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08-08-2006 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, August 8, 2006 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mark B. Roath City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.iiylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. August 8,2006 Wylie City Council Regular Meeting Agenda Page 2 of 5 A. Approval of the Minutes from the July 25, 2006 Regular Meeting, July 31, 2006 and August 1, 2006 Special Called Meetings of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat for A & W Properties Addition No. 2, generally located north of F.M. 544 and west of F.M. 1378 (Country Club Drive). (M. Manson, Assistant City Manager) C. Consider, and act upon, a petition from Adams Engineering to defer the installation of landscaping for Collins Estates Subdivision. (C. Holsted, City Engineer) D. Consider, and act upon, acceptance of a Tobacco Compliance Grant from the State of Texas Comptroller's Office in the amount of$3,000.00. (J. Butters, Police Chief) E. Consider, and act upon, authorizing the Mayor to enter into a Child Abuse Task Force Interlocal Agreement. (J. Butters, Police Chief) F. Consider, and act upon, approval and final acceptance of the Alanis Drive Paving Project, authorization of final payment, in the amount of $199,558.75, to Site Concrete, Inc., and acceptance of the project as complete. (C. Holsted, City Engineer) REGULAR AGENDA Public Hearing 1. Conduct a Public Hearing and consider, and act upon, Ordinance No. 2006-48 amending Ordinance No. 2006-28 (Establishing regulations governing the sale of alcoholic beverages). (M. Manson, Assistant City Manager) Executive Summary Ordinance No. 2006-28 permits the sale of alcohol in the Corridor Commercial(CC), Light Industrial (LI), Heavy Industrial(HI), and Downtown Historic Districts(DTH). Since adoption of the ordinance, Staff has received four requests that the ordinance be amended to permit the package sale of alcohol in all non- residential zoning districts. The Planning and Zoning Commission voted 6—0 to recommend approval. General Business 2. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. (J. Fort, Attorney-at-Law, City Attorney's Office) Executive Summary Mayor John Mondy voiced an interest in establishing a Code of Ethics for the City of Wylie at the June 13, 2006 City Council Meeting. The City Attorney's Office has drafted, and then revised, an Ordinance on ethics for Council consideration and possible action. 3. Consider, and act upon, Ordinance No. 2006-49 setting the prima facie speed limits for State Highway 78. (C. Holsted, City Engineer) August 8,2006 Wylie City Council Regular Meeting Agenda Page 3 of 5 Executive Summary TxDOT recently completed a speed-zone study for S.H. 78 in the City of Wylie. Approval of this ordinance will authorize TxDOT to install the appropriate speed limit signs along S.H. 78. 4. Consider, and act upon, issues surrounding the Wylie Economic Development Corporation (WEDC) for FY 2006-2007 Budget. (S. Satterwhite, WEDC Executive Director) Executive Summary The Wylie Economic Development Corporation Board of Directors approved the proposed FY 2006-2007 Budget on July 20,2006. 5. Consider, and act upon,Resolution No. 2006-22(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2006-2007; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. (L. Williamson, Finance Director) Executive Summary In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearings must be held if an entity's proposed tax rate exceeds the effective tax rate. The first scheduled public hearing will take place on August 22, 2006. A second public hearing is scheduled for August 29,2006. The City Council's vote on the tax rate is scheduled for September 12,2006. 6. Consider, and act upon, Ordinance No. 2006-50 of the City of Wylie, Texas amending Ordinance No. 2005-41 (2005-2006 Annual Budget) and approving an appropriation of funds, in the amount of $4,000.00, for the purpose of purchasing furniture and equipment for the Mayor's office. (M. Roath, City Manager) Executive Summary With the WEDC Executive Director relocating his office from the City Hall, Mayor John Mondy has requested that the office be furnished. Adoption of Ordinance No. 2006-50 would amend the 2005-2006 Annual Budget to provide funds for the purchase of items for the office. 7. Consider, and act upon, Ordinance No. 2006-51 amending Ordinance No. 2005-41, (2005-2006 Annual Budget) to provide funds for Collin County Community College in the amount of$2,500; additional electricity in the amount of$75,000; a water rate study in the amount of $14,500; and asphalt work on West Brown Street in the amount of$293,700. (L. Williamson, Finance Director) Executive Summary Adoption of Ordinance No. 2006-51 would amend the 2005-2006 Annual Budget to provide funds for electricity at municipal buildings,the city's portion of a$5,000 commitment to Collin County Community College Foundation,the recently completed water rate study,and asphalt work on West Brown Street. 8. Consider, and act upon, AIA Document A121 — 2007 and AGC Document 565, AIA Document A201 — 1997, between the City of Wylie and Thos. S. Byrne, Ltd., related to construction management services for the new Library, City Hall and Recreation Center. (M. Roath, City Manager) August 8,2006 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary On June 13, 2006, City Council selected Thos. S. Byrne, Ltd. as the construction manager for the new Library, City Hall and Recreation Center. Upon the Council's selection,the City Administration began the negotiation process for a contract. 9. Consider, and act upon, Ordinance No. 2006-52 extending until September 30, 2006, or until a new Franchise becomes effective, the franchise granted to ATMOS Energy Corporation, to own, operate and maintain a gas distribution system in the City of Wylie. (M. Roath, City Manager) Executive Summary A twenty-five year gas franchise was granted to Lone Star Gas Company,now assigned to ATMOS Energy Corporation, on March 10, 1981. Prior to expiration, the City Manager and City Attorney commenced negotiations with a representative of ATMOS on a new gas franchise. The proposed ordinance extends the current franchise until September 30, 2006 or until a new franchise becomes effective, whichever occurs earlier. 10. Consider, and act upon, the acceptance of the resignation of Weldon Bullock and the appointment of two members to the Zoning Board of Adjustment to fill two unexpired terms. (M. Manson, Assistant City Manager) Executive Summary Staff is requesting the appointment of two new members to the Zoning Board of Adjustments (ZBA). The appointments would fill the unexpired terms of Weldon Bullock and Jan Sargent. It is recommended that the new appointments serve as alternate members, and two current alternate members, Layne LeBaron and Jeff Ellis,be appointed as regular members of the Zoning Board. WORK SESSION • Consider and provide direction on a proposal by Skorburg Company for the 61.28 acre Hood tract located south of Stone Road and west of F.M. 544. (Zoning Case 2006-11) (M. Manson, Assistant City Manager) • Presentation by design firms of Carter & Burgess, Inc., Halff Associates, and Teague Nall and Perkins for design services related to the Founders Park Improvements. (M. Sferra, Public Services Director) RECONVENE INTO REGULAR SESSION 11. Consider, and act upon, ranking the finalist design firms and authorizing the City Manager to negotiate a contract beginning with the top ranked firm for the Founders Park Improvements. (M. Sferra, Public Services Director) Executive Summary Should the City Council select a design firm, from the finalist list, then the City Manager will initiate negotiations relative to scope, services, fees and payment schedules with the top ranked firm. If a tentative agreement is reached,then the City Manager will return with a contract for City Council consideration and possible action. August 8,2006 Wylie City Council Regular Meeting Agenda Page 5 of 5 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article 111, Section 13-D. ADJOURNMENT CERTIFICATION I cert that this Notice of Meeting was posted on this 4`h day of August, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 25, 2006 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Eric Hogue, Councilman Earl Newsom and Councilman Merrill Young. Councilman Red Byboth and Councilman Rick White were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; City Engineer, Chris Hoisted; Interim Fire Chief, Noe Flores; Library Director, Racheal Orozco; Public Services Director, Mike Sferra; Building Inspection Director, Johnny Bray; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Mark Forrest representing the Murphy Road Baptist Church gave the Invocation and Mayor Pro Tern Porter led the Pledge of Allegiance. PRESENTATION • Presentation to Glenn R. Meeks,Volunteer, City of Wylie Fire Department (J. Mondy, Mayor/J. Scribner, Captain) Mayor Mondy, Interim Fire Chief Flores, and Captain Jeff Scribner presented a plaque of appreciation to retiring volunteer firefighter Glenn R. Meeks, thanking him for his many years of service to the Wylie Fire Department. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There was no one present to address Council during Citizens Comments. Minutes—July 25, 2006 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the July 11, 2006 Regular Meeting and July 18, 2006 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a petition from Herzog Development Corporation to defer the construction of the screening wall and landscaping for Phase 10C, 10D, and 12 of the Woodbridge Development. (C. Holsted, City Engineer) C. Consider, and act upon, Ordinance No. 2006-43 amending Section 78-72(a) of the City of Wylie Code of Ordinances to allow for the acceptance of deeds in addition to the plat dedications for dedication of park land to the City. (M. Sferra, Public Services Director) D. Consider, and act upon, Ordinance No. 2006-44 amending Ordinance No. 2005-41 (FY 2005-2006 Annual Budget) approving an appropriation of funds, in the amount of $29,508.52, for the purchase of EOC video communication equipment, EOC furniture, fees for the initial lease of Fire/EMS electronic reporting equipment, subscription to Fire/EMS software license, and department training for electronic Fire and EMS reporting technology. (N. Flores, Interim Fire Chief) Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-45 amending the zoning from Neighborhood Services (NS) and Agricultural (AG) District to Planned Development (PD) District to allow for mixed uses including retail and single-family residential of varied densities, generally located at the southwest corner of Sachse Road/Ballard Avenue and Pleasant Valley Road. ZC 2006-09 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the amendment of zoning request has been withdrawn by the applicant, Herzog Development Corporation. The subject property is located at Minutes—July 25, 2006 Wylie City Council Page 2 the southwest corner of Sachse Road/Ballard Avenue and Pleasant Valley Road. Council may consider accepting the withdrawal by the applicant. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Porter to accept the withdrawal of Zoning Case #2006-09 (Ordinance No. 2006-45) submitted by the applicant. (Herzog) A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 2. Conduct a Public Hearing for the annexation of a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located west of F.M. 544 and north of Elm Road. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the two required public hearings. This annexation is at the request of the property owner, Michael Hood. The property is located on the west side of F.M. 544, north of the recently approved Braddock Place development(the Rice property)and east of the Twin Lakes Subdivision. Public Hearing Mayor Mondv opened the Public Hearing at 6:11 p.m. No one was present to address Council. Mayor Mondv closed the Public Hearing at 6:11 p.m. No action other than the 2nd Public Hearing was required. Action on this item will be considered at the August 22, 2006 Regular Council Meeting. 3. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-46 amending Planned Development 2003-01 to allow for a sports complex, generally located west of Hooper Road and south of Exchange Street and Regency Business Park Addition. ZC 2006-08 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the applicant, Herzog Development Corporation, is requesting an amendment to PD 2003-01 to allow for a sports complex on Tracts A-4 and A-3 of the subject property. The Planning Commission considered this request at the June 6, 2006 meeting and recommended approval by a vote of 6—0. Public Hearing Mayor Mondv opened the Public Hearing at 6:14 p.m. Minutes—July 25, 2006 Wylie City Council Page 3 No one was present to address Council. Mayor Mondy closed the Public Hearing at 6:14p.m. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-46 amending Planned Development (2003-01) to allow for a sports complex, generally located west of Hooper Road and south of Exchange Street and Regency Business Park Addition. (ZC 2006-08) A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 4. Conduct a Public Hearing on the proposed Thoroughfare Impact Fees. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees. On June 13, 2006 City Council adopted an Ordinance setting the date for a public hearing on the proposed Thoroughfare Impact Fees. Public Hearing Mayor Mondv opened the Public Hearing at 6:15 p.m. No one was present to address Council. Mayor Mondy closed the Public Hearing at 6:15 p.m. No action was required on this item. General Business 5. Consider, and act upon, Ordinance No. 2006-47 regarding Thoroughfare Impact Fees to be assessed by the City of Wylie. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that In accordance with Section 395 of the Local Government Code, a public hearing was conducted to receive public comments on the proposed Thoroughfare Impact Fees to be assessed by the City of Wylie. This will be the last step in establishing thoroughfare impact fees. Mayor Mondy asked Mr. Hoisted what the difference was in cost from zone to zone. Mr. Hoisted stated that the cost difference was based according to the amount of improvements required for each zone. Those improvements must include all areas within a 6 mile radius. The City was basically split into two sections (zones) divided by S.H. 78. He explained that more improvements were needed on the east section (zone)of town, thus the difference in fees. Mayor Mondy asked Mr. Holsted if splitting the city into two zones had the most cost benefit. Mr. Holsted replied that in his opinion it did because they are bigger areas to collect funds from. Councilman Young asked Mr. Holsted if the fees would cover increasing construction cost for roads. Mr. Hoisted explained that the costs presented in this Ordinance covered current costs for road construction and improvements plus a contingency for increases in the future. He commented that in a few years, Council may wish to revisit the fees for cost effectiveness. Minutes—July 25, 2006 Wylie City Council Page 4 Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tem Porter to approve Ordinance No. 2006-47 approving Thoroughfare Impact Fees to be assessed by the City of Wylie. A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 6. Consider, and act upon, a nomination for the Collin County group representative to serve on the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC) of the Dallas/Fort Worth area. (J. Mondy, Mayor/C. Ehrlich, City Secretary) Staff Comments Mayor Mondy addressed Council stating that membership on the Regional Transportation Council is either by direct membership or group representation. The Cities of Richardson, Addison, Wylie, Sachse, and Murphy currently share a seat on the RTC. Presentations were made by Greg Hirsch, Mayor Pro Tern, Town of Addison and John Murphy, Mayor Pro Tern, City of Richardson at the July 18, 2006 Called Council Meeting. The Cities have been requested by NCTCOG to deliberate on this nomination. Mayor Mondy explained to Council that the City of Murphy and the City of Richardson had previously cast their votes to nominate Mr. John Murphy which totaled over 50% of the votes for the group cities. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young, to nominate John Murphy, Mayor Pro Tem, City of Richardson as the NCTCOG Regional Transportation Council group representative. A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 7. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. (J. Fort, Attorney-at-Law, City Attorney's Office) Council Action Mayor Mondy made a motion to remove Ordinance No. 2006-42 from the table. Consensus of Council was to remove and consider. Staff Comments City Manager Roath explained that Mayor John Mondy voiced an interest in establishing a Code of Ethics for the City of Wylie at the June 13, 2006 City Council Meeting. The City Attorney's Office has drafted, and then revised, an Ordinance on ethics for Council consideration and possible action. Mayor Mondy commented that tonight there was not a full council and asked how the Council wished to proceed. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to re-table Ordinance No. 2006-42, establishing a Code of Ethics to the August 8, 2006 Council meeting to Minutes—July 25, 2006 Wylie City Council Page 5 consider/act with a full seated Council. A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 8. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, authorizing the City of Wylie to join with other cities in proceedings involving permitting of coal generation plants before the Texas Commission on Environmental Quality (TCEQ) and allocating an amount not to exceed $ . (J. Mondy, Mayor) Council Action Councilman Hogue made a motion to remove consideration of Item #8, (joining other cities in proceedings involving permitting of coal generation plants before TCEQ and allocating funds) from the table. Consensus of Council was to remove and consider. Staff Comments Mayor Mondy explained that Ms. Laura Miller, Mayor, City of Dallas forwarded to the Mayor a memorandum and White Paper involving potential proceedings before the Texas Commission on Environmental Quality regarding coal plants. He explained that since the tabling of this item at the July 11, 2006 Council meeting, the City Manager has contacted the City of Sachse, who has expressed willingness to consider cost sharing in this endeavor at their next council meeting. He reported that the City of Murphy has indicated that they would not want to participate. City Manager Roath reported that there was some indication that TXU Power was attempting to speed up the process of approval with TCEQ prior to any additional Federal Government requirements regarding green house effects. He asked Council to consider whether or not to authorize participation in this endeavor and if authorized, how much to contribute. He also reported that a representative from the City of Dallas, Mayor's Office, did indicate that they would be willing to accept less than the proposed $10,000.from cities joining the endeavor. Council Discussion Mayor Mondy stated that he believed the City has an obligation to at least get the information to our residents regarding what effects these coal generation power plants would have on our area. He stated that transportation dollars, for this area, could be directly tied to this clean air issue. I believe we owe this to our community and region to participate in the endeavor. Councilman Young asked if there was a difference in the wording as to whether this was a study or was expert representation before TCEQ regarding the power generation issue. City Manager Roath explained that this contribution would include a study by experts in this field and representation by these experts at the permit hearing for TXU Power. Councilman Newsom stated that he was afraid this type of intervention would turn out like California where power was over regulated and blackouts were happening. Mayor Pro Tern Porter stated that he believed a study should be done to find better ways to generate power without damaging the air. He stated that scrubbers alone would not fix the problem. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Young to authorize the City of Wylie to join with other cities in proceedings involving permitting of coal generation plants before the Texas Commission on Environmental Quality and allocating an amount not to exceed $5,000.00. A vote was taken and passed 4-1 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue and Councilman Young voting for and Councilman Newsom voting against. Councilman Byboth and Councilman White were absent. Minutes—July 25, 2006 Wylie City Council Page 6 9. Consider, and act upon, AIA Document B141 — 1997, Part 1 and Addendum #1, Part 2, and MA Document G606 — 2000 between the City of Wylie and ARCHITEXAS — Architecture, Planning and Historic Preservation, Inc., related to design services for the new library. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the City Council selected ARCHITEXAS as the architectural firm to design the new Library, City Hall and Recreation Center. Upon Council's selection, the City Administration began the negotiation process for a contract. Mr. Roath explained that the presented documents included master contracts for City Hall, Recreation Center and the Library. Addendum #1 covers the library design and cost thereof; this being the first project of the bond package. He stated that this contract included $50,000 for site selection on an "as needed" basis and $75,000. for the re-assessment of the 2004 Needs Assessment to make sure the areas addressed were still pertinent. He explained that Mr. Craig Melde of ARCHITEXAS was present to answer any question. He noted that the contract had been reviewed by the City Attorney's Office. Mayor Mondy asked City Manager Roath if the council choose the site for these buildings without much discussion could the cost of$50,000. be saved. Mr. Roath replied that it could. Architect/Council Discussion Mayor Mondy asked Mr. Melde with steel, concrete and other construction costs going up, was there enough funds based on the bond proposal to build these buildings and would the square footage change from that originally proposed. Mr. Melde replied that his company is charged with the responsibility to confirm square footages and cost to make sure these projects stay on budget. He explained that the option the City had chosen to obtain a design architect and a construction manager was a good choice and would allow both parties to make sure this project comes in on budget. He explained that there are choices in construction materials that can lower the cost for the buildings and allow for the same square footage. These options will be completely studied before any recommendations/options are made. He did advise Council to move forward as soon as possible due to the rising costs. Mr. Roath explained that the contract called for 9 months for the library design but he felt it could be designed in 7 months. Mr. Melde stated that the City may also want to share some spaces between buildings which would also be a cost savings. Mayor Mondy asked if these buildings would be built "to last". Mr. Melde replied that absolutely they would. ARCHITEXAS is committed to sustainable architecture and that means low maintenance products and materials that will last and keep maintenance down. We will also make sure these buildings use energy conservation and the buildings are"green"buildings. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tem Porter to accept and approve AIA Document B141- 1007, Part 1 and Addendum#1 Part 2, and AIA Document G606- 2000 between the City of Wylie and ARCHITEXAS, Architecture, Planning and Historic Preservation, Inc. related to design services for the new library. A vote was taken and passed 5- 0 with Councilman Byboth and Councilman White absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Carole Ehrlich read the captions to Ordinances 2006-43, 2006-44, 2006-46, and 2006-47 into the official records. Mayor Mondv convened into Work Session at 6:47 p.m. Minutes—July 25, 2006 Wylie City Council Page 7 WORK SESSION • Discussion on the City of Wylie FY 2006/2007 Annual Budget. (M. Roath, City Manager) City Council and staff discussed the proposed FY 2006/2007 Annual Budget pertaining to the General Fund. City Council scheduled two additional work sessions; July 31, 2006 and August 1, 2006 to further discuss the proposed budget. ADJOURNMENT With no further business before Council, Councilman Young made a motion to adjourn at 9:30 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—July 25, 2006 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE Minutes Special Called Work Session Wylie City Council Tuesday, July 31, 2006 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Eric Hogue, Councilman Earl Newsom, Councilman Merrill Young, and Councilman Red Byboth. Councilman Rick White were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; City Engineer, Chris Hoisted; Interim Fire Chief, Noe Flores; Library Director, Racheal Orozco; Public Services Director, Mike Sferra; Building Inspection Director, Johnny Bray; Public Information Officer, Mark Roath; City Secretary, Carole Ehrlich and various support staff. WORK SESSION • Discussion on the City of Wylie FY 2006/2007 Annual Budget. (M. Roath, City Manager) City Council and staff continued discussing the proposed FY 2006/2007 Annual Budget pertaining to the General/Utility Funds. City Manager Roath reviewed with Council additional options to the recommendations for the new City of Wylie Pay Plan. Some of the options included: revisions to the grade step table for uniformed employees to 10 steps (rather than 13 steps) to increase the percentage increments from 2.5% to 3%; reducing the initial phase-in cost by reducing all recommended grade/range assignments by 2 or roughly 5%. He explained that this would place the City's structure at 95% rather than the 100% recommended in the initial recommendations, reminding Council that the pay plan currently is at 85% of the market. Additionally, modify compression adjustments for multiple-incumbent jobs where some employees received significant below-minimum adjustments. Employees may receive an additional 3% to 6% if they were inadvertently "compressed" when newer employees needed Minutes—July 31, 2006 Special Called Work Session Wylie City Council Page 1 below minimum dollars. City Manager Roath stated that Mr. Weatherly, President of Public Sector Personnel Consultants would be available for the August 1, 2006 Work Session by telephone conference to address any additional concerns. City Council discussed each department's line items and new additions to the FY 2006-2007 Budget with the appropriate Directors. City Council will continue discussion regarding the General Fund and Capital Improvement Funds during the scheduled work session on August 1, 2006. Council reviewed the General Fund with staff. City Manager Roath gave an overview of the Budget Highlights which included: • Funding to continue the City service levels expected by the citizens of Wylie. • Funding to continue the realignment of the organization for improved efficiency and effectiveness including an appropriation to create a new Parks and Recreation Department and hire a new director as well as fill the director position for the current Support Services Department. • Funding to implement the Not-Profit-Program adopted by the City Council. • Funding to implement a change in the Police Vehicle Replacement Program, which will now allow road vehicles to be replaced every two years instead of every three years as is current practice. • Funding to implement a Pool Vehicle Program, which will allow council and staff to use two (2) vehicles for City business on a first come, first serve use basis. • Funding to continue the Annual Street Resurfacing Program. • Funding to continue improvements to the Park system including new basketball courts for Friendship Park, Lakeside Park, Community Park, and Eureka Park; a new swing set at Kirby Park and continued improvements at Joel Scott Park. • Funding to continue the Vehicle Replacement Program for all departments. • Funding to address transfers as well as debt service requirements for FY 2006/2007. • And, funding to implement the new Salary Plan proposed by Public Sector Personnel Consultants. Departmental budgets reviewed were: Library, Fire, Police, Building Inspections, Planning and Zoning, and Public Services including Public Works and Parks. The Library Director, Rachael Orozco reported that she was requesting one additional part time employee and the Planning and Zoning Department Director and Assistant City Manager Mindy Manson reported that she was requesting a full time position to provide a Planner for the department. Police Chief Jeff Butters reported that he was requesting four new police officers. Interim No other positions were requested from the departments reviewed above. Council asked additional questions of each department head. Minutes—July 31, 2006 Special Called Work Session Wylie City Council Page 2 ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 11:14 p.m., seconded by Mayor Pro Tem Porter. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—July 31, 2006 Special Called Work Session Wylie City Council Page 3 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting/Work Session Wylie City Council Tuesday, August 1, 2006 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Eric Hogue, Councilman Earl Newsom, Councilman Merrill Young, and Councilman Red Byboth. Councilman Rick White was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; City Engineer, Chris Hoisted; Interim Fire Chief, Noe Flores; Library Director, Racheal Orozco; Public Services Director, Mike Sferra; Building Inspection Director, Johnny Bray; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Newsom gave the Invocation and Councilman Young led the Pledge of Allegiance. REGULAR AGENDA • Consider, and possible action, on request for funding by Blackland Prairie Foundation; Equest Therapeutic Horsemanship; Friends of the Rita and Truett Smith Public Library; Meals on Wheels, Inc., of Wylie; Plano Children's Medical Clinic and Wylie ISD Education Foundation. (M. Roath, City Manager) Representatives from: The Blackland Prairie (Anne Hiney, President); Equest Therapeutic Horsemanship (Kay Green, Executive Director); Friends of the Library (Tricia Smith, Vice President); Wylie Meals on Wheels (Bill Nelson, Chairman); Plano Children's Medical Clinic (Susan Shuler, Executive Director), and Wylie ISD Education Foundation (Jenna Lawson, Executive Director) gave presentations describing the functions of their not for profit Minutes—August 1, 2006 Special Called Meeting/Work Session Wylie City Council Page 1 organizations and the services they provided to Wylie residents. They also discussed the funding needs they were requesting from the City of Wylie. Council members listened to the presentations and asked questions of the presenters. There was no official action taken on this item by City Council. WORK SESSION • Discussion on the City of Wylie FY 2006/2007 Annual Budget. (M. Roath, City Manager) City Council continued the discussion of the General Fund with City Manager Roath and specific Directors regarding their appropriate budget requests. City Manager Roath explained that the Public Sector consultant, Matt Weatherly would be available to speak with Council via telephone communication at 8:45 p.m. He explained that a phone had been installed in the Council Chambers for this purpose this evening. Mayor Mondy asked City Manager Roath to go back to the Compensation Pay Plan Task Force and Mr. Weatherly to consult and bring back to Council, at a later date, a recommendation to Council that is satisfactory to all. City Manager Roath replied that he would. City Manager Roath then discussed the Support Services Department including the addition of a Director and moving the Public Information Officer into Support Services and transferring the Purchasing Officer back to Finance. He explained that with the growing numbers of projects in the pipeline, a director was needed to give this department the attention it deserved. Council asked questions regarding the requested Director. Council requested a 5-10 Y City Plan for the administration of the General Fund departments to determine what departments needed to be expanded or divided and what departments would need to be established. Mr. Roath then explained the budgets for the individual departments within Support Services, and continued the General Fund review by addressing the line items within the City Council budget and the City Manager's budget. City Manager Roath asked for an additional position within the City Manager's Office that could spend time, 2-3 weeks, assessing important issues; researching and reporting back regarding the efficiency and cost benefits/liabilities of current and future issues that come before the City. Council asked if this was a function that Assistant City Manager Manson could accomplish. City Manager Roath explained that with the work load Assistant City Manager Manson currently had, it would not be feasible for her to spend 2-3 weeks assessing a new issue. City Manager Roath explained that this new position could be very cost effective. City Secretary Ehrlich reviewed with Council the budget for the City Secretary's Department. She explained that she was requesting a part time employee to complete the laserfiche implementation for her department as well as other departments. She explained that with the lean staffing, departments were having difficulty scanning old documents into the system. She reported that her department could assist with this service and ensure that all departments' files were set up uniformly for easy access by staff and at some point to citizens. Other departments reviewed were the City Attorney's Office and Finance. Finance Director, Larry Williamson address the Finance Department budget stating that he had not requested any new positions. He explained that one position within his department is currently graded as an • administrative assistant position and he was requesting that this position be raised to Accountant 1 job classification. He stated that this employee was performing the work of an Accountant 1 classification, and therefore should be raised to that job classification. Councilman Newsom asked Mr. Williamson if the classification adjustment was merely to bring the employee Minutes—August 1, 2006 Special Called Meeting/Work Session Wylie City Council Page 2 up to the actual job she was performing. Mr. Williamson stated it was. Mayor Mondy asked specific directors if any of their staff had been promoted in the past year. Directors stated they had not. Councilman Hogue asked if there was not a Senior Accountant added last year to replace the Assistant Finance Director. Mr. Williamson stated that was true and in doing so saved the City a fair amount of funds. City Manager Roath stated that he believed if an employee was performing work in another classification, in an excellent manner, that person should be promoted to that classification. Councilman Hogue stated that the reason the Compensation Task Force was reviewing the current Wylie Pay Plan was to assure that employees who were performing an excellent job would be compensated fairly for the work performed. He asked that staff and the task force look at those older, well performing employees, as well as the employees needing to be brought up to the minimum market. • Discussion on the City Capital Program for Fiscal Years 2007 thru 2011. (M. Roath, City Manager) City Manager Roath reviewed the FY 2007/2011 Capital Program with Council. Directors responsible for Parks and Recreation Projects, Public Buildings Projects, Street Projects, Water Projects, Vehicles and Equipment Projects, and miscellaneous projects were reviewed by their specific projects and answered questions by Council. ADJOURNMENT With no further business before Council, the meeting was adjourned at 9:35 p.m. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—August 1, 2006 Special Called Meeting/Work Session Wylie City Council Page 3 Wylie City Council CI_4(TY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: July 27, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Final Plat for A & W Properties Addition No. 2, generally located north of F.M. 544 and west of F.M. 1378 (Country Club Drive). Recommendation Motion to approve a Final Plat creating a single commercial lot for A & W Properties Addition No. 2. Discussion The applicant is proposing to construct a single story building on .587 acres. The building will be retail in nature and will total 7,300 square feet. The subject property has never been platted and is zoned Commercial Corridor (CC) District. Retail is a permitted use within the CC District. The property is bounded to the west by an existing office/warehouse single story building (under same ownership) and to the north by the Dallas Area Rapid Transit Railroad (DART). The subject property is triangular in shape measuring one hundred and two feet (102.09') along the western property line and tapering along the northern property line for a distance of 1,219.65 feet. A thirty (30) foot NTMWD easement occupies a great deal of the property running east and west along the southern property line. A Site Plan was approved by the Planning and Zoning Commission on July 18, 2006. A variance to the rear yard setback to allow the rear of the building to be placed on the rear property line was granted by the Zoning Board of Adjustments on July17, 2006. The Final Plat complies with all applicable technical requirements of the City of Wylie and conforms to the approved Preliminary Plat. Approved By Initial Date Department Director City Manager Page 1 of 1 I i a 0 iii il Jo ji ill itip P rx 1 !i"! I e LE r i' ! Lr r4 1 a t i 13i 14 of a '�_ _ '�_ � {[ li�+ i 1r I ;¢i= Fi t F; 11 �;/ ,131 n�� I {r .ter. I ems t i; i;�� 14 it i:3 ' s= !E_ H ,� I' x ;F C`-r III t tt t 11 it; II"of 4 r'a ili o / Z 3 n` IF i 11 il il L t r - (' I °,i i ;7 tr I! ! 1r ! L 11 IE •� � ti I.: �_ F ;;I i i= 3 t E X I " 141 a 7 =l /Ia a ION WM IA a a � q r • � q gd PP771Z 1 lig I 4 [IP 1 I ' [ fir rig' II i 0 Pi Pig i 1 1 I t f '� = r IN i r. = Ii!gillLr' 1 i as r iL 1 a,i 1 3 r Lir= a 1 N I _ at, ; a 11 tfill i.Nil l i =� s A ' I a !f r ,_ • •ul� r 4F !.i PI r� I L> --- 81 I sa lill I F( L : :8 fi F '; I i ; 11;1 1 II I ti I _� ii b 1113a* I a z € =lilt is 1 4r! 1 I i1r it F I�� � 4., 1 I. r , il `h kI `Is IN' I —Z_,.... 1°1 _! ilk f EP• v ill I F �i 1 NJ f OR ii� ' � ; z-► i 5� p it> II R i1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: C Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: July 28, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a petition from Adams Engineering to defer the installation of landscaping for Collins Estates Subdivision. Recommendation Motion to approve a petition from Adams Engineering to defer the installation of landscaping for Collins Estates Subdivision. Discussion Section 6.10 A. of the City's Subdivision Regulations states: "The City Council may, upon petition of the property owner and favorable recommendation of the City Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the immediate interests of the public health, safety and general welfare." Adams Engineering has requested, per the attached letter, acceptance of the Collins Estates Subdivision prior to installation of the required landscaping. They have indicated that they will provide a letter of credit to secure the improvements. Approved By Initial Date Department Director City Manager Page 1 of 1 '1, Adams ENGINEERING July 17, 2006 Mr. Chris Hoisted City Of Wylie Engineering Department 2000 Highway 78 North Wylie, TX 75098 Re: Deferment of Required Landscaping Collins Estates Subdivision - Wylie, Texas ADAMS Job# 2004.265 Dear Mr. Hoisted, As you are aware from our recent discussions, Adams Engineering (ADAMS) is the engineer-of- record for the Collins Estates project in Wylie. ADAMS has also served as the owner's representative for the zoning, platting, and engineering design of the development. We are currently in the final phases of construction and will be asking for final acceptance of our subdivision very soon. As a part of the final acceptance, the owner of the property is required to install and maintain the required amount of landscaping and irrigation per the Planned Development requirements and per Section 5.6 of the City of Wylie Subdivision Regulations. However, due to the current drought conditions, any landscaping that is installed now will be very difficult, possibly impossible, to maintain in the condition that the development will require. Therefore, we ask for a deferral of the following planned improvements: required landscaping, irrigation, and fountain construction. This deferment will be active until such a time that the Owner and City Engineer agree the weather conditions are such that proper quality improvements may be installed and have a chance to be kept alive. Once construction/installation of these improvements begins, they will be completed within a 60 day period. The Owner requests the City accept a Letter of Agreement to be accepted by the City for such a deferral. ADAMS and the Owner understand that approval of this deferral can only be granted by the City Council and in accordance with Section 6.10 of the Subdivision Regulations. We ask that you include us within the next City Council agenda on August 8, 2006. We have appreciated the opportunity to work with you on this exciting project. Please contact me at (972) 205-0505 if you have any questions or need any additional information. Very truly yours, Ad ngineering e cei C s Seely, P.E. Director of Engineering 705 W.Avenue B, Suite 306, Garland, Texas 75040 Phone:(972)205-0505 Fax:(972)205-0550 Corporate Office: Tyler, Texas Branch Offices: Southlake, Texas•San Diego, California a a+t +++ at rat ta+ AMERICAN NATIONAL BANK www.anbtx.com July 28, 2006 IRREVOCABLE LETTER OF CREDIT NO. 88060538 City of Wylie 2000 N. Hwy 78 Wylie, TX 75098 Re: Letter of Credit for David Michael Foster To Whom It May Concern: We hereby establish in your favor, for the account of David Michael Foster with The American National Bank of Texas, 301 S. Hwy 78, Wylie, TX 75098 our Irrevocable Letter of Credit ("Credit") in the amount of$50,000.00 for the purpose of landscaping for Collins Estate LLC. Funds under this Credit are available in any number of draws, by your written request if presented at our office prior to the expiration of the Credit together with the original of this Credit. Drafts must be marked as being drawn under this Letter of Credit and bear its number. The amounts are to be endorsed on the reverse by the negotiating bank. We hereby agree with the drawers, endorsers and bona fide holders of drafts drawn under and in compliance with the terms of this Credit, that such drafts will be duly honored upon presentation and delivery of documents as specified above at this office on or before January 1, 2007. This IRREVOCABLE LETTER OF CREDIT expires on January 1, 2007. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDIT (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. Very truly yours, The American National Bank of Texas By C,��Y icYc--63 Anita Collins, Market President Wylie Banking Center,301 S.Hwy.78,P.O.Box 1268,Wylie,Texas 75098 Metro(972)442-6565 Fax 972-442-8365 MEMBER FDIC Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: D Department: Police (City Secretary's Use Only) Prepared By: Jeffrey T. Butters Account Code: Date Prepared: July 25, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, acceptance of a Tobacco Compliance Grant from the State of Texas Comptroller's Office in the amount of$3,000.00. Recommendation Motion to authorize the Mayor to sign the Tobacco Grant Acceptance Agreement and Compliance Standards. Discussion The Wylie Police Department has been awarded a $3,000.00 Tobacco Compliance Grant for Fiscal Year 2007. The grant award is from the State of Texas Comptroller's Office and requires no local match. The awarded funds are to be used for tobacco compliance activities such as using minors for controlled buys (stings) at tobacco retails stores and providing compliance education to local tobacco retailers. Lt. Mike Atkison applied for the grant and received the funding for the department. Approved By Initial Date Department Director City Manager Page 1 of 1 x,�vct;c�°'fin ,tt l _y�, , TEXAS COMPTROLLER OF PUBLIC ACCOUNTS !� )� ' P.O. BOX 13528 ,?•> AUSTIN, TX 78711-3528 4PExas CAROLE KEETON STRAYHORN July 14, 2006 Texas Comptroller Lieutenant Michael R. Atkison Wylie Police Department 2000 North Highway 78 Wylie,Texas 75098-6043 Dear Lieutenant Atkison: Congratulations! Your department has been awarded a Tobacco Compliance grant in the amount of$3,000.00 under the provisions of the Texas Health& Safety Code Ann. Sec. 161.088(b) (Vernon's Supp. 1999)for fiscal year 2007 beginning September 1, 2006. Enclosed you will find the"Grant Acceptance Agreement and Compliance Standards"form, along with the Scope of Work. Please review these documents thoroughly. To accept your grant award,please have an authorized official of your law enforcement agency sign and return the Acceptance Agreement. Your grant funds will be mailed upon receipt of the agreement. If you choose not to acce is rant, lease write "declined" on the agreement. Please mail the agreement to the following address by August 14,2006 d keep a copy for your files: Texas Comptroller of Public Accounts Attention: Carol Lauder Post Office Box 12010 Austin,Texas 78711-2010 Each grantee must begin implementation of the grant provisions, as outlined in the Acceptance Agreement and the Scope of Work,within 30 days after attending a technical assistance workshop. Attendance at a grant workshop is mandatory. Any exception to these requirements will require review and written approval by the Comptroller or the Comptroller's designee. The technical assistance workshops will be presented by the Comptroller's office and Texas Statewide Tobacco Education and Prevention (Texas STEP)program. The workshop encompasses tobacco enforcement and compliance education requirements. It will also cover activity and financial reporting, expenditure requirements, as well as the latest information concerning the issue of tobacco and minors in Texas. Expenses related to attending this workshop are covered by this grant using the"Education"budget category. Texas STEP will mail the workshop information to grantees so you can make the appropriate arrangements to attend. If you have any questions regarding this letter,please contact Texas STEP at 1-888-783-7123. Thanks for all that you do for Texas. Sincerely, O&V•Ile ;• 4CW7/10 °,°°,( Carole Keeton Strayhorn Texas Comptroller Enclosure c: Carol Lauder Texas S t'EP Scope of Work Local Law Enforcement Grantee Requirements Contract funds shall be used to support the enforcement, retailer and judicial education, and reporting of activities related to the grants as follows: Sixty percent (60%) of the effort of all grant activities shall be focused on Controlled Buys ("stings"); twenty percent (20%) shall be focused on Retailer Compliance Inspections, fifteen percent (15%) shall be focused on Retailer and Judicial Education, five percent (5%) is available to cover reporting costs. Grantee shall follow additional program requirements outlined in Sections A, B and C. A. Grant Activities —Controlled Buys (60%); Compliance Inspections (20%), Retailer and Judicial Education (15%),Reporting of Activities(5%.) • Grantee shall conduct tobacco education of retailers for the sole purpose of reducing youth access to tobacco products, and to ensure compliance with the Health and Safety Code, Chapter 161 —Subchapters H,K, and N. • Grantee shall conduct tobacco education of local judicial/court personnel in the city and/or county to assist in obtaining information concerning the final disposition of citations written in accordance with Health and Safety Code Chapter 161 —Subchapters H, K, and N. • Grantee shall conduct on-site compliance inspections of tobacco retailers, not using minors as decoys, which may result in the issuance of citations for violations in accordance with the Health and Safety Code,Chapter 161 —Subchapters H and K. • Grantee shall conduct on-site controlled buys/stings of tobacco retailers using minors as decoys, to determine compliance with applicable laws in accordance with Health and Safety Code, Chapter 161 —Subchapter H. • Grantee shall conduct follow-up inspections of retail outlets found to be in violation of state laws. • Grantee shall conduct follow-up activities on complaints sent to Grantee concerning tobacco law violations within applicable jurisdiction. • Grantee shall submit reports to Texas STEP (as noted in"C"below.) B. Additional Program Requirements • Grantee shall designate staff to attend the Technical Assistance Training provided by Texas STEP concerning the recommended protocols for performing compliance education and enforcement activities, appropriate use of grant funds, and reporting requirements. This training relates to controlled buys, compliance inspections, compliance education, financial reporting and other duties as prescribed by Senate Bill 55, 75th Legislature. Grantee shall comply with all applicable state and federal laws,regulations, and guidelines. • Grantee shall ensure attendance at the training by local law enforcement officer(s) responsible for conducting the tobacco compliance education and enforcement activities, who can return to the department and train other officers and staff on the grant requirements and procedures covered in the training, and; —over— TOBACCO GRANT ACCEPTANCE AGREEMENT AND COMPLIANCE STANDARDS By this Agreement,Wylie Police Department(hereinafter"Grantee")hereby agrees and certifies that Grantee shall comply with all requirements in the Scope of Work provided to Grantee contemporaneously with this Agreement and all applicable provisions of the Uniform Grant and Contract Management Standards(UGCMS)promulgated by the Office of the Governor pursuant to the Uniform Grant and Contract Management Act, Chapter 783, Government Code. A copy of the UGCMS may be requested from the Office of the Governor, at: http://www.governor.state.tx.us/divisions/stategrants/guidelines/files/UGMS012001.doc. Grantee acknowledges that appropriate approvals have been obtained from its governing body (city council or county commissioners' court)to accept and utilize grant funds as specified in this Agreement. Grantee agrees that Grantee shall use or expend grant funds exclusively for the following tobacco compliance and enforcement activities, unless directed otherwise by the Office of the Comptroller of Public Accounts (Comptroller): • Grantee shall provide an on-going and consistent enforcement initiative that utilizes on-site controlled buys at cigarette or tobacco permitted retail outlets by officers, using minors as decoys (i.e., "stings"), that may result in the issuance of citations;and • Grantee shall provide an on-going and consistent enforcement initiative that utilizes on-site compliance inspections of cigarette or tobacco retail outlets by law enforcement and other officers and fully acknowledges that the foregoing may result in the issuance of citations;and • Grantee shall provide on-going and consistent compliance education to tobacco retailers and local court personnel concerning the tobacco laws;and • Grantee shall provide monthly enforcement activity reports and quarterly compliance education and financial status reports to the Comptroller's contractor, Texas Statewide Tobacco Education and Prevention(Texas STEP);and • Grantee shall allocate grant funds for enforcement and compliance activities as suggested by the Comptroller's office. Approval of grant funding based on the application submitted by the prospective Grantee or agency does not constitute approval of any or all plans or requests as listed in the application submitted. Appropriate use of grant funds and proper enforcement activities will be covered in the required grant training. Comptroller reserves the right, under this Agreement, to amend the terms of the Agreement at any time and to impose additional requirements on the Grantee at the sole discretion of the Comptroller. Grantee understands and acknowledges that failure to comply with the terms of this Agreement, including grant usage restrictions, or with any applicable state or federal law or regulation, may result in the forfeiture of grant funds. Upon forfeiture. Grantee may also be responsible for the return of the full amount of the original grant to the Comptroller. This grant award is in the amount of $3,000.00 and covers the period from September 1, 2006 through August 31,2007. Grantee shall return all unexpended grant funds within 45 days of the close of this grant period. 3 ohs, m , 4\42..L9Y- �, Qb\«� rk� �-, Name and Title of Official autho d to accept grant funds Department or Agency Name on behalf of County or Municipality(Please print) 510D00'7 Ili Signature of Authorized Official Date FEI Number(required) Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: E Department: Police (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: 10-211-56040 Date Prepared: July 25, 2006 Budgeted Amount: $ 30,461.54 Exhibits: One Subject Consider, and act upon, authorizing the Mayor to enter into a Child Abuse Task Force Interlocal Agreement. Recommendation Motion to authorize the Mayor to enter into a Child Abuse Task Force Interlocal Agreement. Discussion For approximately 10 years, the City of Wylie has contracted with Collin County for the provision of investigative services related to child abuse, neglect, and sex crimes against children. The Collin County Task Force uses the Child Advocacy Center to provide these services. The cost for the 2007 contract is $30,461.54. The funds needed are in the 2007 Budget. To do these investigations ourselves would require a full time investigator and would cost over twice the amount we pay the Task Force. Approved By Initial Date Department Director City Manager Page 1 of 1 Court Order No. INTERLOCAL LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT is entered into on the 1st day October, 2006, by and between the City of Wylie(the"City") and Collin County, a political subdivision of the State of Texas (the County"). RECITALS 1. The County operates the Collin County Sheriffs Office which performs law enforcement functions within the county. 2. The City desires to obtain a certain law enforcement services from the County that the City is authorized to provide. Therefore, under the authority of the Interlocal Cooperation Act, Tex. Rev. Civ. State. Ann, art. 4413 (32c), the parties agree as follows: SECTION 1. DEFINITIONS 1.01 Law Enforcement Services. The term "Law Enforcement Services: means all services necessary for the Collin County Sheriffs Office to provide the reporting, investigating and filing charges for special crimes. 1.02 Special Crimes. The term "Special Crimes"means all crimes, relating directly or indirectly, whereby the victim is less than 17 years of age. The crimes include,but not limited to, the Texas Penal Code, Title Five(5) (OFFENSES AGAINST THE PERSON), Chapters 19, 20, 21, 22, Title Six (6) (OFFENSES AGAINST THE FAMILY) Chapter 25, Title Nine (9) (PUBLIC INDECENCY), Chapter 43. SECTION 2. TERM 2.01 Term. The term of this Agreement shall commence on the 1st day of October, 2006, and shall continue in full force and effect for a period of one (1) year with four(4) annual renewals unless terminated by either party with ninety(90) days prior to the end of the original term or any renewed term. 2.02 Termination. Either party may terminate this Agreement by giving ninety(90) days written notice to the other party. The parties agree that this Agreement will terminate immediately should the City not have an operating Police Force. SECTION 3. SERVICES 3.01 Services. The Sheriff's Office agrees to provide all law enforcement services relating to Special Crimes as described in Paragraph 1.02 of this Agreement. 3.02 Manner of Providing Services. The Law Enforcement Services shall be provided by the County in the same manner and within the same response times as such services are provided by the County within its jurisdiction. 3.03 Use of Additional Personnel. The County may utilize the services of individuals whose duties and responsibilities are related to detection, investigation and/or prosecution of violations associated with offenses described in Paragraph 1.02 of this Agreement. SECTION 4. EXCLUSIVITY OF SERVICE The parties agree that the County may contract to perform services similar or identical to those specified in this Agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. SECTION 5. COMPENSATION 5.01 Law Enforcement Service Charge. Beginning with this Agreement, the City shall provide payment to the County for providing services described in the Agreement. The payment is based upon the"At Risk"population of the City(16%of total population) and the population is based on figures obtained from the North Texas Council of Governments, January 2006 estimates of population. On an annual basis, the City will pay$30,461.54 to the County for providing the above mentioned services. The City will continue payment for any and all charges for services not described in the Agreement. The payment is due October 1, 2006, and paid to the Collin County Auditor's Office. SECTION 6. CIVIL LIABILITY Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the City. The parties agree that the County shall be acting as agent for the City in performing the services contemplated by this Agreement. The City shall hold the County free and harmless from any obligation, costs, claims, judgments, attorneys' fees, attachments, and other such liabilities arising from or growing out of the services rendered to the City pursuant to the terms of this Agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or culpable negligence of the County, and the County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. SECTION 7. AMENDMENT This Agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. CONTROLLING LAW This Agreement shall be deemed to be made under, governed by, and construed in accordance with, the laws of the State of Texas. SECTION 9. NOTICES 9.01 Unless otherwise specified, all communications provided for in this Agreement shall be in writing and shall be deemed delivered whether actually received or not forty-eight (48)hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9.02 All communications provided for in this Agreement shall be addressed as follows: (a) if the County, to: Ron Harris, County Judge 210 S. McDonald McKinney, TX 75069 (b) if the City, to: Chief of Police 2000 North State Highway 78 Wylie, TX 75078 Or to such person at such other addresses as may from time to time be specified in a notice given as provided in this Section 9. In addition, notice of termination of this Agreement by the City shall be provided by the City to the County Judge of Collin County as follows: The Honorable Ron Harris Collin County Judge 210 S. McDonald McKinney, TX 75069 SECTION 10. CAPTIONS The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit, or expand the express provision of this Agreement. SECTION 11. COUNTERPARTS This Agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. SECTION 12. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the City have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. `COUNTY' COLLIN COUNTY, TEXAS By: Title: County Judge Date: `CITY' CITY OF WYLIE, TEXAS By: Title: Date: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: F Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: July 28, 2006 Budgeted Amount: Exhibits: Three Subject Consider, and act upon, approval and final acceptance of the Alanis Drive Paving Project, authorization of final payment, in the amount of $199,558.75, to Site Concrete, Inc., and acceptance of the project as complete. Recommendation Motion to authorize final payment to Site Concrete in the amount of $199,558.75, and accept the project as complete. Discussion On March 22, 2005, a construction contract was awarded to Site Concrete in the amount of$3,863,384.66 for paving and drainage improvements to Alanis Drive. The project included construction of 3-lanes of concrete pavement, a bridge over Muddy Creek, and a traffic signal at the intersection with S.H. 78. All punch list items have been addressed by the contractor. The final contract price with quantity adjustments is $3,841,130.69. Approved By Initial Date Department Director City Manager Page 1 of 1 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. PAUL A.CARLINE,P.E. MATT HICKEY,P.E. DOUGLAS K.SHOWERS,P.E. July 6, 2006 Mr. Chris Holsted,P.E. City Engineer City of Wylie 949 Hensley Lane Wylie, Texas 75098 Re: Alanis Drive Paving,Drainage&Waterline Improvements (From S.H. 78 East to South Ballard Avenue) Pay Request No. 11 &Final Dear Mr. Hoisted: We are enclosing three(3) copies of Pay Request No. 11 and Final in the amount of$199,558.75, including releasing the retainage and payment for the final quantities for work performed by Site Concrete, Inc. on the Alanis Drive Paving,Drainage &Waterline Improvements project through February 26, 2006. This project is now complete. We are also enclosing three copies of an Affidavit and Waiver of Lien executed by Site Concrete, Inc. The final amount includes a deduction of$912.00 to reimburse the City for density testing on the realignment of Storm Sewer Line "C". If you concur with this pay request,please have it executed for the City of Wylie and forward one copy along with the payment due to Site Concrete, Inc. Sincerely yours, Joe R. Carter, P.E. Enclosures cc: Mr. C. A. Davis, Jr.,P.E. Site Concrete,Inc. j:\clerical\wylie\2001-117 alanis p&d\pay request\Itrl 1-final.doc MONTHLY PAY REQUEST Page 1 of 5 Owner: City of Wylie,Texas Pay Request No. 11&Final Project: Alanis Drive Paving,Drainage&Waterline Improvements Contract Date: March 22,2005 (From S.H.78 East to South Ballard Avenue) Original Contract Amount: $ 3,863,384.66 From: 26-Feb-06 To: 26-Feb-06 Revised Contract Amount: $ 3,841,130.69 Project Start Date: 15-Apr-2005 Contractor: Site Concrete,Inc. Est.Completion Date: 28-Jan-2006 Cal.Days 3340 Roy Orr Blvd. No Later Than: 28-Jan-2006 Grand Prairie,Dallas 75050 Allotted: 289 Used: 318 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount BASE BID 1 Right-of-Way,Clearing&Grubbing Sta. 61.6 0 0 61.6 $2,850.00 $ 175,560.00 2 Remove Reinforced Concrete Pavement Final S.Y. 2,239 2,309 70.0 2,309.0 $6.75 $ 15,585.75 3 Remove Asphaltic Concrete Pavement S.Y. 509 0 0 509.0 $6.75 $ 3,435.75 4 Cement Treated Base S.Y. 2,384 0 0 2,384.0 $18.00 $ 42,912.00 5 Metal Beam Guard Fence L.F. 250 0 0 250.0 $30.00 $ 7,500.00 6 Guardrail Extruder Terminal co#3 Ea. 2 3 1 3.0 $675.00 $ 2,025.00 7 Concrete Traffic Barrier L.F. 820 0 0 820.0 $47.50 $ 38,950.00 8 3-Strand Barbed Wire Fence L.F. 868 0 0 868.0 $3.00 $ 2,604.00 9 Remove 3-Strand Barbed Wire Fence L.F. 555 0 0 555.0 $2.00 $ 1,110.00 10 Remove&Replace 3-Strand Barbed Wire Fence L.F. 1,832 0 0 1,832.0 $5.00 $ 9,160.00 11 Wood Rail Fence Final L.F. 27 0 0 0.0 $100.00 $ - 12 Chain Link Security Fence L.F. 1,572 0 0 1,572.0 $18.00 $ 28,296.00 13 24-ft Wide Security Gate Final Ea. 2 4 0 4.0 $2,778.30 $ 11,113.20 14 Aluminum Signs(Type"A") S.F. 213.5 0 0 213.5 $11.25 $ 2,401.88 15 Roadside Sign(Type A-Mount) Ea. 29 0 0 29.0 $307.25 $ 8,910.25 16 Roadside Sign(Type A-Rotating) Ea. 2 0 0 2.0 $523.25 $ 1,046.50 17 Temporary 6"Flexible Base Pavement S.Y. 9,322 0 0 9,322.0 $7.94 $ 74,016.68 18 18"Reinforced Concrete Pipe(Class III) Final L.F. 1,299 1,314 15 1,314.0 $30.00 $ 39,420.00 19 21"Reinforced Concrete Pipe(Class III) L.F. 64 0 0 64.0 $39.00 $ 2,496.00 20 24"Reinforced Concrete Pipe(Class III) L.F. 769 0 0 769.0 $39.00 $ 29,991.00 21 27"Reinforced Concrete Pipe(Class III) L.F. 624 0 0 624.0 $43.00 $ 26,832.00 22 30"Reinforced Concrete Pipe(Class III) L.F. 1,446 0 0 1,446.0 $49.00 $ 70,854.00 23 36"Reinforced Concrete Pipe(Class III) L.F. 807 0 0 807.0 $63.00 $ 50,841.00 24 42"Reinforced Concrete Pipe(Class III) L.F. 634 0 0 634.0 $82.00 $ 51,988.00 25 3-10'x 8'Reinf.Concrete Box Culverts L.F. 131 0 0 131.0 $1,069.20 $ 140,065.20 26 Modified Parallel Wingwalls w/Apron Ea. 2 0 0 2.0 $27,540.00 $ 55,080.00 27 8-ft.Recessed Curb Inlet Final Ea. 7 4 0 4.0 $2,322.00 $ 9,288.00 28 10-ft.Recessed Curb Inlet Final Ea. 9 5 0 5.0 $2,538.00 $ 12,690.00 29 12-ft.Recessed Curb Inlet Final Ea. 11 7 0 7.0 $2,700.00 $ 18,900.00 30 14-ft.Recessed Curb Inlet Final Ea. 8 4 0 4.0 $2,970.00 $ 11,880.00 31 16-ft.Recessed Curb Inlet Final Ea. 1 2 0 2.0 $3,402.00 $ 6,804.00 32 20-ft.Recessed Curb Inlet Final Ea. 6 3 0 3.0 $5,076.00 $ 15,228.00 J:\Wylie\2001-I 17\Pay Request\Pay-Req\I I&Final . MONTHLY PAY REQUEST Page 2 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 33 Standard Drop Inlet Ea. 1 0 0 1.0 $1,620.00 $ 1,620.00 34 18"Sloped Reinforced Concrete Pipe Final Ea. 2 0 0 0.0 $1,080.00 $ - 35 Type"A"Storm Sewer Manhole Ea. 5 0 0 5.0 $2,808.00 $ 14,040.00 36 Type"C"Sloping Headwall C.Y. 6 0 0 6.0 $270.00 $ 1,620.00 37 2"PVC Conduit(Lighting)(Buried) L.F. 420 0 0 420.0 $4.15 $ 1,743.00 38 2"PVC Conduit(Signal)(Buried) Final L.F. 470 481 11 481.0 $4.15 $ 1,996.15 39 4"PVC Conduit(Lighting)(Buried) L.F. 420 0 310 420.0 $6.25 $ 2,625.00 40 4"PVC Conduit(Signal)(Buried) Final L.F. 470 481 11 481.0 $6.25 $ 3,006.25 41 2"Rigid Alum.Conduit(Lighting)(Structure) L.F. 1,040 0 0 1,040.0 $9.75 $ 10,140.00 42 Ground Pull Box(Electrical) Final Ea. 26 18 0 18.0 $378.00 $ 6,804.00 43 TxDOT Type"C"Pull Box(Signal) Ea. 9 0 0 9.0 $415.80 $ 3,742.20 44 Retaining Wall at State Highway 78 L.S. 1 0 0% 100% $21,600.00 $ 21,600.00 45 Sediment Control Fence L.F. 15,570 0 0 15,570.0 $1.25 $ 19,462.50 46 Remove Sediment Control Fence L.F. 15,570 0 0 15,570.0 $0.25 $ 3,892.50 47 Rock Filter Dams(Type 1) Final L.F. 40 0 0 0.0 $35.00 $ - 48 Rock Filter Dams(Type 1)(Remove) Final L.F. 40 0 0 0.0 $25.00 $ - 49 Entrance/Exit(Type 2) Final S.Y. 53 0 0 0.0 $25.00 $ - 50 Entrance/Exit(Type 2)(Remove) Final S.Y. 53 0 0 0.0 $15.00 $ - 51 Trench Safety Systems L.F. 5,774 0 0 5,774.0 $1.00 $ 5,774.00 52 Drilled Shafts(18") L.F. 110 0 0 110.0 $42.15 $ 4,636.50 53 Drilled Shafts(36") Final L.F. 772 783 0 783.0 $95.05 $ 74,424.15 54 Formed Drilled Shafts(36") Final L.F. 20 9 0 9.0 $108.00 $ 972.00 55 Class"C"Concrete(Abutment) C.Y. 97 0 0 97.0 $561.60 $ 54,475.20 56 Class"C"Concrete(Bent) C.Y. 94 0 0 94.0 $561.60 $ 52,790.40 57 Bridge Reinforced Concrete Slab S.F. 23,972 0 0 23,972.0 $14.05 $ 336,806.60 58 Prestressed Concrete Beam(Type IV) L.F. 3,750 0 0 3,750.0 $118.80 $ 445,500.00 59 Concrete Surface Treatment S.Y. 2,442 0 0 2,442.0 $2.15 $ 5,250.30 60 Rip Rap(Concrete,Class"B")(5")(RR8) C.Y. 230 0 0 230.0 $259.20 $ 59,616.00 61 Traffic Rail(Galvanized Steel)(Bridge) L.F. 509 0 0 509.0 $69.15 $ 35,197.35 62 Traffic Rail(MOD)(Galv.Steel)(Bridge) L.F. 517 0 0 517.0 $69.15 $ 35,750.55 63 Traffic Rail(Galv.Steel)(Culvert)(Ret.Wall) L.F. 300 0 0 300.0 $69.15 $ 20,745.00 64 Steel Pedestrian Railing L.F. 507 0 0 507.0 $88.55 $ 44,894.85 65 Sealed Expansion Joint(SEJ-A)(4") L.F. 145 0 0 145.0 $75.60 $ 10,962.00 66 Structural Approach Slab(Class"C")(10") C.Y. 92 0 0 92.0 $259.20 $ 23,846.40 67 Adjust Water Meter Manhole Frame&Cover Ea. 1 0 0 1.0 $750.00 $ 750.00 68 Adjust Sani.Sewer Manhole Frame&Cover Final Ea. 6 7 1 7.0 $1,000.00 $ 7,000.00 69 Adjust Water Valve Box Ea. 3 0 0 3.0 $500.00 $ 1,500.00 70 Relocate Water Valve&Hose Bibb Ea. 1 0 0 1.0 $500.00 $ 500.00 71 Remove Small Drainage Structures(24"or Less) Ea. 11 0 0 11.0 $750.00 $ 8,250.00 72 Glen Knolls Signs&Planter Boxes Final L.S. 1 25% 0% 25% $2,000.00 $ 500.00 73 Barricades,Signs&Traffic Handling Final Mos. 10 8 0 8.0 $2,500.00 $ 20,000.00 74 Project Sign Ea. 2 0 0 2.0 $550.00 $ 1,100.00 75 2"PVC-Trenched Final L.F. 70 114 0 114.0 $4.15 $ 473.10 1:\Wylie\2001-I 17\Pay Request\Pay-Req\1 I&Final MONTHLY PAY REQUEST Page 3 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 76 3"PVC-Trenched Final L.F. 215 435 0 435.0 $6.15 $ 2,675.25 77 3"PVC-Bored Final L.F. 195 205 10 205.0 $18.35 $ 3,761.75 78 1C#6 AWG(BARE) Final L.F. 480 610 0 610.0 $0.50 $ 305.00 79 1C#8 XHHW L.F. 740 0 0 740.0 $0.60 $ 444.00 80 1C#6 XHHW L.F. 200 0 0 200.0 $0.80 $ 160.00 81 Ground Boxes Type C w/Apron Ea. 7 0 0 7.0 $415.80 $ 2,910.60 82 Electrical Service TY D Ea. 1 0 0 1.0 $3,780.00 $ 3,780.00 83 Type 30-A Drilled Shaft Foundation L.F. 22 0 0 22.0 $118.80 $ 2,613.60 84 Type 36-A Drilled Shaft Foundation L.F. 26 0 0 26.0 $129.60 $ 3,369.60 85 Traffic Signal Controller Foundation Ea. 1 0 0 1.0 $1,404.00 $ 1,404.00 86 Type I Solid White Markings(24") L.F. 124 0 0 124.0 $3.80 $ 471.20 87 Type II Solid White Markings(24") L.F. 124 0 0 124.0 $0.30 $ 37.20 88 Eliminate Existing Pavement Markings(4") Final L.F. 144 0 0 0.0 $1.05 $ - 89 Pavement Marking Surface Prep.(24") L.F. 124 0 0 124.0 $0.25 $ 31.00 90 Install Highway Traffic Signals Ea. 1 0 0 1.0 $17,280.00 $ 17,280.00 91 Vehicle Signal Section(12") Ea. 36 0 0 36.0 $140.40 $ 5,054.40 92 Back Plates(12")-3 Section Ea. 6 0 0 6.0 $65.90 $ 395.40 93 Back Plates(12")-4 Section Ea. 2 0 0 2.0 $69.15 $ 138.30 94 Back Plates(12")-5 Section Ea. 2 0 0 2.0 $77.75 $ 155.50 95 7C# 14 AWG L.F. 232 0 0 232.0 $1.75 $ 406.00 96 5C#14 AWG L.F. 907 0 0 907.0 $1.05 $ 952.35 97 16C#14 AWG L.F. 760 0 0 760.0 $2.40 $ 1,824.00 98 Traffic Signal Pole w/28'Mast Arm Ea. 1 0 0 1.0 $4,860.00 $ 4,860.00 99 Traffic Signal Pole w/32'Mast Arm Ea. 1 0 0 1.0 $5,184.00 $ 5,184.00 100 Traffic Signal Pole w/48'Mast Arm Ea. 2 0 0 2.0 $6,696.00 $ 13,392.00 101 12"LED Traffic Signal Lamp(Red) Ea. 10 0 0 10.0 $79.95 $ 799.50 102 12"LED Traffic Signal Lamp(Yellow) Ea. 10 0 0 10.0 $91.80 $ 918.00 103 12"LED Traffic Signal Lamp(Green) Ea. 10 0 0 10.0 $162.00 $ 1,620.00 104 12"LED Traffic Signal Lamp(Yellow Arrow) Ea. 2 0 0 2.0 $86.40 $ 172.80 105 12"LED Traffic Signal Lamp(Green Arrow) Ea. 4 0 0 4.0 $124.20 $ 496.80 106 Secondary Spread Spectrum Radio Ea. 1 0 0 1.0 $3,456.00 $ 3,456.00 107 Yagi SSR Antenna&Mounting Brackets Ea. 1 0 0 1.0 $378.00 $ 378.00 108 SSR Cable Final L.F. 120 222 102 222.0 $1.65 $ 366.30 109 VIVDS System Ea. 1 0 0 1.0 $2,187.00 $ 2,187.00 110 VIVDS Coaxial Cable(6 Pair 18 Gauge) Final L.F. 1,436 2,060 624 2,060.0 $1.65 $ 3,399.00 111 Remove&Dispose of Tires co#2 Ea. 0 880 0 880.0 $2.50 $ 2,200.00 112 Remove&Dispose of Waste Material co#2 Trk. 0 2 0 2.0 $280.00 $ 560.00 113 Remove$Salvage Existing Quadguard Co#3 L.S. 0 1 0 1.0 $1,100.00 $ 1,100.00 114 Remove Exist.Traffic Rail&Wingwall co#3 L.S. 0 1 0 1.0 $2,955.00 $ 2,955.00 115 Construct C201 or C221 Rail on 30'Radius co#3 L.S. 0 1 0 1.0 $9,032.00 $ 9,032.00 Subtotal: Base Bid $ 2,412,235.76 1:\W ylie\2001-117\Pay Request\Pay-Req\I I&Final MONTHLY PAY REQUEST Page 4 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount ALTERNATE 2 (36-Foot Pavement) 201-A Unclassified Street&Channel Excavation C.Y. 24,104 0 0 24,104.0 $3.50 $ 84,364.00 202-A Embankment Material C.Y. 36,221 0 0 36,221.0 $3.50 $ 126,773.50 203-A Topsoil(4") S.Y. 35,520 0 0 35,520.0 $0.85 $ 30,192.00 204-A Soil Retention Blanket Final S.Y. 22,769 21,547 0 21,547.0 $1.00 $ 21,547.00 205-A Block Sod S.Y. 15,906 0 0 15,906.0 $2.75 $ 43,741.50 206-A Lime Treated Subgrade co#3 S.Y. 28,245 27,474.3 73.5 27,474.3 $1.65 $ 45,332.60 207-A Hydrated Lime(@ 36#/S.Y.) co#3 Tons 508.4 494.7 1.3 494.7 $95.00 $ 46,998.69 208-A 8"Reinforced Concrete Pavement co#3 S.Y. 25,680 25,847.2 70.2 25,847.2 $29.00 $ 749,568.80 209-A 6"Non-Reinforced Conc.Median Pavement Final S.Y. 1,065 0 27 1,092.1 $27.50 $ 30,032.75 210-A 6"Monolithic Concrete Curb L.F. 10,920 0 0 10,920.0 $1.50 $ 16,380.00 21 I-A Reinforced Concrete Street Header L.F. 182 0 0 182.0 $10.00 $ 1,820.00 212-A Reinforced Concrete Driveway Final S.Y. 710 697.7 ? 1 697.7 $38.00 $ 26,512.60 213-A 8"HMAC Transition Pavement S.Y. 333 0 0 333.0 $33.00 $ 10,989.00 214-A Temporary 6"HMAC Pavement Final S.Y. 223 23 0 23.0 $25.00 $ 575.00 215-A Barrel Mounted Metal Beam Guard Fence L.F. 36 0 36 36.0 $30.00 $ 1,080.00 216-A Broken White Line Traffic Buttons L.F. 6,080 0 0 6,080.0 $0.50 $ 3,040.00 217-A White Edge Line Traffic Buttons L.F. 1,612 0 0 1,612.0 $0.50 $ 806.00 218-A Yellow Edge Line Traffic Buttons L.F. 580 0 0 580.0 $0.50 $ 290.00 219-A Double Yellow Line Traffic Buttons L.F. 6,156 0 0 6,156.0 $1.00 $ 6,156.00 220-A Double White Line Traffic Buttons L.F. 1,026 0 0 108.0 $1.00 $ 108.00 221-A White Directional Arrow Pvmt.Markings L.S. 1 0 0% 100% $350.00 $ 350.00 DEDUCT: 36-Foot Pavement(CRCP) L.S. 1 0 1.6% 100.0% ? ;I,I i $ (51,360.00) Subtotal: Alternate 2 $ 1,195,297.43 1:\W ylie\2001-1 17\Pay Request\Pay-Req\I I&Final MONTHLY PAY REQUEST Page 5 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 1 ALTERNATE 3 (12"Water Line) 301-A 12"PVC Water Line w/Std Embedment L.F. 3,850 0 0 3,850.0 $24.00 $ 92,400.00 302-A 12"PVC Water Line w/Conc.Encasement L.F. 70 0 0 70.0 $55.00 $ 3,850.00 303-A 8"PVC Water Line w/Std Embedment L.F. 726 0 0 726.0 $20.00 $ 14,520.00 304-A 8"PVC Water Line w/Conc.Encasement L.F. 20 0 0 20.0 $48.00 $ 960.00 305-A 6"PVC Water Line w/Std Embedment L.F. 41 0 0 41.0 $18.00 $ 738.00 306-A 12"Gate Valve Ea. 12 0 0 12.0 $2,750.00 $ 33,000.00 307-A 8"Gate Valve Ea. 13 0 0 13.0 $875.00 $ 11,375.00 308-A 6"Gate Valve Ea. 14 0 0 14.0 $775.00 $ 10,850.00 309-A Std Fire Hydrant Assembly Ea. 9 0 0 9.0 $2,200.00 $ 19,800.00 310-A Salvage Existing Fire Hydrant Ea. 3 0 0 3.0 $1,000.00 $ 3,000.00 311-A Blow-Off Valve Assembly Ea. 1 0 0 1.0 $2,750.00 $ 2,750.00 312-A Connect to Existing Water Line Ea. 2 0 0 2.0 $650.00 $ 1,300.00 313-A Transfer Existing Water Service Ea. 13 0 0 13.0 $1,000.00 $ 13,000.00 314-A Remove&Replace Water Meter w/6" co#1 L.S. 0 1 0 1.0 $26,975.50 $ 26,975.50 Subtotal: Alternate 3 $ 234,518.50 MISCELLANEOUS Deduct Additional Testing on Storm Sewer Realignment $ (921.00) Subtotal: Miscellaneous $ (921.00) Prepared and Submitted by: BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Consulting Engineers,Dallas,Texas Total Amount $ 3,841,130.69 By: a(, - Less Amount Retained 0% $ - oe R.Carter,P.E. 'Date: 6-Jul-2006 Total Amount Payable $ 3,841,130.69 Approved for Owner By: Less Previous Payments $ 3,641,541.94 Date: Amount Due This Request $ 199,588.75 l:\W ylie\2001-1 17\Pay Request\Pay-Req\11&.Final MONTHLY PAY REQUEST Page 1 of 5 Owner: City of Wylie,Texas Pay Request No. 11&Final Project: Alanis Drive Paving,Drainage&Waterline Improvements Contract Date: March 22,2005 (From S.H.78 East to South Ballard Avenue) Original Contract Amount: $ 3,863,384.66 From: 26-Feb-06 To: 26-Feb-06 Revised Contract Amount: $ 3,841,130.69 Project Start Date: 15-Apr-2005 Contractor: Site Concrete,Inc. Est.Completion Date: 28-Jan-2006 Cal. Days 3340 Roy On Blvd. No Later Than: 28-Jan-2006 Grand Prairie,Dallas 75050 Allotted: 289 Used: 318 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount BASE BID 1 Right-of-Way,Clearing&Grubbing Sta. 61.6 0 0 61.6 $2,850.00 $ 175,560.00 2 Remove Reinforced Concrete Pavement Final S.Y. 2,239 2,309 70.0 2,309.0 $6.75 $ 15,585.75 3 Remove Asphaltic Concrete Pavement S.Y. 509 0 0 509.0 $6.75 $ 3,435.75 4 Cement Treated Base S.Y. 2,384 0 0 2,384.0 $18.00 $ 42,912.00 5 Metal Beam Guard Fence L.F. 250 0 0 250.0 $30.00 $ 7,500.00 6 Guardrail Extruder Terminal Co#3 Ea. 2 3 1 3.0 $675.00 $ 2,025.00 7 Concrete Traffic Barrier L.F. 820 0 0 820.0 $47.50 $ 38,950.00 8 3-Strand Barbed Wire Fence L.F. 868 0 0 868.0 $3.00 $ 2,604.00 9 Remove 3-Strand Barbed Wire Fence L.F. 555 0 0 555.0 $2.00 $ 1,110.00 10 Remove&Replace 3-Strand Barbed Wire Fence L.F. 1,832 0 0 1,832.0 $5.00 $ 9,160.00 11 Wood Rail Fence Final L.F. 27 0 0 0.0 $100.00 $ - 12 Chain Link Security Fence L.F. 1,572 0 0 1,572.0 $18.00 $ 28,296.00 13 24-ft Wide Security Gate Final Ea. 2 4 0 4.0 $2,778.30 $ 11,113.20 14 Aluminum Signs(Type"A") S.F. 213.5 0 0 213.5 $11.25 $ 2,401.88 15 Roadside Sign(Type A-Mount) Ea. 29 0 0 29.0 $307.25 $ 8,910.25 16 Roadside Sign(Type A-Rotating) Ea. 2 0 0 2.0 $523.25 $ 1,046.50 17 Temporary 6"Flexible Base Pavement S.Y. 9,322 0 0 9,322.0 $7.94 $ 74,016.68 18 18"Reinforced Concrete Pipe(Class III) Final L.F. 1,299 1,314 15 1,314.0 $30.00 $ 39,420.00 19 21"Reinforced Concrete Pipe(Class III) L.F. 64 0 0 64.0 $39.00 $ 2,496.00 20 24"Reinforced Concrete Pipe(Class III) L.F. 769 0 0 769.0 $39.00 $ 29,991.00 21 27"Reinforced Concrete Pipe(Class III) L.F. 624 0 0 624.0 $43.00 $ 26,832.00 22 30"Reinforced Concrete Pipe(Class III) L.F. 1,446 0 0 1,446.0 $49.00 $ 70,854.00 23 36"Reinforced Concrete Pipe(Class III) L.F. 807 0 0 807.0 $63.00 $ 50,841.00 24 42"Reinforced Concrete Pipe(Class III) L.F. 634 0 0 634.0 $82.00 $ 51,988.00 25 3-10'x 8'Reinf.Concrete Box Culverts L.F. 131 0 0 131.0 $1,069.20 $ 140,065.20 26 Modified Parallel Wingwalls w/Apron Ea. 2 0 0 2.0 $27,540.00 $ 55,080.00 27 8-ft.Recessed Curb Inlet Final Ea. 7 4 0 4.0 $2,322.00 $ 9,288.00 28 10-ft.Recessed Curb Inlet Final Ea. 9 5 0 5.0 $2,538.00 $ 12,690.00 29 12-ft.Recessed Curb Inlet Final Ea. 11 7 0 7.0 $2,700.00 $ 18,900.00 30 14-ft.Recessed Curb Inlet Final Ea. 8 4 0 4.0 $2,970.00 $ 11,880.00 31 16-ft.Recessed Curb Inlet Final Ea. 1 2 0 2.0 $3,402.00 $ 6,804.00 32 20-ft.Recessed Curb Inlet Final Ea. 6 3 0 3.0 $5,076.00 $ 15,228.00 J:\W yli e\2001-1 17\Pay Request\Pay-Req\I I&Final MONTHLY PAY REQUEST Page 2 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 33 Standard Drop Inlet Ea. 1 0 0 1.0 $1,620.00 $ 1,620.00 34 18"Sloped Reinforced Concrete Pipe Final Ea. 2 0 0 0.0 $1,080.00 $ - 35 Type"A"Storm Sewer Manhole Ea. 5 0 0 5.0 $2,808.00 $ 14,040.00 36 Type"C"Sloping Headwall C.Y. 6 0 0 6.0 $270.00 $ 1,620.00 37 2"PVC Conduit(Lighting)(Buried) L.F. 420 0 0 420.0 $4.15 $ 1,743.00 38 2"PVC Conduit(Signal)(Buried) Final L.F. 470 481 11 481.0 $4.15 $ 1,996.15 39 4"PVC Conduit(Lighting)(Buried) L.F. 420 0 310 420.0 $6.25 $ 2,625.00 40 4"PVC Conduit(Signal)(Buried) Final L.F. 470 481 11 481.0 $6.25 $ 3,006.25 41 2"Rigid Alum.Conduit(Lighting)(Structure) L.F. 1,040 0 0 1,040.0 $9.75 $ 10,140.00 42 Ground Pull Box(Electrical) Final Ea. 26 18 0 18.0 $378.00 $ 6,804.00 43 TxDOT Type"C"Pull Box(Signal) Ea. 9 0 0 9.0 $415.80 $ 3,742.20 44 Retaining Wall at State Highway 78 L.S. 1 0 0% 100% $21,600.00 $ 21,600.00 45 Sediment Control Fence L.F. 15,570 0 0 15,570.0 $1.25 $ 19,462.50 46 Remove Sediment Control Fence L.F. 15,570 0 0 15,570.0 $0.25 $ 3,892.50 47 Rock Filter Dams(Type 1) Final L.F. 40 0 0 0.0 $35.00 $ - 48 Rock Filter Dams(Type 1)(Remove) Final L.F. 40 0 0 0.0 $25.00 $ - 49 Entrance/Exit(Type 2) Final S.Y. 53 0 0 0.0 $25.00 $ - 50 Entrance/Exit(Type 2)(Remove) Final S.Y. 53 0 0 0.0 $15.00 $ - 51 Trench Safety Systems L.F. 5,774 0 0 5,774.0 $1.00 $ 5,774.00 52 Drilled Shafts(18") L.F. 110 0 0 110.0 $42.15 $ 4,636.50 53 Drilled Shafts(36") Final L.F. 772 783 0 783.0 $95.05 $ 74,424.15 54 Formed Drilled Shafts(36") Final L.F. 20 9 0 9.0 $108.00 $ 972.00 55 Class"C"Concrete(Abutment) C.Y. 97 0 0 97.0 $561.60 $ 54,475.20 56 Class"C"Concrete(Bent) C.Y. 94 0 0 94.0 $561.60 $ 52,790.40 57 Bridge Reinforced Concrete Slab S.F. 23,972 0 0 23,972.0 $14.05 $ 336,806.60 58 Prestressed Concrete Beam(Type IV) L.F. 3,750 0 0 3,750.0 $118.80 $ 445,500.00 59 Concrete Surface Treatment S.Y. 2,442 0 0 2,442.0 $2.15 $ 5,250.30 60 Rip Rap(Concrete,Class"B")(5")(RR8) C.Y. 230 0 0 230.0 $259.20 $ 59,616.00 61 Traffic Rail(Galvanized Steel)(Bridge) L.F. 509 0 0 509.0 $69.15 $ 35,197.35 62 Traffic Rail(MOD)(Galv.Steel)(Bridge) L.F. 517 0 0 517.0 $69.15 $ 35,750.55 63 Traffic Rail(Galv.Steel)(Culvert)(Ret.Wall) L.F. 300 0 0 300.0 $69.15 $ 20,745.00 64 Steel Pedestrian Railing L.F. 507 0 0 507.0 $88.55 $ 44,894.85 65 Sealed Expansion Joint(SEJ-A)(4") L.F. 145 0 0 145.0 $75.60 $ 10,962.00 66 Structural Approach Slab(Class"C")(10") C.Y. 92 0 0 92.0 $259.20 $ 23,846.40 67 Adjust Water Meter Manhole Frame&Cover Ea. 1 0 0 1.0 $750.00 $ 750.00 68 Adjust Sani.Sewer Manhole Frame&Cover Final Ea. 6 7 1 7.0 $1,000.00 $ 7,000.00 69 Adjust Water Valve Box Ea. 3 0 0 3.0 $500.00 $ 1,500.00 70 Relocate Water Valve&Hose Bibb Ea. 1 0 0 1.0 $500.00 $ 500.00 71 Remove Small Drainage Structures(24"or Less) Ea. 11 0 0 11.0 $750.00 $ 8,250.00 72 Glen Knolls Signs&Planter Boxes Final L.S. 1 25% 0% 25% $2,000.00 $ 500.00 73 Barricades,Signs&Traffic Handling Final Mos. 10 8 0 8.0 $2,500.00 $ 20,000.00 74 Project Sign Ea. 2 0 0 2.0 $550.00 $ 1,100.00 75 2"PVC-Trenched Final L.F. 70 114 0 114.0 $4.15 $ 473.10 J:\Wylie\2001-I 17\Pay Request\Pay-Req\1 I&Final MONTHLY PAY REQUEST Page 3 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 76 3"PVC-Trenched Final L.F. 215 435 0 435.0 $6.15 $ 2,675.25 77 3"PVC-Bored Final L.F. 195 205 10 205.0 $18.35 $ 3,761.75 78 1C#6 AWG(BARE) Final L.F. 480 610 0 610.0 $0.50 $ 305.00 79 1C#8 XHHW L.F. 740 0 0 740.0 $0.60 $ 444.00 80 1C#6 XHHW L.F. 200 0 0 200.0 $0.80 $ 160.00 81 Ground Boxes Type C w/Apron Ea. 7 0 0 7.0 $415.80 $ 2,910.60 82 Electrical Service TY D Ea. 1 0 0 1.0 $3,780.00 $ 3,780.00 83 Type 30-A Drilled Shaft Foundation L.F. 22 0 0 22.0 $118.80 $ 2,613.60 84 Type 36-A Drilled Shaft Foundation L.F. 26 0 0 26.0 $129.60 $ 3,369.60 85 Traffic Signal Controller Foundation Ea. 1 0 0 1.0 $1,404.00 $ 1,404.00 86 Type I Solid White Markings(24") L.F. 124 0 0 124.0 $3.80 $ 471.20 87 Type II Solid White Markings(24") L.F. 124 0 0 124.0 $0.30 $ 37.20 88 Eliminate Existing Pavement Markings(4") Final L.F. 144 0 0 0.0 $1.05 $ - 89 Pavement Marking Surface Prep.(24") L.F. 124 0 0 124.0 $0.25 $ 31.00 90 Install Highway Traffic Signals Ea. 1 0 0 1.0 $17,280.00 $ 17,280.00 91 Vehicle Signal Section(12") Ea. 36 0 0 36.0 $140.40 $ 5,054.40 92 Back Plates(12")-3 Section Ea. 6 0 0 6.0 $65.90 $ 395.40 93 Back Plates(12")-4 Section Ea. 2 0 0 2.0 $69.15 $ 138.30 94 Back Plates(12")-5 Section Ea. 2 0 0 2.0 $77.75 $ 155.50 95 7C# 14 AWG L.F. 232 0 0 232.0 $1.75 $ 406.00 96 5C#14 AWG L.F. 907 0 0 907.0 $1.05 $ 952.35 97 16C#14 AWG L.F. 760 0 0 760.0 $2.40 $ 1,824.00 98 Traffic Signal Pole w/28'Mast Arm Ea. 1 0 0 1.0 $4,860.00 $ 4,860.00 99 Traffic Signal Pole w/32'Mast Arm Ea. 1 0 0 1.0 $5,184.00 $ 5,184.00 100 Traffic Signal Pole w/48'Mast Arm Ea. 2 0 0 2.0 $6,696.00 $ 13,392.00 101 12"LED Traffic Signal Lamp(Red) Ea. 10 0 0 10.0 $79.95 $ 799.50 102 12"LED Traffic Signal Lamp(Yellow) Ea. 10 0 0 10.0 $91.80 $ 918.00 103 12"LED Traffic Signal Lamp(Green) Ea. 10 0 0 10.0 $162.00 $ 1,620.00 104 12"LED Traffic Signal Lamp(Yellow Arrow) Ea. 2 0 0 2.0 $86.40 $ 172.80 105 12"LED Traffic Signal Lamp(Green Arrow) Ea. 4 0 0 4.0 $124.20 $ 496.80 106 Secondary Spread Spectrum Radio Ea. 1 0 0 1.0 $3,456.00 $ 3,456.00 107 Yagi SSR Antenna&Mounting Brackets Ea. 1 0 0 1.0 $378.00 $ 378.00 108 SSR Cable Final L.F. 120 222 102 222.0 $1.65 $ 366.30 109 VIVDS System Ea. 1 0 0 1.0 $2,187.00 $ 2,187.00 110 VIVDS Coaxial Cable(6 Pair 18 Gauge) Final L.F. 1,436 2,060 624 2,060.0 $1.65 $ 3,399.00 111 Remove&Dispose of Tires Co#2 Ea. 0 880 0 880.0 $2.50 $ 2,200.00 112 Remove&Dispose of Waste Material Co#2 Trk. 0 2 0 2.0 $280.00 $ 560.00 113 Remove$Salvage Existing Quadguard Co#3 L.S. 0 1 0 1.0 $1,100.00 $ 1,100.00 114 Remove Exist.Traffic Rail&Wingwall Co#3 L.S. 0 1 0 1.0 $2,955.00 $ 2,955.00 115 Construct C201 or C221 Rail on 30'Radius Co#3 L.S. 0 1 0 1.0 $9,032.00 $ 9,032.00 Subtotal: Base Bid $ 2,412,235.76 J:\Wylie\2001-117Way Request\Pay-Req\I l&Final MONTHLY PAY REQUEST Page 4 of 5 Quantity Quantity Complete Total i. Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount ti ALTERNATE 2 (36-Foot Pavement) 201-A Unclassified Street&Channel Excavation C.Y. 24,104 0 0 24,104.0 $3.50 $ 84,364.00 202-A Embankment Material C.Y. 36,221 0 0 36,221.0 $3.50 $ 126,773.50 203-A Topsoil(4") S.Y. 35,520 0 0 35,520.0 $0.85 $ 30,192.00 204-A Soil Retention Blanket Final S.Y. 22,769 21,547 0 21,547.0 $1.00 $ 21,547.00 205-A Block Sod S.Y. 15,906 0 0 15,906.0 $2.75 $ 43,741.50 206-A Lime Treated Subgrade co#3 S.Y. 28,245 27,474.3 73.5 27,474.3 $1.65 $ 45,332.60 207-A Hydrated Lime(@ 36#/S.Y.) co#3 Tons 508.4 494.7 1.3 494.7 $95.00 $ 46,998.69 208-A 8"Reinforced Concrete Pavement co#3 S.Y. 25,680 25,847.2 70.2 25,847.2 $29.00 $ 749,568.80 209-A 6"Non-Reinforced Conc.Median Pavement Final S.Y. 1,065 0 27 1,092.1 $27.50 $ 30,032.75 210-A 6"Monolithic Concrete Curb L.F. 10,920 0 0 10,920.0 $1.50 $ 16,380.00 211-A Reinforced Concrete Street Header L.F. 182 0 0 182.0 $10.00 $ 1,820.00 :212-A Reinforced Concrete Driveway Final S.Y. 710 697.7 t. _..w w 697.7 $38.00 $ 26,512.60 213-A 8"HMAC Transition Pavement S.Y. 333 0 0 333.0 $33.00 $ 10,989.00 214-A Temporary 6"HMAC Pavement Final S.Y. 223 23 0 23.0 $25.00 $ 575.00 215-A Barrel Mounted Metal Beam Guard Fence L.F. 36 0 36 36.0 $30.00 $ 1,080.00 216-A Broken White Line Traffic Buttons L.F. 6,080 0 0 6,080.0 $0.50 $ 3,040.00 217-A White Edge Line Traffic Buttons L.F. 1,612 0 0 1,612.0 $0.50 $ 806.00 218-A Yellow Edge Line Traffic Buttons L.F. 580 0 0 580.0 $0.50 $ 290.00 219-A Double Yellow Line Traffic Buttons L.F. 6,156 0 0 6,156.0 $1.00 $ 6,156.00 220-A Double White Line Traffic Buttons L.F. 1,026 0 0 108.0 $1.00 $ 108.00 221-A White Directional Arrow Pvmt.Markings L.S. 1 0 0% 100% $350.00 $ 350.00 DEDUCT: 36-Foot Pavement(CRCP) L.S. 1 0 1.6% 100.0% -;,31r, i $ (51,360.00) Subtotal: Alternate 2 $ 1,195,297.43 J:\Wylie\2001-1 17\Pay Requesl\Pay-Req\I1&Final - MONTHLY PAY REQUEST Page 5 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount ALTERNATE 3 (12"Water Line) 301-A 12"PVC Water Line w/Std Embedment L.F. 3,850 0 0 3,850.0 $24.00 $ 92,400.00 302-A 12"PVC Water Line w/Conc.Encasement L.F. 70 0 0 70.0 $55.00 $ 3,850.00 303-A 8"PVC Water Line w/Std Embedment L.F. 726 0 0 726.0 $20.00 $ 14,520.00 304-A 8"PVC Water Line w/Conc.Encasement L.F. 20 0 0 20.0 $48.00 $ 960.00 305-A 6"PVC Water Line w/Std Embedment L.F. 41 0 0 41.0 $18.00 $ 738.00 306-A 12"Gate Valve Ea. 12 0 0 12.0 $2,750.00 $ 33,000.00 .307-A 8"Gate Valve Ea. 13 0 0 13.0 $875.00 $ 11,375.00 308-A 6"Gate Valve Ea. 14 0 0 14.0 $775.00 $ 10,850.00 309-A Std Fire Hydrant Assembly Ea. 9 0 0 9.0 $2,200.00 $ 19,800.00 310-A Salvage Existing Fire Hydrant Ea. 3 0 0 3.0 $1,000.00 $ 3,000.00 311-A Blow-Off Valve Assembly Ea. 1 0 0 1.0 $2,750.00 $ 2,750.00 312-A Connect to Existing Water Line Ea. 2 0 0 2.0 $650.00 $ 1,300.00 313-A Transfer Existing Water Service Ea. 13 0 0 13.0 $1,000.00 $ 13,000.00 314-A Remove&Replace Water Meter w/6" Co#t L.S. 0 1 0 1.0 $26,975.50 $ 26,975.50 Subtotal: Alternate 3 $ 234,518.50 MISCELLANEOUS Deduct Additional Testing on Storm Sewer Realignment $ (921.00) Subtotal: Miscellaneous $ (921.00) Prepared and Submitted by: BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Consulting Engineers,Dallas,Texas Total Amount $ 3,841,130.69 By: CLess Amount Retained 0% $ - Joe R. arter,P.E. Date: 6-Jul-2006 Total Amount Payable $ 3,841,130.69 Approved for Owner By: Less Previous Payments $ 3,641,541.94 Date: Amount Due This Request $ 199,588.75 1:\Wylie\2001-I 17\Pay Request\Pay-Req\I I&Final MONTHLY PAY REQUEST Page 1 of 5 Owner: City of Wylie,Texas Pay Request No. 11&Final Project: Alanis Drive Paving,Drainage&Waterline Improvements Contract Date: March 22,2005 (From S.H.78 East to South Ballard Avenue) Original Contract Amount: $ 3,863,384.66 From: 26-Feb-06 To: 26-Feb-06 Revised Contract Amount: $ 3,841,130.69 Project Start Date: 15-Apr-2005 Contractor: Site Concrete,Inc. Est.Completion Date: 28-Jan-2006 Cal.Days 3340 Roy Orr Blvd. No Later Than: 28-Jan-2006 Grand Prairie,Dallas 75050 Allotted: 289 Used: 318 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount BASE BID 1 Right-of-Way,Clearing&Grubbing Sta. 61.6 0 0 61.6 $2,850.00 $ 175,560.00 2 Remove Reinforced Concrete Pavement Final S.Y. 2,239 2,309 70.0 2,309.0 $6.75 $ 15,585.75 3 Remove Asphaltic Concrete Pavement S.Y. 509 0 0 509.0 $6.75 $ 3,435.75 4 Cement Treated Base S.Y. 2,384 0 0 2,384.0 $18.00 $ 42,912.00 5 Metal Beam Guard Fence L.F. 250 0 0 250.0 $30.00 $ 7,500.00 6 Guardrail Extruder Terminal co#3 Ea. 2 3 1 3.0 $675.00 $ 2,025.00 7 Concrete Traffic Barrier L.F. 820 0 0 820.0 $47.50 $ 38,950.00 8 3-Strand Barbed Wire Fence L.F. 868 0 0 868.0 $3.00 $ 2,604.00 9 Remove 3-Strand Barbed Wire Fence L.F. 555 0 0 555.0 $2.00 $ 1,110.00 10 Remove&Replace 3-Strand Barbed Wire Fence L.F. 1,832 0 0 1,832.0 $5.00 $ 9,160.00 11 Wood Rail Fence Final L.F. 27 0 0 0.0 $100.00 $ - 12 Chain Link Security Fence L.F. 1,572 0 0 1,572.0 $18.00 $ 28,296.00 13 24-ft Wide Security Gate Final Ea. 2 4 0 4.0 $2,778.30 $ 11,113.20 14 Aluminum Signs(Type"A") S.F. 213.5 0 0 213.5 $11.25 $ 2,401.88 15 Roadside Sign(Type A-Mount) Ea. 29 0 0 29.0 $307.25 $ 8,910.25 16 Roadside Sign(Type A-Rotating) Ea. 2 0 0 2.0 $523.25 $ 1,046.50 17 Temporary 6"Flexible Base Pavement S.Y. 9,322 0 0 9,322.0 $7.94 $ 74,016.68 18 18"Reinforced Concrete Pipe(Class III) Final L.F. 1,299 1,314 15 1,314.0 $30.00 $ 39,420.00 19 21"Reinforced Concrete Pipe(Class III) L.F. 64 0 0 64.0 $39.00 $ 2,496.00 20 24"Reinforced Concrete Pipe(Class III) L.F. 769 0 0 769.0 $39.00 $ 29,991.00 21 27"Reinforced Concrete Pipe(Class III) L.F. 624 0 0 624.0 $43.00 $ 26,832.00 22 30"Reinforced Concrete Pipe(Class III) L.F. 1,446 0 0 1,446.0 $49.00 $ 70,854.00 23 36"Reinforced Concrete Pipe(Class III) L.F. 807 0 0 807.0 $63.00 $ 50,841.00 24 42"Reinforced Concrete Pipe(Class III) L.F. 634 0 0 634.0 $82.00 $ 51,988.00 25 3-10'x 8'Reinf.Concrete Box Culverts L.F. 131 0 0 131.0 $1,069.20 $ 140,065.20 26 Modified Parallel Wingwalls w/Apron Ea. 2 0 0 2.0 $27,540.00 $ 55,080.00 27 8-ft.Recessed Curb Inlet Final Ea. 7 4 0 4.0 $2,322.00 $ 9,288.00 28 10-ft.Recessed Curb Inlet Final Ea. 9 5 0 5.0 $2,538.00 $ 12,690.00 29 12-ft.Recessed Curb Inlet Final Ea. 11 7 0 7.0 $2,700.00 $ 18,900.00 30 14-ft.Recessed Curb Inlet Final Ea. 8 4 0 4.0 $2,970.00 $ 11,880.00 31 16-ft.Recessed Curb Inlet Final Ea. 1 2 0 2.0 $3,402.00 $ 6,804.00 32 20-ft.Recessed Curb Inlet Final Ea. 6 3 0 3.0 $5,076.00 $ 15,228.00 l:\Wylie\2001-1 17Way Request\Pay-Req\l I&Final MONTHLY PAY REQUEST Page 2 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 33 Standard Drop Inlet Ea. 1 0 0 1.0 $1,620.00 $ 1,620.00 34 18"Sloped Reinforced Concrete Pipe Final Ea. 2 0 0 0.0 $1,080.00 $ - 35 Type"A"Storm Sewer Manhole Ea. 5 0 0 5.0 $2,808.00 $ 14,040.00 36 Type"C"Sloping Headwall C.Y. 6 0 0 6.0 $270.00 $ 1,620.00 37 2"PVC Conduit(Lighting)(Buried) L.F. 420 0 0 420.0 $4.15 $ 1,743.00 38 2"PVC Conduit(Signal)(Buried) Final L.F. 470 481 11 481.0 $4.15 $ 1,996.15 39 4"PVC Conduit(Lighting)(Buried) L.F. 420 0 310 420.0 $6.25 $ 2,625.00 40 4"PVC Conduit(Signal)(Buried) Final L.F. 470 481 11 481.0 $6.25 $ 3,006.25 41 2"Rigid Alum.Conduit(Lighting)(Structure) L.F. 1,040 0 0 1,040.0 $9.75 $ 10,140.00 42 Ground Pull Box(Electrical) Final Ea. 26 18 0 18.0 $378.00 $ 6,804.00 43 TxDOT Type"C"Pull Box(Signal) Ea. 9 0 0 9.0 $415.80 $ 3,742.20 44 Retaining Wall at State Highway 78 L.S. 1 0 0% 100% $21,600.00 $ 21,600.00 45 Sediment Control Fence L.F. 15,570 0 0 15,570.0 $1.25 $ 19,462.50 46 Remove Sediment Control Fence L.F. 15,570 0 0 15,570.0 $0.25 $ 3,892.50 47 Rock Filter Dams(Type 1) Final L.F. 40 0 0 0.0 $35.00 $ - 48 Rock Filter Dams(Type 1)(Remove) Final L.F. 40 0 0 0.0 $25.00 $ - 49 Entrance/Exit(Type 2) Final S.Y. 53 0 0 0.0 $25.00 $ - 50 Entrance/Exit(Type 2)(Remove) Final S.Y. 53 0 0 0.0 $15.00 $ - 51 Trench Safety Systems L.F. 5,774 0 0 5,774.0 $1.00 $ 5,774.00 52 Drilled Shafts(18") L.F. 110 0 0 110.0 $42.15 $ 4,636.50 53 Drilled Shafts(36") Final L.F. 772 783 0 783.0 $95.05 $ 74,424.15 54 Formed Drilled Shafts(36") Final L.F. 20 9 0 9.0 $108.00 $ 972.00 55 Class"C"Concrete(Abutment) C.Y. 97 0 0 97.0 $561.60 $ 54,475.20 56 Class"C"Concrete(Bent) C.Y. 94 0 0 94.0 $561.60 $ 52,790.40 57 Bridge Reinforced Concrete Slab S.F. 23,972 0 0 23,972.0 $14.05 $ 336,806.60 58 Prestressed Concrete Beam(Type IV) L.F. 3,750 0 0 3,750.0 $118.80 $ 445,500.00 59 Concrete Surface Treatment S.Y. 2,442 0 0 2,442.0 $2.15 $ 5,250.30 60 Rip Rap(Concrete,Class"B")(5")(RR8) C.Y. 230 0 0 230.0 $259.20 $ 59,616.00 61 Traffic Rail(Galvanized Steel)(Bridge) L.F. 509 0 0 509.0 $69.15 $ 35,197.35 62 Traffic Rail(MOD)(Galv.Steel)(Bridge) L.F. 517 0 0 517.0 $69.15 $ 35,750.55 63 Traffic Rail(Galv.Steel)(Culvert)(Ret.Wall) L.F. 300 0 0 300.0 $69.15 $ 20,745.00 64 Steel Pedestrian Railing L.F. 507 0 0 507.0 $88.55 $ 44,894.85 65 Sealed Expansion Joint(SEJ-A)(4") L.F. 145 0 0 145.0 $75.60 $ 10,962.00 66 Structural Approach Slab(Class"C")(10") C.Y. 92 0 0 92.0 $259.20 $ 23,846.40 67 Adjust Water Meter Manhole Frame&Cover Ea. 1 0 0 1.0 $750.00 $ 750.00 68 Adjust Sani.Sewer Manhole Frame&Cover Final Ea. 6 7 1 7.0 $1,000.00 $ 7,000.00 69 Adjust Water Valve Box Ea. 3 0 0 3.0 $500.00 $ 1,500.00 70 Relocate Water Valve&Hose Bibb Ea. 1 0 0 1.0 $500.00 $ 500.00 71 Remove Small Drainage Structures(24"or Less) Ea. 11 0 0 11.0 $750.00 $ 8,250.00 72 Glen Knolls Signs&Planter Boxes Final L.S. 1 25% 0% 25% $2,000.00 $ 500.00 73 Barricades,Signs&Traffic Handling Final Mos. 10 8 0 8.0 $2,500.00 $ 20,000.00 74 Project Sign Ea. 2 0 0 2.0 $550.00 $ 1,100.00 75 2"PVC-Trenched Final L.F. 70 114 0 114.0 $4.15 $ 473.10 J:\Wylie\2001-1 I7\Pay Request\Pay-Req\I 1&Final MONTHLY PAY REQUEST Page 3 of 5 I Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 76 3"PVC-Trenched Final L.F. 215 435 0 435.0 $6.15 $ 2,675.25 77 3"PVC-Bored Final L.F. 195 205 10 205.0 $18.35 $ 3,761.75 78 1C#6 AWG(BARE) Final L.F. 480 610 0 610.0 $0.50 $ 305.00 79 1C#8 XHHW L.F. 740 0 0 740.0 $0.60 $ 444.00 80 1C#6 XHHW L.F. 200 0 0 200.0 $0.80 $ 160.00 81 Ground Boxes Type C w/Apron Ea. 7 0 0 7.0 $415.80 $ 2,910.60 82 Electrical Service TY D Ea. 1 0 0 1.0 $3,780.00 $ 3,780.00 83 Type 30-A Drilled Shaft Foundation L.F. 22 0 0 22.0 $118.80 $ 2,613.60 84 Type 36-A Drilled Shaft Foundation L.F. 26 0 0 26.0 $129.60 $ 3,369.60 85 Traffic Signal Controller Foundation Ea. 1 0 0 1.0 $1,404.00 $ 1,404.00 86 Type I Solid White Markings(24") L.F. 124 0 0 124.0 $3.80 $ 471.20 87 Type II Solid White Markings(24") L.F. 124 0 0 124.0 $0.30 $ 37.20 88 Eliminate Existing Pavement Markings(4") Final L.F. 144 0 0 0.0 $1.05 $ - 89 Pavement Marking Surface Prep.(24") L.F. 124 0 0 124.0 $0.25 $ 31.00 90 Install Highway Traffic Signals Ea. 1 0 0 1.0 $17,280.00 $ 17,280.00 91 Vehicle Signal Section(12") Ea. 36 0 0 36.0 $140.40 $ 5,054.40 92 Back Plates(12")-3 Section Ea. 6 0 0 6.0 $65.90 $ 395.40 93 Back Plates(12")-4 Section Ea. 2 0 0 2.0 $69.15 $ 138.30 94 Back Plates(12")-5 Section Ea. 2 0 0 2.0 $77.75 $ 155.50 95 7C# 14 AWG L.F. 232 0 0 232.0 $1.75 $ 406.00 96 5C#14 AWG L.F. 907 0 0 907.0 $1.05 $ 952.35 97 16C#14 AWG L.F. 760 0 0 760.0 $2.40 $ 1,824.00 98 Traffic Signal Pole w/28'Mast Arm Ea. 1 0 0 1.0 $4,860.00 $ 4,860.00 99 Traffic Signal Pole w/32'Mast Arm Ea. 1 0 0 1.0 $5,184.00 $ 5,184.00 100 Traffic Signal Pole w/48'Mast Arm Ea. 2 0 0 2.0 $6,696.00 $ 13,392.00 101 12"LED Traffic Signal Lamp(Red) Ea. 10 0 0 10.0 $79.95 $ 799.50 102 12"LED Traffic Signal Lamp(Yellow) Ea. 10 0 0 10.0 $91.80 $ 918.00 103 12"LED Traffic Signal Lamp(Green) Ea. 10 0 0 10.0 $162.00 $ 1,620.00 104 12"LED Traffic Signal Lamp(Yellow Arrow) Ea. 2 0 0 2.0 $86.40 $ 172.80 105 12"LED Traffic Signal Lamp(Green Arrow) Ea. 4 0 0 4.0 $124.20 $ 496.80 106 Secondary Spread Spectrum Radio Ea. 1 0 0 1.0 $3,456.00 $ 3,456.00 107 Yagi SSR Antenna&Mounting Brackets Ea. 1 0 0 1.0 $378.00 $ 378.00 108 SSR Cable Final L.F. 120 222 102 222.0 $1.65 $ 366.30 109 VIVDS System Ea. 1 0 0 1.0 $2,187.00 $ 2,187.00 110 VIVDS Coaxial Cable(6 Pair 18 Gauge) Final L.F. 1,436 2,060 624 2,060.0 $1.65 $ 3,399.00 111 Remove&Dispose of Tires co#2 Ea. 0 880 0 880.0 $2.50 $ 2,200.00 112 Remove&Dispose of Waste Material Co#2 Trk. 0 2 0 2.0 $280.00 $ 560.00 113 Remove$Salvage Existing Quadguard Co#3 L.S. 0 1 0 1.0 $1,100.00 $ 1,100.00 114 Remove Exist.Traffic Rail&Wingwall Co#3 L.S. 0 1 0 1.0 $2,955.00 $ 2,955.00 115 Construct C201 or C221 Rail on 30'Radius co#3 L.S. 0 1 0 1.0 $9,032.00 $ 9,032.00 Subtotal: Base Bid $ 2,412,235.76 1:\Wylie\2001-I I7\Pay Request\Pay-Req\1 I&Final • MONTHLY PAY REQUEST Page 4 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount ALTERNATE 2 (36-Foot Pavement) 201-A Unclassified Street&Channel Excavation C.Y. 24,104 0 0 24,104.0 $3.50 $ 84,364.00 202-A Embankment Material C.Y. 36,221 0 0 36,221.0 $3.50 $ 126,773.50 203-A Topsoil(4") S.Y. 35,520 0 0 35,520.0 $0.85 $ 30,192.00 204-A Soil Retention Blanket Final S.Y. 22,769 21,547 0 21,547.0 $1.00 $ 21,547.00 205-A Block Sod S.Y. 15,906 0 0 15,906.0 $2.75 $ 43,741.50 206-A Lime Treated Subgrade co#3 S.Y. 28,245 27,474.3 73.5 27,474.3 $1.65 $ 45,332.60 207-A Hydrated Lime(@ 36#/S.Y.) co#3 Tons 508.4 494.7 1.3 494.7 $95.00 $ 46,998.69 208-A 8"Reinforced Concrete Pavement co#3 S.Y. 25,680 25,847.2 70.2 25,847.2 $29.00 $ 749,568.80 209-A 6"Non-Reinforced Conc.Median Pavement Final S.Y. 1,065 0 27 1,092.1 $27.50 $ 30,032.75 210-A 6"Monolithic Concrete Curb L.F. 10,920 0 0 10,920.0 $1.50 $ 16,380.00 211-A Reinforced Concrete Street Header L.F. 182 0 0 182.0 $10.00 $ 1,820.00 212-A Reinforced Concrete Driveway Final S.Y. 710 697.7 1 ' 697.7 $38.00 $ 26,512.60 213-A 8"HMAC Transition Pavement S.Y. 333 0 0 333.0 $33.00 $ 10,989.00 214-A Temporary 6"HMAC Pavement Final S.Y. 223 23 0 23.0 $25.00 $ 575.00 215-A Barrel Mounted Metal Beam Guard Fence L.F. 36 0 36 36.0 $30.00 $ 1,080.00 216-A Broken White Line Traffic Buttons L.F. 6,080 0 0 6,080.0 $0.50 $ 3,040.00 217-A White Edge Line Traffic Buttons L.F. 1,612 0 0 1,612.0 $0.50 $ 806.00 218-A Yellow Edge Line Traffic Buttons L.F. 580 0 0 580.0 $0.50 $ 290.00 219-A Double Yellow Line Traffic Buttons L.F. 6,156 0 0 6,156.0 $1.00 $ 6,156.00 220-A Double White Line Traffic Buttons L.F. 1,026 0 0 108.0 $1.00 $ 108.00 221-A White Directional Arrow Pvmt.Markings L.S. 1 0 0% 100% $350.00 $ 350.00 DEDUCT: 36-Foot Pavement(CRCP) L.S. 1 0 1.6% 100.0% , ;='j $ (51,360.00) Subtotal: Alternate 2 $ 1,195,297.43 1:\W ylie\2001-1 17\Pay Request\Pay-Req\I l&Final MONTHLY PAY REQUEST Page 5 of 5 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount ALTERNATE 3 (12"Water Line) 301-A 12"PVC Water Line w/Std Embedment L.F. 3,850 0 0 3,850.0 $24.00 $ 92,400.00 302-A 12"PVC Water Line w/Conc.Encasement L.F. 70 0 0 70.0 $55.00 $ 3,850.00 303-A 8"PVC Water Line w/Std Embedment L.F. 726 0 0 726.0 $20.00 $ 14,520.00 304-A 8"PVC Water Line w/Conc.Encasement L.F. 20 0 0 20.0 $48.00 $ 960.00 305-A 6"PVC Water Line w/Std Embedment L.F. 41 0 0 41.0 $18.00 $ 738.00 306-A 12"Gate Valve Ea. 12 0 0 12.0 $2,750.00 $ 33,000.00 307-A 8"Gate Valve Ea. 13 0 0 13.0 $875.00 $ 11,375.00 308-A 6"Gate Valve Ea. 14 0 0 14.0 $775.00 $ 10,850.00 309-A Std Fire Hydrant Assembly Ea. 9 0 0 9.0 $2,200.00 $ 19,800.00 310-A Salvage Existing Fire Hydrant Ea. 3 0 0 3.0 $1,000.00 $ 3,000.00 311-A Blow-Off Valve Assembly Ea. 1 0 0 1.0 $2,750.00 $ 2,750.00 312-A Connect to Existing Water Line Ea. 2 0 0 2.0 $650.00 $ 1,300.00 313-A Transfer Existing Water Service Ea. 13 0 0 13.0 $1,000.00 $ 13,000.00 314-A Remove&Replace Water Meter w/6" coo L.S. 0 1 0 1.0 $26,975.50 $ 26,975.50 Subtotal: Alternate 3 $ 234,518.50 MISCELLANEOUS Deduct Additional Testing on Storm Sewer Realignment $ (921.00) Subtotal: Miscellaneous $ (921.00) Prepared and Submitted by: BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Consulting Engineers,Dallas,Texas Total Amount $ 3,841,130.69 By: r 14di,6----- Less Amount Retained 0% $ - Joe R. arter,P.E. Date: 6-Jul-2006 Total Amount Payable $ 3,841,130.69 Approved for Owner By: Less Previous Payments $ 3,641,541.94 Date: Amount Due This Request $ 199,588.75 • 1:\Wylie\2001-117\Pay Request\Pay-Req\II&Final CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority, on this day personally appeared j, N , (on i .k j ("Affiant"),who, after being by me duly sworn, deposes and says that he is Vice President of Site Concrete, Inc. (corporation,partnership,trade name) of Dallas County, State of Texas (the "Contractor"),which said Contractor was awarded the contract dated the 22"d day of March 20 05 , for the construction of Alanis Drive Paving&Drainage Improvements in The City of Wylie,Texas (the "Work"), for a total consideration of Dollars to be paid to the said Contractor(the "Contract"), and that Affiant has full power of authority to make this affidavit. That The City of Wylie,Texas (the "Owner")has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts accepts the amount of $199,558.75 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. e Concrete,Inc. 7/17( (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME, this the lirth day of 7v_k, ,A.D. 2006. OOLUn le-Q1A.X.6fr dRYI„b DAWN REEVES (No ry Public,in and for the State of Texas) eo��• •Uq(n Notary Public,State of Texas 9� %,; My Commission Expires vas "``4 r1Y++4 March 08, 2009 (Printed Name of Notary) My Commission Expires j:\clerical\wylie\200I-117 alanis p&d\letters\const\k\affidavit.doc CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority, on this day personally appeared 3. f"i . 150 f eq ("Affiant"),who, after being by me duly sworn, deposes and says that he is Vice President of Site Concrete,Inc. (corporation,partnership,trade name) of Dallas County, State of Texas (the "Contractor"),which said Contractor was awarded the contract dated the 22nd day of March 20 05 , for the construction of Alanis Drive Paving&Drainage Improvements in The City of Wylie,Texas (the "Work"), for a total consideration of Dollars to be paid to the said Contractor(the "Contract"), and that Affiant has full power of authority to make this affidavit. That The City of Wylie, Texas (the "Owner")has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts accepts the amount of $199,558.75 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. Site oncrete,Inc. j v ' (Affi y L (7 " e (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME,this the 61h day of TU. Ik/ ,A.D. 2006. 001-1-)11- °" DAWN REEVES `- (Notary Public,i nd for the State of Texas) ��,,• c Notary Public,State of Texas p p, I 1\ : MyMammi0sion Expires � 1 \UCiV e� �'' ��` March 08,2009 '.rf ni iE•• ` (Printed Name of Notary) My Commission Expires O-j -CA."09 j:\clerical\wylie\2001-117 alanis p&d\letters\const\k\affidavit.doc CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority,on this day personally appeared M (bon ("Affiant"),who, after being by me duly sworn, deposes and says that he is Vice President of Site Concrete, Inc. (corporation,partnership,trade name) of Dallas County, State of Texas(the "Contractor"),which said Contractor was awarded the contract dated the 22°d day of March 20 05 , for the construction of Alanis Drive Paving&Drainage Improvements in The City of Wylie,Texas (the "Work"), for a total consideration of Dollars to be paid to the said Contractor(the "Contract"), and that Affiant has full power of authority to make this affidavit. That The City of Wylie, Texas (the "Owner")has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts accepts the amount of $199,558.75 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. Sit oncrete,Inc. By- - (Affi�tt y (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME,this the day of Tull ,A.D. 2006. _e_o_Lo..e.do DAWN REEVES (N L tart'Public,i nd for the State of Texas) Pr rt + ' ,.�1P Arc+i�S Notary Public,State of Texas My Commission Expires jjj/��( IJIJ Cw March 08,2009 J (Printed Name of Notary) iiiiiii My Commission Expires o 3-Ok -09 j:\clerical\wylie\2001-117 alanis p&d\letters\const\k\aflidavit.doc FROM : BETTER INLETS PLUS FAX NO. : 214 570 0145 Jun. 26 2006 10:02RM P1 0E/26/2005 08: 37 9723133146 �Si fa GL'NCRET. PAGE 12:'R:- T.NCONDITIONAL FINAL WAIVER OF LIEN TIE STATE OF TEXAS COUNTY OF COLLIN Tba nntir+reised contracted wits MS CONC 2ETE,INC.,a Tcmo Corporation,to furnist11o1.rv4 and 3uatorie-ts tar the xouowing improvemetts,which improvements are described as follows: Alanis Drive Paving&Drainage Improvements,Wylie,Texas In consideration of S 4,1 77.51 and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and confessed,the undersigned does hereby waive and release any!mechanic's Hen or mmaterialme is lien or claims of Her that the undersigned has or hereafter has on the above-mentioned real property on coount of any labor Performed or materials?ern€shed or to be furnished or labor performed and materials furnished for the premises known and described as: Alanis Drive (from SIB 78 to Ballard St) County: Collin State: Texas Company: Better Inlets plus By: aJ `Title: BEFORE ME,the under'si8nad authority,uu this day,personally appeared .Ai hk, 4 who,after being duly sworn,deposes and says that the facts in the above AFFI AVrr are true. Date: -,,Q1-E.. d ii i x , ,% Notary Public in and for the Sate of Texas a Vr%;ds� v r'rooA L[E DAVENPORT MyCBmroigsloaExpireti Y�CAAA-.JC� 6;c3LX)Cl Notary PubsrC,stare 4t texas My Commission Expires �r�9i�6`�'. March 1Q,2DQ9 h�In�r .- 1 'i ASHLAR CONTRACTING 972 436 6969 06/26/06 09:20am P. 001 CJOr LO/LUCID CJO..J 7l L J1 JJ140 71 I IL' ULJI`Il.r!G I rHUG CJL/CJG UNCONDITIONAL FINAL WAIVER OF LIEN THE STATE OF TEXAS COUNTY OF COLLIN The undersigned contracted with SITE CONCRETE,INC.,a Texas Corporation,to furnish labor and materials for the following improvements,which improvements are described as follows; Alanis Drive Paving&Drainage Ttnprovements,Wylie.Texas In consideration of$ 8„,18,53 and other good and valuable consideration.the receipt and suilciency of which is hereby acknowledged and confessed,the undersigned does hereby waive and release any mechanic's lien or materialmen's lien or claims of lien that the undersigned has or hereafter has on the above-mentioned real property on account of any labor performed or materials furnished or to be furnished or labor performed and materials furnished for the premises known and described as; Alanis Drive (from SI-I 78 to Ballard St) County: Collin State: Texas Company: Ashlar Contracting CO. By: Title: ?y-`- `i i c L v'N 4 BEFORE ME,the undersigned air ority,on this day,personally appeared who,after being duly sworn,depose4 and says that the facts in the above AiFMAVfT are true. DIELL12_ L.64._L-layy;Htdr„,,, Notary Public in and for the Sate of Texas My Commission Expires: a- -O7 BRENDA INMAN ��,� IIOt�y Sits Ot Texas l� my comet,Expires Feb,b,200T .� jr�Sri rf'r 06/26/2006 14:44 FAX 214 565 1081 MELS ELECTRIC Site Concrete I�j002/002 06J26/2006 09;35 9723133146 SITE CONCRETE PAGE 02/02 UNCONDITIONAL FINAL WAIVER OF LIEN Tim STATE OF TEXAS COUNTY OF COLLIN The undersigned contracted with SITE CONCRETE,INC.,a Texas Corporation,to famish labor and materials for the following improvements,which improvements are described as follows; Alenis Drive Paving do Drainage Improvements,Wylie,Texas In consideration of$ $.412.QQ and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and confessed,the undersigned does hereby waive and release any mechanic's lien or m atcrialmen's lien or claims of lien that the undersigned has or hereafter has on the above-mentioned real property on account of any labor performed or materials furnished or to be furnished or labor performed and materials furnished for the premises known and described as: Alanis Drive (from SH 78 to Ballard St) County: Collin State: Texas C... —. el's u— A c 'e- J Title NM& . V BEFORE ME,the undersigned authority,on this day,personally appeared 11 N 2t vi dx 7 who,after being duly sworn,deposes and says that the facts in the above AFPIDAVIt are true, / Date:(0/24,-0(0 L otary Pub ' and for the of Texas e';w SUSAN J. Hawn! My Commission �2-?),cq S Notary Pubk State of Texas ,. �. My Commission Expires „ ;,. octoner 23,2009 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: • Date Prepared: July 27, 2006 Budgeted Amount: Exhibits: One Subject Conduct a Public Hearing and consider, and act upon, Ordinance No. 2006-48 amending Ordinance No. 2006- 28 (Establishing regulations governing the sale of alcoholic beverages). Recommendation Motion to approve Ordinance No. 2006-48 amending Ordinance No. 2006-28 (Establishing regulations governing the sale of alcoholic beverages). Discussion On April 4, 2006, the Planning Commission held a public hearing to consider a recommendation to the City Council for an ordinance regulating the sale of alcoholic beverages. The regulations approved at that time were conservative, in that the package sale (off-premise consumption) of alcohol was permitted only in the Corridor Commercial (CC), Light Industrial (LI), Heavy Industrial (HI) and Downtown Historic Districts (DTH). The establishments may not be located closer than 300' to a church or hospital, measured along property lines of the street fronts from front door to front door, and not closer than 300' to a public or private school measured in a direct line from property line to property line. Since the approval by Council of the regulations, staff has received 4 requests from business and property owners requesting that the ordinance be amended to permit the package sale of alcohol in all non-residential zoning districts. This would add the use to the Community Retail (CR) and Neighborhood Services (NS) districts, with all other separation and distance requirements to remain in effect. Please note that the on-premise sale of alcohol (restaurants) is already permitted in the CR and NS districts. SUMMARY: (Continued) The following is an excerpt from the Texas Alcoholic Beverage Code: § 109.57. APPLICATION OF CODE; OTHER JURISDICTIONS. (a) Except as is expressly authorized by this code, a regulation, charter, or ordinance promulgated by a governmental entity of this state may not impose stricter standards on premises or businesses required to have a license or permit under this code than are imposed on similar premises or businesses that are not required to have such a license or permit. Page 1 of 2 Page 2 of 2 As an example, a grocery store cannot be regulated differently in different zoning districts simply due to the fact that it is required to have a license to sell beer and wine. If a grocery store is allowed in both CC and CR, they both must be allowed the right to sell beer and wine, so long as all other regulations are met. The Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director City Manager ORDINANCE NO. 2006-48 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE CITY OF WYLIE ZONING ORDINANCE NO. 2001-48, ARTICLE 5 (USE REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION F (RETAIL, PERSONAL SERVICE & COMMERCIAL) AND SECTION 5.2 (LISTED USES), SUBSECTION F (RETAIL, PERSONAL SERVICE AND COMMERCIAL USES) TO ESTABLISH REGULATIONS GOVERNING THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations), of the City of Wylie, Texas ("Wylie"), should be amended to regulate the sale of alcoholic beverages; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2001-48, Article 5 (Use Regulations) as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations) Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial). Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add number 24 and amend numbers 20 and 21, as follows: Ordinance-Alcohol Sales Regulations Page 1 447685.v1 4 4i .pi".N zap ke., :IM�" ... .. ............ _:..:... .,no-,.,.. %' ` 20.Restaurant with Drive- p* p* p* in or Drive-through Service 21.Restaurant without p* p* p* p* p* p* Drive-in or Drive- through Service 24.Beer &Wine Package p* p* p* p* p* p* Sales SECTION 3: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations). Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses) Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add the following: 24. Beer& Wine Package Sales. a. Definition: An establishment, including but not limited to General Merchandise or Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area; however for retail sales made at a Motor Vehicle Fueling Station the required parking shall be a minimum of four spaces. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0— 10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof Ordinance -Alcohol Sales Regulations Page 2 447685.v1 e. Additional Provisions: Beer& Wine Package Stores shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) The establishment shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (2) The establishment shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (3) The distance between a Beer & Wine Package Sales Establishment and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (4) Beer sales are not permitted in residential areas. Residential areas include properties that are zoned in any Residential District category or a planned development that allows residential uses or vertical mixed use developments with a residential component, because these zoning districts are part of the neighborhood(s) within which they are located. Notwithstanding, a planned development ordinance may allow for Beer & Wine Package Sales at designated locations in the planned development that meet the requirements set forth herein. (5) Beer & Wine Package Sales establishments that derive more than 75% of their gross revenue from the sale of beer and/or wine: a. Are permitted only by Specific Use Permit in the NS, CR, CC, LI, HI and DTH zoning districts; b. Shall not be located closer than 1,500 feet from another Beer & Wine Package Sales Establishment that derives more than 75% of its gross revenue from the sale of beer and/or wine, measured building-to-building (or outer wall of the lease space) in a straight line; c. Shall not be located closer than 800 feet from the building to the property line of a residential zoning district, including residential portions of a planned development zoning district; and d. Shall not be located closer than 1,500 feet from the property line of a City park, or the property line of a property owned by a church, public hospital, public or private school, public or private college/university, rehabilitation care institution, or child or adult day care, measured in a straight line from front door of the establishment to the nearest property line of a residential zoning district, City park, church, public or private hospital, public or private school, public or private college/university, rehabilitation center, or child or adult day care. SECTION 4: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations). Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses), paragraphs 20 and 21. Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Ordinance-Alcohol Sales Regulations Page 3 447685.v1 Service and Commercial Uses), paragraphs 20 and 21 of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to read as follows: 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means: (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0— 10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: (1) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (2) The "Additional Provisions" listed in paragraph 21, subpart e., below, for"Restaurants without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or Drive-through Service that sell alcohol. 21. Restaurant without Drive-in or Drive-through Service a. Definition: Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement with no fewer than 8 provided. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0— 10,000 None 10,001 —50,000 1 Each additional 10,000 or 1 fraction thereof Ordinance-Alcohol Sales Regulations Page 4 447685.v1 e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) Restaurants are only permitted to sell alcohol by right if the subject property was located within the City limits as of May 13, 2006. For property annexed into the City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. (2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (4) The distance between a restaurant that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (5) Restaurants that derive more than 75% of their revenue from the sale of alcohol are only permitted by specific use permit and may only be located in the zoning districts where the applicable type of restaurant is designated as "P*" on the Land Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Zoning Ordinance No. 2001-48, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Savings/Repealing Clause: Wylie's Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 7: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly Ordinance -Alcohol Sales Regulations Page 5 447685.v1 provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of 2006. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH City Secretary DATE OF PUBLICATION: , Wylie Enterprise Ordinance-Alcohol Sales Regulations Page 6 447685.v1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 2 Department: City Attorney (City Secretary's Use Only) Prepared By: Mark Roath for Julie Fort Account Code: Date Prepared: July 29, 2006 Budgeted Amount: Exhibits: One Subject (Motion to Remove from Table): Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. Recommendation Motion to approve Ordinance No. 2006-42 establishing a Code of Ethics. Discussion On June 13, 2006, Mayor John Mondy voiced an interest in establishing a Code of Ethics for the City of Wylie. As such, the City Attorney's Office has drafted, and then revised, the attached Ordinance on ethics for Council consideration and possible action. Approved By Initial Date Department Director City Manager MBR 07/29/2006 Page 1 of 1 ORDINANCE NO. 2006-42 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Wylie desires for all of its citizens to have confidence in the integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Code of Ethics to define the bounds of reasonable ethical behavior by the City Council and all appointed City Officials. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that this Ordinance be adopted in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. PART A: DECLARATION OF POLICY SECTION 1:STATEMENT OF PURPOSE It is essential in a democratic system that the public have confidence in the integrity, independence, and impartiality of those who act on their behalf in government. Such confidence depends not only on the conduct of those who exercise Official power, but on the availability of aid or redress to all persons on equal terms and on the accessibility and dissemination of information relating to the conduct of public affairs. The Wylie City Council adopts this Code of Ethics in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. The Code establishes standards of conduct, disclosure requirements, and enforcement mechanisms relating to City Officials. The Code also covers others whose actions inevitably affect public faith in City government, such as former City Officials, candidates for public office, and persons doing business with the City. By prohibiting conduct incompatible with the City's best interests and minimizing the risk of any appearance of impropriety, this Code of Ethics will further the legitimate interests of democracy. SECTION 2:DEFINITIONS As used in this Code of Ethics, the following words and phrases have the meaning ascribed to them in this Section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply: Affiliated. Business entities are "Affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent Business Entity. Code of Ethics Ordinance Page 1 of 15 456644.v3 Affinity. Relationship by "Affinity" is defined in Sections 573.024 and 573.025 of the Texas Government Code. (See Attachments "A" and "B') Before the City. Representation or appearance "Before the City" means before the City Council or a Board, commission, or other City entity. Board. A Board, commission, or committee: (1) Which is established by City Ordinance, City Charter, inter-local contract between the City and another Party, or state law; or (2) Any part of whose membership is appointed by the City Council, but does not include a Board, commission, or committee that is the governing body of a separate political subdivision of the state. (3) The Wylie Economic Development Corporation is considered a Board for the purpose of this Code. Business Entity. "Business Entity" means a sole proprietorship, partnership, firm, corporation, limited liability company, holding company, joint-stock company, receivership, trust, unincorporated association, or any other business entity recognized by law. Code of Ethics. "Code of Ethics," "Ethics Code," or "this Code" means Parts A through H of this Ordinance. Confidential Government Information. "Confidential Government Information" is all information held by the City that is not available to the public under the Public Information Act, (Chapter 552, Local Government Code ("the Act")) and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, (Chapter 551, Local Government Code) regardless of whether disclosure violates the Act and/or the Texas Open Meetings Act. City. "City" means the City of Wylie, Texas. Consanguinity. Relationship by "Consanguinity" is defined in Sections 573.022 and 573.023 of the Texas Government Code. (See Attachment `B") Discretionary Contract. "Discretionary Contract" means any contract other than those which by law must be awarded on a qualified bid basis. Economic Interest. "Economic Interest" is legal or equitable property interests in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an Economic Interest in the property of the organization. "Economic Interest" does not include the contract and/or business relationship that the City Manager, City Secretary, and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the City. Code of Ethics Ordinance Page 2 of 15 456644.v3 Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an Economic Interest in such securities or other assets unless the person in question participates in the management of the fund. Gift. A voluntary transfer of property (including the payment of money) or the conferral of a benefit having monetary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor as quid pro quo. Indirect Ownership. A person "indirectly owns" an equity interest in a Business Entity where the interest is held through a series of business entities, some of which own interests in others. Matter. Matter is defined as the events or circumstances of a particular situation. Official. The term "Official" or "City Official" is defined as the following persons: (1) The Mayor (2) Members of the City Council (3) Municipal Court Judges and Magistrates (4) The City Manager (5) The Assistant City Manager (6) The City Secretary (7) Members of the temporary or standing, current or future Boards, Commissions, Governing Bodies, and Boards of Directors when those Boards, Commissions, Governing Bodies, and Boards of Directors are appointed in their entirety or partially by the City Council of the City. Official Action. "Official Action" is defined as: (1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, a City Official's duties, and (2) any failure to act, if the City Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the City Official or any person related to the City Official in the first degree by consanguinity or affinity (See Attachment "B"). Official Information. "Official Information" is information gathered pursuant to the power or authority of City. Partner. "Partner" is defined as partners in general partnerships, limited partnerships, limited liability partnerships,joint ventures, and any other partnership allowed by law. Personally and Substantially Participated. The requirement of having "personally and substantially participated" in a Matter is met only if the individual in fact exercised discretion Code of Ethics Ordinance Page 3 of 15 456644.v3 relating to the Matter. The fact that the person had responsibility for a Matter does not by itself establish that the person "personally and substantially participated" in the Matter. Representation. "Representation" is defined as all forms of communication and personal appearances in which a person, not acting in performance of Official duties, formally or informally, serves as an advocate for private interests, regardless of whether the Representation is compensated. Lobbying, even on an informal basis, is a form of Representation. Representation does not include appearance as a fact witness in litigation or other Official proceedings. Solicitation. "Solicitation" of subsequent employment or business opportunities is defined as all forms of proposals and negotiations relating thereto. SECTION 3: WORDING INTERPRETATION The gender of the wording throughout this Ordinance shall always be interpreted to mean either sex. All singular words shall include the plural, and all plural words shall include the singular. All references to the laws of the State of Texas or the Home Rule Charter, Ordinances, or Resolutions of the City of Wylie Texas shall mean "as presently enacted or hereafter amended". PART B: PRESENT CITY OFFICIALS SECTION 1:IMPROPER ECONOMIC BENEFIT (a) General Rule. City Officials shall comply with Chapter 171 of the Local Government Code regarding conflicts of interest. (b) Affidavit and Abstention from Voting Required. City Officials shall comply with Chapter 171 of the Local Government Code regarding Affidavits and Abstention from Voting. SECTION 2: UNFAIR ADVANCEMENT OF PRIVATE INTERESTS (a) General Rule. A City Official may not use his Official position to grant or secure, or attempt to grant or secure, for any person (including himself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. This rule does not apply to actions taken by a City Official in the legislative process. (b) Special Rules. The following special rules apply in addition to the general rule: (1) Acquisition of Interest in Impending Matters. A City Official shall not acquire an interest in, or be affected by, any contract, transaction, zoning decision, or other Matter (the "interest"), if the Official knows, or has reason to know, that the interest will be directly or indirectly affected by impending Official Action by the City. (2) Reciprocal Favors. A City Official may not enter into an agreement or understanding with any other person that Official Action by the Official will be rewarded or reciprocated by the other person, directly or indirectly. Code of Ethics Ordinance Page 4 of 15 456644.v3 (3) Appointment of Relatives/Anti-Nepotism. A City Official shall not nominate, appoint or vote to nominate or appoint any person to a paid position with the City who is related to the City Official within the third degree of Consanguinity or second degree by Affinity. (4) In any land Matter which comes Before the City Council, Planning and Zoning Commission, or Board of Adjustments and in which any member of the City Council or aforementioned Boards and commissions has a financial interest in any property within two hundred feet (200') of the Matter before it, such member shall disclose the existence of the interest by filing a statement with the record keeper. The member of the City Council, Planning and Zoning Commission, or Board of adjustments may speak on the item and, thereafter, leave the room. In addition, any state law provision regarding a conflict of interest shall also be followed and to the extent of any conflict between this Paragraph and state law, state law shall control. It is the intention of this provision that the term "land matter" shall be interpreted broadly to include zoning, permit requests, variances, etc. (5) No City Council member who is on the Board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a Board of directors or trustees appointed in whole or in part by the City Council. (c) Recusal and Disclosure. A City Official whose conduct would otherwise violate Part B, Section 2(b)(3) shall openly declare that he/she must be recused based upon the Anti- Nepotism provisions and such City Official shall not be counted as present for the agenda item for purposes of the tally or determining the total votes required. SECTION 3: GIFTS (a) General Rule. A City Official shall not solicit, accept, or agree to accept any Gift or benefit having a total aggregate value more than $250 over a consecutive 6 month period from the same person or entity. (b) Special Applications. Subsection(a) does not include: (1) a Gift to a City Official relating to a special occasion, such as a wedding; anniversary, graduation, birth, illness, death, or holiday, provided that the value of the Gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) reimbursement of reasonable expenses for travel authorized in accordance with City policies; (3) a public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion; Code of Ethics Ordinance Page 5 of 15 456644.v3 (4) a loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) a scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; or (6) admission to an event in which the City Official is participating in connection with Official duties; (7) lawful campaign contributions; (8) attending social functions, ground breakings, or civic events pertinent to the public relations and operations of the City; (9) exchanging Gifts with his family and relatives; (10) exchanging Gifts at church functions or City parties or functions where only City Officials and their employees are invited or attended; (11) exchanging Gifts or receiving a bonus from their place of full-time employment; (12) meals for the City Official, and the City Official's spouse, paid for by another party; or (13) participation in charitable events where the ticket price, entry fee or the like is waived for the City Official and/or the City Official's spouse. (c) Gifts to Closely Related Persons. A City Official shall take reasonable steps to persuade a parent, spouse, child, stepchild, or other relative within the second degree of Consanguinity or Affinity (see Attachment "B") not to solicit, accept, or agree to accept any Gift or benefit which would violate Subsection (a) if the Official solicited, accepted, or agreed to accept it. SECTION 4: CONFIDENTIAL INFORMATION (a) Improper Access. A City Official shall not use his position to secure Official Information about any person or entity for any purpose other than the performance of Official responsibilities. (b) Improper Disclosure or Use. A City Official shall not disclose Confidential Government Information or use such information to further or impede anyone's personal interests. This rule does not prohibit: (1) any disclosure or use that is authorized or required by law; (2) the confidential reporting of illegal or unethical conduct to authorities designated by law. Code of Ethics Ordinance Page 6 of 15 456644.v3 SECTION 5:REPRESENTATION OF PRIVATE INTERESTS (a) Representation by a Member of the Board. A City Official who is a member of a City Board shall not serve as a representative before that Board or body any person, group, or entity. (b) Representation before the City. A City Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, before the City. (c) Representation in Litigation Adverse to the City. (1) Salaried Officials. A salaried City Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to the interests of the City. (2) Non-Salaried Officials. A non-salaried Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to interests of the City and the matter is substantially related to the non-salaried Official's duties to the City. SECTION 6:PUBLIC PROPERTY AND RESOURCES A City Official shall not use, request, or permit the use of City facilities, personnel, equipment, or supplies for private purposes, except: (a) pursuant to duly adopted City policies, or (b) to the extent and according to the terms that those resources are lawfully available to the public. SECTION 7:POLITICAL ACTIVITY Limitations on the political activities of City Officials are imposed by state law, the City Charter, and City personnel rules. In addition, the following ethical restrictions apply: (a) Influencing Subordinates. A City Official shall not, directly or indirectly, induce or attempt to induce any subordinate of the Official: (1) to participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue, or (2) to refrain from engaging in any lawful political activity, except activities prohibited by the City Charter. Code of Ethics Ordinance Page 7 of 15 456644.v3 (b) Paid Campaigning. A City Official shall not accept anything of value, directly or indirectly, for political activity relating to an item pending on the ballot, if he participated in, or provided advice relating to, the exercise of discretionary authority by the City Council or a Board that contributed to the development of the ballot item. (c) Official Vehicles. A City Official shall not display or fail to remove campaign materials on any City vehicle under his control. Limitations on the use of public property and resources for political purposes are imposed by Part B, Section 6. A City Official may not spend or authorize the spending of public funds or use or authorize the use of public property for "political advertising", as that term is defined in the Texas Election Code, as it exists or may be amended. A general statement merely encouraging another person to vote does not violate this rule. SECTION 8:ACTIONS OF OTHERS (a) Violations by Other City Officials. A City Official shall not knowingly assist or induce, or attempt to assist or induce, another City Official to violate any provision in this Code of Ethics. (b) Using Others to Engage in Forbidden Conduct. A City Official shall not violate the provisions of this Code of Ethics through the acts of another. SECTION 9:INTERACTION WITH CITY STAFF (a) City Council members' and Board Members' interaction with the City Manager or staff must recognize the lack of authority in any individual City Council member, Board Member or group of City Council members or Board Members, except when explicitly authorized by the City Council or Board. (b) City Council members and Board Members will not make public individual judgments of the performance of the City Manager, his staff, the City Secretary, or the Municipal Judge except as authorized by City policy, ordinance, or the City Charter. (c) City Council members and Board Members may not attempt to coerce or intimidate City Employees, interfere with City Employees' duties, or otherwise circumvent the authority of the City Manager. Communications that are not in violation of this Section are permitted. SECTION 10: CITY COUNCIL INTERACTION WITH GENERAL PUBLIC City Council members' and Board Members' interaction with public, press or other entities must recognize the same limitation as expressed in Part B, Section 9 and the inability of any City Council member or Board Member or group of City Council members or Board Members to speak for the City Council or Board except when explicitly authorized by the City Council, that Board, or the City Charter. Code of Ethics Ordinance Page 8 of 15 456644.v3 PART C: FORMER CITY OFFICIALS SECTION 1: CONTINUING CONFIDENTIALITY A former City Official shall not use or disclose Confidential Government Information acquired during service as a City Official. This rule does not prohibit: (a) any disclosure or use that is authorized or required by law; or (b) the confidential reporting of illegal or unethical conduct to authorities designated by law. SECTION 2:SUBSEQUENT REPRESENTATION (a) Representation by a Former Board Member. A person who was a member of a Board shall not represent before that Board any person, group, or entity for a period of six (6) months after the termination of his Official duties. (b) Representation Before the City. A former City Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, before the City for a period of six (6) months after termination of his Official duties, unless hired by the City under the authority granted within the City Charter. (c) Representation in Litigation Adverse to the City. A former City Official shall not, absent consent from the City, represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to the interests of the City and the Matter is one in which the former City Official "Personally and Substantially Participated" prior to termination of his Official duties. SECTION 3:DISCRETIONARY CONTRACTS (a) Impermissible Interest in Discretionary Contract or Sale. This Subsection applies only to contracts or sales made on a discretionary basis, and not to contracts or sales made on a competitive bid basis. Within one (1) year of the termination of Official duties, a former City Council member shall not have a financial interest, direct or indirect, in any contract with the City, and shall not be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or service. Any violation of this Section, with the knowledge, expressed or implied, of the individual or Business Entity contracting with the City Council shall render the contract involved voidable by the City Manager or the City Council. A former City Council member has a prohibited "financial interest" in a contract with the City, or in the sale to the City of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or sale: (1) the former City Council member; (2) his/her parent, child, stepchild, or spouse; Code of Ethics Ordinance Page 9 of 15 456644.v3 (3) a Business Entity in which the former City Council member directly or indirectly owns: (A)ten (10)percent or more of the voting stock or shares of the Business Entity, or (B)ten(10) percent or more of the fair market value of the Business Entity; or (4) a Business Entity of which any individual or entity listed in Part C, Section 3(a)(1) or 3(a)(3) is: (A)a subcontractor on a City contract; or (B)an Affiliated business or Partner. (b) Prior Participation in Negotiation or Awarding. A former City Council member may not, within one (1) year of the termination of Official duties, perform work on a compensated basis relating to a Discretionary Contract, if he "Personally and Substantially Participated" in the negotiation or awarding of the contract. (c) Definitions. For purposes of Part C, Section 3(a) of this rule: (1) A "former City Council member" is any person who, immediately prior to termination of Official duties, was the Mayor or a member of the City Council. (2) The term "contract" means any contract other than a contract for the personal services of the former City Council member. (3) The term "service" means any services other than the personal services of the former City Council member. PART D: PERSONS DOING BUSINESS WITH THE CITY SECTION 1:PERSONS SEEKING CONTRACTS (a) Disclosure of Parties, Owners, and Closely Related Persons. An individual or Business Entity seeking a contract from the City is required to complete the Conflict of Interest Questionnaire required by Chapter 176 of the Local Government Code. (b) Political Contributions. Any individual or Business Entity seeking a Discretionary Contract from the City must disclose, on a form provided by the City, all political contributions totaling two hundred fifty dollars ($250) or more within the past twenty-four (24) months made directly or indirectly to any member of City Council, or to any political action committee that contributes to City Council elections, by any individual or Business Entity whose identity must be disclosed under Part D, Section 1(a). Indirect contributions by an entity include, but are not limited to, contributions made through the officers or owners of the Business Entity. Code of Ethics Ordinance Page 10 of 15 456644.v3 (c) Briefing Papers and Open Records. Briefing papers prepared for the City concerning any proposed Discretionary Contract shall reveal the information disclosed in compliance with Part D, Sections 1(a) and 1(b), and that information shall constitute an open record available to the public. PART E: MEMBERS OF THE PUBLIC AND OTHERS Part E applies to current and former City Officials, persons doing business with the City, and lobbyists, as well as to members of the public and any other person (including business entities and nonprofit entities). SECTION 1: FORMS OF RESPONSIBILITY No person shall induce, attempt to induce, conspire with, aid or assist, or attempt to aid or assist another person to engage in conduct violative of the obligations imposed by this ethics code. PART F: ETHICS REVIEW PROCESS SECTION 1:DEFINITIONS As used in Part F, the term "ethics laws" is defined as this Code of Ethics, Article XI, Section 5 of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. The term "ethical violation" is defined as violations of any of these enactments. SECTION 2: COMPLAINTS (a) Filing. Any person who believes that there has been a violation of the ethics laws may file a sworn Complaint with the City Secretary. The "Complaint" shall: (1) identify the person or persons who allegedly committed the violation; (2) provide a statement of the facts on which the Complaint is based; (3) to the extent possible, identify the rule or rules allegedly violated; and (4) be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. The complainant may also recommend other sources of evidence that the Investigator (as defined below) should consider and may request a hearing. (b) Confidentiality. No City Official shall reveal information relating to the filing or processing of a Complaint except as required for the performance of Official duties. All papers relating to a pending Complaint are confidential. (c) Notification. A copy of a Complaint meeting Part F, Section 2(a) shall be promptly forwarded by the City Secretary to the City Attorney and to the person charged in the Complaint. The person charged in the Complaint shall also be provided with a copy of the ethics rules and shall be informed: Code of Ethics Ordinance Page 11 of 15 456644.v3 (1) that, within fourteen (14) days of receipt of the Complaint, he may file a sworn response with the City Secretary; (2) that failure to file a response does not preclude the City Attorney from selecting an Investigator to process the Complaint; (3) that a copy of any response filed by the person charged in the Complaint will be provided by the City Secretary to the complainant, who may within seven (7) days respond by sworn writing filed with the City Secretary, a copy of which shall be provided by the City Secretary to the person charged in the Complaint; (4) that the person charged in the Complaint may request a hearing; and (5) that City Officials have a duty to cooperate with the City Attorney, pursuant to Part F, Section 3 of this Code. (d) Assistance. The City Secretary shall provide information to persons who inquire about the process for filing a Complaint. SECTION 3:PROCEDURE FOR COMPLAINTS AGAINST CITY OFFICIALS Within three (3) business days after receipt, it shall be the duty of the City Attorney to select a third party attorney who does not perform legal work for the City to conduct the investigation (the "Investigator") on behalf of the City and notify the City Council, City Manager and the person charged in the Complaint of the Investigator selected. The City Council shall approve or reject an Investigator selected by the City Attorney at its next meeting for which there is time to post the item on the agenda as required by law. If the City Council rejects an Investigator, the City Attorney shall select another one in accordance with this Section. Within (3) business days after being approved as the Investigator by the City Council, the Investigator shall make the initial determination/evaluation of the Complaint as to whether or not the facts alleged, if true, would at face value constitute a violation of this Code. If it is determined by the Investigator that the facts as alleged would not constitute a violation, then in accordance with the notice requirements of the Texas Open Meetings Act, the Investigator shall present a written report describing in detail the nature of the Complaint and the findings of the Investigator to the City Council at its next regularly scheduled meeting. A majority of those City Council members not implicated by the allegation(s) may either invoke the investigatory procedure contained herein or reject the Complaint. Any vote to reject the Complaint shall be in a public hearing called for that purpose. If it is determined by the Investigator that the facts as alleged could constitute a violation of this Code, then the Investigator shall, within three (3) business days after receipt of the Complaint, notify the Mayor and City Council of the existence and nature of the Complaint. The Mayor or any three (3) members of the City Council may cause a meeting of the City Council to convene, whether regular or special, within seven (7) business days after being so notified by the Investigator to further consider said Complaint in Executive Session and/or an Open Meeting. At said meeting, the Investigator shall present an initial written report ("Initial Report") to the City Council describing in detail the nature of the Complaint and his findings and conclusions as to a possible violation of this Code. The Investigator shall have all of the powers of investigation as is given to the City Council by reason of Article III, Section 15 of the City Charter. The Investigator shall report back to the City Council in writing as soon as possible but in no event Code of Ethics Ordinance Page 12 of 15 456644.v3 more than fifteen (15) calendar days from the day of the Initial Report or twenty-one (21) days from the day the appointment of the Investigator was approved by the City Council, whichever is later. Said report shall be comprehensive in support of the Investigator's opinion as to whether or not a violation of this Code occurred. The City Council shall consider the findings of said report at the meeting at which it is presented at which time the person(s) accused shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his behalf. No final action, decision, or vote with regard to any matter shall be made except in a meeting which is open to the public. PART G: ENFORCEMENT MECHANISMS In addition to other remedies provided by law, any one or more of the following remedies may be imposed upon a City Official with respect to violations of this Code of Ethics. If it has been determined that a City Council member has violated a provision of this Code of Ethics, the City Council member who is in violation shall not participate in decisions regarding any penalty(ies) to be imposed under this Part G and said Council Member shall not be counted as present for the agenda item for purposes of the tally or determining the total votes required. SECTION 1:DISCIPLINARY ACTION City Officials who engage in conduct that violates this Code may be notified, warned, reprimanded, suspended, or removed from office or employment by the City Council. SECTION 2: CIVIL FINE Any person, whether or not a City Official, who violates any provision of this Code of Ethics is subject to a fine not exceeding five hundred dollars ($500.00), such amount to be determined by the City Council. SECTION 3:PROSECUTION FOR PERJURY Any person who files a false sworn Complaint under Part F, Section 2(a) of this Code is subject to criminal prosecution for perjury under the laws of the State of Texas. SECTION 4: VOIDING OR RATIFICATION OF CONTRACT If an Ethics Review finds that there has been a violation of any provision in Sections 1 through 10 of Part B; Sections 1 through 3 of Part C; Part D; or Part E that is related to the awarding of a contract, the City Council must vote on whether to ratify or void the contract. Such action shall not affect the imposition of any penalty or remedy contained in this Code of Ethics or any other law. SECTION 5:DISQUALIFICATION FROM CONTRACTING (a) Any person (including business entities and non-profit entities) who intentionally or knowingly violates any provision of Part D (Persons Doing Business with the City) may be prohibited by the City Council from entering into any contract with the City for a period not to exceed three (3) years. Code of Ethics Ordinance Page 13 of 15 456644.v3 (b) It is a violation of this Code of Ethics: (1) for a person prohibited from entering into a contract with the City to enter, or attempt to enter, into a contract with the City during the period of disqualification from contracting; or (2) for a City Official to knowingly assist a violation of Part G, Section 5. (c) Nothing in this section shall be construed to prohibit any person from receiving a service or benefit, or from using a facility, which is generally available to the public, according to the same terms. (d) A Business Entity or nonprofit entity may be disqualified from contracting based on the conduct of an employee or agent, if the conduct occurred within the scope of the employment or agency. PART H: ADMINISTRATIVE PROVISIONS SECTION 1: OTHER OBLIGATIONS This Code of Ethics is cumulative of and supplemental to applicable state and federal laws and regulations. Compliance with the provisions of this code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. SECTION 2:EFFECTIVE DATE This Code of Ethics shall take effect on , 2006, following its adoption and publication as required by law. Every person shall be provided reasonable opportunity to review this Code of Ethics as a condition of their candidacy and/or application to be a City Official. Individuals seated as City Officials on the effective date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the effective date. All City Officials elected, appointed or retained following the effective date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before performing any of the duties or functions of the City Official's position. SECTION 3:DISTRIBUTION AND TRAINING (a) At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code of Ethics. No application shall be considered complete without a signed acknowledgement of receipt and understanding of this Code by the applicant. Code of Ethics Ordinance Page 14 of 15 456644.v3 (b) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code of Ethics, Article XI of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these ethics laws. SECTION 4:SEVERABILITY If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. READ, CONSIDERED, PASSED AND APPROVED by the City of Wylie, Texas, on this the day of August, 2006. John Mondy, Mayor ATTEST: By: Carole Ehrlich, City Secretary Code of Ethics Ordinance Page 15 of 15 456644.v3 Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: July 28, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2006-49 setting the prima facie speed limits for State Highway 78. Recommendation Motion to approve Ordinance No. 2006-49 setting the prima facie speed limits for State Highway 78. Discussion The Texas Department of Transportation (TxDOT) recently completed a speed zone study for S.H. 78 in the City of Wylie. The study recommends the posted speed be as follows: Southern City Limit to just north of Westgate Way—50 mph North of Westgate Way to Oak St. —40 mph Oak St. to east of Spring Creek—50 mph East of Spring Creek to S.H. 205 —60 mph The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. Approved By Initial Date Department Director City Manager Page 1 of 1 ORDINANCE NO. 2006-49 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON S.H. 78 PROCEEDING FROM THE CITY LIMITS TO S.H. 205, WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE,TEXAS,COLLIN COUNTY,TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie,Texas,taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon,said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance,which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS,the City Council of the City of Wylie,Texas("Wylie")finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for S.H. 78 from the City Limits to S.H. 205 as set forth in the study attached hereto as Exhibit "A" and incorporated for all purposes as if fully set forth herein. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas Transportation Code,the prima facie speed limit(s) for S.H. 78 proceeding from the City Limits to S.H. 205 shall be as set forth in the study attached hereto as Exhibit "A" and incorporated for all purposes as if fully set forth herein. SECTION 3: Placement of Signs. The City Manager or his/her designated representative is ORDINANCE ESTABLISHING SPEED LIMIT -Page 1 457476.v 1 hereby authorized and directed to cause the placement of signs on S.H. 78 proceeding from the City Limits to S.H. 205 indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from view, and shall comply with applicable state laws. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of , 2006. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication: ORDINANCE ESTABLISHING SPEED LIMIT -Page 2 457476.v1 Texas Department of Transportation P.O. BOX 3067•DALLAS, TEXAS 75221-3067•(214) 320-6100 July 20, 2006 Control: 0281-02 Highway: SH 78 County: Collin Chris Hoisted, P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Subject: Speed Zones Dear Mr. Hoisted: Attached for your information and further handling is a computer printout of the speed zone study on SH 78 in the City of Wylie. We believe the recommended speeds will correspond closely to the speeds at which the normal and prudent driver will drive under the existing conditions. Also attached for your information is a sample speed zone ordinance that might serve as a guide in the preparation of your speed zone ordinance. We will also furnish and install the necessary signs at the proper locations upon receipt of the signed ordinance from the City of Wylie establishing the new speed limits. If we haven't heard from your office within 90 days concerning this speed zone study, we will assume concurrence and we will begin proceedings to have the zoning adopted by Commission Minute. We appreciate the interest you have shown and the cooperation you have given. If we may be of further assistance, please feel free to contact Mr. Linden Burgess at the above address or by telephone at 214/320-6237. Sincerely, 4ZOJLL Gary D. Charlton, P.E. Interim Director of Transportation Operations Attachments An Equal Opportunity Employer NO. SPEED ZONE ORDINANCE AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE, SECTION 545.356 UPON HIGHWAY NO. OR PARTS THEREOF, WITHIN THE INCORPORATE LIMITS OF THE CITY OF , AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED$200.00 FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, Section 545.356 of the Texas Transportation Code, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ,TEXAS: SECTION 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Transportation Code, Section 545.356, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEXAS: 1. That from and after the date of the passage of this speed zone ordinance,no motor vehicle shall be operated along and upon Highway No. within the corporate limits of the City of in excess of speeds now set forth in the following limits: SECTION 2: The Mayor of is hereby authorized to cause to be erected, appropriate signs indicating such speed zones. SECTION 3: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Dollars($200.00). PASSED AND APPROVED THIS DAY OF ,A.D.,20 . Mayor City of Texas Attest: City Secretary City of Texas APPROVED AS TO LEGAL FORM: APPROVED: City Attorney City Manager City of Texas City of Texas I, ,City Secretary of the City of , Texas, hereby certify that the above and foregoing is a true and correct copy of Ordinance No. adopted by the City Council of the City of ,Texas, , A.D., 20 . To certify which,witness my hand and seal of office this day of , A.D., 20 . City Secretary City of Texas SH 78/WYLIE DEVELOPMENT RURAL RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY SPEED CURVES OVER 2' GRADE OVER 3% SUR. WIDTH AND TYPE SEE BELOW R.O.W./RDBD. WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS (MILE) ZONE SPEEDS (MPH) ...— 2.909 60 MPH - 60 MPH CONTR0281SEOZTION LAVON 1WYLIE 60 ',, TOWARD NORTH 120 w LAVON T., N w w 0 7\ o ! 0 CE BEARINGS—-—-—-—- �— — — — — — — — — — — — — — o o Y a s TOWARD SOUTH SACHSE 7\ u 125 ZONE SPEEDS (MPH) 60 MPH _ ZONE LENGTHS (MILE) 60 MPH 2.909 ACCIDENTS R.O.W./RDBD. WIDTH 150 FT R.O.W. 1175 FT R.O.W. SUR. WIDTH AND TYPE 2 LANES W/ 10 FT SHOULDERS GRADE OVER 30 CURVES OVER 2° BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE i DEVELOPMENT RURAL DISTRICT: DALLAS COUNTY: COLLIN MINUTE No.: DATE: LEGEND REPLACES: DATE: COLLIN SPEED ZONE i� PARSONS 'HIGHWAY: SH 78 CITY: WYLIE ®85 PERCENTILE SPEED MORN u. 913 se REPLACED BY: DATE: ®TOP SPEED MEASURED ' COUNTY CONT. 0281 SEC. 02 • DALLAS YBFu.1e.SLIM 500 OBLuS,iEXeS MA. I DATE OF SURVEY: 05/06 SCALE: I" = 0.1 MILE 'CANCELED BY: DATE: ®NUMBER OF CARS CHECKED • ++u 30 DRIVE THRU SPEED CHECKS -` - .'7"1 Wfk.T LIMITS O F ZONE ACCIDENT CODE "�' �— -e}." as�h Texas Department of Transportation SECTION ONE LENGTH: MILES SECTION TWO I LENGTH: MILES 0 PROPERTY DAMAGE red) * ,,ee SPEED ZONE MAP PERSONAL INJURY '� -� ,�STA. OR M.P. CONT. & SECT. PROJECT STA. OR M.P. CONT. &SECT. PROJECT : _z :, —_ w YANG OUYRNG BEGINS BEGINS FATAL 0' r� r 1 %,' BVO3R :e= SH 78 _ INDICATES SECTION ZONED t i7,:3 T 1QF''GtSTE �{_�= BY COMMISSION MINUTE fi �- :.�`eON.1.8 - SHT 1 OF 8 STA. OR M.P. CONT. & SECT. PROJECT STA. OR M.P. CONT. & SECT. PROJECT SIGNALIZED INTERSECTION 78 Designed: y.O 'B:Ar a e»; ENDS ENDS ALL WAY STOP r [noosed: J.A.P. TEXAS eEN...BeB.E..b. iE1 1 2-WAY STOP Drown: A.H.J.a o-w+• �`w,o°-'gyp: JOB '" vile Name: OH 78-Al DAL COLLIN 10281 02 ISHp78 SH 78/WYLIE DEVELOPMENT RURAL RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY SPEED CURVES OVER 2° GRADE OVER 3% SUR. WIDTH AND TYPE SEE BELOW R.O.W./RDBD. WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS (MILE) 2.909 ZONE SPEEDS (MPH) 60 MPH CONTROL SECTION 0281-02 WYLIE - M 63 - w — 73 w TOWARD NORTH = 125 N L-AVON w 5 w I, w VI 0 0 O In :nIn 0 0 CL BEARINGS-------- — — — — — — — — — — — — — — — — — — — — — — w w z z TOWARD SOUTH = SACHSE - 62 g 68 125 i a 1 I I 1 I 1 1 1 1 1 I ZONE SPEEDS (MPH) 60 MPH ZONE LENGTHS (MILE) 2.909 ACCIDENTS R.O.W./RDBD. WIDTH 175 FT R.O.W. I150 FT R.O.W. I192 FT R.O.W. 1150 FT R.O.W. SUR. WIDTH AND TYPE 2 LANES W/ 10 FT SHOULDERS GRADE OVER 3% CURVES OVER 2° BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RURAL DISTRICT: DALLAS COUNTY: COLLIN MINUTE No.: DATE: LEGEND SPEED ZONE [J PARSONS REPLACES: DATE: 85 PERCENTILE SPEED COLLIN HIGHWAY: SH 78 CITY: WYLIE ® COUNTYro WAN Duos PAR.,.SUITE 500 o.LL.S.TEXAS T5240 :9n:991.1900 REPLACED BY: DATE: ®TOP SPEED MEASURED - CONT. 028I SEC. 02 DATE OF SURVEY: 05/06 SCALE: I" . 0.1 MILE CANCELED BY: DATE: ®NUMBER OF CARS CHECKED • = :� T 30 DRIVE THRU SPEED CHECKS—1 &_ -1pYEDFTEhS LIMITS OF ZONE ACCIDENT CODE .,,wu' c �- -s'- .xys41II' N Texas Department of Transportation SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY DAMAGE AW� ,G * SPEED ZONE MAP PERSONAL INJURY '� 11 STA. OR M.P. CONT. & SECT. PROJECT STA. OR M.P. CONT. &SECT. PROJECT 0 _ 1 ! YANG OUYONG 1 S H BEGINS BEGINS 40 FATAL ©w /' 11�4� r,I 85539 Pi 78 INDICATES SECTION ZONED �' :ii~xli" II xk'SFcsYEB7eC"- BY COMMISSION MINUTE _ ' ITO.IA;E = SHT 0 OF B STA. OR M.P. CONY. & SECT. PROJECT STA. OR M.P. CONE. & SECT. PROJECT SIGNALIZED INTERSECTION 78 - Designed: 2.0. .I6. sure uo59.,....4c,.a. .w., ENDS ENDS ALL WAY STOP CnecOea: J.B.P. TEXAS m - 2-WAY STOP 1 Drown: A.H.J.arm �*' �R4L :ono":o, File Nome: SH 78-AZ DAL COLLIN 0281 02 ,09 SH 78 SH 78/WYLIE DEVELOPMENT RURAL I RURAL RESIDENTIAL RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY SPEED CURVES OVER 2' GRADE OVER 3% SUR. WIDTH AND TYPE SEE BELOW R.O.W./RDBD. WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS (MILE) 2.909 ZONE SPEEDS (MPH) 60 MPH CONTROL SECTION WYLIE 0281-02 N 61 58 Q w 72 w TOWARD NORTH 0 e 125 65 w LAVON o 125 = w N w w N 0 0 0 0 o M _ _ _ N CL BEARINGS— — — — — — — — — — — —— — — — — — — — — — — — o a w z L., z_ TOWARD SOUTH 5 U SACHSE Q = 61 = 0 8 59 65 —.-- 70 --..-- 125 126 I 1 I 1 1 I I I I I ZONE SPEEDS (MPH) 60 MPH ZONE LENGTHS (MILE) 2.909 ACCIDENTS R.O.W./RDBD. WIDTH 150 FT R.O.W. 1120 FT R.O.W. SUR. WIDTH AND TYPE 2 LANES W/ 10 FT SHOULDERS GRADE OVER 3% CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RURAL I COMMERCIAL I RURAL DISTRICT: DALLAS COUNTY: COLLIN I MINUTE No.: DATE: LEGEND I SPEED ZONE (Lu'PARSONS REPLACES: DATE: COLLIN HIGHWAY: SH 78 CITY: WYLIE ®85 PERCENTILE SPEED REPLACED BY: DATE: gm TOP SPEED MEASURED IIII COUNTY CONT. 0281 SEC. 02 -15170 MOM DALLAS RAxx.xr;SUITE sao Duos,TEXAS zsue ism ssi-isoo DATE OF SURVEY: 05/06 SCALE: I" CANCELED BY: DATE: 0.) MILE NUMBER OF CARS CHECKED • 30 DRIVE THRU SPEED CHECKS —� ems, �_ -,\0E©rE sYls xas Department o� Trensportatl or I M I T S OF ZONE �CIDENT CODE SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY DAMAGE SPEED ZONE MAP ,.gy m * '''; STA. OR M.P. CONT. 6 SECT. PROJECT CO PERSONAL INJURY - .rn-..-x' -'11 STA. OR M.P. CONT. 6 SECT. PROJECT F ` YANG OUYNNG c- G FATAL m�' �, -�II?J::_ ,r' B5539 N-% J H 78 BEGINS BEGINS 4 li INDICATES SECTION ZONED lii '4' gST 4, BY COMMISSION MINUTE NU. Etss`p.A:ET( Des SHT 3 OF 8 STA. OR M.P. CONT. 4 SECT. PROJECT STA, OR M.P. CONT, &SECT. PROJECT -f SIGNALIZED INTERSECTION - vnea: Y. 'Hi ,n sun FEDERAL Ago PROJECT xo. , ENDS ENDS ALL WAY STOP 78 p Cneckea: J.B.P. ,T.�TEXAS caw .3c, T 2-WAY STOP 1 Drown: A.H.J.,, mwr. "'"'A• F::e Nan.: 5H 78-43 DAL) COLLIN 10281 w02 1 SR 78 SH 78/WYLIE (DEVELOPMENT RURAL RESIDENTIAL I RURAL , COMMERCIAL RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY.SPEED CURVES OVER 2° GRADE OVER 3% _ SUR. WIDTH AND TYPE SEE BELOW R.O.W./RDBD. WIDTH SEE BELOW ACCIDENTS I ZONE LENGTHS (MILE) 2.909 - j ZONE SPEEDS (MPH) 1.850 60 MPH , 50 MPH CONTROL SECTION 0281-02 WYLIE w 51 - TOWARD NORTH = 55 w LAVON w zs vl w w w N O 0 O O O N M CL BEARINGS-------- — — — — — — — — — — — — — — — — — E• w Z w Z J TOWARD SOUTH J U = SACHSE a m a 1.0 48 1 25 ZONE SPEEDS (MPH) 60 MPH - -- ZONE LENGTHS (MILE) 50 MPH 2.909 -I 1.850 ACCIDENTS R.O.W./RDBD. WIDTH 120 FT R.O.W. 1132 FT R.O.W. 1120 FT R.O.W. SUR. WIDTH AND TYPE 2 LANES W/ 10 FT SHOULDERS 14 CONC. LANES W/MEDIAN GRADE OVER 3% CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RURAL COMMERCIAL RURAL DISTRICT: DALLAS COUNTY: COLLIN (MINUTE No.: DATE: LEGEND ZONE __'' REPLACES: GATE: SPEED JIPARSONS HIGHWAY: SH 78 CITY: WYLIE I ®85 PERCENTILE SPEED COUNTS J ST REPLACED BY: DATE: ®TOP SPEED MEASURED .. COUNTY CONT. 0281 SEC. 02illi TN DALLAS PARKWAY;SUITE SDo DALLAS.TEXAS TsrA 197E1 9s:-ao0 DATE OF SURVEY: 05/06 SCALE: 1" = 0.1 MILE CANOE LED BY: DATE: ®NUMBER OF CARS CHECKED ro 30 DRIVE THRU SPEED CHECKS ZEoi A LIMITS OF ZONE o-'� =SIP,......e Y, ACCIDENT CODE sYI Texas Department of Transportation SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES O PROPERTY DAMAGE 7g * '*1, SPEED ZONE MAP STA. OR M.P. CONT. & SECT. PROJECT STA. OR M.P.] CONT. &SECT. PROJECT O PERSONAL INJURY40 i= YANG DUYHNG i BEGINS BEGINS FATAL C3 iT 85539 SH 78 ! _ INDICATES SECTION ZONED d"-m 1`� c618,-, BY COMMISSION MINUTE _ y� tY`;pp;E = SHY 4 OF 8 I STA. OR M.P. CONT. &SECT. PROJECT STA. OR M.P.I CONT. &SECT. PROJECT SIGNALIZED INTERSECTION 7B r- _ Desipnec: y,O, `II STATE ENDS ENDS ALL WAY STOP z;-'— Checked: ExAS .E� `.:o.AK, 0. J.B.P. s.4n 2-WAY STOP / \ Drawn: A.M.J.nisi"., K««„ m,�"°` °�a^^ '" Fi.e Name: OH 78-OR DAL COLLIN 0281 H02 I w OH 78 ! SH 78/WYLIE DEVELOPMENT CDMMERCIALI RURAL I COMMERCIAL RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY SPEED CURVES OVER 2' GRADE OVER 3% SUR. WIDTH AND TYPE SEE BELOW R.O.W./RDBD. WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS (MILE) 1.850 ZONE SPEEDS (MPH) 50 MPH CONTROL SECTION 0281-02 WYLIE 54 10 TOWARD NORTH N 2 f 625 = LAVONW = N 3D W eo N 0 O L 00 re; CL BEARINGS— — — — — — — — — — — — — — — — — — — -- — — — — — — — — — — — — O c W z w kk z J TOWARD SOUTH _ SACHSE 1 1 I I 1 I I I I I I ZONE SPEEDS (MPH) 50 MPH ZONE LENGTHS (MILE) 1.850 ACCIDENTS R.O.W./RDBD. WIDTH 120 FT R.O.W. 1140 FT R.O.W. I100 FT R.O.W. SUR. WIDTH AND TYPE 4 CONC. LANES W/MEDIAN GRADE OVER 3% CURVES OVER 2' BALL BANE OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RURAL] COMMERCIAL RURAL DISTRICT: DALLAS COUNTY: COLLIN MINUTE No.: DATE: LEGEND SPEED ZONE I PARSONS REPLACES: DATE: COLLIN IM HIGHWAY: OH 78 CITY: WYLIE ®85 PERCENTILE SPEED REPLACED BY: DATE: mg TOP SPEED MEASURED ' f COUNTY CONT. 0287 SEC. 02 , xosrx mus..miu,,wrtc sao o•us,roes rss.a urn ss,-rsoo (DATE OF SURVEY: 05/06 SCALE: 1- - 0.1 MILE CANCELED BY: DATE: ®NUMBER OF CARS CHECKED = ro 30 DRIVE THRU SPEED CHECKS Z -iplE pF iEsI LIMITS OF ZONE ACCIDENT CODE �— s' ',ys 11. Texas Department of Transportation SECTION ONE LENGTH: MILES SECTION TWO I LENGTH: MILES O PROPERTY DAMAGE e�m `,.1; SPEED ZONE MAP 0 PERSONAL INJURY SfE -';Y ,�1.� ,' .#, STA. OR M.P, CONT. & SECT. PROJECT STA. OR M.P. CONT. & SECT. PROJECT r , ',* r YANG DUYRNG BEGINS BEGINS • FATAL pw. �'�' 1�'"" %y 85539 SH 78 _ INDICATES SECTION ZONED �iT 111,'.'UO U?�,A*1 BY COMMISSION MINUTE _ t1 (1```,p;.w;`ENS' SHT 5 OF B STA. OR M.P. CONT. K SECT. PROJECT STA. OR M.P. CONT. &SECT. PROJECT 78 - Designed: Y.O. on"oi° sure eercs.e......... > SIGNALIZED INTERSECTION - ENDS ENDS $ ALL WAY STOP Checked: B.P. E �. TEXAS 5n = I e= 2-WAY STOP Drawn: A.H.J.o:sinew wwn ��noe aria p x:eM.. I Fite Nance: SH TV-45 DAL COLLIN 10281 02 ro SH 78 SH 78/WYLIE DEVELOPMENT RESTRICTED SIGHT DISTANCE COMMERCIAL !RESIDENTIAL BALL BANK OR ADVISORY SPEED CURVES OVER 2° GRADE OVER 3% SUR. WIDTH AND TYPE SEE BELOW R.O.W./RDBD. WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS (MILE) 1.650 ZONE SPEEDS (MPH) 1.000 50 MPH 40 MPH CONTROL SECTION 0281-02 WYLIE w i2 42 r TOWARD NORTH W I 49 w N 25 1261 w LAVON x w N i W W O m m (n O 0 O O N Q BEARINGS-------- — — — — — — — —— — — — — o a W Z W z TOWARD SOUTH m SACHSE I- U v 1- 45 p a 41 3 51 -..--2 8 48 -...- 125 126 ZONE SPEEDS (MPH/ I 50 MPH 40 MPH ZONE LENGTHS (MILE) 1.850 - 1.000 ACCIDENTS R,O.W./RDBD. WIDTH 100 FT R.O.W. I120 FT R.O.W. SUR. WIDTH AND TYPE 4 CONC. LANES W/MEDIAN GRADE OVER 37. CURVES OVER 2° BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RURAL I COMMERCIAL I RR TRACKS DISTRICT: DALLAS COUNTY: COLLIN 1MINUTE No.: DATE: SPEED ZONE_ _' REPLACES: GATE: LEGEND G E N D COLL IN S r D <O'`�E ���PARSONS HIGHWAY: SH 78 CITY: WYLIE2WI I XX 85 PERCENTILE SPEED REPLACED BY: DATE: ..-)XX TOP SPEED MEASURED COUNTY CONT. 0281 SEC. 02 I. ISTIO MOTH DA1u5 PARKWAY,SUITE SDD DAUAS,TEXAS 752.6 FR :,, DATE OF SURVEY: 05/O6 SCALE: 1" = 0.1 MILE CANCELED BY: DATE: IXXX NUMBER OF CARS CHECKED • LIMITSI T S OF ZONE DRIVE THRU SPEED CHECKS _1ptE0.'TEkY ACCIDENT CODE @ ?s T'., exes Deper tment of Trenspor to Cl on SECT ION ONE LENGTH: MILES SECTION TWO LENGTH: MILES O PROPERTY DAMAGE 78 l .Ro, SPEED ZONE MAP STA. OR M.P. CONT. &SECT.I PROJECT STA. OR M.P.I CONT. &SECT. PROJECT O PERSONAL INJURY i YANG OUYANG 41 r BEGINS I BEGINS FATAL % 85539 .�4e, SH 78 INDICATES SECTION ZONED Pl�q' GSTEµC5',P BY COMMISSION MINUTE _ ,-�- EK�S$pi.�- SHT 6 OF 8 STA. OR M.P. CONT. & SECT.I PROJECT STA. OR M.P. CONT. & SECT. PROJECT - Desionea: ED_ Wow s° :»-� SIGNALIZED INTERSECTION y,O, ENDS ENDS ALL WAY STOP 78 CnecKetl' B.c Pcrv. TEXAS `EDR.,.D«„WKT D. 2-WAY STOP 6 Drown: A,H.J.o si'En cow Kw::"I'Z''ft H1:" . '" Flee Nome: OH ON-06 DAL COLLIN 028) 02 SH 78 SH 78/WYLIE DEVELOPMENT IRESIDENTIAL I COMMERCIAL (UNDEVELOPED RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY SPEED CURVES OVER 2' GRADE OVER 3% SUR. WIDTH AND TYPE SEE BELOW R.O.W./RDBD. WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS (MILE) 1.000 - 1.104 ZONE SPEEDS (MPH) - 40 MPH 50 MPH CONTROL SECTION 0281-02 WYLIE 48 52 m TOWARD NORTH z 11526 1 f 629 LAVON w w Ln 0 0 0 0 uo trI ro CL BEARINGS-------- �— — — — — — — — — — — — — — — — — a z L, z_ TOWARD SOUTH = --I U = SACHSE U Q 1- m Q 49 m 72 --- Mg 25 1 1 1 1 1 SD1MPH 1 1 1 I ZONE SPEEDS (MPH) 40 MPH ZONE LENGTHS (MILE) 1.000 — 1.104 ACCIDENTS R.O.W./RDBD, WIDTH 120 FT R.O.W. I135 FT R.O.W. SUR. WIDTH AND TYPE 4 CONC. LANES W/MEDIAN 14 LN NO SHLOR. GRADE OVER 3% CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RR TRACKS (DISTRICT: DALLAS COUNTY: COLLIN IMINUTE No.: DATE: LEGEND ` I HIGHWAY: SH 76 CITY: WYLIE (REPLACES: DATE: XX 85 PERCENTILE SPEED 1 COLLIN SPEED ZONE PARSONS REPLACED BY: DATE: ®TOP SPEED MEASURED ' COUNTY CONT. 0281 SEC. 02 • RO i1G Rix O.LLRS R.Ragx:SOU 500 D0.0 yam u 5,TEXAS is:.e ss:- oo DATE OF SURVEY: 05/06 SCALE: 1" = 0.1 MILE CANCELED BY: DATE: ®NUMBER OF CARS CHECKED Mg 30 DRIVE THRU SPEED CHECKS—� i�W -'fEaF? L IMI T S OF ZONE ACCIDENT CODE ' 3r— r5�" E'r?shl Texas Department of Transportation SECTION ONE LENGTH: MILES SECTION TWO I LENGTH: MILES 0 PROPERTY DAMAGE IliFf1 SPEED ZONE MAP PERSONAL INJURY .4I2.1I 1 STA. OR M.P. CONT. & SECT. PROJECT STA. OR M.P. CONT. & SECT. PROJECT 0 ® i:;,ji;.;: !e YANG GUYANG *, SH 7 O BEGINS 41 FATAL �'-.i ,1"- t•z.I_- ' 8 BEGINS G' *, _II_-._L ,, B5539o,,; 1 _ INDICATES SECTION ZONED 111 R ss( 'HISYE ..,, BY COMMISSION MINUTE � - ti ��-- iYAWOMA E�'N SHT 7 OF 8 STA. OR M.P. CONT. & SECT. PROJECT STA. OR M.P. CONT. & SECT. PROJECT - Des ,.,E s.R SIGNALIZED INTERSECTION 78 Y.O. `oPv."w9 s FEDERAL ke. ENDS ENDS $ ALL WAY STOP c ecNea: B.P. exns 2-WAY STOP Nome: A.H.J.oNr. *r File Nm : 5H 78-O7 DAL COLLIN 10281�02a.0 SP 78 SH 78/WYLIE DEVELOPMENT UNDEVELOPED RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY SPEED CURVES OVER 2' GRADE OVER 3% SUR. WIDTH AND TYPE SEE BELOW R.O.W./RDBD. WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS (MILE) 1.104 ZONE SPEEDS (MPH) 50 MPH 45 MPH CONTROL SECTION 0281-02 WYLIE SACHSE 52 < TOWTH a! 625 L_AVON w w N O N O AD N CL BEARINGS—-—---—-- o = w z TOWARD SOUTH U SACHSE 49 57 --..-- 125 ZONE SPEEDS (MPH) 50 MPH 45 MPH ZONE LENGTHS (MILE) (.104 ACCIDENTS R.O.W./RDBD. WIDTH 135 FT R.O.W. SUR. WIDTH AND TYPE 4 LANES NO SHLOR.I4 LANES W/MEDIAN GRADE OVER 37. CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RR TRACKS DISTR IC is DALLAS COUNTY: COLLIN MINUTE No.: DATE: LEGEND SPEED ZONE '-tl j PARSONS HIGHWAY: SH 78 CITY: WYLIE REPLACES: DATE: EN85 PERCENTILE SPEED COLLIN REPLACED BY: DATE: nu TOP SPEED MEASURED .. COUNTY CONT. 0281 SEC. 02 Snu AxORTM DALLAS PARADAY.SUITE 500 onus,TEXAS ESTAS (STE,Sei-woo )DATE OF SURVEY: 05/06 !SCALE: I" . 0.1 MILE !CANCELED BY: DATE: ®NUMBER OF CARS CHECKED le 30 DRIVE THRU SPEED CHECKS—� _iPTErE AY%1 LIMITS OF ZONE o-� ACCIDENT CODE -5 �1 -9sI Texes Department of Transportation jSECTION ONE LENGTH: MILES I SECTION TWO LENGTH: MILES CD PROPERTY DAMAGE ',W� GV A F SPEED ZONE MAP P STA. OR M.P. CONT. &SECT. PROJECT Q PERSONAL INJURY IM 'R•..Y'.ill r'. STA. OR M.P. CONT. & SECT. PROJECT • r i FATAL — "il'II A' YRNG OUYRNG SH 78 BEGINS)I BEGINS ® • ���%;ii r1.-1 %, 85539 .ps --- I INDICATES SECTION ZONED �i1 .. 'I A TE 2sS"�' BY COMMISSION MINUTE I _ f —}t AA SSpr;�`�E = SHT 8 OF 8 STA. OR M.P. CONT. &SECT.( PROJECT STA. OR M.P.! CONT. & SECT. PROJECT Hi— SIGNALIZED INTERSECTION 78 - Des)Q eo: V.O. •N: S ENDS I ENDS -6- ALL WAY STOP /� - D C<tecY Y: J.B.P. TEXAS EA��1.ARR PROJECT MO eE - 2-WAY STOP / '� Drawn: A.H.J.Di A n l°b ! File Name: SH 78-08 DAL COLLIN 10281 TE02 m SH 78 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 4 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: July 27, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, issues surrounding the Wylie Economic Development Corporation (WEDC) for FY 2006—2007 Budget. Recommendation Motion to approve the Wylie Economic Development Corporation(WEDC) FY 2006—2007 Budget. Discussion On July 20, 2006, the Wylie Economic Development Corporation (WEDC) Board of Directors approved the FY 2006 — 2007 Budget as presented. Total available funds for FY 2006 — 2007 equal $1,777,703. Revenues include projected sales tax receipts of$1,136,130, interest earnings of$22,500, and rental income of$63,840. The WEDC fund balance as of 10-1-06 has been estimated at $555,233. As detailed in the attached budget worksheet, total Personnel Services are budgeted at $212,100 which represents a 20.1% increase over FY 2005 — 2006. This increase is primarily a result of the addition of an Administrative Assistant to the WEDC. Within Contractual Services, Incentives has been budgeted at $485,110. Of the total dollars budgeted, $137,925 represents previously negotiated incentive agreements with $347,189 available for future projects. Special Services ($124,950) represents an increased commitment of 117.95%. New programs impacting the increase are $65,000 for a strategic planning consultant and $27,450 for demolition of dilapidated facilities. Affecting both the Advertising ($20,000) and Travel, Training & Recruitment ($7,000) budgets will be the attendance by WEDC/City officials at the International Council of Shopping Centers in May 2007. Based upon the potential retail developments being proposed south of F.M. 544 between Wylie High School and the Murphy city limits, the WEDC Board believes Wylie must be more proactive in recruiting retailers. The aforementioned strategic plan will also focus on the attraction of new and expanded retail enterprises. Other Travel & Training by the WEDC will include Collin County Day ($3,000), and the Texas Economic Development Council annual and Page 1 of 2 Page 2 of 2 mid-year conferences for staff and 2 Board members ($5,500). Community Development ($51,500) represents attendance by WEDC staff, Board members, and invited guests to local and regional events which promote the Wylie community and the WEDC in their ultimate charge of promoting new and expanded business enterprise. Events which will be attended by the WEDC include the Christian Care Golf Tournament, events held by the Wylie Chamber of Commerce, the WISD Education Foundation Boots & Barbecue, Collin College Plain & Fancy Ball, Richardson Regional Hospital Gala, and the Care Center Golf Tournament and Taste of Wylie. Also budgeted within Community Development are funds dedicated to entertaining prospects at sporting events, a golf outing for the existing business community and those businesses and brokerage community, and a new program entitled Allies Day. Allies Day will be open to any and all businesses within the City of Wylie and will be designed to promote expansion programs available from the WEDC and show support for those businesses which have and continue to invest in Wylie. All programs and expenditures are governed by the WEDC Promotional Expenditures Policy passed on June 22, 2006 with supporting documentation and justification forms on file at the WEDC office. Also within Contractual Services are funds committed for Engineering—Architectural Serves ($67,950). Of the total, $20,000 is budgeted for surveying/subdividing of WEDC property on Martinez, and engineering and design of the reconstruction of Martinez. The WEDC has budgeted $205,000 for land acquisition. $180,000 will be utilized to purchase a third property on Cooper Drive with $25,000 available for earnest money should another property present itself throughout the year. In servicing past land acquisitions, the WEDC has budgeted $294,250 for debt service. Theses funds service the purchase on Industrial Court, the Ferrell property, the 25 acres on Martinez, and water, sewer, and street improvements to Martinez. Finally, the WEDC has budgeted $150,070 for Streets & Alleys. $90,000 is set aside for the reconstruction of Martinez with $60,000 for the relocation of overhead utilities on the WEDC Martinez tract. Of the entire budget Personnel Services represents 12% of total available funds with direct incentives and economic development projects representing 71%. Approved By Initial Date Department Director City Manager 7-27-2006 10,54 AM CITY OF WYLIE PAGE: 1 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP REVENUES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECK.) TAXES 4000-40210 SALES TAX _ 568,260 707,127 885,608 919,320 705,418 1,136,130 23.58 TOTAL TAXES 568,260 707,127 885,608 919,320 705,418 1,136,130 23.58 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0 2,198 0 0 0 0 0.00 4000 46110 ALLOCATED INTEREST EARNINGS 0 0 0 0 0 0 0.00 4000-46140 TEXPOOL INTEREST 1,264 1,802 5,418 10,000 4,026 0 ( 100.00) 4000-46143 LOGIC INTEREST 153 137 338 0 216 0 0.00 4000-46210 BANK MONEY MARKET INTEREST 1,142 78 9,380 0 6,791 22,500 0.00 TOTAL INTEREST INCOME 2,559 4,215 15,136 10,000 11,033 22,500 125.00 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 0 0 0 0 3,362 63,840 0.00 4000-48310 RECOVERY - PRIOR YEAR EXPEND 0 0 0 0 0 0 0.00 4000-48410 MISC INCOME 165 289,956 32 0 13,703 0 0.00 4000-48430 GAIN ON SALE OF PROPERTY 208,291 113,791 ( 279,301) 0 0 0 0.00 TOTAL MISCELLANEOUS INCOME 208,456 403,747 ( 279,269) 0 17,065 63,840 0.00 TOTAL REVNEUES 779,275 1,115,090 621,475 929,320 733,516 1,222,470 31.54 7-27-2006 10:54 AM CITY OF WYLIE PAGE: 2 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED % INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) PERSONNEL SERVICES 5611-51110 SALARIES 102,788 103,627 110,428 128,820 90,076 157,050 21.91 5611-51130 OVERTIME 0 0 0 0 0 0 0.00 5611-51140 LONGEVITY PAY 332 380 428 480 476 570 18.75 5611-51145 SICK LEAVE BUYBACK 779 935 992 1,290 1,288 1,710 32.56 5611-51160 CERTIFICATION INCENTIVE 0 0 0 0 0 0 0.00 5611-51170 PARAMEDIC INCENTIVE 0 0 0 0 0 0 0.00 5611-51210 CAR ALLOWANCE 8,417 8,470 8,432 8,400 6,623 8,400 0.00 5611-51230 CLOTHING ALLOWANCE 0 0 0 0 0 0 0.00 5611-51310 TMRS 9,928 10,751 12,003 12,150 7,753 14,930 22.88 5611-51410 HOSPITAL & LIFE INSURANCE 8,434 8,937 10,063 13,140 9,933 14,340 9.13 5611-51420 LONG-TERM DISABILITY 306 264 340 580 298 880 51.72 5611-51440 FICA 5,945 5,934 5,720 8,670 4,272 10,400 19.95 5611-51450 MEDICARE 1,572 1,585 1,692 2,020 1,373 2,430 20.30 5611-51470 WORKERS COMP PREMIUM 545 525 589 460 379 850 84.78 5611-51480 UNEMPLOYMENT COMP (TWC) 63 306 27 590 417 540 ( 8.47) TOTAL PERSONNEL SERVICES 139,108 141,715 150,713 176,600 122,887 212,100 20.10 SUPPLIES 5611-52010 OFFICE SUPPLIES 6,287 1,240 741 9,000 2,362 7,000 ( 22.22) 5611-52040 POSTAGE 12,949 434 457 440 29 1,720 290.91 5611-52130 TOOLS & EQUIPMENT 0 0 0 0 0 0 0.00 5611-52160 TOOLS/EQUIP- $100-$999.99 237 0 0 0 0 0 0.00 5611-52810 FOOD SUPPLIES 842 2,935 4,053 2,120 849 3,200 50.94 5611-52990 OTHER 0 0 0 500 237 0 ( 100.00) TOTAL SUPPLIES 20,314 4,609 5,252 12,060 3,476 11,920 ( 1.16) MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0 0 0 0 0 0 0.00 5611-54810 COMPUTER HARD/SOFTWARE 0 0 0 1,000 860 3,000 200.00 5611-54990 OTHER 0 0 0 5,020 3,970 0 ( 100.00) TOTAL MATERIALS FOR MAINTENANC 0 0 0 6,020 4,830 3,000 I 50.17) CONTRACTUAL SERVICES 5611-56030 INCENTIVES 378,285 300,283 477,170 486,130 225,691 485,110 ( 0.21) 5611-56040 SPECIAL SERVICES 24,804 28,576 156,614 57,330 52,076 124,950 117.95 5611-56080 ADVERTISING 2,655 9,879 13,474 53,350 22,104 50,500 ( 5.34) 5611-56090 COMMUNITY DEVELOPMENT 10,577 11,465 23,239 25,350 23,984 51,500 103.16 5611-56110 COMMUNICATIONS 1,142 1,156 1,677 2,840 2,111 6,020 111.97 5611-56180 RENTAL 0 0 0 2,650 • 0 17,100 545.28 5611-56210 TRAVEL AND TRAINING 7,144 10,489 1,991 11,790 7,228 31,350 165.90 5611-56220 PROFESSIONAL TRAINING 125 193 0 0 0 0 0.00 5611-56250 DUES & SUBSCRIPTIONS 4,270 5,074 5,131 5,270 5,300 6,380 21.06 5611-56310 INSURANCE 303 303 303 300 1,436 2,500 733.33 5611-56510 AUDIT AND LEGAL SERVICES 13,979 4,476 20,325 10,000 8,406 12,500 25.00 5611-56570 ENGINEERING - ARCHITECT SVCS 0 0 0 2,000 150 67,950 3,297.50 5611-56610 UTILITIES - ELECTRIC 0 0 0 650 0 3,000 361.54 TOTAL CONTRACTUAL SERVICES 443,283 371,893 699,924 657,660 348,486 858,860 30.59 7-27-2006 10:54 AM CITY OF WYLIE PAGE: 3 PROPOSED BUDGET WORKSHEET AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES ( 2005-2006 ) ( 2006-2007 ) 2002-2003 2003-2004 2004-2005 CURRENT Y-T-D REQUESTED PROPOSED S INCR. ACTUAL ACTUAL ACTUAL BUDGET ACTUAL BUDGET BUDGET (DECR.) DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 100,535 120,923 129,621 237,440 164,403 294,250 23.93 TOTAL DEBT SERVICE & CAP. REPL 100,535 120,923 129,621 237,440 164,403 294,250 23.93 CAPITAL OUTLAY 5611-58110 LAND 0 165,350 223,545 338,960 333,780 205,000 ( 39.52) 5611-58120 DEVELOPMENT FEES 0 0 0 5,280 5,920 25,000 373.48 5611-58210 STREETS & ALLEYS 0 0 324,688 0 0 150,070 0.00 5611-58810 COMPUTER HARD/SOFTWARE 500 2,083 553 1,180 1,171 1,500 27.12 5611-58830 FURNITURE & FIXTURES 0 0 0 900 0 10,000 1,011.11 5611-58995 CONTRA CAPITAL OUTLAY _ _ 0 ( 150,249) 0 0 0 0 0.00 TOTAL CAPITAL OUTLAY 500 17,184 548,786 346,320 340,870 391,570 13.07 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 0 11,990 12,000 13,450 8,591 6,000 ( 55.39) TOTAL OTHER FINANCING (USES) 0 11,990 . 12,000 13,450 8,591 6,000 ( 55.39) TOTAL DEVELOPMENT CORP-WEDC 703,741 668,313 1,546,295 1,449,550 993,543 1,777,700 22.64 TOTAL EXPENDITURES 703,741 668,313 1,546,295 1,449,550 993,543 1,777,700 22.64 REVENUE OVER/(UNDER) EXPENDITURES 75,534 446,777 ( 924,820) ( 520,230) ( 260,027) ( 555,230) 0.00 •*t END OF REPORT •"* it? Wylie City Council CITY F WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 5 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 3, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Resolution No. 2006-22(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2006-2007; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. Recommendation Consider and act upon Resolution No. 2006-22(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2006-2007; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. Discussion In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearings must be held if an entity's proposed tax rate exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 22, 2006. A 2nd public hearing is scheduled for August 29, 2006. The Council may not adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. This meeting must take place no less than three (3) days and no more than fourteen (14) days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 12, 2006. The proposed budget is based on a tax rate of$0.715 per $100 valuation. Any change in the proposed rate will require revision of the proposed budget. The City is required by law to follow certain meeting and notice (publication) guidelines as shown on the attached calendar excerpt from the "Truth in Taxation" guide. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Page 1 of 2 Page 2 of 2 Approved By Initial Date Department Director City Manager RESOLUTION NO. 2006-22(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2006-2007; ACCEPTING THE CALCULATION OF AN EFFECTIVE TAX RATE; ESTABLISHING DATES FOR PUBLIC HEARINGS ON THE PROPOSED PROPERTY TAX RATE; AND PROVIDING FOR THE PUBLICAITON AS PROVIDED BY THE TEXAS PROPERTY TAX CODE WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS, the proposed tax rate exceeds the effective tax rate and the Statute requires two public hearing in order to entitle the City Council to consider acceptance and adoption of an ordinance levying a proposed tax rate of$0.715 per$100 valuation; and WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides the specific procedures in which to consider the proposed tax rate; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Wylie, Texas, SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of $0.715 per$100 valuation as the proposed property tax rate for fiscal year 2006-2007. SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August 8, 2006, and accepted this resolution with a majority vote as follows: Mayor John Mondy YEA NAY ABSTAIN ABSENT Mayor Pro Tem Eric Hogue YEA NAY ABSTAIN ABSENT Councilmember Red Byboth YEA NAY ABSTAIN ABSENT Councilmember Richard White YEA NAY ABSTAIN ABSENT Councilmember Merrill Young YEA NAY ABSTAIN ABSENT Councilmember Earl Newsom YEA NAY ABSTAIN ABSENT Councilmember Carter Porter YEA NAY ABSTAIN ABSENT SECTION 3. Public hearings shall be held on August 22, 2006 and August 29, 2006, at 6:00 p.m. in the City Council Chambers at the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas,to receive public comment regarding the proposed tax rate. SECTION 4. The content and vote taken on this resolution shall be published in the official newspaper of the City as provided by the Texas Property Tax Code. DULY RESOLVED by the City Council of the City of Wylie, Texas, on this the 8th day of August 2006. John Mondy, Mayor Carole Ehrlich, City Secretary Resolution No.2005-22(R) 2006 Effective Tax Rate Worksheet Entity Name: City of Wylie Date: 08/1/2006 See pages 13 to 16 of the Texas Comptroller's 2006 Truth-in-Taxation Manual for an explanation of the effective tax rate. 1. 2005 total taxable value.Enter the amount of 2005 taxable value on the 2005 tax $1,600,912,126 roll today.Include any adjustments since last year's certification;exclude Section 25.25(d)one-third over-appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings(will deduct in line 2) and the captured value for tax increment financing(will deduct taxes in line 14). 2. 2005 tax ceilings. Counties,Cities and Junior College Districts.Enter 2005 total $40,028,085 taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled.Other units enter"0"If your taxing units adopted the tax ceiling provision in 2005 for homeowners age 65 or older or disabled,use this step. 3. Preliminary 2005 adjusted taxable value.Subtract line 2 from line 1. $1,560,884,041 4. 2005 total adopted tax rate.(/$100) 0.695000 5. 2005 taxable value lost because court appeals of ARB decisions reduced 2005 appraised value. A. Original 2005 ARB values: $7,125,259 B. 2005 values resulting from final court decisions: $6,862,759 C. 2005 value loss. Subtract B from A. $262,500 6. 2005 taxable value,adjusted for court-ordered reductions. Add line 3 and line $1,561,146,541 5C. 7. 2005 taxable value of property in territory the unit deannexed after January 1, $0 2005. Enter the 2005 value of property in deannexed territory. 8. 2005 taxable value lost because property first qualified for an exemption in 2006. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption,use the difference between the original exempted amount and the increased exempted amount. Do not include value lost due to freeport exemptions or tax abatements. A. Absolute exemptions. Use 2005 market value: $2,867,916 B. Partial exemptions.2006 exemption amount or 2006 percentage $2,917,988 exemption times 2005 value: C. Value loss. Add A and B. $5,785,904 9. 2005 taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1),timber appraisal,recreational/scenic appraisal or public access airport special appraisal in 2006. Use only those properties that first qualified in 2006;do not use properties that qualified in 2005. A. 2005 market value: $77,280 B. 2006 productivity or special appraised value: $896 C. Value loss. Subtract B from A. $76,384 10. Total adjustments for lost value.Add lines 7,8C and 9C. $5,862,288 11. 2005 adjusted taxable value. Subtract line 10 from line 6. $1,555,284,253 12. Adjusted 2005 taxes. Multiply line 4 by line 11 and divide by$100. $10,809,225 Truth In Taxation May 2006 Page: 1 2006 Effective Tax Rate Worksheet Entity Name: City of Wylie Date: 08/1/2006 13. Taxes refunded for years preceding tax year 2005. Enter the amount of taxes $31,586 refunded during the last budget year for tax years preceding tax year 2005. Types of refunds include court decisions,Section 25.25(b)and(c)corrections and Section 31.11 payment errors. Do not include refunds for tax year 2005. This line applies only to tax years preceding tax year 2005. 14. Taxes in tax increment financing(TIF)for tax year 2005. Enter the amount of $0 taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the unit has no 2006 captured appraised value in Line 16D,enter 15. Adjusted 2005 taxes with refunds. Add lines 12 and 13,subtract line 14. $10,840,811 16. Total 2006 taxable value on the 2006 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings(will deduct in line 18). These homesteads includes homeowners age 65 or older or disabled. A. Certified values only: $1,837,838,456 B. Counties:Include railroad rolling stock values certified by the $0 Comptroller's office: C. Pollution control exemption: Deduct the value of property exempted $0 for the current tax year for the first time as pollution control property (use this line based on attorney's advice): D. Tax increment financing: Deduct the 2006 captured appraised value $0 of property taxable by a taxing unit in a tax increment financing zone for which the 2006 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in line 21 below. E. Total 2006 value. Add A and B,then subtract C and D. $1,837,838,456 17. Total value of properties under protest or not included on certified appraisal roll. A. 2006 taxable value of properties under protest. The chief appraiser $0 certifies a list of properties still under ARB protest. The list shows the district's value and the taxpayer's claimed value,if any or an estimate of the value if the taxpayer wins. For each of the properties under protest,use the lowest of these values. Enter the total value. B. 2006 value of properties not under protest or included on certified $0 appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included at appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties,the chief appraiser includes the market value,appraised value and exemptions for the preceding year and a reasonable estimate of the market value,appraised value and exemptions for the current year. Use the lower market,appraised or taxable value(as appropriate). Enter the total value. C. Total value under protest or not certified. Add A and B. $0 18. 2006 tax ceilings. Enter 2006 total taxable value of homesteads with tax $52,248,720 ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other units enter"0."If your taxing units adopted the tax ceiling provision in 2005 for homeowners age 65 or older or disabled,use this step. 19. 2006 total taxable value. Add lines 16E and 17C. Subtract line 18. $1,785,589,736 Truth In Taxation May 2006 Page: 2 2006 Effective Tax Rate Worksheet Entity Name: City of Wylie Date: 08/1/2006 20. Total 2006 taxable value of properties in territory annexed after January 1.2005. $0 Include both real and personal property. Enter the 2006 value of property in territory annexed. 21. Total 2006 taxable value of new improvements and new personal property $155,522,122 located in new improvements. "New"means the item was not on the appraisal roll in 2005. An improvement is a building,structure,fixture or fence erected on or affixed to land. A transportable structure erected on its owner's land is also included unless it is held for sale or is there only temporarily. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the unit after January 1,2005 and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2006. New improvements do not include mineral interests produced for the first time,omitted property that is back assessed and increased appraisals on existing property. 22. Total adjustments to the 2006 taxable value. Add lines 20 and 21. $155,522,122 23. 2006 adjusted taxable value. Subtract line 22 from line 19. $1,630,067,614 24. 2006 effective tax rate. Divide line 15 by line 23 and multiply by$100.(/$100) 0.665052 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2006 county effective tax rate.(/$100) A county,city or hospital district that adopted the additional sales tax in August or November 2005 or in January or May 2006 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet on page 41 of the Texas Comptroller's 2006 Truth-in-Taxation Manual sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. Truth In Taxation May 2006 Page: 3 id! Wylie City Council CITY:F WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 6 Department: City Manager (City Secretary's Use Only) Prepared By: Mark B. Roath Account Code: Date Prepared: July 31, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2006-50 of the City of Wylie, Texas amending Ordinance No. 2005-41 (2005-2006 Annual Budget) and approving an appropriation of funds, in the amount of $4,000.00, for the purpose of purchasing furniture and equipment for the Mayor's Office. Recommendation Motion to approve Ordinance No. 2006-50 of the City of Wylie, Texas amending Ordinance No. 2005-41 and approving an appropriation of funds, in the amount of$4,000.00, for the purpose of purchasing furniture and equipment for the Mayor's Office. Discussion With the WEDC Executive Director relocating his office from the City Hall, Mayor John Mondy has requested that the office be furnished (see attached e-mail). The Attached Ordinance amends the budget to purchase the following items for the office: Item(s) Cost Desk $1,013.43 Credenza 850.22 Chair 175.01 (2) Guest Chairs 325.60 File Cabinet 135.12 Computer 1,200.00 Phone/Installation 300.00 TOTAL $3,999.38 Because of the delivery time for furniture, this Budget Amendment Ordinance is requested during this fiscal year as opposed to next fiscal year. Approved By Initial Date Department Director City Manager MBR 07/31/06 Page 1 of 1 Page 1 of 1 Mark Roath From: John Mondy [Mondyjs@msn.com] Sent: Tuesday, July 04, 2006 6:54 PM To: Mark Roath Subject: WEDC Office Not sure if/ when the WEDC plans on moving out of City hall, but for planning purposes budget for furniture and office equipment for the Mayor's office. jm 07/29/2006 ORDINANCE NO. 2006-50 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (FY 2005-2006 ANNUAL BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $4,000.00 FOR THE PURPOSE OF PURCHASING FURNITURE AND EQUIPMENT FOR THE MAYOR'S OFFICE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the FY 2005-2006 Annual Budget, adopted by Ordinance No. 2006-41 for the purpose of purchasing furniture and equipment for the Mayor's Office; WHEREAS, the City Council has further investigated and determined that the appropriations are needed; WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the FY 2005-2006 Annual Budget, adopted by Ordinance No. 2005-41, for the purpose of purchasing furniture and equipment for the Mayor's Office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2005-41 (FY 2005-2006 Annual Budget). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: That up to four thousand dollars and no/100 ($4,000.00) be expended for the purpose of purchasing furniture and equipment for the Mayor's Office. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. Ordinance No. 2006-50 Amending 2005-2006 BUDGET Page 1 SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 8th day of August, 2006. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Ordinance No. 2006-50 Amending 2005-2006 BUDGET Page 2 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 7 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 2, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2006-51, amending Ordinance No. 2005-41 (2005-2006 Annual Budget) to provide funds for Collin County Community College in the amount of $2,500; additional electricity in the amount of$75,000; a water rate study in the amount of$14,500; and asphalt work on West Brown Street in the amount of$293,700. Recommendation Motion to approve Ordinance No. 2006-51, amending Ordinance No. 2005-41 (2005-2006 Annual Budget) and approving an appropriation of funds for Collin County Community College Foundation in the amount of $2,500; additional electricity in the amount of$75,000; a water rate study in the amount of$14,500; and asphalt work on West Brown Street in the amount of$293,700. Discussion For FY 2005-2006, the Combined Services line item for Utilities Electric was budgeted at $100,000. These funds are the source of funding for electricity usage at all municipal buildings. The original budgeted funds have been expended. A budget amendment in the amount of$75,000 is requested to meet the anticipated needs for the balance of the fiscal year. The second request is for additional funding within the City Council's budget, Other —Non Profit line item of approximately $2,500. This is for the city's portion of a $5,000 commitment to Collin County Community College Foundation. This will be split between WEDC and the City. The expenditure was not included in the FY 2005-2006 original budget. The third item is to pay for the water rate study that has just been completed. While the contract was approved by Council, the fund to pay for the contract was never appropriated- $14,500. The fourth item is to pay for asphalt work on West Brown Street in the amount of$293,700. During the budget workshop this item was requested by Council. The total budget amendment amount equals $385,700.00. Page 1 of 2 Page 2 of 2 Approved By Initial Date Department Director City Manager ORDINANCE NO. 2006-51 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING ORDINANCE NO. 2005-41,WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2006; TO PROVIDE FUNDS FOR COLLIN COUNTY COMMUNITY COLLEGE FOUNDATION IN THE AMOUNT OF $2,500; ADDITIONAL ELECTRICTY IN THE AMOUNT OF $75,000 A WATER RATE STUDY IN THE AMOUNT OF $14,500; AND ASPHALT WORK ON WEST BROWN STREET IN THE AMOUNT OF $293,700; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2005-41 setting forth the Budget for Fiscal Year 2006 (FY2006) beginning October 1, 2005, and ending September 30, 2006; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determined if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2006 Budget, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY2006 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2005-41, as summarized in Exhibits A which is attached hereto and fully incorporated herein by reference, be, and the same hereby are, completely adopted and approved as amendments to the said FY2006 Budget. SECTION II: All portions of the existing FY2006 Budget and Ordinance No. 2005-41, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 8th day of August 2006. John Mondy, Mayor ATTEST: Carol Ehrlich, City Secretary Published in The Wylie News— Exhibit A General Fund Account Number Description Amount 100-5181-56610 Utilities Electric $75,000 611-5719-56040 Special Services $14,500 100-5411-58210 Streets &Alleys $293,700 100-5111-52290 Other- Non Profit $2,500 $385,700 Wylie City Council CIT_Mt Y OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 8 Department: City Manager (City Secretary's Use Only) Prepared By: Mark B. Roath Account Code: Date Prepared: August 2, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, AIA Document A121 — 2007 and AGC Document 565, AIA Document A201 - 1997, between the City of Wylie and Thos. S. Byrne, Ltd, related to construction management services for the new Library, City Hall and Recreation Center. Recommendation Motion to approve AIA Document A121-2007 and AGC Document 565, and AIA Document A201-1997 with Thos. S. Byrne, Ltd, related to construction management services for the new Library, City Hall and Recreation Center. Discussion The City Council selected Thos. S. Byrne, Ltd. as the construction manager for the new Library, City Hall and Recreation Center. Upon the Council's selection, the City Administration began the negotiation process for a contract, which is attached hereto. Approved By Initial Date Department Director City Manager MBR 08/02/06 Page 1 of 1 • • A Document A121 TMCMc - 2003 and AGC Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is Also the Constructor AGREEMENT made as of the 8th day of August in the year of 2006 (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name and address) completion.The author may also have revised the text of the original City of Wylie AIA standard form.An Additions and 2000 North Highway 78 Deletions Report that notes added Wylie,Texas 75098 information as well as revisions to the standard form text is available and the Construction Manager: from the author and should be (Name and address) reviewed.A vertical line in the left margin of this document indicates Thos. S.Byrne,Ltd. where the author has added 6600 LBJ Freeway necessary information and where Suite 175 the author has added to or deleted Dallas,Texas 75240 from the original AIA text. This document has important legal The Project is: consequences. Consultation with an (Name, address and brief description) attorney is encouraged with respect to its completion or modification. I City of Wylie City Hall,Library and Recreation Center The 1997 Edition of AIA Document A201,General Conditions of the Contract for Construction,is referred to herein.This Agreement requires The Architect is: modification if other general (Name and address) conditions are utilized. ARCHITEXAS—Architecture,Planning and Historic Preservation,Inc. 1907 Manilla Street Dallas,Texas 75201 The Owner and Construction Manager agree as set forth below: AIA Document A1211 mCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS §1.1 Relationship of the Parties §1.2 General Conditions ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES §2.1 Preconstruction Phase §2.2 Guaranteed Maximum Price Proposal and Contract Time §2.3 Construction Phase §2.4 Professional Services §2.5 Hazardous Materials ARTICLE 3 OWNER'S RESPONSIBILITIES §3.1 Information and Services §3.2 Owner's Designated Representative §3.3 Architect §3.4 Legal Requirements ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES §4.1 Compensation §4.2 Payments ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES §5.1 Compensation §5.2 Guaranteed Maximum Price §5.3 Changes in the Work ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE §6.1 Costs to Be Reimbursed §6.2 Costs Not to Be Reimbursed §6.3 Discounts,Rebates and Refunds §6.4 Accounting Records ARTICLE 7 CONSTRUCTION PHASE §7.1 Progress Payments §7.2 Final Payment ARTICLE 8 INSURANCE AND BONDS §8.1 Insurance Required of the Construction Manager §8.2 Insurance Required of the Owner §8.3 Performance Bond and Payment Bond ARTICLE 9 MISCELLANEOUS PROVISIONS §9.1 Dispute Resolution §9.2 Other Provisions ARTICLE 10 TERMINATION OR SUSPENSION §10.1 Termination Prior to Establishing Guaranteed Maximum Price §10.2 Termination Subsequent to Establishing Guaranteed Maximum Price §10.3 Suspension ARTICLE 11 OTHER CONDITIONS AND SERVICES AIA Document A121 T"CMc-2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) ARTICLE 1 GENERAL PROVISIONS §1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agreement,and covenants with the Owner to furnish the Construction Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner.The Construction Manager shall furnish construction administration and management services and use the Construction Manager's best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the Owner.The Owner shall endeavor to promote harmony and cooperation among the Owner,Architect,Construction Manager and other persons or entities employed by the Owner for the Project. §1.2 GENERAL CONDITIONS For the Construction Phase,the General Conditions of the contract shall be the AIA®Document A201T"-1997, General Conditions of the Contract for Construction,which is incorporated herein by reference.For the Preconstruction Phase,or in the event that the Preconstruction and Construction Phases proceed concurrently, A201T"_1997 shall apply to the Preconstruction Phase only as specifically provided in this Agreement.The term "Contractor" as used in A201TM-1997 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager shall perform the services described in this Article.The services to be provided under Sections 2.1 and 2.2 constitute the Preconstruction Phase services.If the Owner and Construction Manager agree, after consultation with the Architect,the Construction Phase may commence before the Preconstruction Phase is completed,in which case both phases will proceed concurrently. §2.1 PRECONSTRUCTION PHASE §2.1.1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements,each in terms of the other. §2.1.2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the Owner. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements and the selection of materials,building systems and equipment.The Construction Manager shall provide recommendations on construction feasibility;actions designed to minimize adverse effects of labor or material shortages;time requirements for procurement,installation and construction completion;and factors related to construction cost, including estimates of alternative designs or materials,preliminary budgets and possible economies. §2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Section 3.1.1 have been sufficiently identified,the Construction Manager shall prepare,and periodically update,a preliminary Project schedule for the Architect's review and the Owner's approval.The Construction Manager shall coordinate and integrate the preliminary Project schedule with the services and activities of the Owner,Architect and Construction Manager.As design proceeds,the preliminary Project schedule shall be updated to indicate proposed activity sequences and durations,milestone dates for receipt and approval of pertinent information,submittal of a Guaranteed Maximum Price proposal,preparation and processing of shop drawings and samples,delivery of materials or equipment requiring long-lead-time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority,and proposed date of Substantial Completion.If preliminary Project schedule updates indicate that previously approved schedules may not be met,the Construction Manager shall make appropriate recommendations to the Owner and Architect. §2.1.4 PHASED CONSTRUCTION The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work,if such phased construction is appropriate for the Project,taking into consideration such factors as economies,time of performance,availability of labor and materials,and provisions for temporary facilities. §2.1.5 PRELIMINARY COST ESTIMATES AIA Document A121 n1CMc—2003 and AGC Document 565.Copyright 01991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) (Paragraph deleted) §2.1.5.1 When the Project requirements have been sufficiently identified,the Construction Manager shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area,volume or similar conceptual estimating techniques. As the design process progresses from Schematic Design to Design Development,the Construction Manager shall refine the cost estimate to a line-item format,using CSI division categories to organize and improve the accuracy of the estimate. Upon completion of Design Development Phase, the Architect shall advise the Owner and Construction Manager that the design has progressed to sufficient detail to obtain a more accurate cost estimate. The Architect shall consult with the Construction Manager and assist the Construction Manager in the preparation of an accurate cost estimate. If the estimated Cost of the Work exceeds the Owner's approved budget,the Construction Manager together with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size,quality,design features,or budget. Accordingly,the Architect and the Construction Manager shall inform the Owner as to the adjustments finally adopted,and shall obtain written approval from the Owner before proceeding to the Construction Documents Phase. §2.1.5.2 When Schematic Design Documents have been prepared by the Architect and approved by the Owner,the Construction Manager shall prepare,for the review of the Architect and approval of the Owner,a more detailed estimate with supporting data.During the preparation of the Design Development Documents,the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner,Architect and Construction Manager. §2.1.5.3 When Design Development Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare a detailed estimate with supporting data for review by the Architect and approval by the Owner.During the preparation of the Construction Documents,the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner,Architect and Construction Manager. §2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget,the Construction Manager shall make appropriate recommendations to the Owner and Architect. §2.1.6 SUBCONTRACTORS AND SUPPLIERS The Construction Manager shall seek to develop subcontractor interest in the Project and shall furnish to the Owner and Architect for their information a list of possible subcontractors,including suppliers who are to furnish materials or equipment fabricated to a special design,from whom proposals will be requested for each principal portion of the Work.The Architect will promptly reply in writing to the Construction Manager if the Architect or Owner know of any objection to such subcontractor or supplier.The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed subcontractors or suppliers,nor shall it waive the right of the Owner or Architect later to object to or reject any proposed subcontractor or supplier. §2.1.7 LONG-LEAD-TIME ITEMS The Construction Manager shall recommend to the Owner and Architect a schedule for procurement of long-lead- time items which will constitute part of the Work as required to meet the Project schedule.If such long-lead-time items are procured by the Owner,they shall be procured on terms and conditions acceptable to the Construction Manager.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,all contracts for such items shall be assigned by the Owner to the Construction Manager,who shall accept responsibility for such items as if procured by the Construction Manager.The Construction Manager shall expedite the delivery of long-lead-time items. §2.1.8 EXTENT OF RESPONSIBILITY The Construction Manager does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price.The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner and the Owner's professional consultants.It is not the Construction Manager's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes,ordinances,building codes,rules and regulations.However,if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith,the Construction Manager shall promptly notify the Architect and Owner in writing. The Construction Manager shall certify to the Owner that the facility,to the best of his knowledge,has been constructed in accordance with the AIA Document A121 TuCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) Architect's construction documents. The certification shall be in a form which is acceptable to the Owner and Construction Manager. §2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION The Construction Manager shall comply with applicable laws,regulations and special requirements of the Contract Documents regarding equal employment opportunity and affirmative action programs. §2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME §2.2.1 When the Drawings and Specifications are sufficiently complete,the Construction Manager shall propose a Guaranteed Maximum Price,which shall be the sum of the estimated Cost of the Work and the Construction Manager's Fee. §2.2.2 As the Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is prepared,the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope,systems,kinds and quality of materials,finishes or equipment,all of which,if required,shall be incorporated by Change Order. §2.2.3 The estimated Cost of the Work shall include the Construction Manager's contingency,a sum established by the Construction Manager for the Construction Manager's exclusive use to cover costs arising under Section 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order. §2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which shall include: .1 A list of the Drawings and Specifications,including all addenda thereto and the Conditions of the Contract,which were used in preparation of the Guaranteed Maximum Price proposal. .2 A list of allowances and a statement of their basis. .3 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal to supplement the information contained in the Drawings and Specifications. .4 The proposed Guaranteed Maximum Price,including a statement of the estimated cost organized by trade categories,allowances,contingency,and other items and the Fee that comprise the Guaranteed Maximum Price. .5 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. §2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis.In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis,or both. §2.2.6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or before the date specified in the proposal for such acceptance and so notifies the Construction Manager,the Guaranteed Maximum Price proposal shall not be effective without written acceptance by the Construction Manager. §2.2.7 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed,the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work,except as the Owner may specifically authorize in writing. §2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal,the Guaranteed Maximum Price and its basis shall be set forth in Amendment No. 1.The Guaranteed Maximum Price shall be subject to additions and deductions by a change in the Work as provided in the Contract Documents,and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. AIA Document A121 TMCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) §2.2.9 The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in Amendment No. 1.Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner,Architect and Construction Manager.The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed-upon assumptions and clarifications. (Paragraph deleted) §2.2.10 The Guaranteed Maximum Price shall not include in the Cost of the Work any taxes from which the Owner is exempt by virtue of its status as a governmental entity,as specified in Article 3.6.1 to MA Document A201. In the event that the Contractor is required to pay or bear the burden of any new federal,state,or local tax,or if any rate increase of any existing tax(except a tax on net profits),as a result of any statute,court decision,written ruling, or regulation takes effect after the contract date,the Guaranteed Maximum Price shall be increased by the amount of the new tax,or tax increase. §2.3 CONSTRUCTION PHASE §2.3.1 GENERAL §2.3.1.1 The Construction Phase shall commence on the earlier of: (1) the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed,or (2) the Owner's first authorization to the Construction Manager to award a subcontract. §2.3.1.2 Other than services normally associated with Construction Manager's performance of the General Conditions,Construction Manager shall not perform any portions of the Work unless it has been awarded such portion in accordance with the same procedures imposed upon all other trade contractors or subcontractors,and then,only if the Owner has determined that the Construction Manager's bid or proposal provides the best value for the Owner. (Paragraph deleted) §2.3.2 ADMINISTRATION (Paragraph deleted) §2.3.2.1 All portions of the Work,other than minor work,site clean-up,etc.("General Conditions"),shall be performed by trade contractors or subcontractors,including Construction Manager,who have been selected using competitive bids or competitive sealed proposals. With the Owner's approval,the Construction Manager shall publicly advertise and solicit either competitive bids or competitive sealed proposals in accordance with the policies and procedures approved by Owner. On all portions of the Work for which the Construction Manager does not submit a bid or proposal,the Construction Manager and the Owner shall receive and open all trade contractor and subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process. On any portion of the Work for which the Construction Manager submits a bid or proposal,the Owner shall receive and open the trade contractors,subcontractors and Construction Manager bids or proposals,but shall not disclose the contents of the bids or proposals until the selection process therefor is completed. All bids or proposals shall be made public within fourteen(14)days after the date of final selection. §2.3.2.1.1 The Construction Manager shall furnish to Owner and Architect for the Owner's approval prior to any public advertisement or solicitation for the portion of the Work the evaluation criteria that the Construction Manager proposes to use in recommending qualified trade contractors or subcontractors for each portion of the Work that will provide the best value for the Owner. §2.3.2.2 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner and Architect(1)is recommended to the Owner by the Construction Manager;(2)is qualified to perform that portion of the Work;(3)has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions;and(4)offers the best value to AIA Document A121 T"CMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document Is protected by U.S.Copyright Law and International Treaties. s Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) the Owner,but the Owner requires that another bid be accepted,then the Construction Manager may require that a change in the Work be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. §2.3.2.3 Subcontracts and agreements with suppliers furnishing materials or equipment fabricated to a special design shall conform to the payment provisions of Sections 7.1.8 and 7.1.9 and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. §2.3.2.4 The Construction Manager shall schedule and conduct meetings at which the Owner,Architect, Construction Manager and appropriate Subcontractors can discuss the status of the Work.The Construction Manager shall prepare and promptly distribute meeting minutes. §2.3.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price proposal,the Construction Manager shall prepare a schedule in accordance with Section 3.10 of A201TM-1997,including the Owner's occupancy requirements. §2.3.2.6 The Construction Manager shall provide monthly written reports to the Owner and Architect on the progress of the entire Work.The Construction Manager shall maintain a daily log containing a record of weather, Subcontractors working on the site,number of workers,Work accomplished,problems encountered and other similar relevant data as the Owner may reasonably require.The log shall be available to the Owner and Architect. §2.3.2.7 The Construction Manager shall develop a system of cost control for the Work,including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect at regular intervals. §2.4 PROFESSIONAL SERVICES Section 3.12.10 of A201114-1997 shall apply to both the Preconstruction and Construction Phases. §2.5 HAZARDOUS MATERIALS Section 10.3 of A201TM-1997 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES §3.1 INFORMATION AND SERVICES §3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the Project, including a program which sets forth the Owner's objectives,constraints and criteria,including space requirements and relationships,flexibility and expandability requirements,special equipment and systems,and site requirements. I 3.1.2 Not Used §3.1.3 The Owner shall establish and update an overall budget for the Project,based on consultation with the Construction Manager and Architect,which shall include contingencies for changes in the Work and other costs which are the responsibility of the Owner. §3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS,SURVEYS AND REPORTS In the Preconstruction Phase,the Owner shall furnish the following with reasonable promptness and at the Owner's expense.Except to the extent that the Construction Manager knows of any inaccuracy,the Construction Manager shall be entitled to rely upon the accuracy of any such information,reports,surveys,drawings and tests described in Sections 3.1.4.1 through 3.1.4.4 but shall exercise customary precautions relating to the performance of the Work. §3.1.4.1 Reports,surveys,drawings and tests concerning the conditions of the site which are required by law. §3.1.4.2 Surveys describing physical characteristics,legal limitations and utility locations for the site of the Project, and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;adjacent drainage;rights-of-way, restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations, AIA Document A121 TMCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) dimensions and necessary data pertaining to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All information on the survey shall be referenced to a project benchmark. §3.1.4.3 The services of geotechnical engineers when such services are reasonably required by the Project and are requested by the Construction Manager. Such services may include but are not limited to test borings,test pits, determinations of soil bearing values,percolation tests,evaluations of hazardous materials,ground corrosion and resistivity tests,including necessary operations for anticipating subsoil conditions,with reports and appropriate professional recommendations. §3.1.4.4 Structural,mechanical,chemical,air and water pollution tests,tests for hazardous materials,and other laboratory and environmental tests,inspections and reports which are required by law. §3.1.4.5 The services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Construction Manager. §3.2 OWNER'S DESIGNATED REPRESENTATIVE The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization.This representative shall have the authority to make decisions on behalf of the Owner concerning estimates and schedules,construction budgets,and changes in the Work,and shall render such decisions promptly and furnish information expeditiously,so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1 of A201TM-1997,the Architect does not have such authority. §3.3 ARCHITECT The Owner shall retain an Architect to provide Services,including normal structural,mechanical and electrical engineering services,other than cost estimating services,described in the edition of AIA®Document B 141TM- 1997,Standard Form of Agreement Between Owner and Architect current as of the date of this Agreement.The Owner shall authorize and cause the Architect to provide those Services described in B141TM-1997,requested by the Construction Manager which must necessarily be provided by the Architect for the Preconstruction and Construction Phases of the Work.Such services shall be provided in accordance with time schedules agreed to by the Owner,Architect and Construction Manager.Upon request of the Construction Manager,the Owner shall furnish to the Construction Manager a copy of the Owner's Agreement with the Architect,from which compensation provisions may be deleted. §3.4 INSPECTION AND TESTING (Paragraph deleted) The Owner shall provide or contract for,independently of the Construction Manager,the inspection services,the testing of construction materials engineering and the verification testing services necessary for acceptance of the Work by Owner. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Preconstruction Phase services as follows: §4.1 COMPENSATION §4.1.1 For the services described in Sections 2.1 and 2.2,the Construction Manager's compensation shall be calculated as follows: Preconstruction services shall be compensated at a multiple of 1.15 of the direct personnel expenses and reimbursable expenses such as printing,travel,courier services,postage or any other expense directly related to these projects. AIA Document A121 TMCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) (State basis of compensation, whether a stipulated sum, multiple of Direct Personnel Expense, actual cost, etc. Include a statement of reimbursable cost items as applicable.) §4.1.2 Compensation for Preconstruction Phase Services shall be equitably adjusted if such services extend beyond (Intentionally left blank)( )days from the date of this Agreement or if the originally contemplated scope of services is significantly modified. §4.1.3 If compensation is based on a multiple of Direct Personnel Expense,Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged in the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto,such as employment taxes and other statutory employee benefits,insurance, sick leave,holidays,vacations,pensions and similar contributions and benefits. §4.2 PAYMENTS §4.2.1 Payments shall be made monthly following presentation of the Construction Manager's invoice and,where applicable,shall be in proportion to services performed. §4.2.2 Payments are due and payable Twenty-five ( 25 )days from the date the Construction Manager's invoice is received by the Owner.Amounts unpaid after the date on which payment is due shall bear interest at the rate entered below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon.) per annum (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Construction Manager for Construction Phase services as follows: §5.1 COMPENSATION §5.1.1 For the Construction Manager's performance of the Work as described in Section 2.3,the Owner shall pay the Construction Manager in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 6 and the Construction Manager's Fee determined as follows: Construction Manager's fee shall be Cost of Work plus Five and One half percent(5.5%);and change orders issued after the Guaranteed Maximum Price is established for each project shall have a fee of cost plus Seven(7%). (State a lump sum,percentage of actual Cost of the Work or other provision for determining the Construction Manager's Fee,and explain how the Construction Manager's Fee is to be adjusted for changes in the Work) §5.2 GUARANTEED MAXIMUM PRICE §5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction Manager not to exceed the amount provided in Amendment No. 1,subject to additions and deductions by changes in the Work as provided in the Contract Documents.Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price.Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. If the final cost and fee is below the Guaranteed Maximum Price,this savings shall be portioned Sixty(60%)to the Owner and Forty(40%)to the Construction Manager.The Construction Manager portion of the savings shall not exceed One(1%)of the Guaranteed Maximum Price amount. (Insert specific provisions if the Construction Manager is to participate in any savings.) AIA Document A121 TMCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document Is protected by U.S.Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) §5.3 CHANGES IN THE WORK §5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Amendment No. 1 may be determined by any of the methods listed in Section 7.3.3 of A201TM-1997. §5.3.2 In calculating adjustments to subcontracts(except those awarded with the Owner's prior consent on the basis of cost plus a fee),the terms "cost"and"fee"as used in Section 7.3.3 of A201 TM-1997 and the terms"costs"and"a reasonable allowance for overhead and profit"as used in Section 7.3.6 of A201 TM—1997 shall have the meanings assigned to them in that document and shall not be modified by this Article 5.Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. §5.3.3 In calculating adjustments to the Contract,the terms"cost"and"costs"as used in the above-referenced provisions of A201TM-1997 shall mean the Cost of the Work as defined in Article 6 of this Agreement,and the term "and a reasonable allowance for overhead and profit" shall mean the Construction Manager's Fee as defined in Section 5.1.1 of this Agreement. (Paragraph deleted) §5.3.4 In the case of changes in the Work,the fee will be adjusted as provided for in 5.1.1,if both parties agree that the scope of services has changed significantly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE §6.1 COSTS TO BE REIMBURSED §6.1.1 The term"Cost of the Work" shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the Owner.The Cost of the Work shall include only the items set forth in this Article 6. §6.1.2 LABOR COSTS .1 Wages of construction workers directly employed by the Construction Manager to perform minor work at the site or,with the Owner's agreement,at off-site workshops. .2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (Rows deleted) (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal office or offices other than the site office shall be included in the Cost of the Work, such personnel shall be identified below.) Classification Name Construction Manager Damon Norman Accounting Processing Informational Technology Processing .3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged, at factories,workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. .4 Costs paid or incurred by the Construction Manager for taxes,except taxes from which the Owner is exempt by virtue of its status as a governmental entity as specified in Article 3.6.1 of the AIA Document A201,insurance,contributions,assessments and benefits required by law or collective bargaining agreements,and,for personnel not covered by such agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided that such costs are based on wages and salaries included in the Cost of the Work under Sections 6.1.2.1 through 6.1.2.3. AIA Document A121 T""CMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:23:44 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (2872181923) §6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs,including transportation,of materials and equipment incorporated or to be incorporated in the completed construction. .2 Costs of materials described in the preceding Section 6.1.4.1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage.Unused excess materials,if any, shall be handed over to the Owner at the completion of the Work or,at the Owner's option,shall be sold by the Construction Manager;amounts realized,if any,from such sales shall be credited to the Owner as a deduction from the Cost of the Work. §6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT,TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs,including transportation,installation,maintenance,dismantling and removal of materials, supplies,temporary facilities,machinery,equipment,and hand tools not customarily owned by the construction workers,which are provided by the Construction Manager at the site and fully consumed in the performance of the Work;and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Construction Manager.Cost for items previously used by the Construction Manager shall mean fair market value. .2 Rental charges for temporary facilities,machinery,equipment and hand tools not customarily owned by the construction workers,which are provided by the Construction Manager at the site,whether rented from the Construction Manager or others,and costs of transportation,installation,minor repairs and replacements,dismantling and removal thereof.Rates and quantities of equipment rented shall be subject to the Owner's prior approval. .3 Costs of removal of debris from the site. .4 Reasonable reproduction costs,costs of telegrams,facsimile transmissions and long-distance telephone calls,postage and express delivery charges,telephone service at the site and reasonable petty cash expenses of the site office. .5 That portion of the reasonable travel and subsistence expenses of the Construction Manager's personnel incurred while traveling in discharge of duties connected with the Work with Owner's prior written approval. §6.1.6 MISCELLANEOUS COSTS .1 That portion directly attributable to this Contract of premiums for insurance and bonds. (If charges for self-insurance are to be included,specify the basis of reimbursement.) .2 Taxes which are related to the Work and for which the Construction Manager is liable,except this does not include taxes from which the Owner is exempt by virtue of its status as a governmental entity,as specified in Article 3.6.1 of AIA Document A201. .3 Fees and assessments for the building permit and for other permits,licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. .4 Fees of testing laboratories for tests required by the Contract Documents,except those related to nonconforming Work other than that for which payment is permitted by Section 6.1.8.2 with Owner's prior written approval. .5 Royalties and license fees paid for the use of a particular design,process or product required by the Contract Documents. .6 Data processing costs related to the Work. .7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement. .8 Legal,mediation and arbitration costs,other than those arising from disputes between the Owner and Construction Manager or arising from Construction Manager's intentional acts or intrusions, reasonably incurred by the Construction Manager in the performance of the Work and with the Owner's prior written permission,which permission shall not be unreasonably withheld. §6.1.7 OTHER COSTS .1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. AIA Document A121 T""CMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:Thls document is protected by U.S.Copyright Law and International Treaties. 11 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) §6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Section 6.1.1which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage,injury or loss in case of an emergency affecting the safety of persons and property,as provided in Section 10.6 of A201TM-1997. .2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers,provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this agreement of the Construction Manager or the Construction Manager's foremen,engineers or superintendents,or other supervisory,administrative or managerial personnel of the Construction Manager,or the failure of the Construction Manager's personnel to supervise adequately the Work of the Subcontractors or suppliers,and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance,Subcontractors or suppliers. §6.1.9 The costs described in Sections 6.1.1 through 6.1.8 shall be included in the Cost of the Work notwithstanding any provision of AIA or A201T1997 other Conditions of the Contract which may require the Construction Manager to pay such costs,unless such costs are excluded by the provisions of Section 6.2. §6.2 COSTS NOT TO BE REIMBURSED §6.2.1 The Cost of the Work shall not include: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office,except as specifically provided in Sections 6.1.2.2 and 6.1.2.3. .2 Expenses of the Construction Manager's principal office and offices other than the site office,except as specifically provided in Section 6.1. .3 Overhead and general expenses,except as may be expressly included in Section 6.1. .4 The Construction Manager's capital expenses,including interest on the Construction Manager's capital employed for the Work. .5 Rental costs of machinery and equipment,except as specifically provided in Section 6.1.5.2. .6 Except as provided in Section 6.1.8.2,costs due to the negligence of the Construction Manager or to the failure of the Construction Manger to fulfill a specific responsibility to the Owner set forth in this Agreement. .7 Costs incurred in the performance of Preconstruction Phase Services. .8 Except as provided in Section 6.1.7.1,any cost not specifically and expressly described in Section 6.1. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. §6.3 DISCOUNTS,REBATES AND REFUNDS §6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1) before making the payment,the Construction Manager included them in an Application for Payment and received payment therefor from the Owner,or(2)the Owner has deposited funds with the Construction Manager with which to make payments;otherwise,cash discounts shall accrue to the Construction Manager.Trade discounts,rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be secured. §6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Section 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. §6.4 ACCOUNTING RECORDS §6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract;the accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's accountants shall be afforded access to the Construction Manager's records,books,correspondence,instructions,drawings,receipts,subcontracts,purchase orders,vouchers, memoranda and other data relating to this Project,and the Construction Manager shall preserve these for a period of three years after final payment,or for such longer period as may be required by law. AIA Document A121 TMCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) ARTICLE 7 CONSTRUCTION PHASE §7.1 PROGRESS PAYMENTS §7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. §7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §7.1.3 Provided an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment to the Construction Manager not later than the Twenty-fifth day of the following month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than Twenty-five (25 )days after the Architect receives the Application for Payment. §7.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed(1)progress payments already received by the Construction Manager;less(2)that portion of those payments attributable to the Construction Manager's Fee;plus(3)payrolls for the period covered by the present Application for Payment. §7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work,except that the Construction Manager's Fee shall be shown as a single separate item.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Construction Manager's Applications for Payment. §7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed or(2)the percentage obtained by dividing (a)the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. §7.1.7 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute may be included as provided in Section 7.3.8 of A201TM-1997,even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing. .3 Add the Construction Manager's Fee,less retainage of Zero ( 0 ).The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Sections at the rate stated in Section 5.1.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the two preceding Sections bears to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of previous payments made by the Owner. AIA Document A121 TMCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document Is protected by U.S.Copyright Law and International Treaties. 13 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by MA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) .5 Subtract the shortfall,if any,indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's accountants in such documentation. .6 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of A201 TM-1997. §7.1.8 Except with the Owner's prior approval,payments to Subcontractors shall be subject to retention of not less than Ten ( 10% ).The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. §7.1.9 Except with the Owner's prior approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §7.1.10 In taking action on the Construction Manager's Applications for Payment,the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data,that the Architect has made exhaustive or continuous on-site inspections or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations,audits and verifications,if required by the Owner,will be performed by the Owner's accountants acting in the sole interest of the Owner. §7.2 FINAL PAYMENT §7.2.1 Final payment shall be made by the Owner to the Construction Manager when(1)the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work,as provided in Section 12.2.2 of A201TM-1997,and to satisfy other requirements,if any, which necessarily survive final payment;(2)a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner's accountants;and(3)a final Certificate for Payment has then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: §7.2.2 The amount of the final payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Construction Manager's final accounting and the Construction Manager's Fee,but not more than the Guaranteed Maximum Price. .2 Subtract amounts,if any,for which the Architect withholds,in whole or in part,a final Certificate for Payment as provided in Section 9.5.1 of A201TM-1997 or other provisions of the Contract Documents. .3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager,the Construction Manager shall reimburse the difference to the Owner. §7.2.3 The Owner's accountants will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager.Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting,and provided the other conditions of Section 7.2.1 have been met,the Architect will,within seven days after receipt of the written report of the Owner's accountants,either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of A201TM-1997.The time periods stated in this Section 7.2 supersede those stated in Section 9.4.1 of A201TM-1997. §7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager,the Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect.Pending a final resolution of the AIA Document A121""CMc—2003 and AGC Document 565.Copyright CO 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. §7.2.5 If,subsequent to final payment and at the Owner's request,the Construction Manager incurs costs described in Section 6.1 and not excluded by Section 6.2(1)to correct nonconforming Work or(2)arising from the resolution of disputes,the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee,if any,related thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price. ARTICLE 8 INSURANCE AND BONDS §8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project,the Construction Manager shall purchase and maintain insurance as set forth in Section 11.1 of A201TM-1997. (Paragraph deleted) (Paragraphs deleted) §8.3 PERFORMANCE BOND AND PAYMENT BOND §8.3.1 The Construction Manager shall (Insert"shall"or"shall not")furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder.Bonds may be obtained through the Construction Manager's usual source,and the cost thereof shall be included in the Cost of the Work.The amount of each bond shall be equal to the value of the individual project. §8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three days before the commencement of any Work at the Project site. ARTICLE 9 MISCELLANEOUS PROVISIONS §9.1 DISPUTE RESOLUTION §9.1.1 During both the Preconstruction and Construction Phases,Claims,disputes or other matters in question between the parties to this Agreement shall be resolved as provided in Sections 4.3 through 4.6 of A201 TM-1997 except that,during the Preconstruction Phase,no decision by the Architect shall be a condition precedent to mediation or arbitration. §9.2 OTHER PROVISIONS §9.2.1 Unless otherwise noted,the terms used in this Agreement shall have the same meaning as those in A201TM- 1997,General Conditions of the Contract for Construction. §9.2.2 EXTENT OF CONTRACT This Contract,which includes this Agreement and the other documents incorporated herein by reference,represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager.If anything in any document incorporated into this Agreement is inconsistent with this Agreement,this Agreement shall govern. §9.2.3 OWNERSHIP AND USE OF DOCUMENTS Article 1.6 of A201TM-1997 shall apply to both the Preconstruction and Construction Phases. §9.2.4 GOVERNING LAW The Contract shall be governed by the law of the State of Texas,and exclusive venue for any disputes shall be in Collin County. Performance of the construction required hereunder and payment therefore shall occur in Collin County. §9.2.5 ASSIGNMENT The Owner and Construction Manager respectively bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to partners,successors,assigns and legal representatives of such other party in respect to covenants,agreements and obligations contained in the Contract Documents.Except as provided AIA Document A121 TMCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) in Section 13.2.2 of A20111,4-1997,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. ARTICLE 10 TERMINATION OR SUSPENSION §10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE §10.1.1 Prior to execution by both parties of Amendment No. 1 establishing the Guaranteed Maximum Price,the Owner may terminate this Contract at any time without cause,and the Construction Manager may terminate this Contract for any of the reasons described in Section 14.1.1 of A201TM-1997. §10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 prior to commencement of the Construction Phase,the Construction Manager shall be equitably compensated for Preconstruction Phase Services performed prior to receipt of notice of termination;provided,however,that the compensation for such services shall not exceed the compensation set forth in Section 4.1.1. §10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Section 10.1 after commencement of the Construction Phase,the Construction Manager shall,in addition to the compensation provided in Section 10.1.2,be paid an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager. .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. .3 Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. Subcontracts,purchase orders and rental agreements entered into by the Construction Manager with the Owner's written approval prior to the execution of Amendment No. 1 shall contain provisions permitting assignment to the Owner as described above.If the Owner accepts such assignment,the Owner shall reimburse the Construction Manager with respect to all costs arising under the subcontract,purchase order or rental agreement except those which would not have been reimbursable as Cost of the Work if the contract had not been terminated.If the Owner elects not to accept the assignment of any subcontract,purchase order or rental agreement which would have constituted a Cost of the Work had this agreement not been terminated,the Construction Manager shall terminate such subcontract,purchase order or rental agreement and the Owner shall pay the Construction Manager the costs necessarily incurred by the Construction Manager by reason of such termination. §10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No. 1,the Contract may be terminated as provided in Article 14 of A201TM-1997. §10.2.1 In the event of such termination by the Owner,the amount payable to the Construction Manager pursuant to Section 14.1.3 of A201TM-1997 shall not exceed the amount the Construction Manager would have been entitled to receive pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. §10.2.2 In the event of such termination by the Construction Manager,the amount to be paid to the Construction Manager under Section 14.1.3 of A201 TM-1997 shall not exceed the amount the Construction Manager would have been entitled to receive under Sections 10.1.2 and 10.1.3 above,except that the Construction Manager's Fee shall be AIA Document A121 TMCMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and International Treaties. 16 Unauthorized reproduction or distribution of this document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) calculated as if the Work had been fully completed by the Construction Manager,including a reasonable estimate of the Cost of the Work for Work not actually completed. §10.3 SUSPENSION The Work may be suspended by the Owner as provided in Article 14 of A201TM-1997. I ARTICLE 11 OTHER CONDITIONS AND SERVICES This Agreement entered into as of the day and year first written above. OWNER CONST ION MAN (Signature) ( ignature) John Mondy,Mayor Keith Bjerke, Vice President/General Manager-Dallas T.S.Byrne Management,Inc. General Partner (Printed name and title) (Prink.d hame,and title) Date ate 6 " ,.��� ATTEST A ST �� 410 AIA Document A121 T"CMc—2003 and AGC Document 565.Copyright ©1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING:This document is protected by U.S.Copyright Law and international Treaties. 17 Unauthorized reproduction or distribution of this document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:56:43 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (3571358706) Document A201TM - 1997 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address): ADDITIONS AND DELETIONS: I City of Wylie City Hall,Library and Recreation Center The author of this document has added information needed for its completion.The author may also THE OWNER: have revised the text of the original (Name and address): AIA standard form.An Additions and City of Wylie Deletions Report that notes added 2000 North Highway 78 information as well as revisions to Wylie,Texas 75098 the standard form text is available from the author and should be THE ARCHITECT: reviewed.A vertical line in the left (Name and address): margin of this document indicates ARCHTTEXAS—Architecture,Planning and Historic Preservation,Inc. where the author has added 1907 Manilla Street necessary information and where Dallas,Texas 75201 the author has added to or deleted from the original AIA text. This document has important legal TABLE OF ARTICLES consequences. Consultation with an attorney is encouraged with respect 1 GENERAL PROVISIONS to its completion or modification. 2 OWNER This document has been approved and endorsed by The Associated General Contractors of America 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT AIA Document A201 n—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) INDEX 3.1.3,4.2,4.3.4,4.4,9.4,9.5 (Numbers and Topics in Bold are Section Headings) Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3,12.3 3.5.1,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.6 Access to Work Architect's Decisions 3.16,6.2.1,12.1 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, Accident Prevention 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 4.2.3, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Acts and Omissions Architect's Inspections 3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1, 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 9.5.1, 10.2.5, 13.4.2, 13.7, 14.1 Architect's Instructions Addenda 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2 1.1.1,3.11 Architect's Interpretations Additional Costs,Claims for 4.2.11,4.2.12,4.3.6 4.3.4,4.3.5,4.3.6,6.1.1, 10.3 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.8.3, 12.2.1, 13.5 Architect's Relationship with Contractor Additional Time,Claims for 1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 4.3.4,4.3.7,8.3.2 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, ADMINISTRATION OF THE CONTRACT 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 3.1.3,4,9.4,9.5 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Advertisement or Invitation to Bid 13.4.2, 13.5 1.1.1 Architect's Relationship with Subcontractors Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7 4.2.13,4.5.1 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3.8 Architect's Site Visits All-risk Insurance 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 11.4.1.1 13.5 Applications for Payment Asbestos 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 10.3.1 9.10, 11.1.3, 14.2.4, 14.4.3 Attorneys' Fees Approvals 3.18.1,9.10.2, 10.3.3 2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2, 13.4.2, 13.5 Award of Separate Contracts Arbitration 6.1.1,6.1.2 4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for 11.4.10 Portions of the Work Architect 5.2 4.1 Basic Definitions Architect,Definition of 1.1 4.1.1 Bidding Requirements Architect,Extent of Authority 1.1.1, 1.1.7,5.2.1, 11.5.1 2.4,3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6,7.4, Boiler and Machinery Insurance 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3, 12.1, 12.2.1, 11.4.2 13.5.1, 13.5.2, 14.2.2, 14.2.4 Bonds,Lien Architect,Limitations of Authority and 9.10.2 Responsibility Bonds,Performance,and Payment 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3, 11.4.9, 11.5 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, Building Permit 5.2.1,7.4,9.4.2,9.6.4,9.6.6 3.7.1 Architect's Additional Services and Expenses Capitalization 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion AlA Document A201 TM-1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) 9.8.3,9.8.4,9.8.5 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4, Certificates for Payment 4.6.6,9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 9.10.3, 13.7, 14.1.1.3, 14.2.4 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 4.3.4,8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 1.1.7,6.1.1,6.1.4 9.10.2, 11.1.3 Consent,Written Change Orders 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.12.8,4.2.8,4.3.4, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1,9.10.3, CONSTRUCTION BY OWNER OR BY 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive,Definition of CHANGES IN THE WORK 7.3.1 3.11,4.2.8,7,8.3.1,9.3.1.1, 11.4.9 Construction Change Directives Claim,Definition of 1.1.1,3.12.8,4.2.8,4.3.9,7.1,73,9.3.1.1 4.3.1 Construction Schedules,Contractor's Claims and Disputes 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 3.2.3,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3,9.10.4, Contingent Assignment of Subcontracts 10.3.3 5.4,14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 4.6.5 4.3.3 Claims for Additional Cost Contract,Definition of 3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8, 10.3.2 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR 3.2.3,4.3.4,4.3.7,6.1.1,8.3.2, 10.3.2 SUSPENSION OF THE Claims for Concealed or Unknown Conditions 5.4.1.1, 11.4.9, 14 4.3.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, Contract Award and Execution,Conditions Relating 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1, 11.1.3, 11.4.6, 11.5.1 4.4.1,4.5.1,4.6.1 Contract Documents,The Cleaning Up 1.1,1.2 3.15,6.3 Contract Documents,Copies Furnished and Use of Commencement of Statutory Limitation Period 1.6,2.2.5,5.3 13.7 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2.2.1,3.2.1,3.4.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, Guaranteed Maximum Price 5.2.3,6.2.2,8.1.2,8.2.2,8.3.1, 11.1, 11.4.1, 11.4.6, 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1,9.4.2, 11.5.1 9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Commencement of the Work,Definition of Guaranteed Maximum Price,Definition of 8.1.2 9.1 Communications Facilitating Contract Contract Time Administration 4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2, 3.9.1,4.2.4 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2 Completion,Conditions Relating to Contract Time,Definition of 1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 8.1.1 9.9.1,9.10, 12.2, 13.7, 14.1.2 CONTRACTOR COMPLETION,PAYMENTS AND 3 9 Contractor,Definition of Completion,Substantial 3.1,6.1.2 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, Contractor's Construction Schedules 9.10.4.2, 12.2, 13.7 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Compliance with Laws Contractor's Employees AIA Document A201 TM'—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0925:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 6.2.5,3.14 11.1.1, 11.4.7, 14.1, 14.2.1.1, Damage to Construction of Owner or Separate Contractor's Liability Insurance Contractors 11.1 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, Contractor's Relationship with Separate Contractors 11.4, 12.2.4 and Owner's Forces Damage to the Work 3.12.5,3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12.2.4 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Contractor's Relationship with Subcontractors Damages,Claims for 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.4.1.2, 11.4.7, 11.4.8 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Contractor's Relationship with the Architect Damages for Delay 1.1.2, 1.6, 3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 3.7.3,3.10,3.11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2, Date of Commencement of the Work,Definition of 4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4, 8.1.2 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, Date of Substantial Completion,Definition of 13.4.2, 13.5 8.1.3 Contractor's Representations Day,Definition of 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 8.1.4 Contractor's Responsibility for Those Performing the Decisions of the Architect Work 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 10 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Contractor's Review of Contract Documents Decisions to Withhold Certification 1.5.2,3.2, 3.7.3 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, 9.7 Rejection and Correction of Contractor's Right to Terminate the Contract 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 4.3.10, 14.1 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Contractor's Submittals Defective Work,Definition of 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, 3.5.1 9.8.2,9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3, 11.5.2 Definitions Contractor's Superintendent 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 3.9, 10.2.6 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1, 9.1,9.8.1 Contractor's Supervision and Construction Delays and Extensions of Time Procedures 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, 1.2.2,3.3, 3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.2.4,7.1.3,7.3.4,7.3.6,8.2, 10, 12, 14 Disputes Contractual Liability Insurance 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 11.1.1.8, 11.2, 11.3 Documents and Samples at the Site Coordination and Correlation 3.11 1.2, 1.5.2, 3.3.1,3.10,3.12.6,6.1.3,6.2.1 Drawings,Definition of Copies Furnished of Drawings and Specifications 1.1.5 1.6,2.2.5,3.11 Drawings and Specifications,Use and Ownership of Copyrights 1.1.1, 1.3,2.2.5,3.11,5.3 1.6,3.17 Effective Date of Insurance Correction of Work 8.2.2, 11.1.2 2.3,2.4,3.7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, Emergencies 12.2, 13.7.1.3 4.3.5, 10.6, 14.1.1.2 Correlation and Intent of the Contract Documents Employees,Contractor's 1.2 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Cost,Definition of 11.1.1, 11.4.7, 14.1, 14.2.1.1 7.3.6 Equipment,Labor,Materials and Costs 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2, 10.3.2, 10.5, 11.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 4 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, Insurance,Project Management Protective 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, Liability 8.2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.3 Extensions of Time Insurance,Property 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1, 10.2.5,11.4 9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance,Stored Materials Failure of Payment 9.3.2, 11.4.1.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 INSURANCE AND BONDS Faulty Work 11 (See Defective or Nonconforming Work) Insurance Companies,Consent to Partial Occupancy Final Completion and Final Payment 9.9.1, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Insurance Companies, Settlement with 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 11.4.10 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.2.2, 14.1.1.5 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Fire and Extended Coverage Insurance Interest 11.4 13.6 GENERAL PROVISIONS Interpretation 1 1.2.3, 1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Governing Law Interpretations,Written 13.1 4.2.11,4.2.12,4.3.6 Guarantees(See Warranty) Joinder and Consolidation of Claims Required Hazardous Materials 4.6.4 10.2.4, 10.3, 10.5 Judgment on Final Award Identification of Contract Documents 4.6.6 1.5.1 Labor and Materials,Equipment Identification of Subcontractors and Suppliers 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 5.2.1 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, Indemnification 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 3.17,3.18,9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Labor Disputes Information and Services Required of the Owner 8.3.1 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, Laws and Regulations 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, Injury or Damage to Person or Property 13.5.2, 13.6, 14 4.3.8,10.2,10.6 Liens Inspections 2.1.2,4.4.8,8.2.2,9.3.3,9.10 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, Limitation on Consolidation or Joinder 9.8.3,9.9.2,9.10.1, 12.2.1, 13.5 4.6.4 Instructions to Bidders Limitations,Statutes of 1.1.1 4.6.3, 12.2.6, 13.7 Instructions to the Contractor Limitations of Liability 3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7, 12,8.2.2, 13.5.2 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18, Insurance 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, 3.18.1,6.1.1,7.3.6,8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 9.10.5, 11 Limitations of Time Insurance,Boiler and Machinery 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 11.4.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, Insurance,Contractor's Liability 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 11.1 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, Insurance,Effective Date of 13.7, 14 8.2.2, 11.1.2 Loss of Use Insurance Insurance,Loss of Use 11.4.3 11.4.3 Material Suppliers Insurance,Owner's Liability 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 11.2 Materials,Hazardous 10.2.4, 10.3, 10.5 AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) Materials,Labor,Equipment and 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1, 3.12.10,3.14.2,4.1.2, 1.1.3, 1.1.6, 1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.2 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, Means,Methods,Techniques,Sequences and 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Procedures of Construction Owner's Financial Capability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 2.2.1, 13.2.2, 14.1.1.5 Mechanic's Lien Owner's Liability Insurance 4.4.8 11.2 Mediation Owner's Loss of Use Insurance 4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1, 10.5 11.4.3 Minor Changes in the Work Owner's Relationship with Subcontractors 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Carry Out the Work 13 2.4,12.2.4.14.2.2.2 Modifications,Definition of Owner's Right to Clean Up 1.1.1 6.3 Modifications to the Contract Owner's Right to Perform Construction and to 1.1.1, 1.1.2,3.7.3,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1, Award Separate Contracts 9.7, 10.3.2, 11.4.1 6.1 Mutual Responsibility Owner's Right to Stop the Work 6.2 2.3 Nonconforming Work,Acceptance of Owner's Right to Suspend the Work 9.6.6,9.9.3,12.3 14.3 Nonconforming Work,Rejection and Correction of Owner's Right to Terminate the Contract 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 14.2 12.2.1, 13.7.1.3 Ownership and Use of Drawings,Specifications Notice and Other Instruments of Service 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10, 10.2.2, 11.1.3, Partial Occupancy or Use 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 9.6.6,9.9, 11.4.1.5 Notice,Written Patching,Cutting and 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 3.14,6.2.5 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Patents 12.2.2, 12.2.4, 13.3, 14 3.17 Notice of Testing and Inspections Payment,Applications for 13.5.1, 13.5.2 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, Notice to Proceed 9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3 8.2.2 Payment,Certificates for Notices,Permits,Fees and 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 2.2.2,3.7,3.13,7.3.6.4, 10.2.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations,Contractor's Payment,Failure of 1.5.2,3.2,3.7.3,4.3.4 4.3.6,9.5.1.3,9.7,9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Occupancy Payment,Final 2.2.2,9.6.6,9.8, 11.4.1.5 4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, Orders,Written 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, Payment Bond,Performance Bond and 13.5.2, 14.3.1 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 OWNER Payments,Progress 2 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 Owner,Definition of PAYMENTS AND COMPLETION 2.1 9 Owner,Information and Services Required of the Payments to Subcontractors 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 11.4.8, 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 14.2.1.2 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 PCB Owner's Authority 10.3.1 AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized a reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) Performance Bond and Payment Bond Review of Contractor's Submittals by Owner and 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 Architect Permits,Fees and Notices 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 2.2.2,3.7,3.13,7.3.6.4, 10.2.2 Review of Shop Drawings,Product Data and PERSONS AND PROPERTY,PROTECTION Samples by Contractor OF 3.12 10 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, Polychlorinated Biphenyl 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 10.3.1 12.2.2, 12.2.4,13.4, 14 Product Data,Definition of Royalties,Patents and Copyrights 3.12.2 3.17 Product Data and Samples,Shop Drawings Rules and Notices for Arbitration 3.11,3.12,4.2.7 4.6.2 Progress and Completion Safety of Persons and Property 4.2.2,4.3.3,8.2,9.8,9.9.1, 14.1.4 10.2,10.6 Progress Payments Safety Precautions and Programs 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 3.3.1,4.2.2,4.2.7,5.3.1, 10.1, 10.2, 10.6 Project,Definition of the Samples,Definition of 1.1.4 3.12.3 Project Management Protective Liability Samples,Shop Drawings,Product Data and Insurance 3.11,3.12,4.2.7 11.3 Samples at the Site,Documents and Project Manual,Definition of the 3.11 1.1.7 Schedule of Values Project Manuals 9.2,9.3.1 2.2.5 Schedules, Project Representatives 1.4.1.2,3.10,3.Construction12.1,3.12.2,4.3.7.2, 4.2.10 6.1.3 Property Insurance Separate Contracts and Contractors 10.2.5,11.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, PROTECTION OF PERSONS AND PROPERTY 11.4.7, 12.1.2, 12.2.5 10 Shop Drawings,Definition of Regulations and Laws 3.12.1 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, Shop Drawings,Product Data and Samples 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 3.11,3.12,4.2.7 13.5.2, 13.6, 14 Site,Use of Rejection of Work 3.13,6.1.1,6.2.1 3.5.1,4.2.6, 12.2.1 Site Inspections Releases and Waivers of Liens 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5 9.10.2 Site Visits,Architect's Representations 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, Special Inspections and Testing 9.8.2,9.10.1 4.2.6, 12.2.1, 13.5 Representatives Specifications,Definition of the 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 1.1.6 13.2.1 Specifications,The Resolution of Claims and Disputes 1.1.1,1.1.6, 1.1.7, 1.2.2, 1.6,3.11,3.12.10,3.17 4.4,4.5,4.6 Statute of Limitations Responsibility for Those Performing the Work 4.6.3, 12.2.6, 13.7 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Stopping the Work 10 2.3,4.3.6,9.7, 10.3, 14.1 Retainage Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Review of Contract Documents and Field Subcontractor,Definition of Conditions by Contractor 5.1.1 1.5.2,3.2,3.7.3,3.12.7,6.1.3 SUBCONTRACTORS AIA Document A201 nA-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This A1A®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) 5 TERMINATION OR SUSPENSION OF THE Subcontractors,Work by CONTRACT 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 14 9.6.7 Tests and Inspections Subcontractual Relations 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 5.3,5.4,9.3.1.2,9.6,9.10 10.2.1,11.4.7,11.4.8,14.1, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 14.2.1,14.3.2 TIME Submittals 8 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, Time,Delays and Extensions of 9.3,9.8,9.9.1,9.10.2,9.10.3, 11.1.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, Subrogation,Waivers of 7.4.1,8.3,9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2 6.1.1, 11.4.5,11.4.7 Time Limits Substantial Completion 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,7.4, 9.10.4.2, 12.2, 13.7 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, Substantial Completion,Definition of 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 9.8.1 13.7, 14 Substitution of Subcontractors Time Limits on Claims 5.2.3,5.2.4 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6 Substitution of Architect Title to Work 4.1.3 9.3.2,9.3.3 Substitutions of Materials UNCOVERING AND CORRECTION OF 3.4.2,3.5.1,7.3.7 WORK Sub-subcontractor,Definition of 12 5.1.2 Uncovering of Work Subsurface Conditions 12.1 4.3.4 Unforeseen Conditions Successors and Assigns 4.3.4,8.3.1, 10.3 13.2 Unit Prices Superintendent 4.3.9,7.3.3.2 3.9,10.2.6 Use of Documents Supervision and Construction Procedures 1.1.1, 1.6,2.2.5,3.12.6,5.3 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, Use of Site 6.2.4,7.1.3,7.3.6,8.2,8.3.1,9.4.2, 10, 12, 14 3.13,6.1.1,6.2.1 Surety Values,Schedule of 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3, 14.2.2 9.2,9.3.1 Surety,Consent of Waiver of Claims by the Architect 9.10.2,9.10.3 13.4.2 Surveys Waiver of Claims by the Contractor 2.2.3 4.3.10,9.10.5, 11.4.7, 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Owner 14.4 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, Suspension of the Work 12.2.2.1, 13.4.2, 14.2.4 5.4.2, 14.3 Waiver of Consequential Damages Suspension or Termination of the Contract 4.3.10,14.2.4 4.3.6,5.4.1.1, 11.4.9, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.6.4 Waivers of Subrogation Termination by the Contractor 6.1.1, 11.4.5,11.4.7 4.3.10, 14.1 Warranty Termination by the Owner for Cause 3.5,4.2.9,43.53,9.33,9.8.4,9.9.1,9.10.4,12.2.2, 4.3.10,5.4.1.1, 14.2 13.7.1.3 Termination of the Architect Weather Delays 4.1.3 4.3.7.2 Termination of the Contractor Work,Definition of 14.2.2 1.1.3 Written Consent AIA Document A201" —1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized rt reproduction or distribution of this AleDocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0925:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) 1.6,3.4.2, 3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, Written Interpretations 12.2.2, 12.2.4,13.3, 14 4.2.11,4.2.12,4.3.6 Written Orders Written Notice 1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 9 reproduction or distribution of this Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) ARTICLE 1 GENERAL PROVISIONS §1.1 BASIC DEFINITIONS §1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor(hereinafter the Agreement), Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include other documents such as bidding requirements(advertisement or invitation to bid,Instructions to Bidders,sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). §1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Contractor,(2)between the Owner and a Subcontractor or Sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other than the Owner and Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. §1.1.3 THE WORK The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. §1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. §1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details,schedules and diagrams. §1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. §1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements,sample forms,Conditions of the Contract and Specifications. §1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §1.2.1.1 Should Drawings disagree in themselves or with Specifications and are not clarified by addendum,the better quality or greater amount of Work or materials shall be estimated upon and,unless otherwise ordered by Architect in writing,shall be performed and furnished. Figures given on Drawings govern scale measurements,and large-scale details govern small scale drawings. §1.2.1.2 The most recently issued document in accordance with Article 7 herein takes precedence over previously issued forms of the same document. If an item is shown one place in the Drawings,but not another,or called for in AIA Document A201 TM-1997.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 1n reproduction or distribution of this AIAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) a schedule or the Specifications but not shown on the Drawings,it is to be included. The order of precedence of the Contract Documents is as follows with the highest authority listed first: a. Addendum to Standard Form of Agreement; b. The Agreement(except as expressly modified by any Addenda); c. Addenda; d. Supplementary Conditions of the Contract for Construction and other Division 1 Requirements of the Specifications; e. General Conditions;and f. Drawings and Specifications(other than the Supplementary Conditions and other Division 1 Requirements contained in the Specifications). §1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. §1.2.3 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. §1.2A Specifications determine nature and setting, workmanship and quality of materials;Drawings establish the design,quantities,dimensions and details;schedules give locations. §1.2.5 Similar conditions may be illustrated by a single detailed drawing. The drawing may be subject to minor adjustments as directed by the Architect to satisfy exact and specific conditions. If discrepancies appear,Contractor shall request interpretation from the Architect prior to proceeding with the Work. Contractor shall not make such interpretations by himself,except at his own risk,responsibility and expense. §1.3 CAPITALIZATION §1.3.1 Terms capitalized in these General Conditions include those which are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. §1.4 INTERPRETATION §1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any" and articles such as"the" and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 EXECUTION OF CONTRACT DOCUMENTS §1.5.1 The Contract Documents shall be signed by the Owner and Contractor.If either the Owner or Contractor or both do not sign all the Contract Documents,the Architect shall identify such unsigned Documents upon request. §1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §1.5.2.1 Contractor shall fully acquaint itself with all above ground,visible existing conditions and limitations affecting the Work,including(without limitation)all property lines,visible utility locations,existing improvements, elevations,and site and local conditions. All dimensions and clearances necessary to the Work,as indicated on the Drawings and contained in the Specifications,shall be verified by Contractor at the job site and Contractor shall report any discrepancies to the Architect for adjustment before any Work affected thereby is prosecuted.The Contractor and each Subcontractor shall evaluate and satisfy themselves as to the above ground,visible conditions and limitations under which the Work is to be performed,including,without limitation(1)the location,condition, layout and nature of the Project site and surrounding areas,(2)generally prevailing climatic conditions,(3) anticipated labor supply and costs,and(4)availability and cost of materials,tools and equipment.The Owner assumes no responsibility or liability for the safety of the Project site.The Contractor shall be solely responsible for providing a safe place for the performance of the Work.The Owner shall not be required to make any adjustment in AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 1.1 reproduction or distribution of this AleDocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) either the Contract Sum or Contract Time in connection with any failure by the Contractor or any Subcontractor to comply with the requirements of this Subparagraph. §1.5.2.2 By execution of this Agreement,Construction Manager specifically acknowledges and declares that the Contract Documents are sufficient to have enabled it to determine the Guaranteed Maximum Price,and that the Drawings and Specifications are sufficient to enable Construction Manager to properly construct the Work in accordance with the Contract Documents,and otherwise to fulfill all of its obligations under the Contract Documents.Construction Manager shall carefully study and compare all existing conditions,Drawings, Specifications,and other Contract Documents;shall verify all figures on the Drawings before laying out the Work; shall take field measurements and verify field conditions;shall carefully compare such field measurements and conditions and other information known to Construction Manager with the Contract Documents before commencing activities;and shall give prompt notice to the Architect and Owner in writing,of all errors,inconsistencies,or omissions,which it may discover and obtain specific instructions in writing with respect thereto before proceeding with the Work.Construction Manager shall not take advantage of any apparent error or omission which may be found in the Contract Documents,but shall cooperate in good faith with the Owner and Architect to resolve any ambiguities,inconsistencies or defects in the Contract Documents in a manner that will not result in an increase in the Guaranteed Maximum Price or delay in the progress of the Work.Construction Manager shall not be entitled to an extension of the Contract Time to carry out any repairs or corrections of any construction caused by Construction Manager's failure to notify Architect and Owner of errors,omissions or inconsistencies in the Contract Documents discovered by Construction Manager prior to the execution of the Work affected by such errors,omissions or inconsistencies. Errors or omissions in Contract Documents or the misdescription of details of Work manifestly necessary to carry out the intent of the Contract Documents,or which are customarily performed,shall not relieve Construction Manager from performing such omitted work or misdescribed details of the Work and they shall be performed as if fully and correctly set forth and described in the Drawings and Specifications.The cost of such Work shall be included in the Cost of the Work,according to Article 7 herein. §1.5.2.3 By agreeing to a Guaranteed Maximum Price for the entire Project,Contractor agrees with Owner that the Work required by the Contract Documents,including,without limitation,construction means,methods,procedures and techniques necessary to perform the Work,will be consistent with: (a)good and sound practices within the construction industry;(b)generally prevailing and accepted industry standards applicable to the Work;and(c) requirements of any warranties applicable to the Work. §1.5.2.4 When specific products,systems or items of equipment are referred to in the Contract Documents,any customary ancillary devices necessary for proper functioning which are typically furnished at no additional cost as part of an installation contract shall also be provided,but not including any manufacturers' options on any particular device,which device is specified in the Contract Documents.When standards,codes,manufacturer's instructions and guarantees are required by the Contract Documents with no edition specified,the current edition at the time of contract execution shall apply. References to standards,codes,manufacturer's instructions and guarantees shall apply in full,except(1)they do not supersede more stringent standards set out in the Contract Documents,and(2) any exclusions,limitations or waivers that are inconsistent with the Contract Documents do not apply. §1.6 OWNERSHIP AND USE OF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §1.6.1 The Drawings,Specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described.The Contractor may retain one record set.Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,Specifications and other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights,in addition to the copyrights.All copies of Instruments of Service,except the Contractor's record set,shall be returned or suitably accounted for to the Architect,on request,upon completion of the Work.The Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants,and copies thereof furnished to the Contractor,are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor,Sub-subcontractor or material or equipment supplier on other AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 12 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0925:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206(336) projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants.Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'copyrights or other reserved rights. ARTICLE 2 OWNER §2.1 GENERAL §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. §2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights.Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. §2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER (Paragraph deleted) §2.2.2 Except for permits and fees,including those required under Section 3.7.1,which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. §2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. The furnishing of surveys and legal descriptions shall not relieve Contractor from its duties under the Contract Documents. §2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness.Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. §2.2.5 Unless otherwise provided in the Contract Documents,the Contractor will be furnished,free of charge,such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. §2.3 OWNER'S RIGHT TO STOP THE WORK §2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 13 reproduction or distribution of this Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §2.4 OWNER'S RIGHT TO CARRY OUT THE WORK §2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period.If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have,correct such deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. §2.4.2 After the Work is complete,the Owner may make emergency repairs to the Work if necessary to prevent further damage,or if the Contractor does not promptly respond to a notice of a condition requiring repairs. Contractor shall be responsible to Owner for this cost if the reason for the repairs is defects in Contractor's Work.If payments then or thereafter due the Contractor are not sufficient to cover such costs,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR §3.1 GENERAL (Paragraph deleted) §3.1.1 The term"Contractor"means the Construction Manager or Construction Manager's authorized representative. §3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. §3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons other than the Contractor. §3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §3.2.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,any errors,inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require.If a dimensional discrepancy exists,the Contractor shall take field measurements required for the proper fabrication and installation of the work and shall submit to the Architect for coordination and correction. §3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and Owner,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents.The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,building codes,and rules and regulations,but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect and Owner. AIA Document A201""-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2,the Contractor shall make Claims as provided in the Contract Documents.If the Contractor fails to perform the obligations of Sections 3.2.1 and 3.2.2,the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.The Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error,inconsistency,omission or difference and knowingly failed to report it to the Architect. §3.3 SUPERVISION AND CONSTRUCTION PROCEDURES §3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences or procedures,the Contractor shall evaluate the jobsite safety thereof and,except as stated below,shall be fully and solely responsible for the jobsite safety of such means,methods,techniques, sequences or procedures.If the Contractor determines that such means,methods, techniques,sequences or procedures may not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect.If the Contractor is then instructed to proceed with the required means,methods,techniques,sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any resulting loss or damage.The Contractor shall be solely responsible for all locations,dimensions and levels,and no plea as to instructions or orders received from any source,other than the information contained in plot,drawings and specifications or in written orders of the Architect shall justify departure from the dimensions and levels required by the drawings. He shall take his own measurements at the site,verifying same with the drawings and at the building, and will be held responsible for the proper fit of completed work in position. §3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors.It is understood and agreed that the relationship of Contractor to Owner shall be that of an independent contractor.Nothing contained herein or inferable herefrom shall be deemed or construed to(1)make Contractor the agent,servant,or employee of the Owner or(2)create any partnership,joint venture,or other association between Owner and Contractor.Any direction or instruction by Owner or any of its authorized representatives in respect of the Work shall relate to the results the Owner desires to obtain from the Work,and shall in no way affect Contractor's independent contractor status as described herein. §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. §3.3.4 Contractor shall bear sole responsibility for design and execution of acceptable trenching and shoring procedures,in accordance with the laws of the State of Texas. On trench excavations in excess of five feet in depth, Contractor shall pay a qualified engineer to prepare detailed plans and specifications directing Contractor in the safe execution of trenching and shoring,unless other procedures are reviewed and accepted in writing by the applicable authorities prior to commencing trenching work. §3.4 LABOR AND MATERIALS §3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §3.4.2 The Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order. AIA Document A201*"'—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 15 reproduction or distribution of this AIA Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. §3.4.4 Not later than 30 days from the bid package award date of each project,the Contractor shall provide a list showing the name of the manufacturer proposed to be used for each major product identified in the specifications and the name of the installing subcontractor. §3.4.5 After the Contract has been executed,the Owner and Architect will consider a formal request for the substitution of products in place of those specified only in writing. §3.4.6 By making requests for substitutions based on Subparagraph 3.4.5 above,the Contractor: .1 represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; .2 represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; .3 certifies that the cost data presented is complete and includes all related costs under this Contract except the Architect's redesign costs,and waives all claims for additional costs related to the substitution which subsequently become apparent;and .4 will coordinate the installation of the accepted substitute,making such changes as may be required for the Work to be complete in all respects. §3.4.7 The Contractor shall not use any materials in the work that contain lead or asbestos materials in excess of amounts allowed by local/state standards,laws,codes,rules and regulations,Federal Environmental Protection Agency(EPA)standards and the Federal Occupational Safety and Health Administration(OSHA)standards, whichever are most restrictive. §3.5 WARRANTY §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted,and that the Work will conform to the requirements of the Contract Documents.Work not conforming to these requirements,including substitutions not properly approved and authorized,may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranties set out in this paragraph are not exclusive of any other warranties or guarantees set out in other places in the Contract Documents or implied under applicable law. §3.5.2 The warranty of Contractor provided in Subparagraph 3.5.1 shall in no way limit or abridge the warranties of the suppliers of equipment and systems which are to comprise a portion of the Work and all of such warranties shall be in form and substance as required by the Contract Documents.Contractor shall take no action or fail to act in any way which results in the termination or expiration of such third party warranties or which otherwise results in prejudice to the rights of Owner under such warranties.Contractor agrees to provide all notices required for the effectiveness of such warranties and shall use its good faith efforts to include provisions in the contracts with the providers and manufacturers of such systems and equipment whereby Owner shall have a direct right,but not a duty, of enforcement of such warranty obligations. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 16 reproduction or distribution of this AIAA Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §3.6 TAXES §3.6.1 The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. §3.7 PERMITS,FEES AND NOTICES §3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit and other permits and governmental fees,licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. §3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public authorities applicable to performance of the Work. §3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws,statutes,ordinances,building codes,and rules and regulations.However,if the Contractor observes that portions of the Contract Documents are at variance therewith,the Contractor shall promptly notify the Architect and Owner in writing,and necessary changes shall be accomplished by appropriate Modification. §3.7.4 If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and rules and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §3.7.5 The Contractor shall be responsible for timely notification to,and coordination with,all utility companies regarding the provision of or revising of services to the Project.The Contractor shall inform the Owner at once when the Owner's participation is required.Connections for utilities required for the Work are the responsibility of the Contractor. §3.8 ALLOWANCES §3.8.1 The Contractor shall include in the Guaranteed Maximum Price all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. §3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Guaranteed Maximum Price but not in the allowances; .3 whenever costs are more than or less than allowances,the Guaranteed Maximum Price shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. §3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. §3.8.4 Contractor shall keep separate and adequate records of all allowances and shall submit such records to Owner from time to time upon request. Owner shall be responsible for costs incurred in excess of allowance amounts only to the extent approved by Owner. AIA Document A201 TM-1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized .17 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §3.9 SUPERINTENDENT §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor.Important communications shall be confirmed in writing.Other communications shall be similarly confirmed on written request in each case. Notwithstanding the foregoing,Contractor shall keep on the job the superintendent approved by Owner who shall not be transferred from the Work without Owner's consent(which shall not be unreasonably withheld).However,such obligation to furnish the superintendent shall not be construed to give rise to any liability of Contractor if any person assigned to the Work leaves Contractor's employ.If Owner determines that any employee of Contractor or of its Subcontractors is careless or not qualified to perform the Work assigned to him or otherwise in Owner's sole judgment is not appropriate for the Project,and Owner and Contractor cannot,after a diligent and good faith attempt,agree what action should be taken with respect to the removal or reassignment of such employee,the Contractor shall promptly remove such employee from the Work and replace such employee.At all times while procurement activities are being performed in Contractor's office,Contractor shall appoint an individual(approved by Owner,acting reasonably)authorized to act on behalf of Contractor and with whom Owner may consult at all reasonable times,and who shall be authorized to receive the instructions,requests and decisions of Owner. Similarly,at all times during the construction Work and the start-up and commissioning phases of the Work at the site,Contractor shall appoint a resident individual who shall be vested with the same authority and shall have the same responsibilities to Owner as the person described above.All of Contractor's and Subcontractors' personnel shall comply with all applicable health,safety,and loss prevention rules of applicable authorities. Contractor shall remove from the Work any person who fails to comply with such rules and instructions in any material respect. §3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES §3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. §3.10.2 The Contractor shall prepare and keep current,for the Architect's approval,a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. §3.11 DOCUMENTS AND SAMPLES AT THE SITE §3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,Specifications, Addenda,Change Orders and other Modifications,in good order and marked currently to record field changes and selections made during construction,and one record copy of approved Shop Drawings,Product Data,Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. §3.12 SHOP DRAWINGS,PRODUCT DATA AND SAMPLES §3.12.1 Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. §3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. §3.12.3 Samples are physical examples which illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 18 reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §3.12.4 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents.Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals which are not required by the Contract Documents may be returned by the Architect without action. §3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. §3.12.6 By approving and submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. Construction Manager shall submit complete and accurate submittals at the first submission.If the submittal is returned not approved,only one(1)additional submission will be reviewed at Owner's cost.Any additional submissions will be reviewed at the cost of Construction Manager.Incomplete submittals or submittals containing excessive errors will be returned unchecked and any delay caused thereby will be the responsibility of Construction Manager. §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods,techniques,sequences and procedures.The Contractor shall not be required to provide professional services in violation of applicable law.If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations, specifications,certifications, Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services,certifications or approvals performed by such design professionals,provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 19 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) adequacy of the performance or design criteria required by the Contract Documents provided,however,Contractor shall comply with the requirements of Subparagraphs 3.2.1 and 3.2.2. §3.12.11 Contractor shall assemble for approval by Owner one(1)complete copy in loose leaf binders or electronic file of all operating and maintenance data for all equipment installed as a part of the Work,which binders must be delivered to Owner on or before Substantial Completion of the Work. §3.13 USE OF SITE §3.13.1 The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3.14 CUTTING AND PATCHING §3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. §3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction,or by excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. §3.15 CLEANING UP §3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove from and about the Project waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials. §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the cost thereof shall be charged to the Contractor. §3.15.3 The Contractor shall be responsible for protection of the Work,including damaged or broken glass,and at completion of the Work shall replace damaged Work.The Contractor shall perform the following final cleaning at completion of the Work: .1 Remove all temporary protections; .2 Remove marks,stains,fingerprints and other soil or dirt from all surfaces and other work; .3 Remove spots,mortar,plaster,soil and paint from ceramic tile,marble and other finish materials from all surfaces and other work; .4 Clean fixtures,cabinetwork and equipment,removing stains,paint,dirt,and leave in an undamaged and new condition;and .5 Clean all surfaces and other work in accordance with recommendations of the manufacturer. §3.16 ACCESS TO WORK §3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. §3.17 ROYALTIES,PATENTS AND COPYRIGHTS §3.17.1 The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2r1 reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) are contained in Drawings,Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect and Owner. §3.18 INDEMNIFICATION §3.18.1 To the fullest extent permitted by law and to the extent claims,damages,losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall indemnify and hold harmless the Owner,Architect,Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18.Contractor's indemnification obligation under this Subparagraph 3.18.1 shall,but not by way of limitation,specifically include all claims and judgments which may be made against the indemnified parties under OSHA,similar laws of the state or other governmental body having jurisdiction,and further,against claims and judgments arising from violation of public ordinances and requirements of governing authorities due to Contractor's or any Contractor's subcontractor's method of executing the Work. The indemnification obligation of Contractor under this Subparagraph 3.18.1 also shall include damage wrongfully caused by Contractor to the Work or property of Owner by such parties or to any adjacent properties,which Contractor shall promptly remedy any damage wrongfully caused by Contractor to a separate contractor or property of any separate contractor,which Contractor shall promptly attempt to settle,subject,however,to the waiver of subrogation provision contained in Subparagraph 11.1.4 hereof. This indemnification provision is also specifically intended to apply to,but not limited to,any and all claims,demands,damages,actions and causes of action of every kind and nature,known and unknown,existing or claimed to exist,relating to or arising out of any employment relationship between contractor and its employees or subcontractors as a result of that subcontractor's or employee's employment and/or separation from employment with the contractor, including but not limited to any discrimination claim based on sex,sexual orientation or preference,race, religion,color,national origin,age or disability under federal,state or local law,rule or regulation,and/or any claim for wrongful termination,back pay,future wage loss,overtime pay, employee benefits,injury subject to relief under the workers'compensation act or would be subject to relief under any policy for workers compensation insurance,and any other claim,whether in tort,contract or otherwise. In its sole discretion,owner shall have the right to approve or select defense counsel to be retained by contractor in fulfilling its obligation hereunder to defend and indemnify owner,unless such right is expressly waived by owner in writing. Owner reserves the right to provide a portion or all of its own defense;however, owner is under no obligation to do so. Any such action by owner is not to be construed as a waiver of contractor's obligation to defend owner or as a waiver of contractor's obligation to indemnify owner pursuant to this agreement. Contractor shall retain owner-approved defense counsel within seven(7) business days of owner's written notice that owner is invoking its right to indemnification under this agreement. If contractor fails to retain counsel within such time period,owner shall have the right to retain defense counsel on its own behalf,and contractor shall be liable for all costs incurred by owner. This paragraph shall survive the termination of this agreement. §3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. AIA Document A201"—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 21 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) ARTICLE 4 ADMINISTRATION OF THE CONTRACT §4.1 ARCHITECT §4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Architect" means the Architect or the Architect's authorized representative. §4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. §4.1.3 If the employment of the Architect is terminated,the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. §4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT §4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents,and will be an Owner's representative(1)during construction,(2)until final payment is due and(3)with the Owner's concurrence,from time to time during the one-year period for correction of Work described in Section 12.2.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. §4.2.2 The Architect,as a representative of the Owner,will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of,nor be responsible for,the construction means,methods, techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 3.3.1. §4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. In no event shall Owner or its representatives have control over or charge of,or be responsible for,construction means, methods,techniques,sequences or procedures,or for safety precautions or programs in connection with the Work,since these are solely Contractor's responsibility except as provided in Subparagraph 3.3.1.Owner will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.Owner will not have control over or charge of and will not be responsible for the acts or omissions of Contractor,Subcontractors,or their agents or employees,or of any other persons performing portions of the Work. §4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract.Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. §4.2.4.1 Copies of all communications delivered by one party to the Architect shall be simultaneously delivered to the other party. Upon request of Owner,Contractor will also furnish Owner with copies of any other items delivered to the Architect. §4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. AIA Document A201''—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 22 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §4.2.6 The Architect and Owner will have authority to reject Work that does not conform to the Contract Documents.Whenever the Architect or Owner considers it necessary or advisable,the Architect or Owner will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect or Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or Ower to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees,or other persons or entities performing portions of the Work. §4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided in Section 7.4. §4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,will receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor,and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. §4.2.11 If requested to do so by the Owner,the Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Section 4.2,then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. §4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. §4.2.13 The Owner shall have final authority on questions relating to aesthetic effect,provided such authority is exercised in a way which is consistent with the intent expressed in the Contract Documents,and any such determination shall be communicated through the Architect. §4.2.14 Notwithstanding any other provision of this Agreement to the contrary,the Architect shall have no authority to order or approve any material deviation from the Contract Documents, whether or not such deviation affects the Contract Sum or the Contract Time.In the event any such deviation is sought,prior written approval from Owner must be obtained. §4.3 CLAIMS AND DISPUTES §4.3.1 Definition. A Claim is a demand or assertion by the Contractor seeking,as a matter of right,adjustment or interpretation of Contract terms,payment of money,extension of time or other relief with respect to the terms of the MA Document A201 TM'—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 23 reproduction or distribution of this Abe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.Claims must be initiated by written notice.The responsibility to substantiate Claims shall rest with the Contractor. §4.3.2 Time Limits on Claims.Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.Claims must be initiated by written notice to the Architect and the other party. §4.3.3 Continuing Contract Performance.Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Section 9.7.1 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. §4.3.4 Claims for Concealed or Unknown Conditions.If conditions are encountered at the site which are(1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend an equitable adjustment in the Guaranteed Maximum Price or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall so notify the Owner and Contractor in writing,stating the reasons.Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision.If the conditions encountered are materially different,the Guaranteed Maximum Price and Contract Time shall be equitably adjusted,but if the Owner and Contractor cannot agree on an adjustment in the Guaranteed Maximum Price or Contract Time,the adjustment shall be referred to the Architect for initial determination,subject to further proceedings pursuant to Section 4.4. §4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Guaranteed Maximum Price,written notice as provided herein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. §4.3.7 Claims for Additional Time §4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay only one Claim is necessary. §4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. Abnormal weather conditions not reasonably anticipated shall mean weather conditions which prevent work on the Project and which have a direct effect on the Contractor's predefined critical work sequence. Contractor's schedule shall take into consideration normal seasonal weather conditions number of precipitation days per month(as defined by the National Weather Service 30-year average)along with muddy site days directly related to the precipitation days indicated. §4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,written notice of such injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 24 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0925:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of liquidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. (Paragraphs deleted) §4.5 MEDIATION §4.5.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10,9.10.4 and 9.10.5 be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. §4.5.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association.The request may be made concurrently with the filing of a demand for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. §4.5.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) ARTICLE 5 SUBCONTRACTORS §5.1 DEFINITIONS §5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. §5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. §5.1.3 Contractor shall include the following provision in all of its subcontracts and purchase orders: "This Contract is for Owner's benefit,its successors and assigns who,as well as Contractor,may directly enforce all rights and warranties,express or implied herein,but Subcontractors shall have recourse only against Contractor and not against Owner."Owner may rely solely upon Contractor for enforcement of all Subcontracts.To effect such purpose, Contractor conditionally assigns to Owner all right to bring any actions against Subcontractors and material vendors without waiver by Owner of his right against Contractor because of defaults,delays and defects for which a Subcontractor or material vendor may also be liable;provided,however,Contractor shall have the sole right to bring actions against the Subcontractors unless Contractor has defaulted hereunder(and such default remains uncured)or Owner has terminated the Contract as a result of such default,whereupon Owner shall have such right. AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 25 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK (Paragraph deleted) §5.2.1At least five(5)days before entering into any Subcontracts,the Contractor shall furnish in writing to the Owner the name of the person or entities proposed for any Subcontracts. §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Guaranteed Maximum Price and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However, no increase in the Guaranteed Maximum Price or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. §5.2.5 The Contractor shall not subcontract the work as a whole.The approval of Subcontractors in no way relieves the Contractor from full responsibility for performance and completion of the Work and its obligations under the Contract Documents.Contractor shall be fully responsible for the performance of its Subcontractors,including those selected or approved by the Owner. §5.3 SUBCONTRACTUAL RELATIONS §5.3.1 By appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents,assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. AIA Document A2017°-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 26 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. §5.4.3 Each Subcontract shall specifically provide that Owner shall only be responsible to the Subcontractor for those obligations of Contractor that accrue subsequent to Owner's exercise of any rights under the conditional assignment. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Section 4.3. §6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term"Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. §6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. §6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract,including,without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. §6.2 MUTUAL RESPONSIBILITY §6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. §6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays,improperly timed activities or defective construction of the Contractor.The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed activities,damage to the Work or defective construction of a separate contractor. §6.2A The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. §6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. AIA Document A2017,"—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 27 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §6.3 OWNER'S RIGHT TO CLEAN UP §6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK §7.1 GENERAL §7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor;an order for a minor change in the Work may be issued by the Architect alone. §7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. §7.2 CHANGE ORDERS §7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect,stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment,if any,in the Guaranteed Maximum Price;and .3 the extent of the adjustment,if any,in the Contract Time. §7.2.2 Methods used in determining adjustments to the Guaranteed Maximum Price may include those listed in Section 7.3.3. §7.2.3 Unless otherwise provided in the Change Order,agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work which is the subject of the Change Order,including but not limited to,all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the construction schedule.In the event a Change Order increases the Contract Sum,Contractor shall include the Work covered by such Change Orders in Applications for Payment as if such Work were originally part of the Contract Documents. §7.3 CONSTRUCTION CHANGE DIRECTIVES §7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Guaranteed Maximum Price or Contract Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Guaranteed Maximum Price and Contract Time being adjusted accordingly. §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. §7.3.3If the Construction Change Directive provides for an adjustment to the Guaranteed Maximum Price, the adjustment shall be based on the Owner's reasonable estimate of the net increase in cost and overhead attributable to the change in the Work. (Paragraph deleted) §7.3.4 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect and Owner of the Contractor's agreement or disagreement with the AIA Document A201 '—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2R reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0925:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) method,if any,provided in the Construction Change Directive for determining the proposed adjustment in the Guaranteed Maximum Price or Contract Time. §7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith,including adjustment in Guaranteed Maximum Price and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. §7.3.6 If the Contractor does not object in writing to the Owner and the Architect within ten(10)calendar days after the receipt of the Construction Change Directive,such Construction Change Directive shall be deemed accepted by the Contractor and shall be effective and recorded as a Change Order.If the Contractor disagrees with the method for adjustment in the Contract Sum and timely and properly objects,the method and the adjustment shall be determined by the parties on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in the case of an increase in the Contract Sum, a reasonable allowance for overhead and profit.Any change order based on drawing modification shall only be for the net differences between additions and deductions in scope made in the later issued drawings. Unless otherwise provided in the Contract DocumentsCosts for purposes of this Subparagraph 7.3.6 shall be limited to actual costs and shall not include any item which could be deemed to be general conditions costs or overhead,such as,but not limited to,the cost of Contractor's and Subcontractor's supervisory personnel assigned to the Work and field office and related expenses, except as specifically permitted in the Agreement.Additionally,the costs referred to in Subparagraphs 7.3.6.1- 7.3.6.5 shall be reasonable costs .1 costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers' compensation insurance; .2 costs of materials,supplies and equipment,including cost of transportation,whether incorporated or consumed; .3 rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance,permit fees,and sales,use or similar taxes related to the Work;and .5 additional costs of supervision and field office personnel directly attributable to the change. §7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Guaranteed Maximum Price shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. §7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner,amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs.For any portion of such cost that remains in dispute,the Architect will make an interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Guaranteed Maximum Price on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. §7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Guaranteed Maximum Price and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. §7.4 MINOR CHANGES IN THE WORK §7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Guaranteed Maximum Price or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized oa reproduction or distribution of this AlAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) ARTICLE 8 TIME §8.1 DEFINITIONS §8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §8.1.2 The date of commencement of the Work is the date established in the Agreement. §8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. §8.1.4 The term"day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §8.1.5 Claims for extension of time shall be stated in whole or half calendar days. §8.1.6 The Contractor shall be substantially complete with all work shown on or before the date specified for substantial completion in the Contract Documents. Extensions to the Completion Date will be granted only if,in the opinion of the Architect,climatological conditions that impede the progress of construction significantly exceed average conditions for the local area. A guide for average climatological conditions will be the bulletin"Local Climatological Data," published by the Department of Commerce. No request for an extension of time due to weather conditions will be considered unless accompanied by Weather Bureau documentary evidence showing by comparison that such weather is abnormal to any of the past five(5)years. §8.2 PROGRESS AND COMPLETION §8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. §8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance.Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work. §8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. §8.3 DELAYS AND EXTENSIONS OF TIME §8.3.1 If the Contractor is delayed at any time in the commencement or the critical path progress of the Work by an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner,or by changes ordered in the Work,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control,or by delay authorized by the Owner pending mediation and arbitration,or by other causes which the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.If the performance of the Work is not, was not or would not have been delayed by any other cause for which Contractor is not entitled to an extension in the Contract Time under the Contract Documents. Contractor further acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay(1)is not caused by Contractor and(2)adversely affects the critical path of the Work(it being understood that Contractor may be entitled to an adjustment in the Contract Time even when the Contractor is ahead of the Project schedule). §8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.3. §8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. AIA Document A201 TM-1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3n reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §8.3.4 In the event that the Owner and the Construction Manager have mutually agreed on a stipulated completion date,the provisions of 8.3.1 through 8.3.3 do not apply. However,in the event of delay(s)fully beyond the Contractor's control,the Owner may authorize by change order reimbursement for additional costs to accelerate the construction in order to maintain the stipulated completion date. ARTICLE 9 PAYMENTS AND COMPLETION §9.1 GUARANTEED MAXIMUM PRICE §9.1.1 The Guaranteed Maximum Price is stated in the Agreement and,including authorized adjustments,is the maximum amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §9.2 SCHEDULE OF VALUES (Paragraph deleted) §9.2.1 Before any work is done on the site and before the first Application for Payment,the Contractor shall submit to the Owner a schedule or breakdown showing the respective amounts(called"values" for convenience)properly allocable to the various portions of the work and aggregating the total contract sum. Each respective amount or value shall include its part of overhead and profit so that the sum of the items will not exceed the Guaranteed Maximum Price. Such schedule of values will be prepared so as to facilitate payments by the Contractor to his Subcontractors and shall follow the trade divisions of the specifications so far as practicable. Such schedule and the amount therein shall be in such detail and supported by such data to substantiate its accuracy as the Architect may require. Such schedule,when approved by the Owner;unless it be found to be in error,shall be used only as a basis for the Contractor's Applications for Payment and shall not be taken as evidence of market or other value. §9.3 APPLICATIONS FOR PAYMENT §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect and Owner an itemized Application for Payment for operations completed in accordance with the schedule of values.Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,and reflecting retainage if provided for in the Contract DocumentsThe Contractor shall submit Applications for Payment in triplicate,using AIA Document G702 and G703 and other such documentation as is required by the Contract Documents.All Applications for Payment(and the required supporting documentation) shall be submitted to the Owner and the Architect. §9.3.1.1 As provided in Section 7.3.8,such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. §9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier,unless such Work has been performed by others whom the Contractor intends to pay. §9.3.1.3 Not Used §9.3.1.4 With each Application for Payment,Contractor shall certify that such Application for Payment represents a just estimate of cost reimbursable to the Contractor under the terms of the Contract Documents,that all due and payable bills with respect to the Work have been paid to date or shall be paid from the proceeds of that Application for Payment,and that there is no known basis for the filing of any Mechanics' or Materialmen's Liens against the Surety in connection with the Work AIA Document A201 TM-1997.Copyright ©1911,1915,1916,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 31 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219647_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,be free and clear of liens,claims,security interests or encumbrances in favor of the Contractor, Subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. §9.4 CERTIFICATES FOR PAYMENT §9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. §9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on- site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Guaranteed Maximum Price. §9.4.3 The issuance of a Certificate for Payment shall constitute a recommendation to the Owner in respect to the amount to be paid.This recommendation is not binding on the Owner if in Owner's opinion legitimate reasons for nonpayment exist including,but not limited to the reasons set out in Paragraph 9.5.1.If the Owner declines to make payment upon a Certificate of Payment,the Owner shall promptly notify the Contractor of the reasons therefor. Contractor shall include as a separate and distinct line item on his pay request a value for trenching and shoring operations. Contractor shall attach to pay request a notarized letter from shoring engineer that designed Contractor's trenching and shoring systems,addressed to Owner,attesting that engineer has(1)reviewed trenching and shoring systems installed in field and found them in conformance with shoring engineer's detailed plans and specifications, (2)line item on Contractor's pay request accurately represents work installed and/or materials on site,and(3) engineer recommends payment to Contractor of line item for trenching and shoring based on engineer's observations. §9.4.4 Contractor's monthly Application for Payment that is submitted without required letter from Contractor's shoring engineer described by Subparagraph 9.4.3 is subject to return without review until letter is submitted. §9.5 DECISIONS TO WITHHOLD CERTIFICATION §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the AIA Document A201 n,—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 32 reproduction or distribution of this AIAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Guaranteed Maximum Price; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. .8 failure to submit written plan indicating action by Contractor to regain time schedule for completion of Work within the Contract Time. .9 if any part of such payment is attributable to Work which is not performed in accordance with the Contract Documents. §9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. §9.5.3 If Contractor disputes any determination by Architect or Owner with regard to all or any part of an Application for Payment or a Certificate of Payment,Contractor shall nevertheless expeditiously continue to prosecute the Work but shall be entitled to make a Claim as provided in Paragraph 4.3. §9.6 PROGRESS PAYMENTS §9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. Notwithstanding the foregoing,Owner may withhold payment as provided in Paragraph 9.5.1.Further,if Contractor is not current in its obligations to a supplier,laborers and/or Subcontractors on the Project,Owner may(but is not obligated to) withhold a periodic or final payment in an amount reasonably necessary to cover the amount which is not current until the Owner receives reasonable proof from the Contractor that this situation does not exist. §9.6.2 The Contractor shall promptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. §9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. §9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. §9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. AIA Document A201 TM-1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 33 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of any work. §9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Guaranteed Maximum Price,payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. §9.7 FAILURE OF PAYMENT §9.7.1 If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect subject to Owner's right to withhold payment as set out in Subparagraph 9.6.1 above or awarded by mediation,then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Guaranteed Maximum Price shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Contract Documents. §9.7.2 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents,such payment shall be made promptly upon demand by the Owner.Notwithstanding anything contained in the Contract Documents to the contrary,if the Contractor fails to promptly make any payment due the Owner,or the Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work,the Owner shall have an absolute right to offset such amount against the Contract Sum and may,in the Owner's sole discretion,elect either to: (1)deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner or(2)issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled. §9.8 SUBSTANTIAL COMPLETION §9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.In general,the only remaining Work shall be minor in nature, so that the Owner could occupy the Project on that date and the completion of the Work by the Contractor would not materially interfere or hamper the Owner's normal business operations.The"punchlist"shall be completed within 30 consecutive calendar days or as agreed upon following the Substantial Completion Date("Final Completion").Notwithstanding the foregoing or anything to the contrary contained in the Contract Documents,Owner may partially hold payment on any Certificate of Substantial Completion or any other Certificate of Payment by Architect for any default by Contractor under the Contract Documents,but in no case will the Owner hold more than 1.5 times the amount attributed to such default(including but not limited to the reasons set out in Paragraph 9.5.1)and Owner shall not be deemed to be in default under the Contract Documents for its withholding such payment. §9.8.2 When the Contractor considers that the Work is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use the Architect shall furnish Contractor information on what items it believes are necessary to reach substantial completion,and the Contractor shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 34 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) Completion. Any additional inspections by Architect to determine Substantial Completion will be at the cost of Construction Manager §9.8.4 When the Architect and Owner agree that the Work is substantially complete,the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work unless otherwise provided in the Certificate of Substantial Completion. §9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance,the Owner shall make payment of retainage applying to such Work.Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §9.9 PARTIAL OCCUPANCY OR USE §9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the Work.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any,security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. §9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. §9.10 FINAL COMPLETION AND FINAL PAYMENT §9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. If Architect does not issue a final Certificate for Payment,only one(1)additional inspection will be at Owner's cost. Any additional inspections to determine final completion will be at the cost of the Constructions Manager. §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect and Owner(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens, AIA Document A201 TM—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 35 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) claims,security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including all costs and reasonable attorneys' fees. §9.10.2.1 In addition to items listed in 9.10.2 to be submitted before Final Payment will be made or remaining retainage released,Contractor shall deliver all other items required by the Contract Documents relating to the final completion and closeout of the Project. §9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment.Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. §9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 SAFETY PRECAUTIONS AND PROGRAMS §10.1.1 The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. §10.2 SAFETY OF PERSONS AND PROPERTY §10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements, roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. §10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. §10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. The Contractor shall also be responsible for all measures necessary to protect any property adjacent to the Project and any improvements thereon.Any damage to such property or improvements shall be promptly repaired by the Contractor. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA•Document is protected by U.S.Copyright Law and International Treaties.Unauthorized $6 reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. §10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. §10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. §10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. §10.2.8 The Contractor shall protect and be responsible for any damage resulting from Contractor negligence to his work or material,from the date of the agreement until the acceptance of the work and shall make good without cost to the Owner,any damage or loss that may occur during this period,except that in the event of partial or total occupancy by the Owner prior to final acceptance,the Owner shall be responsible for any damage caused by such partial or total occupancy. The Contractor shall handle all materials directed,so that it may be inspected by the Architect. All material affected by the weather shall be covered and protected to keep it free from damage while being transported to the site,as well as when it is stored on the site. §10.2.9 The Contractor shall have full responsibility for preventing overstress of any structure or any part of member of it during construction. The Contractor shall fully check the effect of his operations in this regard,and shall provide all temporary support and connections required. §10.2.10 The Contractor as part of the Cost of Work shall employ watchmen or erect adequate fencing at such time as necessary to protect or attend his work,including times when building exterior is breached to protect it and its contents. §10.2.11 The Contractor shall promptly report in writing to the Owner and Architect all accidents arising out of or in connection with the Work which cause death,personal injury,or property damage,giving full details and statements of any witnesses.In addition,if death,serious personal injuries,or serious property damages are caused,the accident shall be reported immediately by telephone or messenger to the Owner and the Architect. §10.3 HAZARDOUS MATERIALS §10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. §10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to verify that it has been rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.When the material or AIA Document A201''—1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 37 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 0925:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.The Contract Time shall be extended appropriately and the Guaranteed Maximum Price shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up,which adjustments shall be accomplished as provided in Article 7. §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself)and provided that such damage,loss or expense is not due to the sole negligence of a party seeking indemnity. §10.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. §10.5 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. §10.6 EMERGENCIES §10.6.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. Provided the Contractor shall not be entitled to additional compensation or an extension of time if an emergency is caused by the negligence or failure to fulfill a specific responsibility of the Contractor to the Owner set forth in the Contract Documents or the negligent failure of the Contractor's personnel to supervise adequately the Work of the Subcontractors or suppliers. ARTICLE 11 INSURANCE AND BONDS §11.1 CONTRACTOR'S LIABILITY INSURANCE §11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed,including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation,which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project; .2 claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees or persons or entities excluded by statute from the requirements of Clause 11.1.1 but required by the Contract Documents to be covered by the insurance required by that Clause; .3 claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations;and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 38 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment.Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: 1. Premises Operations(including X,C and U coverage as applicable). 2. Independent Contractor's Protective 3. Products and Completed Operations. 4. Personal Injury Liability with Employment Exclusion deleted. 5. Contractual,including specified provision for Contractor's obligation under Paragraph 3.18. 6. Owned,non-owned and hired motor vehicles. 7. Broad Form Property Damage including Completed Operations." All of the insurance policies described in the Contractor's Certificate of Insurance or otherwise in this Agreement except workers' compensation insurance shall name Owner and its designated representatives,Owner,Owner's lender("Lender"),Architect and Architect's engineers(collectively,the"Insureds")as additional insureds pursuant to a CG Form 2026 1185 endorsement with no qualifications,and such policies shall be issued by a company or companies acceptable to Owner.Contractor shall immediately deliver to Insureds copies of all such insurance policies,together with certificates by the insurer evidencing Insureds' coverage thereunder.New certificates of insurance shall be provided to Owner prior to the current certificate(s)coverage termination date if prior to completion of the Work.All certificates of insurance shall specify: (i)Owner as a certificate holder with correct mailing address,(ii)insured's name,which must match that on the Agreement,(iii)companies affording each coverage,policy number of each coverage,policy dates of each coverage,all coverages and limits described herein, and signature of authorized representative of insurance company,(N)producer of the certificates with correct address and phone listed,(v)certificate holder has been named as an additional insured as respects the general,auto and umbrella liability policies described herein,(vi)waivers of subrogation in favor of the Insured on workers' compensation,general,auto and umbrella liability policies and,(vii)the general,auto and umbrella liability policies described are primary in respect to the Insureds. §11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written by an insurance company having an A rating or better by A.M.Best and shall be written in limits for not less than the minimum required by law or the following: 1. Worker's Compensation: (a) State: Statutory (b) Applicable Federal: Statutory (c) Employer's Liability: $500,000 per Accident $500,000 Disease,Policy Limit $500,000 Disease,Each Employee 2. Comprehensive or Commercial General Liability(including Premises-Operations;Independent Contractors' Protective;Products and Completed Operations;Broad Form Property Damage): (a) Bodily Injury: $500,000 Each Occurrence $1,000,000 Aggregate (b) Property Damage: $500,000 Each Occurrence AIA Document A201 T"-1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 39 reproduction or distribution of this AlA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) $1,000,000 Aggregate (c) Products and Completed Operations to be maintained for two years after final payment: $500,000 Aggregate (d) Property Damage Liability Insurance shall provide X,C and U coverage. (e) Broad Form Property Damage Coverage shall include Completed Operations. (f) Coverage to be extended to include the interests of the Architect and his consultants. 3. Contractual Liability: (a) Bodily Injury: $500,000 Each Occurrence $500,000 Aggregate (b) Property Damage: $250,000 Each Occurrence $500,000 Aggregate 4. Personal Injury,with Employment Exclusion deleted: (a) Coverage: $500,000 Each Person Aggregate $500,000 General Aggregate 5. Business Auto Liability(including owned,non-owned and hired vehicles): (a) Bodily Injury: $500,000 Each Person $1,000,000 Each Occurrence (b) Property Damage: $250,000 Each Occurrence 6. Umbrella Excess Liability: (a) Over Primary Insurance: 1,000,000 Each Occurrence 7. Occurrence Policy: $1,000,000 Each Occurrence (applicable for asbestos related projects only) If the General Liability coverage is provided by a Commercial General Liability Policy on a claims- made basis,the policy date or Retroactive Date shall predate the Contract;the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverage required to be maintained after final payment,certified in accordance with Subparagraph 9.10.2 §11.1.2.2 Contractor shall not commence work at the site under this Contract until he obtained all required insurance and submitted appropriate certifications. §11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner.If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2.Information concerning reduction AIA Document A201 T1 -1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 40 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) of coverage on account of revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. If this insurance is written on the Comprehensive General Liability policy form,the Certificates shall be AIA Document G705,Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form,ACORD form 25S will be acceptable. (Paragraphs deleted) §11.1.4Each policy of insurance obtained by Contractor pursuant to the Contract Documents shall provide,by endorsement or otherwise(i)that such policy shall not be cancelled,endorsed,altered or reissued to effect a change in coverage for any reason or to any extent whatsoever unless the insurer shall have first given Owner and Lender at least thirty(30)days prior written notice thereof and(ii)that Owner may,but shall not be obligated to,make premium payments to prevent the cancellation,endorsement,alteration or reissuance of such policy and such payments shall be accepted by the insurer to prevent same. Such policies shall provide,by endorsement or otherwise,that Contractor shall be solely responsible for the payment of all premiums under the policies,and that Owner and the other Indemnified Parties shall have no obligation for the payment thereof,notwithstanding that Owner and the other indemnified Parties are named as additional insureds under the policy.Any insured property loss or claim of loss shall be adjusted by the Owner, and any settlement payments shall be made payable to the Owner as trustee for the insureds,as their interests may appear,subject to the requirements of any applicable mortgage clause. Upon the occurrence of an insured loss or claim of loss,monies received will be held by Owner who shall make distribution in accordance with an agreement to be reached in such event between Owner and Contractor.If the parties are unable to agree between themselves on the settlement of the loss, such dispute shall be submitted to a court of competent jurisdiction to determine ownership of the disputed amounts but the Work of the Project shall nevertheless progress during any such period of dispute without prejudice to the rights of any party to the dispute,provided,however,the timing of the lawsuit shall not be governed by the Claims provision set out herein.Contractor shall not be responsible for any loss within the deductible area of the policy unless caused by Contractor's intentional misconduct.If Owner is damaged by the failure of Contractor to purchase or maintain such insurance,then Contractor shall bear all costs properly attributable thereto.Contractor shall obtain and maintain similar property insurance on portions of the Work stored off the site or in transit when such portions of the Work are to be included. Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in the Contract Documents or until no person or entity other than Owner has an insurable interest in the property required by this Paragraph to be covered,whichever is earlier. §11.1.5 Notwithstanding anything to the contrary herein contained,in the event that either Owner,Lender or Contractor incurs a loss by fire or other casualty,which fire or other casualty shall have been caused in whole or in part by the negligence or acts or omissions of the other party or the other party's agents,contractors,employees or servants,then, to the extent that the party incurring such loss is compensated by insurance coverage obtained(or required to be obtained)pursuant to the Contract Documents or any other insurance of Owner,Lender or Contractor applicable to the Project,that party hereby waives and releases any claim that it might have against the other party and the other party's agents,contractors,servants and employees;and no insurance company or other party shall have any rights against either Owner,Lender or Contractor by reason of any fire or casualty damage, either by subrogation,assignment or otherwise.This release shall apply to all claims caused by the sole,joint or concurrent negligence of the releasing party. Owner shall cause the Lender to agree to this waiver of subrogation provision in its agreement with the Lender relating to the Work. §11.1.6 In the event of any failure by Contractor to comply with the insurance requirements,Owner may,on ten(10) days written notice to Contractor,without in any way compromising or waiving any right or remedy at law or in equity,on notice to Contractor,purchase such insurance,at Contractor's expense,provided that Owner shall have no obligation to do so and if Owner shall do so,Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. §11.2 OWNER'S LIABILITY INSURANCE §11.2.1 An Owners' protective liability insurance policy shall be furnished by the Contractor which shall name the Owner as an insured with the above-stated minimum limits. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized Al reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §11.4 PROPERTY INSURANCE §11.4.1 So long as any of the Work remains to be completed, Contractor shall carry and maintain in full force and effect Builder's Risk Insurance, which shall be provided on an"all risk"completed value non-reporting form with a policy limit equal to one hundred percent (100%) of the insurable replacement cost of the Work (excluding land value), and shall cover fire, explosion, tornado, flood/surface water, theft and other hazards, and shall provide coverage for materials and equipment stored away from the jobsite for use in Project construction, including coverage for said property in transit to the jobsite. Coverage will not include any tools or clothing of workmen or of any tools, equipment, protective fencing, scaffolding, temporary structures, forms and equipment, or other property owned,rented,or used by Contractor,any Subcontractors or Sub-Subcontractors and used in the performance of the Work,unless the value of such items is included in the Cost of the Work and such items are specifically identified in the Contract Documents. Owner shall not be liable or responsible for any loss or damage whatever to the items excluded in this paragraph and Contractor shall indemnify Owner and hold Owner harmless from any claims or causes of action brought by any persons or parties as a result of loss or damage to such excluded items.In the event that it is necessary to operate permanently installed equipment on anything other than a testing basis,or in the event it is necessary for owner to occupy a part or the entirety of the Work, the Builder's Risk Insurance policy must be endorsed to permit same. Contractor must give Owner at least ten (10) days prior written notice concerning anticipated testing of equipment. §11.4.1.1 Property insurance shall be on an"all-risk" or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without duplication of coverage,theft,vandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework, testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. The all risk policy shall be written using standard ISO forms incorporating a general change endorsement which grants permission for the project to be occupied and used with the insurance remaining in full force and effect until such time as the project has been accepted by the Owner. It shall include coverage for resultant damage from defective workmanship,materials and design,no coinsurance clause,coverage for site preparation,coverage for temporary structures,cribbing or falsework built on the construction site,and coverage for fences,scaffolding,construction forms and signs while at the construction site. (Paragraphs deleted) §11.4.1.3 The Builder's Risk Insurance shall be provided with a maximum deductible of Ten Thousand Dollars and Zero Cents($10,000.00)per claim. Should there be a claim,the deductible shall be considered as Cost of Work unless such claim is due to Contractor negligence. §11.4.2 Boiler and Machinery Insurance.The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law,which shall specifically cover such insured objects during installation and until final acceptance by the Owner;this insurance shall include interests of the Owner,Contractor, Subcontractors and Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. (Paragraphs deleted) §11.4.5 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shall provide this waiver of subrogation by endorsement or otherwise. §11.4.6 Before an exposure to loss may occur,the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Section 11.4.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has been given to the Owner. The original all risk insurance policy certificate shall be delivered to and left in the safekeeping of Owner,a certificate or copy being retained by the Contractor. All insurance AIA Document A201 TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized Ao reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) provided under this section shall provide by endorsement or otherwise that the insured property may be occupied and that the insurance will remain in full force and effect until the project is fully accepted by the Owner. §11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub-subcontractors,agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors, agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.4 or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate, shall require of the Architect,Architect's consultants,separate contractors described in Article 6,if any,and the subcontractors,sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. §11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.4.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity,shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. (Paragraph deleted) §11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers. (Paragraph deleted) §11.4.11 Flood Insurance shall be provided by Contractor with the condition that the projects are not located in a flood plain.If the projects are to be located in a flood plain,then additional insurance coverage shall be purchased and included in the Cost of Work.. §11.5 PERFORMANCE BOND AND PAYMENT BOND (Paragraph deleted) §11.5.1 The Contractor shall furnish a Performance Bond and a Payment Bond,if required by the City of Wylie and as required by state law and as otherwise set forth in the Agreement. Any person or firm executing a bond upon the Contractor's Work under this Contract shall be deemed to have consented in advance to any changes in the Works made by order of Owner as set forth in Article 7;and any such changes made under these provisions shall in no way alter or impair the obligations of the person or firm executing such bond. The amount of each bond shall be equal to 100 percent of the Contract Sum. §11.5.1.1 The Contractor shall deliver the required bonds to the Owner not later than three days following the date the Agreement is entered into,or if the Work is to be commenced prior thereto in response to a letter of intent,the Contractor shall,prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. §11.5.1.2 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney,indicating the monetary limit of such power. §11.5.1.3 The Contractor shall provide each bond on the form provided in the Project Manual. §11.5.1.4 No sureties will be accepted by the Owner who are now in default or delinquent on any bonds or who are interested in any litigation pending against the Owner during the term of this Contract. All bonds shall be executed AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 43 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) by a corporate surety authorized to do business in the State of Texas. The surety company or companies furnishing the surety bonds for this Contract must show a Texas Department of Insurance underwriting limitation not less than the total amount of the Contract. Each bond shall be executed by the Contractor and the Owner. Should any surety be determined unsatisfactory at any time by the Owner,notice will be given to the Contractor,and the Contractor shall immediately provide a new surety(complying with Article 11)acceptable to the Owner and at no additional cost to the Owner. This Contract shall not be valid nor will any payments be due or paid until approval of each bond by the Owner. §11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK §12.1 UNCOVERING OF WORK §12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents,it must,if required in writing by the Architect or Owner,be uncovered for the Architect's or Owner's examination and be replaced at the Contractor's expense without change in the Contract Time. §12.1.2 If a portion of the Work has been covered which the Architect or Owner has not specifically requested to examine prior to its being covered,the Architect or Owner may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents,correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. §12.2 CORRECTION OF WORK §12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION §12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or Owner or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. §12.2.2 AFTER SUBSTANTIAL COMPLETION §12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition except when emergency repairs are necessary to prevent further damage to the Work or damages to the Owner.During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.4. §12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. (Paragraph deleted) §12.2.2.3 A. The Contractor shall deliver to the Owner his written guarantee,made out to the Owner and in AIA Document A201 TM-1997.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and international Treaties.Unauthorized AA reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) form satisfactory to the Owner,guaranteeing all of the work under the contract to be free from faulty materials in every particular,and free from improper workmanship,and against injury from proper and usual wear;and agreeing to replace or re-execute without cost to the Owner such work as may be found to be improper or imperfect,and to make good all damage caused to other work or materials,due to such required replacement or re-execution. This guarantee shall be made to cover a period of twelve(12)months from the date of final completion as certified by the Architect under this Contract and shall be consistent with Paragraph 11.10 of the Agreement. This guarantee must be furnished to the Owner and approved by him before acceptance and final payment is made. B. Contractor shall provide Owner with copies of all guarantees or warranties which have been made to the Contractor by suppliers or subcontractors as required hereunder,together with an assignment of such warranties and guarantees to the Owner;however, such assignment shall not relieve the Contractor of the responsibility stated in subparagraph(a)above in case of failure of subcontractors or supplies to fulfill the provision of such warranties or guarantees. C. Neither the Final Certificate,nor payment,nor any provision in the Contract Documents shall relieve the Contractor of responsibility for neglect or faulty materials or workmanship during the period covered by the guarantee. §12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. §12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. §12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.2.6 Owner shall have the right to operate equipment until defects are corrected and warranties met,and shall have the right to operate rejected equipment until it is replaced without charge for depreciation,use or wear. §12.3 ACCEPTANCE OF NONCONFORMING WORK §12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Guaranteed Maximum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 GOVERNING LAW §13.1.1 The Contract shall be governed by the law of the place where the Project is located. §13.2 SUCCESSORS AND ASSIGNS §13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns and legal representatives to the other party hereto and to partners,successors,assigns and legal representatives of such other party in respect to covenants,agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. AIA Document A201^"-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 45 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) (Paragraph deleted) §13.2.2 Contractor may not assign this Contract or any portion hereof except with the prior written consent to Owner;provided,however,that in any event,Contractor shall not be relieved or released from any of its obligations or responsibilities hereunder. Subject to the foregoing limitations,this Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. §13.3 WRITTEN NOTICE §13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended,or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. §13.4 RIGHTS AND REMEDIES §13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. §13.4.2 No action or failure to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed in writing. §13.5 TESTS AND INSPECTIONS §13.5.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests,inspections or approvals which do not become requirements until after bids are received or negotiations concluded. §13.5.2 If the Architect,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Section 13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. §13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. §13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. §13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. AIA Document A201TM—1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 46 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §13.6 INTEREST §13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at nine percent(9%)per annum. §13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD §13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5,the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2,or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner,whichever occurs last. §13.8 CONTRACT DOCUMENT VALIDITY The invalidity of any part or provision of the Contract Documents shall not impair or affect in any manner whatsoever the validity,enforceability or effect of the remainder of the Contract Documents. §13.9 INTERPRETATION This Contract is the joint product of the parties hereto.Each party hereto acknowledges and agrees that it enters into this Contract voluntarily,with advice of counsel,and that each party hereto and their respective counsel have had opportunity to revise and have revised the language of this Contract by negotiation and bargaining,at"arms length." Consequently,in the construction and/or enforcement of this Contract,or any of its terms,the participation of any party in the drafting of this Contract shall not be construed,in any way,against such party. §13.10 NO THIRD PARTY BENEFICIARIES This Contract is for the sole benefit of the parties hereto,and is not intended to confer any right,nor is it intended to create any obligation with respect to any party that is not a signatory or party to this Contract. §13.11 AUTHORITY TO EXECUTE Each signatory hereto represents that it has the authority to execute this Contract on behalf of the respective named party. §13.12 COUNTERPARTS This Contract may be executed in multiple original counterparts,each of which shall be of equal dignity. §13.13 ATTORNEY'S FEES If either party places the enforcement of this Agreement,or any part hereof,or the exercise of any remedy herein provided,in the hands of an attorney who institutes an action or proceeding upon the same(either by direct action or counterclaim),the non-prevailing party shall pay to the prevailing party its reasonable attorneys' fees and costs of court. In addition to the foregoing award of attorneys' fees to the prevailing party,the prevailing party shall be entitled to its attorneys' fees incurred in any post judgment proceeding or action to collect or enforce the judgment. This provision is separate and several and shall survive the expiration or earlier termination of this Agreement or the merger of this Agreement into any judgment on such instrument. AIA Document A201 TM'-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 47 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 TERMINATION BY THE CONTRACTOR §14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped or; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents. (Paragraphs deleted) §14.1.3 If one of the reasons described in Section 14.1.1 exists,the Contractor may, upon fourteen(14)days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, including reasonable overhead,profit and damages. §14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon fourteen(14) additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. §14.1.5 Any payment due to,or recovered by,Contractor under paragraphs 14.1.3 and 14.1.4 above shall not exceed the remainder,if any,after subtracting the total of the previous payments made by Owner to Contractor from the lesser of: (a) the fair value(not Contractor's cost or profit)of the executed Work,or (b) an amount determined by multiplying the contract price,as adjusted by change orders, times the percentage of Work completed. §14.2 TERMINATION BY THE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction; .4 otherwise is guilty of substantial breach of a provision of the Contract Documents; .5 Contractor becomes insolvent,or makes a transfer in fraud of creditors,or makes an assignment for the benefit of creditors; .6 Contractor files or has filed against it a petition under any chapter or section of the United States Bankruptcy Code,as amended,or under any similar law or statute of the United States or any state thereof,or shall be adjudged bankrupt or insolvent in any legal proceeding; .7 a receiver or trustee is appointed for all or a significant portion of the assets of Contractor;or .8 Contractor actually or constructively abandons,or puts Owner on actual or constructive notice that it intends to abandon,the Project. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 48 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) §14.2.2 When any of the above reasons exist,the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any, seven days' written notice,terminate employment of the Contractor and may after any termination of this Contract by Owner pursuant to this Subparagraph 14.2.2,Contractor shall not be entitled to any further payment except to the extent of any amount by which Work completed or installed by Contractor prior to such termination and not previously paid for by Owner exceeds the amount due by Contractor to Owner under this Paragraph 14.2.2(including all damages which Owner would be entitled to recover at law from Contractor by reason of Contractor's breach,subject to the waiver of consequential damages set out herein),and even then only at such time as the Work is finally completed.It is expressly agreed that pursuit by Owner of any one or more of the remedies provided herein or otherwise available at law or in equity shall not constitute an election of remedies by Owner,nor shall forbearance by Owner to enforce one or more of the remedies provided herein upon an event of default by Contractor be deemed or construed to constitute a waiver of such default: .1 take possession of the site and of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4;and .3 finish the Work by whatever reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. §14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §14.2.4 If the unpaid balance of the Guaranteed Maximum Price exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance,the Contractor shall pay the difference to the Owner. §14.2.5 It is recognized that: (1)if an order for relief is entered on behalf of Contractor pursuant to Title 11 of the United States Bankruptcy Code,(2)if any other similar order is entered under any other debtor relief laws,(3)if Contractor makes a general assignment for the benefit of its creditors,(4)if a receiver is appointed for the benefit of its creditors,or(5)if a receiver is appointed on account of its insolvency,any such event could impair or frustrate Contractor's performance of the Contract Documents.Accordingly,it is agreed that upon the occurrence of any such event,Owner shall be entitled to request of Contractor or its successor in interest adequate assurance of future performance in accordance with the terms and conditions of the Contract Documents.Failure to comply with such request within ten(10)days of delivery of the request shall entitle Owner to terminate the Contract Documents and to the accompanying rights set forth above in Subparagraphs 14.2.1 through 14.2.4 hereof. In all events pending receipt of adequate assurance of performance and actual performance in accordance therewith,Owner shall be entitled to proceed with the Work with its own forces or with other contractors on a time and material or other appropriate basis,the cost of which will be backcharged against the Contract Sum. §14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. §14.3.2 The Guaranteed Maximum Price and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum may include profit as agreed between the parties.No adjustment shall be made to the extent: .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. §14.4 TERMINATION BY THE OWNER FOR CONVENIENCE §14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause upon giving the Contractor Seven(7)days' notice of its intention to do so. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 49 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. (1831206836) User Notes: §14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed and reasonable costs incurred by reason of such termination. AIA Document A201 TM-1997.Copyright ©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 50 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:25:13 on 08/01/2006 under Order No.1000219847_4 which expires on 2/3/2007,and is not for resale. User Notes: (1831206836) Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 9 (City Secretary's Use Only) Department: City Manager Prepared By: Mark B. Roath Account Code: Date Prepared: July 29, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Ordinance No. 2006-52 extending until September 30, 2006, or until a new Franchise becomes effective, the franchise granted to ATMOS Energy Corporation, to own, operate and maintain a gas distribution system in the City of Wylie. Recommendation Motion to approve Ordinance No. 2006-52 extending until September 30, 2006, or until a new Franchise becomes effective, the franchise granted to ATMOS Energy Corporation. Discussion On March 10, 1981, the City granted a gas franchise to Lone Star Gas Company, which said franchise was later assigned to ATMOS Energy Corporation. The Lone Star Gas Company franchise was for a period of twenty- five years. Prior to expiration, the City Manager and City Attorney commenced negotiations with a representative of ATMOS Energy Corporation on a new gas franchise. This proposed Ordinance extends the current franchise, under the same terms and conditions, until September 30, 2006 or until a new franchise becomes effective, whichever occurs earlier. Approved By Initial Date Department Director City Manager MBR 07/29/06 Page 1 of 1 ORDINANCE NO. 2006-52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, EXTENDING UNTIL SEPTEMBER 30, 2006, OR UNTIL A NEW FRANCHISE BECOMES EFFECTIVE, THE FRANCHISE GRANTED TO ATMOS ENERGY CORPORATION, TO OWN, OPERATE, AND MAINTAIN A GAS DISTRIBUTION SYSTEM IN THE CITY OF WYLIE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 10, 1981, the City Council of the City of Wylie ("City") granted a gas franchise to Lone Star Gas Company to own, operate, and maintain a gas distribution system in City; and, WHEREAS, Atmos Energy Corporation ("Atmos Energy") is the current holder of this gas Franchise in City which would have expired on March 10, 2006; WHEREAS, negotiations regarding renewal of the Franchise are still underway; and, WHEREAS, both parties agree that an extension of the current Franchise under the same terms and conditions until September 30, 2006, or until a new franchise becomes effective, whichever occurs first, is in their best interest; and, WHEREAS, City and Atmos Energy agree that the extension of this Franchise shall not be deemed a waiver by either party to exercise any right afforded by law or any defense. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council hereby agrees to extend the Franchise granted to Atmos Energy, under the same terms and conditions until September 30, 2006 or until a new franchise becomes effective, whichever occurs first. SECTION 2. City and Atmos Energy do not waive any claims or defenses that may exist currently or arise in the future as a result of this extension. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance which shall remain in full force and effect. SECTION 4. All provisions of the Ordinances of the City of Wylie, Texas, in conflict with the provisions of this Ordinance, are hereby repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. This Ordinance shall take effect after its adoption in accordance with the City Charter. 443686-1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS,ON THIS THE 8th DAY OF AUGUST,2006. APPROVED: JOHN MONDY,MAYOR ATTEST: CAROLE E. EHRLICH,CITY SECRETARY 443686-1 ite Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 10 Department: Planning (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: July 28, 2006 Budgeted Amount: Exhibits: Subject Consider, and act upon, the acceptance of the resignation of Weldon Bullock and the appointment of two members to the Zoning Board of Adjustment to fill two unexpired terms. Recommendation Discussion Staff is requesting the appointment of two new members to the Zoning Board of Adjustments (ZBA). The appointments would fill the unexpired terms of Weldon Bullock, who has resigned after serving almost 10 years on the Board, and of Jan Sargent, who has missed three consecutive meetings. Per the Local Government Code, the City Charter and the Zoning Ordinance, the ZBA is to consist of 5 regular members, with the local option to appoint 2 alternates. The 2 alternates are only called to attend a meeting when one of the 5 regular members cannot attend. The Board has not functioned in this manner, to the extent that one member who is technically an alternate, has served as Chair. Both of the members to be replaced where appointed as a regular member. In order to remedy the current situation and have the Board function per requirement, the following is suggested. The two members who are currently serving in the alternate positions are Layne LeBaron and Jeff Ellis. It is recommended that these two alternate members be appointed as regular members, and to appoint two new alternate members. Approved By Initial Date Department Director MM 7-28-06 City Manager Page 1 of 1 04/24/2006 13:26 9729343240 E55 PAGE 02 CommissionBoard .& App1icaThi u ' acui SpringI 2006 Y SeC• Office Please return your completed application to the City Secretary's Office at 2000 Highway 78 North,Wylie,Texas 75098. Name: --)e..r r'‘ � \\k Please indicate pour first, second and third preference below. Construction Code Board 0) Planning&Zoning Board Library Board d Wylie Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes,I would be interested in serving on subcommittees that may be formed Personal Information Occupational Information Home Address:1613a4.,Arktpin Business Owner? (1 Yes Pr<o Telephonca" .dl ..J tax: Business Name: E-mail: C,. kcit )'J(.r 2or.Y1R.T Occupation: i have been a Wylie Resident for g _years Business Address: Registered voter? Ries 0 No Telephone: Fax: ` Have you ever or do you currently serve on any city boards? ❑ Yes FT No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) I Yes ❑ No V\4 50►�R Cr tr c) . tarnyi,.1 Nee Please indicate briefly why you would like to be appointed to a Board or Commission: \Ck_LICLe _ ,nnt -_, ttLv ciln-►wsD_i{��,p. L4 C�n�1nuL 4eep ,r _ i (Avy I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to .nerve on the Board/Commission which I have applied or would consider an alternate appointment to a second or third service preference. 1.4 Signature Date FOR OFFICE USE ONLY •�����•�• .. DateApplicationReceived.. !vim . NewA . • ppttcettt,7/�Yts'ONO lt'mo appl;ca»t p�svi�t+sty s+ervaa oil • Via:t]wobsiteDmeil Elm,person Qrefetial Onevrspaper: • : Attended Applicant's Aeception7 OYcs f714n (elates) :Applicant lnter iiew Scheduled : . • Appointmentrmade to T OStatement&Oath Completed ONe - Expires.• appaxrhnrnt made at this tie,retain application for one year.. — ,, „.._ i ion Application Board � Comm SS pring ZOo4 Please return your completed application to the City Secretary's Office at moo Highway 78 North,Wylie,Texas 75098. Name: --S-1,r r-r\xi b vu ri 62 92 2-.51/ -- Please indicate your first, second and third preference below. l/'G, Construction Code Board f Planning&Zoning Board Library Board Wylie Economic Development Corporation Board Parks&Recreation Board 1 Zoning Board of Adjustments Animal Shelter Advisory Board 11 Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? ❑Yes ^` vo /p a-/ 6'Gi. /2/0 k br Business Name: R re CI Ci Al t_ ` Telephone: `t 7)-- -9 q k gS Fax: Occupation: 6_7.. t e y'me- 3 o y 15- E-mail: J .I) P P btn>1 L-, Co w Business Address: I have been a Wylie Resident for years Telephone: Fax: _egistered voter? 112'cc'es ❑No Have you ever or do you currently serve on any city boards? n Yes ®-No If so, what board/city and dates? , Are you invol ed in any community activities? (Civic or Hobbies) ❑ Yes E No 4r 71 Please indica e briefly why you would like to be appointed to a Board or Commission: Vt.,c}r k— i\ ` ke h e-P\w,e * b - W r►i€. C� I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. , 19�.1.-- — 2 q— a C> Signat Date (FOR OFFICE USE ONLY e Application Received New Applicant?❑Yes❑No Um,applicant previously served on Board via: ❑website❑mail Din person❑referral❑newspaper Attended Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires 0 Statement&Oath Completed ❑No appointment made at this time,retain application for one year. Gayle Walton„-- From: James R Griffin [jgriffinwylie@yahoo.com] Sent: Tuesday, May 02, 2006 6:18 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - James R Griffin DATE OF APPLICATION - May 2, 2006 FIRST_CHOICE - Planning and Zoning Commission SECOND_CHOICE - Zoning Board of Adjustment THIRD CHOICE - Library Board SUBCOMMITTEE - Yes HOME_ADDRESS - 301 W Kirby St #222 HOME_PHONE - 972-461-1934 HOME FAX - HOME EMAIL - jgriffinwylie@yahoo.com RESIDENT YEARS - 1 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS_EMAIL - WHY_INTERESTED - I want to be able to give back to the community that gave me my start as an adult over 20 years ago. I have been on the Board of Zoning Adjustment (1987-88) . I want to be a part of making Wylie better place to live and work, Submit - Submit End of form information 1 Gayle Walton From: Brent Horak [Lhorak@bdo.com] Sent: Saturday, January 28, 2006 11:25 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Brent Horak DATE_OF APPLICATION - January 28, 2006 FIRST_CHOICE - Wyle Economic Develoment Corp. Board SECOND CHOICE - Planning and Zoning Commission THIRD_CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME ADDRESS - 1707 Boxwood Ln. , Wylie 75098 HOME PHONE - 972-941-6477 HOME FAX - HOME_EMAIL - Lhorak@bdo.com RESIDENT YEARS - 2 CONTACT METHOD - Business Phone_ REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSYNESS NAME - OCCUPATION - CPA BUSINESS_ADDRESS - 700 N. Pearl St. , Ste 2000, Dallas, TX 75201 BUSINESS_PHONE - 214-665-0661 BUSINESS_FAX - BUSINESS_EMAIL - Lhorak@bdo.com WHY_INTERESTED - I have lived in Wylie two years now and really enjoy the city and the people and would like to be a part of Wylie's future growth and expansion. Prior to moving to Wylie, I live in Allen for eight years and saw what rapid growth can do to a city both positive and negative. I moved here because of the city's culture and small town atmosphere and would like to do what I can to keep it that way. Thank you for your consideration. Submit - Submit End of form information 1 ,_yam Gayle Walton From: Chad Jordan [cjor42©yahoo.com] Sent: Monday, May 01, 2006 2:48 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Chad Jordan DATE_OF APPLICATION - 05/01/2006 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Wyle Economic Develoment Corp. Board THIRD CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME_ADDRESS - 3105 Charles Ct HOME_PHONE - 972-461-2816 HOME_FAX - HOME_EMAIL - cjor42@yahoo.com RESIDENT_YEARS - 3 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes BUSINESS_NAME - Tridenta Solutions LLC OCCUPATION - Technology Integration Consulting Firm BUSINESS_ADDRESS - 3105 Charles Ct BUSINESS PHONE - 972-837-7343 BUSINESS_FAX - BUSINESS EMAIL - sales@tridenta.com WHY INTERESTED - I believe that Wylie is at a crossroads and that it is important that all citizens take an active role in it ' s continued development. The growth management that is applied today will serve all of it's future residents. Submit - Submit End of form information 1 Gayle Walton From: Matthew Alan Kirk[mkirk@gra-ce.net] Sent: Friday, May 13, 2005 3:00 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME -Matthew Alan Kirk DATE_OF_APPLICATION - 13 May 2005 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE -Zoning Board of Adjustment THIRDCHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME ADDRESS - 710 Claiborn Lane HOME PHONE - 214-876-7902 HOME FAX-972-864-2334 HOME EMAIL - mkirk@gra-ce.net RESIDENT_YEARS - 2 CONTACT_METHOD - Home Phone REGISTERED_VOTER- Yes BUSINESS_OWNER-No BUSINESS_NAME - Grantham& Associates, Inc. OCCUPATION -Registered Professional Land Surveyor BUSINESS_ADDRESS - 1919 South Shiloh Road BUSINESS PHONE - 972-864-2333 BUSINESS FAX - 972-864-2334 BUSINESS EMAIL -mkirk@gra- ce.net WHY_INTERESTED - I would like to participate in Wylie's growth process by helping to insure that it grows at a sensible, realistic rate. Submit- Submit End of form information i Board 8 (ommhion Application 2005 Please return your conpieted appintiol to the City Secretary%Office at i000 Highway 78 North,4Jyhe,Tezam 7iom& Aname: j f'UU A M c i(1n I S J Please indicate your first, second and third preference below.h Construction Code Board 1 Planning&Zoning Board Library Board Wylie Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Yes,I would be interested in serving on subcommittees that may be formed. Personal Information / Occupational Information Home Address:L 3PJ,f(�I( (' y ' Business Owners n���`C� JY�es 1)(No— Telephone: Faa 1. ,� 1 1 Business Name t.. t al 8t Lfi�/S E-mai ) t etiri Occupation ea f fr,r J L I have been a 4Pylic Resident for 15 ears Business Address:I X I)(f n j Registered voter? XYes rlNo Telephone Fax:c0p.7-cuq / g11.2 qq2- -/,2'7 j Have you ever or do you currently serve on any city boards? ❑ Yes❑ 10 If so,what board/city and dates? A ou inv ed in any community activi ' '?(Civic or Ho lies) Yes 0 No Pk, e indicate brie y why you would like to be , 'pointed to a.Boa d or.Commission: l f 1f ► 1 l ' f,� 1 . :a ti a�It7.�+� tfaviw/ /.,, _ _� I<r a./.[litiAie ! , /t!J/ r 1 I t Maw n/ j rd/c f mission I have applied r appointed,I aPe w" 4 I am aware of the meeting dates and tin f the , apP f serve on the Board/Commission which I have applied,or otita consider an iniment to a second or third service preference. • d -uJ re Date FOR OFFICE USE ONLY Date Application Received New Applicant?❑Yes❑No If no,applicant previously served on Board - Via:❑website❑maul Din person Clreferral❑newspaper Attended Applicant's Reception?°Yes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. nisiKunn1n1 Al rNnnr (inn'In inn ca ittMAI Gayle Walton From: KANAYO ONYECHI [ezugo@yahoo.com] Sent: Tuesday, December 20, 2005 9:28 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - KANAYO ONYECHI DATE_OF APPLICATION - 12/20/2005 FIRST_CHOICE - Parks and Recreation Board SECOND CHOICE - Library Board THIRD CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME_ADDRESS - 704 PICKWICK LANE HOME_PHONE - 972-941-6480, HOME FAX - 214-221-0749 HOME EMAIL - ezugo@yahoo.com RESIDENT YEARS - 3 CONTACT METHOD - Business Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes BUSINESS NAME - DIVINE HOME HEALTH AGENCY, LLC OCCUPATION - COMMUNITY LIASION BUSINESS ADDRESS - 11311 AUDELIA RD STE 110, DALLAS TX 75243 BUSINESS_PHONE - 214-221-0790 BUSINESS_FAX - 214-221-0749 BUSINESS_EMAIL - EZUGO@YAHOO.COM WHY_INTERESTED - My burning desire to serve my community in any capacity. Submit - Submit End of form information 1 Gayle Walton From: Angelika Osbon [angelika.osbon@kone.com] Sent: Thursday, April 27, 2006 11:33 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Angelika Osbon DATE_OF APPLICATION - April 27 2006 FIRST_CHOICE - Parks and Recreation Board SECOND CHOICE - Wyle Economic Develoment Corp. Board THIRD_CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME ADDRESS - 3505 Nandina Dr. , Wylie, TX 75098 HOME PHONE - 214-474-0207 HOME_FAX - HOME_EMAIL - angelika.osbon@kone.com RESIDENT_YEARS - 4 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION-- Mechanical Designer BUSINESS_ADDRESS - 2101 Couch Drive McKinney, TX 75069 BUSINESS_PHONE - 1-972-547-1201 x2401 BUSINESS_FAX - BUSINESS EMAIL - angelika.ososbon@kone.com WHY_INTERESTED - I 'd like to serve Wylie and it's residents. I feel strongly about Wylie' s future and all the possibilities that we as a city are capable of fulfilling and exceeding. Submit - Submit End of form information 1 Gaeiton , u v From: Willie Osborne [willieosborne@msn.corn] Sent: Thursday, July 20, 2006 2:11 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Willie Osborne DATE OF_APPLICATION - July 20, 2006 FIRST_CHOICE - Public Arts Advisory Board SECOND CHOICE - Planning and Zoning Commission THIRD_CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME_ADDRESS - 1007 Chilton Drive HOME PHONE - 9725758560 HOME FAX - HOME EMAIL - willieosborne@msn.com RESIDENT_YEARS - 2 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - Retired from Texas Instruments/Raytheon 34 years Sry BUSINESS_ADDRESS BUSINESS_PHONE - BUSINESS_FAX - BUSINESS_EMAIL - WHY INTERESTED - I have always been involved in city and schools where I lived. I think it is very important to stay active in your community. Submit - Submit End of form information 1 Gayle Walton From: Dave Tillery[dave.tillery@gmail.com] Sent: Monday, May 09, 2005 4:15 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME -Dave Tillery DATE_OF_APPLICATION - 05/09/05 FIRSTCHOICE - Parks and Recreation Board SECOND_CHOICE -Zoning Board of Adjustment THIRD_ CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME ADDRESS - 204 Towngate Dr. HOME PHONE - 972.429.0027 HOME FAX- na HOME EMAIL -dave.tillery@gmail.com RESIDENT_YEARS - 1 CONTACT_METHOD - Home Email REGISTERED VOTER- Yes BUSINESS OWNER-No BUSINESS NAME - OCCUPATION -Application Developer/ Systems Analyst BUSINESS ADDRESS - BUSINESS PHONE - 214.239.3100 x8845 BUSINESS FAX- BUSINESS EMAIL - WHY_INTERESTED - I would like to be appointed to a board or commission so that I may do my part in actively serving the community in which I live. I want to help make a difference in any way that I can be involved. I would like to learn more about the process flow and inner workings of the city government so that I may become more knowledgable about all levels involved and enable me to become actively involved in more complicated matters in the future if I desire or am called upon to do so. I plan to call Wylie my home for at least the next 20 years,and by being actively involved I feel I can make a difference and help contribute to this beautiful city for many years. I want to do what I can to continue to make Wylie a place I am proud to call home,and a place my children can be proud to call home. I envision this as being just the beginning of my contribution to the City of Wylie. Thanks. Submit - Submit End of form information i Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: Work Session (City Secretary's Use Only) Department: Planning Prepared By: Mindy Manson Account Code: Date Prepared: July 31, 2006 Budgeted Amount: Exhibits: One Subject Consider and provide direction on a proposal by Skorburg Company for the 61.28 acre Hood tract located south of Stone Road and west of F.M. 544. (Zoning Case 2006-11) Recommendation Discussion The developer of the 61.28 Hood tract has requested a work session with the City Council in order to receive direction regarding the proposed development. A work session was held with the Planning Commission on June 20th, and a public hearing on the zoning was held July 5, 2006. The public hearing for the zoning is scheduled for the August 22, 2006 Council meeting. 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UTUJOs SQJflOJ A 1111 .0 . arty Features Roa. • 31 ft Curb and Gutter example . • Collins Estates " rn • 20k sq ft lots ,"T" ■ 41,-0. _0__0_;_ —. ,—.4_,,_0..._0.s_4.-_0_,_ .,_0 .� OPTION A - Collins Estates �+ 1 � ,c= -..'., .n:3;:we. ,7.-„-�1 ._,i.-.,-,Y--_r +-- ,:. may i} r 3-'R.f 1t-_. .r .0 i4 r 0.3r4J0 dr.. 11: .14;i \ i ,_i ,�ii. �,,.. ..i'+t-1■d-T-..'.-4„"r'ta.—ri r•-r�a��-ir:-v'-i ',, r i ii ; i4:1 :11 i !. \..... s , it r x-■=r—.,-t=.: .v .".."-- - ..--r,..- �--- >.. , \ 04 i:t .. 0-- a �yylf.J_ J.! r0..s_4j.i_(3_ ._ .- _ - ,.: ilil. \ \ . _ �r �s�_ a�tsrare—r-_rim=i �i.r .= ; li ,,,'```r\lr rr'11r{ \l Y 1 rl 11 i N t i i 7 1(l.f r'i r' .I' .:% ,;;i \ t ' f 32 r -� a-3aa �/ "�i• z r..,., r-r.' ..v.p,� -.. a,- .x.,.•.�- ,a ....,.,_ ,,�. ..t-..... ..ten . aI I 8[i / i i777 T 1 'L ../* li 'wa _t',...,,.,..__vil , ,44 i �`r t .. . -,-----___ - !S. :, 7: _-_17.71,,-1,.tkr414- ::*a!_s'P. -2- 'ri; 1 mum � AL s°trc.. , te,.„ 4.,, .l�. 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SIO 3 2505 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: Work Session (City Secretary's Use Only) Department: Prepared By: Mike Sferra Account Code: Date Prepared: July 10, 2006 Budgeted Amount: Exhibits: Four Subject Presentation by design firms of Carter & Burgess, Inc., Halff Associates, and Teague Nall and Perkins for design services related to the Founders Park Improvements. Recommendation Discussion The process used to identify the possible finalist design firms for the design of Founders Park Improvements was as follows: • A committee was appointed by the City Manager consisting of Larry Williamson, Mike Sferra, Chris Hoisted, Bill Nelson, and Robert Diaz. • Requests for Qualifications (RFQ) were developed and solicited. • Statements of Qualifications were received from three firms. • All firms were ranked by the committee. • The committee interviewed all three firms. • The committee narrowed the list to two firms to recommend to Council. The two firms will make formal presentations to the City Council of approximately 15 minutes followed by some time for questions and answers. Approved By Initial Date Department Director City Manager Page 1 of 1 FOUNDERS PARK RFQ CONSULTANT SCORE SHEET(SOQ EVALUATION) Teague, Nall & Perkins HalffAssociates Carter::Burgess Robert Diaz 67 71 76 Bill Nelson 57 58 72 Chris Hoisted 65 67 68 Larry Williamson 55 75 80 Mike Sferra 57 71 69 SUBTOTAL POINTS 301 342 365 PRESENTATION SCORE SHEET Teague, Nall & Perkins HalffAssociates Carter::Burgess Robert Diaz 84 93 99 Bill Nelson 69 80 79 Chris Hoisted 69 92 84 Larry Williamson 53 100 100 Mike Sferra 82 92 87 SUBTOTAL POINTS 357 457 449 GRAND TOTAL POINTS 658 799 814 CITY OF WYLIE Request for Qualifications Design Firm for Founders Park Improvements CITY OF WYLIE, TEXAS REQUEST FOR QUALIFICATIONS (RFQ) DESIGN FIRM FOR FOUNDERS PARK IMPROVEMENTS The City of Wylie, Texas invites the submittal of responses to this RFQ from qualified firms (or teams) interested in providing professional services in connection with the design of the Founders Park Improvements. Responses are solicited for this service in accordance with the terms, conditions, and instructions set forth in the RFQ guidelines. Ten (10) copies of your Statement of Qualifications (SOQ) must be submitted. SOQ submittals will be accepted by the City of Wylie Purchasing Division at the following address, until 2:00 p.m. local time June 20, 2006: City of Wylie Office of the Purchasing Manager 2000 North Highway 78 Wylie, Texas 75098 Receipt of responses does not bind the City to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded. For technical questions contact: Mark B. Roath City Manager City of Wylie 2000 North Highway 78 Wylie, Texas 75098 REQUEST FOR QUALIFICATIONS (RFQ) DESIGN FIRM FOR FOUNDERS PARK IMPROVEMENTS I. PURPOSE OF RFQ The City of Wylie invites the submittal of responses to this "Request for Qualifications" (RFQ) from qualified firm(s) interested in providing professional services in connection with the design of the Founders Park Improvements. II. OBJECTIVES The City proposes to retain a highly qualified design firm. Those firms that participate in this (RFQ) process are referred to as "Respondents". The City will give prime consideration to design firms with significant, current experience in the management of projects similar to the City of Wylie project. The City reserves the right to negotiate with one or more parties and shall not be obligated to enter into any contract with any Respondent on any terms or conditions. III. SCOPE OF WORK The Design Firm will be responsible for an overall master plan, site work design, civil engineering and landscape design for the entire Project. The facilities are expected to be compatible with, if not exceed, the needs identified in the Wylie Parks, Recreation and Open Space Master Plan and in accordance with the improvements outlined in the 2005 Wylie Bond Program. The City will expect the successful firm to become familiar with the project including the project history and development up to this point. The selected firm will need to familiarize itself with the existing property and conditions in and surrounding such property and other documents including but not limited to the existing City of Wylie Parks, Recreation and Open Space Master Plan and the current Collin County Parks and Open Space Strategic Plan. The successful firm will be expected to develop multiple site layout options and provide a matrix analysis of suitable layout options along with adequate narrative reports, including but not limited to, the identification of probable costs. The Founders Park Improvements project consists of, but is not limited to, the following: • Seven unlighted soccer/football fields • Seven lighted soccer/football fields • Two baseball/softball fields • Additional parking • Basketball court • Pavilion area • Concession stand • Restrooms • Hike and bike trails • Fencing • Bleachers and concrete pads • Irrigation system • Landscaping • Benches, grills, tables, drinking fountains • Signage The successful design firm will be expected to develop construction drawings that include, but are not limited to,the following: • Layout/Dimension Plan—dimensional layout of all project elements. • Subgrade Drainage Plan — include details for all athletic fields and all improvements. • Site Furnishing, Signage and Graphics Plan — plans and details for all signage, graphics and site furnishings of the project. • Underground Sprinkler System Plan— source water options, layout of irrigation piping, sprinkler heads, valves, controllers, and other related components. • Utilities Plan — includes communication, electrical, sanitary sewer, storm drainage, and water systems. • Construction Details—plans, sections, elevations of elements that are part of the project. • Specifications — includes bidding requirements, bidding forms, supplemental conditions, all technical specifications, and all documentation necessary for bid solicitation. • Landscape Planting Plan — identification of all shade and ornamental trees, planting areas for shrubs, grasses, ground covers, and lawn areas. • Grading Plan — to show proposed surface form, contour of site including all necessary spot elevations, sedimentation and erosion plans, and hydrological calculations for any water detention/retention requirements. • Lighting and Electrical Service Plan — electrical service and distribution plans for all improvements, lighting needs assessment, electrical wiring layouts, control equipment designations, and related installation details. Development of the above plans shall include consideration of the existing site conditions, improvements, and infrastructure. The existing park facilities and components shall be comprehensively incorporated into this project so that the finished product represents a cohesive and fully functional unit. IV. PROJECT FUNDING The bond program includes funding for the proposed improvements as follows: Facility Cost Projection Founders Park $5,470,000 V. ANTICIPATED SCHEDULE Event Date RFQ Solicitation Notification May 30, 2006 Receive SOQ's June 20, 2006 Committee Develops Short List June 30, 2006 Presentations to Committee July 6 and 7, 2006 Committee Recommendation to City Council for July 25, 2006 Approval and Award of Contract VI. PROJECT DURATION A total of $5,470,000 is available for this project from the recent sale of November 2005 bonds. The design of the Founders Park Improvements is expected to begin in August 2006 with construction to begin as soon as possible but not later than February 1, 2007. VII. SELECTION PROCESS Selection of firms will follow the proposal-interview process. From a review of the statements of qualification received, the City of Wylie intends to invite a "short list" of firms to be interviewed prior to making any final selection of a firm for this project. If the City desires to interview your firm, you will receive notification by mail of the date and time of the interview. The City will use a Selection Committee (the "Committee") to evaluate the submittals. The statements of qualifications received will be one part of the selection process utilized by the City, together with the interview, to determine if a contract shall be pursued. The preferred team then will negotiate with the City on fee and contract conditions. If a reasonable fee cannot be achieved with the team of choice, in the opinion of the City, negotiations will proceed with the second choice team until a mutually agreed contract can be negotiated. VIII. EVALUATION CRITERIA A Selection Committee has been appointed. This Committee is charged with identifying the finalist design firms for the City Council to consider and approve. The final decision on the selection of the firm rests with the City Council. The Committee's activities will be as follows: • Review, analyze and evaluate each SOQ received. • From this evaluation, select a"Short List" of respondents. • Interview in depth each selected respondent. • Make final evaluations to determine the selected design firm(s). • Recommend their selection to the City Council for approval. Throughout their review and evaluation process, the Committee will be looking for hard evidence, and demonstrated ability to perform, in a number of key areas. To accomplish this task, the Committee will prepare a list of Selection Criteria. This list will likely include, in no particular order, some of the following areas of interest: • Demonstrated capability of the team in designing similar public facilities. • Current and projected workload and ability to complete the work of the Project in a timely manner. • Expertise and experience of key individuals relative to similar successful municipal park and recreation projects. • References from previous municipal projects. • Evidence that the firm is active and financially secure. • Demonstrated ability to design similar projects within a fixed budget. • Creativity and ability to design functional facilities and amenities which are also attractive to the Wylie public. The evaluation criteria will be grouped into percentage factors as follows: 30% Qualifications and experience 20% Project understanding approach/scope 20% Project team/size of staff devoted to this project 20% References/professional reputation 10% Project plan and schedule Note: Short-listed firms will be asked to provide project specific information and will be able to submit additional information to amplify their submittal. IX. ADDITIONAL INSTRUCTIONS, NOTIFICATIONS,AND INFORMATION A. No Gratuities Respondents shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the City of Wylie for the purpose of influencing this selection. Any attempt by the Respondent to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, shall be grounds for exclusion from the selection process. B. All Information True Respondent represents and warrants to the City of Wylie that all information provided in the response shall be true, correct and complete. Respondents who provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to the City of Wylie for consideration in the selection process shall be excluded. C. Interviews After the initial evaluation of the statements of qualification, Respondents will be notified in writing, of their status in the selection process. Respondents who are "short- listed" should expect and anticipate an interview which will most likely focus not only on the Respondent's program approach but also on an appraisal of the people who would be directly involved in the Project. D. Inquiries Do not contact the City of Wylie or the Selection Committee during the selection process to make inquiries about the progress of this selection process. Respondents will be contacted when it is appropriate to do so. E. Cost of Responses The City of Wylie will not be responsible for the costs incurred by anyone in the submittal of responses. F. Contract Negotiations This RFQ is not to be construed as a contract or as a commitment of any kind. If this RFQ results in a contract offer by the City the specific scope of work, associated fees, and other contractual matters will be determined during contract negotiations. To ensure that the appropriate staff is assigned to the Project, the City intends to make the inclusion of a "key persons" clause a part of the contract negotiations. G. No Obligation The City reserves the sole right to (1) evaluate the responses submitted; (2) waive any irregularities therein; (3) select candidates for the submittal of more detailed or alternate proposals; (4) accept any submittal or portion of submittal; (5) reject any or all Respondents submitting responses, should it be deemed in the City's best interest; or (6) cancel the entire process. G. Professional Liability Insurance The respondent shall have the appropriate liability insurance written by an insurer authorized to transact business in the State of Texas. X. SUBMITTAL INSTRUCTIONS Ten (10) original copies of your Statement of Qualifications (SOQ) must be submitted. SOQ submittals will be accepted by the City of Wylie Purchasing Division at the following address, until 2:00 PM local time June 20, 2006: City of Wylie c/o Jim Holcomb, Office of the Purchasing Manager 2000 North Highway 78 Wylie, Texas 75098 For answers to technical questions, please contact: Mark B. Roath, City Manager City of Wylie 2000 Highway 78 North Wylie, TX 75098 Phone: 972-442-8120 mark.roath@wylietexas.gov To enable the City to efficiently evaluate the responses, it is IMPORTANT that respondents follow the required format in preparing their responses. RESPONSES THAT DO NOT CONFORM TO THE PRESCRIBED FORMAT MAY NOT BE EVALUATED each copy of the response shall be bound using a semi-permanent binding method, to ensure that pages are not lost. Pages shall be no larger than letter-size (8 1/2" by 11") or, if folded to that dimension, twice letter size (11" by 17"). Each section (defined below) shall be separated by a tabbed divider. Elaborate covers, binding, dividers, etc. are not required. The SOQ shall not exceed twenty-five (25)pages in length including cover letter, title page, table of contents, tables and figures, photos or graphic materials, and appendices. The SOQ shall include all documentation required by this RFQ. XI. CONTENT OF SUBMITTAL Each response shall be submitted as outlined in this section. Please include an outside cover and/or first page, containing the name of the Project (City of Wylie, Request for Qualifications: Design Firm for Founders Park Improvements); the name of the Respondent, and the submittal date. A table of contents should be next, followed by tabbed dividers separating each of the following six sections: Section I: Letters The first page following the divider shall be a letter transmitting the response to the City and stating that the proposal set forth in it remains effective for a period of sixty (60) calendar days. If the Respondent intends to subcontract for any of the services, the transmittal letter shall contain the names of all such proposed subcontractors. At least one copy of the transmittal letter shall contain the original signature of a partner, principal, or officer of the Respondent. Section II: Firm Information • Firm name, addresses, and telephone numbers of all firm offices. • Structure of firm, i.e., sole proprietorship, partnership, corporation, and size of firm. • Years firm has been in business. • Names of principals in firm. • Primary contact. • Organizational description. • Description of firm's philosophy. Section III: General Company History/Qualifications • A brief history of the firm and the services routinely provided on municipal park and recreation projects. • An organization chart that explains team member responsibilities. • The resumes of all persons to be assigned to the project with their prospective roles identified. • List of all related design awards and recognition that the firm or key team members of the firm have received. Section IV: Financial and Legal Status: • Describe the general financial capability of the Respondent and attach a current financial statement and balance sheet. • List any actions taken by any regulatory agency against or involving the firm or its agents or employees with respect to any work performed. • List all litigation against or involving the firm or its agents or employees with respect to any work performed. • All insurance coverage that the firm has which would be applicable to the work; • Jurisdictions in which your organization's partnership or trade name is filed. • Jurisdictions and trade categories in which your organization is legally qualified to do business (please indicate registration or license numbers) Section V: Experience and References • Discussion of firm's experience in working with government agencies. • List of all comparable municipal Projects, whether ongoing or completed, including references. Please begin with projects in Texas. For each, please provide: A. Project name and location. B. Year completed. C. Short description of project. D. Names, addresses, and phone numbers of owner and contact person tasked with daily responsibilities of project. E. Names, addresses and telephone numbers of general contractor and other project engineers. F. Design and construction cost and whether or not it was within the project budget. G. Construction time and whether or not it was completed on time. • List of all projects currently under contract. • List of ten (10) government references. Section VI: Management and Organizational Approach - On two pages or less, please describe your management and organization approach to the project. The following should be addressed within this description: • Please describe your firm's understanding of the project. • Describe how the firm will organize to perform the services. • Provide procedures for assisting in the development of project scheduling, coordination of consultants, quality and cost control. • Describe the firm's approach to communication with City personnel, and other specialty consultants. • Description of the firm's approach to code analysis and jurisdictional approvals. Note: In the event that two or more firms are collaborating, Sections 2-6 must be filled out for each firm, with responsibilities clearly delineated between firms. ACKNOWLEDGEMENT OF RECEIPT Re: City of Wylie, Texas Request for Qualifications Design Firm for Founders Park Improvements Please fill in the requested information below as acknowledgment that you have received the Request for Qualifications (RFQ) noted above, including the related RFQ Questionnaire. If your firm has an interest in participating, it is required that this sheet be completed and returned to Jim Holcomb, Purchasing Manager, City of Wylie, 2000 North Highway 78, Wylie, Texas 75098, or faxed to 972-442-8148. Acknowledgement and an affirmative statement of interest will ensure that your firm receives any addenda to this solicitation. RESPONDENT COMPANY: Name Address Phone Fax: RESPONDENT POINT OF CONTACT: Name Title: Phone Fax: Email Our Company DOES have an interest in responding. Our Company DOES NOT have an interest in responding. SIGNED: Printed Name and Title Signed Date 5/2/2006 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 8, 2006 Item Number: 11 Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: July 6, 2006 Budgeted Amount: Exhibits: Subject Consider, and act upon, ranking the finalist design firms and authorizing the City Manager to negotiate a contract beginning with the top ranked firm for the Founders Park Improvements. Recommendation Discussion Should the City Council select a design firm, from the finalist list, then the City Manager will initiate negotiations relative to scope, services, fee and payment schedules with the top ranked firm. If a tentative agreement is reached, then the City Manager will return with a contract for City Council consideration and possible action. If a tentative agreement cannot be reached with the top ranked firm, then negotiations will begin with the second ranked firm, until a tentative agreement can be reached and a contract can be brought to the City Council. Approved By Initial Date Department Director City Manager MBR 08/04/2006 Page 1 of 1 CarterBurgess Request for Qualifications: Design Firm for Founders Park Improvements June 20, 2006 tti:Iritrf 3.1 w _f : 01 • k _ t _ Y .in f l Founders Park Improvements wtv�f Wylie TABLE OF CONTENTS Cover Sheet Section I: Letter re•. Section II: Firm Information Section III: General Company History/Qualifications Section IV: Financial and Legal Status Section V: Experience and References ein �•, Section VI: Management and Organizational Approach y - -aA 'fie-ctae.aa-L . Carterr:Burgess 1 Letters 7950 Elmbrook Drive eift' Dallas,Texas 75247-4925 Carter°°Burgess Phone: 214.638.0145 Fax: 214.638.0447 e- www.c-b.com e- June 20, 2006 City of Wylie do Jim Holcomb Office of the Purchasing Manager 2000 North Highway 78 OIN Wylie, TX 75098 �•. RE: FOUNDERS PARK IMPROVEMENTS Dear Mr. Holcomb: ,- On behalf of our entire design team, we are extremely excited to present our qualifications for providing professional design services for the Founders Park Improvements. Because r members of our Fort Worth Urban Design and Planning team have worked with Wylie in the e-, past on the Parks, Recreation and Open Space Master Plan, we realize the significance of these park improvements in the Wylie community. With that in mind, our Dallas Urban Design and Planning team is committed to providing exceptional responsiveness and design creativity in working with the citizens and city leaders of Wylie on this landmark project. e- To conceptualize this important park, we have assembled an award-winning team of landscape et, architects, architects, engineers and surveying experts from our Dallas office. The integrated ,.. collaboration of these professionals throughout the entire design process allows the vision for the park improvements to be created with a team philosophy. Carter& Burgess is pleased to be 0-4 joined by Gaylen H. Laing Architects for the architectural design of the park improvements. This architectural firm has a reputation for excellence in architectural design, including many recreational projects. Carter& Burgess has worked with Gaylen H. Laing Architects on several other similar projects in the Dallas-Fort Worth area. We believe this team brings an A' unprecedented design presence to serve the City of Wylie. For over 65 years, Carter & Burgess has been a leading firm in Texas for the planning and design of parks and recreational facilities. We take great pride in our community involvement 00, and the opportunity to work with your citizens and city leaders on the design of these park improvements. We are committed to designing park improvements that truly reflect the needs and desires of those using the park facilities. The following pages contain a proposal that will e- remain effective for a period of 60 calendar days. We are eager to hear from you and look ,., forward to presenting our team to you. 2 Sincerely, CARTER & BURGESS, INC. ([) htelS - e- Philip Nee ey, ASL Project Manager Carter&Burgess,Inc. Carter&Burgess Architects/Engineers,Inc. Carter&Burgess Consultants,Inc. C&B Architects/Engineers,Inc. C&B Architects/Engineers,P.C. C&B Nevada,Inc. Nixon&Laird Architects/Engineers,P.C. Firm Information r r _ , rt, ri r" -t {. Founders Park Improvements 0 ' pity�f NMie ek FIRM INFORMATION ei- LOCATIONS STRUCTURE, SIZE AND r Dallas YEARS OF BUSINESS 7950 Elmbrook Drive Starting as a "two-man" e.^ Dallas,TX 75247 landscape architecture e. 214.638.0145 s — and engineering firm in ,i, r ,;� _. 1939, Carter& Burgess is �` "°.; �i now a privately-held cor- Fort Worth (Headquarters) Ni potation that offers full- 777 Main Street IP - . service, multidiscipline Fort Worth,TX 76102 at' consulting services in 817.735.6000 ,‘,' planning, architecture, r. 4 140 ` r engineering, construction y a management and other Other Office Locations related areas.The firm has '^ Arlington been providing professional services for over 65 years A* Austin and has access to professional resources from over ow Baltimore 2,900 employees in 30 offices across the nation, includ- Boston ing 18 planners and landscape architects in our Dallas Chicago office. Columbus Denver NAMES OF PRINCIPALS Detroit James Arbuckle • Read Ballew • Bill Brown • Thad "— Fort Lauderdale Brundrett•Steve Bushong•Frank Carlile•Don Caskey Houston • Scott Clark• Mark Courville • Brad Davis • Clif Davis • Las Vegas Phil Deaton •Eric Dillinger•Fred Evans•Ginger Evans Little Rock •John Fisher• Michael Giaramita • Craig Hale •Wilton " Los Angeles Hammond•Roy Hearnsberger•Jennifer Heisler•Mark — New York Imhoff• Dennis Jerke • Dave Johnson •Tony Kimmey• Oakland Russell Laird,Jr.•John Lindner•Tony Loyd•Gil Mayfield Oklahoma City • Gina McAfee • Patrick McFarlin • Brad Meyer • Terry " Orange County Mitchell • Calvin Morgan • Chuck Nixon • Gary Nuss • ,.. Orlando Randy Offill • Randy Pierce • Bruce Russell • Darrell Phoenix Thompson • Steve Veal • Dennis Waibel • Ben Watts • ok Raleigh Don Young - Sacramento " Salt Lake City San Antonio /^ PRIMARY CONTACT San Jose Carter&Burgess, Inc.•7950 Elmbrook Drive;Dallas,TX ow Seattle 75247 •Telephone 214.638.0145• Fax 214.638.0447 • ,,^ St. George Contact: Philip Neeley,ASLA, Project Manager• Email: Tampa philip.neeley@c-b.com •www.c-b.com Washington, D.C. ". Carter ,Burgess 3 j Ap- ' ,¢ Founders Park Improvements cityWylie '~ ORGANIZATIONAL spatial simplicity. This approach to design produces *— DESCRIPTION structures that immediately serve the client but also allow for future flexibility that is necessary for adapted uses Carter& Burgess, Inc. and expansion. Attention to detail, thoroughness and Carter& Burgess specializes in bringing ideas to real- clear communication are emphasized on every project ity, providing full-service solutions in design, planning, and has become the keystone of the firm. landscape architecture,survey,full engineering,environ- -- mental services and construction management services s,, from a single source. r We are a full-service engineering,architecture and plan- r`-°;-- -� ning firm focused on meeting project goals by assembling . multidisciplinary project teams to provide our clients specialized attention and service. Carter & Burgess , has grown to rank among the nation's top planning and WNW .— engineering firms. - a Our service areas include the following: ,Architectural Services IJIP .Building Programs --- .Construction Management and Testing :Design Visualization .Environmental .Geographic Information Systems FIRM PHILOSOPHY .Land Development Our approach to park planning and design is simple.We .Landscape Architecture listen carefully to the needs and desires of our clients :Management and Specialized Services in order to gain a true understanding of the goals they .Public Involvement want to achieve. We work collaboratively to realize that .... .Public Works vision through our process and our plans.Combined with .Surveying years of experience and unique expertise,this approach :Transportation enables Carter&Burgess to successfully achieve holistic .Urban Design and Planning solutions of sound planning,essential and creative think- ing and innovative developments. Carter & Burgess is pleased to team with Gaylen H. e^ Laing Architects, utilizing their architectural talent and Carter & Burgess has unmatched experience and expertise. qualifications for Wylie's Founders Park Improvements, including the following: o" Gaylen H. Laing Architect, Inc. Gaylen H. Laing Architect was established in 1997 with Ability a vision toward producing innovative, economical and Carter & Burgess takes great pride in its ability to finely crafted architecture and interior design. Gaylen expedite all projects from programming through the Laing has over 20 years of broad experience in design, completion of construction. With broad experience in production and project management. Skilled in creative urban design and park planning, the firm has a well- design solutions and direct client interaction, he has established and effective decision-making process that the ability to develop projects from conceptual design allows a project to move quickly through technical deci- through comprehensive construction documents and sions and also permits the professional team to respond ._ work with contractors for a polished end result. to program demands. Because of the size of our staff, we can handle large multi-disciplined projects. We are The firm's approach to architecture is to produce work fully committed to our corporate philosophy of meeting _ that is a product of the present with a style that is time- all schedule milestones and providing consistent,timely less. A strong emphasis is made toward conceptual and communication to our clients. - Carters:Burgess 4 Founders Park Improvements city�f W lie Management :The Carter & Burgess staff is client-interactive. We The key to guiding projects smoothly through planning, communicate with the client throughout the design pro- design and construction while meeting the client's cess to maintain consistency with the client's vision as needs and objectives for cost and schedule is effective the project unfolds. management by an experienced management team. ... Carter& Burgess has been that management team for :The Carter & Burgess staff understand the client's our clients. budget and time constraints.We have extensive experi- ence designing within public budgets and under fast-tract Our approach combines traditional values of responsi- schedules.We understand the foresight required to opti- bility and teamwork with the latest techniques in project mize creative time, as well as to maximize resources. controls and information management. We emphasize responsiveness, quality control, cost-efficiency and :Our ability to provide creativity and sensitivity to this attention to detail. Our staff provides a wide variety of project is demonstrated by our numerous awards for innovative approaches for the planning,design,construc- design work judged by peer groups such as the American tion and implementation of complex projects. Society of Landscape Architects,the American Planning Association,Texas Recreation and Park Society and the Urban Land Institute. —Mar— C14►11011/ AirropAig. Arrhr&-k= UNermWofi RS6eUl.TW ams Reliability More than 91%of Carter& Burgess clients are repeat clients, attesting to our ability to serve our clients in a satisfactory manner. We understand that each missed timeline has a ripple effect on the schedule,so we com- municate regularly with our clients to ensure that all deadlines are met. e. Creativity Our planners and landscape architects have strong de- sign backgrounds and are proven,creative thinkers.This creativity is demonstrated in several distinctive ways: :The Carter & Burgess staff is site-responsive. Our urban design planners become intimately familiar with the lay of the land, gathering historical, topographic, vegetation, soils and cultural data. Program and cre- o— ative solutions are then blended with this information to maximize the design solutions and minimize impacts to the natural and cultural resources. Carter:Burgess 5 General Company History/ Qualifications rticity,twyhe Founders Park Improvements rifit0 GENERAL COMPANYHISTORY/ QUALIFICATIONS Carter& Burgess has put together a nationally-recog- nized team of professionals who have worked together COMPANY HISTORY AND on many successful projects to create a vision and SERVICES P R O VI D ED deliver this important park improvement project to the Carter & Burgess has established a reputation for City of Wylie. integrity, reliability and providing high quality services. To civic leaders and other decision-makers that have All work for the City of Wylie,including the overall project capital program responsibilities,Carter&Burgess is the development, planning and scheduling will be led by design and management partner that delivers inspired, Project Manager, Philip Neeley, and Carter& Bur- — creative solutions that lead to the enduring success of gess out of our local Dallas office. Gaylen H. Laing our clients. Architect will be a part of the design team to provide all services relating to the architectural design. Our firm helps leaders of institutions, both public and private, realize their vision. We turn possibilities into Our team has an impressive reputation for award- - realities by helping clients clarify their goals for planning, winning planning and design work with recreational adding creativity and practicality to initial concepts,gain- projects. We realize the significance of this park ing public consensus and effectively managing programs improvement plan to Wylie. Illustrated below is our and projects. team's organizational chart. Detailed qualifications of the team members are listed in the resumes on the following pages. w^ ORGANIZATIONAL CHART eiN e"`' cnr�wale e*, (1)Carter&Burgess,Inc. (2)Gaylen H.Laing Architect,Inc. Project Manager Philip Neeley,ASLA(1) eks Athletic/Recreational Architectural Design Civil Engineering Planning&Design Gaylen Laing,MA, Mark Hill, P.E. (1) �" Henry Hartshorn, NCARB, RID(2) ASLA(1) Sports Lighting/ Structural Engineering Surveying Electrical Engineering Art Hunter, P.E. (1) Gary Vedro, RPLS (1) Mark Johnson, P.E., LEED (1) Cartereurgess 6 u�ty�WMIe Founders Park Improvements PHILIP NEELEY, AS LA YEARS OF EXPERIENCE: 22 PROJECT MANAGER - - Education: CARTER & BURGESS M.L.A.. Landscape Architecture. 1986. University of Texas at Arlington Mr. Neeley brings over 22 years of experience in B.A., Landscape Architecture. 1983, University of park planning and design across Texas. His park and Texas at Arlington recreational experience includes the following areas of expertise: preparation of comprehensive parks, Professional Registration: recreation, and open space master plans; river corridor Registered Landscape Architect: 1986.TX. 1419 and greenway master plans;trail mobility master plans; — design of athletic complexes and major sports complexes; design of community parks and neighborhood parks; design of lake/waterfront developments; preparation .Keller Park System Athletic Complex Phase II, --- of grant applications for obtaining matching funds; and Keller,TX;Project Manager.Carter&Burgess prepared leading multidisciplinary teams through the public input construction plans for multi-use field backstops, dug- process involving citizen input. outs and perimeter fencing. The firm also provided --- engineering and park planning services for a preliminary Mr. Neeley has proven his ability to manage large pond design and fishing pier for the Keller Athletic and complex park-related projects with numerous Complex. Construction documents were prepared for -- stakeholders and challenging issues. In addition, Phase II development, including TPWD Grant Funded ^ he has proven his ability in managing large, diverse Recreational Items and Phase II Non-Grant items (two e's. project teams that include both technical and business new restroom/concession buildings, residential plaza disciplines, as well as in integrating the client's staff in and walkways). The firm also prepared a TNRCC Permit "^ meaningful roles with the team. Application for proposed pond development. Frisco Commons, Frisco, TX; Project Manager. Relevant project experience includes: Carter&Burgess led the team through all phases of the Warren Sports Complex Master Plan, Frisco, design process.This began with the landscape architect TX; Project Manager. Carter & Burgess provided preparing a master plan for the 63-acre signature park, _ conceptual design master planning, master grading founded upon the vision to celebrate the spirit of the — plan and cost feasibility for a 100-acre community park. Frisco community. The park was designed for all age The improvements included a new recreation center, groups and all types of gatherings for the community. tennis courts,soccer fields,softball four-plex, restroom/ Kiest Park,Dallas,TX;Senior Landscape Architect. e- concession area,parking studies,fishing pier and a trail Carter & Burgess prepared a redevelopment Master system. The firm also provided coordination of survey Plan for Kiest Park. The recreational features included including aerial topographic survey for site. soccer and softball fields, new parking areas, a large -Southeast Community Park Master Plan, Frisco, group pavilion and playground area next to a new lake. TX; Project Manager. Carter & Burgess prepared a The master plan emphasized keeping the historic theme, master plan for an 80-acre community park and a 40- including the architectural elements of buildings and acre school facility site. The master planning included stonework characteristic of the 1930's. the development of a campus-style plan with shared % Colleyville City Park 40-Acre Tract Master parking and vehicular access. The program included Plan, Colleyville, TX; Project Manager. Carter & q_ entry roadways, entry monument signage, lighted Burgess provided master planning design services and baseball/softball fields,a city recreation center,a school construction documents for a 40-acre park redevelopment athletic facility, multiple restroom/concession buildings, for the City of Colleyville.The project program included 9 pedestrian plazas,multiple playgrounds,a co-sponsored baseball fields, 6 tennis courts, 2 park buildings, hiking city/Texas Rangers youth baseball field, hike and bike trails,parking for 560 vehicles and an amphitheater and trails, multi-use sport courts, lighted parking, multi-use fishing/viewing overlook adjacent to a pond. fields, utilities, landscaping and irrigation. e- Carter:Burgess 7 Founders Park Improvements '+'itv 7f Wylie HENRY HARTSHORN, ASLA Years of Experience: 16 ATHLETIC/RECREATIONAL Education: PLANNING & DESIGN - B.L.A.. Landscape Architecture, 1990 Texas Tech CARTER & BURGESS University Mr. Hartshorn has over 16 years of experience in site Professional Registration: planning,civil engineering, landscape architecture and Registered Landscape Architect: 1999.TX. 1954 construction management. He is currently a senior landscape architect. His landscape architectural work includes project management and planning for lighted baseball/softball fields, a city recreation center, public sector projects, including parks and recreation a school athletic facility, multiple restroom/concession projects. This experience includes master planning buildings,pedestrian plazas,multiple playgrounds,a co- through construction documents and construction sponsored city/Texas Rangers youth baseball field,hike administration for various parks and athletic complex and bike trails, multi-use sport courts, lighted parking, projects. His experience also encompasses numerous multi-use fields, utilities, landscaping and irrigation. federal projects including several projects for the Army .Warren Sports Complex Master Plan, Frisco, TX; Air Force Exchange Service and the US Army Corps Deputy Project Manager. Carter & Burgess provided of Engineers. conceptual design master planning, master grading plan and cost feasibility for a 100-acre community park. Relevant project experience includes: The improvements included a new recreation center, Kiest Park, Dallas, TX; Project Manager. Carter& tennis courts,soccer fields,softball four-plex, restroom/ Burgess provided master planning and design services, concession area, parking studies,fishing pier and a trail including construction documents,for upgrading athletic system. The firm also provided coordination of survey facilities at this existing park. In developing the master including aerial topographic survey for site. plan,it was important to meet the goals of preserving Kiest Warren Sports Complex,Construction Documents Park's beauty and historic structures while developing - Phases 2, 3 & 4, Frisco, TX; Construction Phase open interior acreage into national tournament-class ball Manager. Carter & Burgess provided complete fields. Park improvements included a softball four plex, construction documents for recreational improvements entry restroom/concession building,central plaza area, at Warren Sports Complex, including a softball four parking and connecting trail system. plex,two restroom/concession buildings,picnic pavilion, eft, of Dallas, Fretz Park, Dallas, TX; Project playground, lighted tennis courts, lighted basketball Manager. Carter& Burgess provided master planning courts, sand volleyball courts, multi-use sports fields, and construction documents for upgrading the fishing piers, drainage improvements, parking, lighting, athletic facilities at this existing park. The park entry signage, and picnic area with trail system improvements included softball fields, ballfield lighting throughout the park. and connecting trails.The project included reorientation City of Dallas, Crawford Elam Park, Dallas, TX; Project Manager. Carter & Burgess provided master and reorganization of three baseball and softball fields, planning and construction documents for upgrading all of which had overlapping outfields. The fields were reconstructed and reoriented to improve the park's athletic facilities at this existing community park. The functionality. park improvements included soccer fields,sports lighting 'Southeast Community Park Master Plan, Frisco, and trail system. TX; Deputy Project Manager. Carter & Burgess ,Mansfield ISD,Mansfield,TX;Landscape Architect. prepared a master plan for an 80-acre community park Carter & Burgess provided design services including and a 40-acre school facility site. The master planning construction documents for athletic facilities,landscaping included the development of a campus-style plan with and irrigation of eight different school sites. The shared parking and vehicular access. The program improvements included a running track,football,softball included entry roadways, entry monument signage, and soccer fields, tennis courts, restroom/concession buildings,field events, landscaping and irrigation. Carter:Burgess 8 Founders Park Improvements )f Wylie GAYLEN LAING, AIA, Years of Experience: 26 NCARB, RID Education: ARCHITECTURAL DESIGN - School of Architecture. University of Texas at GAYLEN H. LAING ARCHITECTURE Arlington Mr. Laing has over 26 years of experience with master Professional Registration: planning,programming,architectural design and interior Registered Architect: TX. 12908 design. He has served as a project manager, project Registered Interior Designer: TX. 8365 architect and project designer for many types of facilities including religious, educational, public, medical, office, ,Oak Creek Park Tennis Center, Carrollton, TX; retail and residential. Architect. Mr. Laing coordinated with team members Relevant project experience includes: from Carter&Burgess to develop the design for the main entrance building to the Oak Creek Tennis Center. Frisco Commons, Frisco, TX; Architect. Carter & Colleyville City Park Redevelopment, Colleyville, Burgess led the team through all phases of the design TX;Architect. Along with Carter& Burgess, Mr. Laing process. This began with the landscape architect provided design services and construction documents preparing a master plan for the 63-acre signature park, for a 40-acre park redevelopment. The project included founded upon the vision to celebrate the spirit of the TPWD grant funded items and non-grant items. Frisco community. The park was designed for all age Alden Lake Park, Alden Bridge Village, The groups and all types of gatherings for the community. Woodlands, TX; Design Architect. Mr. Laing was Early on, the team of landscape architects facilitated responsible for the design and construction documents programming discussions with citizens, user groups, for a swimming complex and large lakeside picnic city leaders and city staff. After approval of the master pavilion. plan,the landscape architect led the team of architects, -Saddle Hills Park West, TX; Design Architect. engineers, and graphic designers in final design and Mr. Laing was responsible for design and construction construction documents for the development of Frisco documents and specifications for a fishing pavilion,picnic Commons. pavilion,playground pavilion and a concession/restroom .Warren Park Sports Complex,Frisco,TX;Architect. building. Coordinating with Carter & Burgess' landscape .Northwest Community Park, Midland, TX; Design architects, Mr. Laing designed and coordinated all of the Architect. Mr. Laing was responsible for construction architectural components for this project. Architectural documents and specifications for a concession/restroom theming was carried out utilizing natural materials, building. including field stone, corrugated roofing, rough hewn Keller Sports Complex Restroom/Concession wood trusses and planking. The use of indigenous Building, Keller,TX Texas materials maintained the simple, non-invasive -Broughton Recreation Center Remodel, design themes established as part of the original master Longview,TX plan. His project responsibilities included coordination .Gutherie Park, Pavilion,Waco,TX on conceptual design,design development,construction Saddle Hills Park West, Concession Buildings, documents and construction administration. White Settlement,TX Indian Creek Ranch Park,Carrollton,TX;Architect. Mr.Laing coordinated with team members from Carter& Burgess to develop the design for a picnic structure and focal element for Indian Creek Ranch Park. r. e Carter::Burgess 9 d `` Founders Park Improvements Awl* MARK HILL, P.E. Years of Experience: 20 CIVIL ENGINEERING - CARTER & BURGESS Education: r` B.S.. Civil Engineering. 1986, Texas A&M University College Station Mr. Hill brings 20 years of experience in the water and wastewater infrastructure of municipalities. His work professional Registration: as a consulting city engineer for several communities Professional Engineer: 1994.TX; 79446 has allowed him to interact with city staff and elected officials and has provided him with an understanding of the needs and limitations of municipalities. Mr. Hill has assisted in the development of master plans; capital constructed for sludge handling and nonpotable water improvement programs for water, wastewater, paving system was utilized for wash down and process water and drainage; budgets; impact fees and development needs. A combination laboratory, office and blower standards. His experience within the water industry building was constructed. e, includes design and project management of treatment, . Hackberry General Services, Hackberry, TX; distribution, transmission, pumping, master planning, Project Manager.The project included the performance CCN boundaries, water wells and storage. of general services for the City of Hackberry, including engineering, planning, survey, environmental. Relevant project experience includes: Wal-Mart Water System Improvements and University of North Texas Waranch Tennis Center, Sanitary Sewer Extension, Sanger, TX; Project Denton, TX. Carter & Burgess designed a new tennis Manager.The project consisted of a high-service pump complex on the UNT campus. The complex included station, 500,000-gallon elevated storage tank, a 750- r. 12 lighted courts, fencing and screening around all gpm water well and a new 12-inch waterline extending courts, bleachers for 300, parking, public entry pavilion from a high-service pump station to a 500,000-gallon and restrooms, 5 pavilion player rest areas and elevated water tank at the Wal-Mart distribution facility. r- landscaping. The system was designed to provide domestic as well .Baseball Field, Groesbeck, TX; Project Engineer. as fire flow capabilities. An 8-inch sanitary sewer line The project consisted of the design of a high school was extended from the Wal-Mart site south to existing e- baseball field for the Groesbeck ISD.The design included sanitary sewer system as well. grading, irrigation, fencing and concrete dugouts. %Frisco Master Water and Wastewater Plan Updates, Provisions were made for future lighting as well. Frisco,TX; Project Manager.The project consisted of Lake Springfield Dredging,TX; Project Engineer. various updates to water and wastewater master plans. The project consisted of specifying dredging equipment The system was modeled using computer software, for use by the City of Groesbeck personnel to dredge and scenarios for several large developments were Lake Springfield, which is the city's water source. In analyzed.Awater model was calibrated utilizing fire flow addition to dredge equipment, design of spoil area, data provided by the city. The master plans were used consisting of multiple earthen cells for settling of to develop capital improvement projects. dredged material and returning water back to lake,was Street Improvements,Ferris,TX;Project Manager. performed.All work was performed by city employees. The project consisted of four phases of design and .Wastewater Treatment Plant, Frisco, TX; Project construction of old city streets. The existing streets Engineer. The project consisted of a new 1.5 MGD were removed, the base was cement stabilized due to wastewater treatment plant with future expansion high sulfate levels and a new surface was constructed. to approximately 20 MGD. The plant consisted of a The streets consisted of concrete with curb and gutter, conventional activated sludge process incorporated asphalt with concrete curb and gutter, asphalt with bar in a single rectangular basin. The lift station was sized ditches and two-course penetration surfaces. for ultimate flow with smaller pumps initially installed. In addition, provisions for mobile belt press were Carter Burgess 10 Founders Park Improvements MY' g Wile MARK JOHNSON, P.E., LEER Years of Experience: 27 SPORTS LIGHTING/ ELECTRICAL ENGINEERING - Education: B.S.. Electrical Engineering. 1978, Texas Tech CARTER & BURGESS University Mr. Johnson has over 27 years of experience covering Professional Registration: all areas of electrical engineering, construction, multi- Professional Engineer: 1983. TX. 54618 discipline coordination and project management. His LEED Acredited Professional specific design experience includes high and low voltage power distribution, exterior/interior lighting design, .Santa Fe Consolidated Transportation Center,TX; "' grounding, emergency generator and uninterruptible Electrical Engineer. The project involved providing — power systems, fire alarm and security systems and program management, conceptual and schematic Energy Monitoring and Control Systems. His background layouts, preliminary and final design, environmental ranges from cost estimates during preliminary design permitting, construction management and inspection development to complete architectural and engineering services for an award-winning 250-acre switching, _ quality control of projects to construction administration classification, fueling and maintenance facility. services. :Core Laboratory, Irving, TX; Electrical Engineer. This project included lighting,power and communication Relevant project experience includes: systems for a 150,000-square foot office headquarters Colleyville Parks Restrooms, Colleyville, TX; and laboratory complex. The laboratories utilize Electrical Engineer. Carter & Burgess provided the clean rooms, special room exhaust systems and e" design of three restroom buildings for three existing specialized isolated foundations for intricate measuring /', parks, including two small restrooms, one large equipment. ,., restroom and a concession building. Southwest Airlines Flight Simulator Building, :Alcatel (formerly DSC Communications) PB-11 Dallas, TX; Electrical Engineer. The project invovled Site,Plano,TX;Electrical Engineer.Carter&Burgess the lighting, power and control systems design for a provided electrical engineering for this three-story, 50,000-square foot facility including computer-grade — 195,000 square foot network operations center and power, grounding systems and generator back-up corporate office building, which consists of computer power. r` laboratories, computer training rooms, conference ,Tom Thumb Food Stores,TX;Electrical Engineer. e^ rooms, communications equipment room, plant/ The project included the lighting, power and systems equipment rooms and other support spaces. design, quality control and construction administration -Cottonwood Wastewater Collection System for numerous 50,000-square foot supermarket facilities ea. Improvements,Cedar Park,TX;Electrical Engineer. statewide. es• Carter & Burgess provided professional electrical ,Dallas County Community College District Major services for approximately a 2000-gpm triplex Renovations and Rehabilitations,Dallas,TX;Senior submersible lift station. Electrical Engineer. Carter & Burgess provided e' .Love Field Passenger Terminal HVAC Replacement, architectural design, mechanical, electrical, structural e-. Dallas,TX;Electrical Engineer.This project included and civil engineering and construction administration the replacement of an entire HVAC system, including services to conduct major system-wide renovations and central energy plant equipment, piping systems and rehabilitations at 10 campus locations. The projects air distribution systems for a 1,000,000-square foot ranged from ADA compliance upgrades to re-lamping ,... passenger terminal Building at Dallas Love Field stairwells with fluorescent lights to replacing existing Airport. chillers. Other duties included rezoning a fire alarm system,replacing a performance halls orchestra pit/stage ',° platform lift system, repairing sidewalks and upgrading r. 1,800-linear feet of a campus road. CarterNBurgess 11 .- .r. Founders Park Improvements City 3f Wylie ART HUNTER, P.E. YEARS OF EXPERIENCE: 27 STRUCTURAL ENGINEERING - Education: CARTER & BURGESS M.S.. Civil Engineering. 1989, University of Texas at Arlington Mr. Hunter has more than 27 years of experience in B.S., Civil Engineering, 1978, University of the design of transportation and civil works structures. Texas at Arlington His experience includes structural analysis and design, preparation of plans and specifications, economic Professional Registration: analysis and reports and administration of construction Professional Engineer. 1983,TX, 53138 contracts.His experience with new bridge design includes pedestrian, highway, railroad and transit projects. He has designed both simple and continuous span ,-Lakeview Road Relocations, Grand Prairie, TX; concrete and steel bridges. His projects have involved Structural Engineer.Carter&Burgess was responsible blending seemingly incompatible criteria as construction for the design of twin causeway bridges at two locations phasing,aesthetics,complex geometrics into functional, across Joe Pool Lake, including a cost study and final economical and award-winning projects. design of prestressed concrete beam superstructures. The total length of both crossings was approximately Relevant project experience includes: 3,900 feet. ,-Renner Road Improvements Engineering Study, Santa Fe Railroad Bridge over Independence Richardson, TX; Structural Engineer. Carter Parkway, Plano, TX; Structural Engineer. Carter & & Burgess performed bridge alternative analysis Burgess designed and prepared plans, specifications and report to determine functional, aesthetic and and quantities for a railroad bridge,which was a single economical structure for this award-winning project. track,two-span badge with a total length of 156 feet.The The firm designed an 800-foot bridge, including 400- project consisted of a cast-in-place slab on AASHTO IV foot continuous slab units with overhangs,notched end prestressed concrete beams. ' k precast prestressed concrete box beams with slope -AT&SF Railway Intermodal Facility,TX;Structural r` facia on exterior beams and hammer head piers with Engineer.The project involved structural design services r,. inverted-T cap. at an award-winning 160-acre facility. The IMF Bridge is Gaylord Trail Boulevard, Grapevine, TX. The a five-span, 243-foot,simple-span bridge with precast, project included the design of a main entry boulevard prestressed concrete AASHTO IV splayed girder layout e- to the Opryland, Texas complex. The design involved on skewed bents with a maximum span of 58 feet. alignment evaluation and plan preparation of 8,000 DART North Central Corridor MIS I PE,Dallas,TX; linear feet of four-lane divided thoroughfare with a 500- Structural Engineer.The project included the project linear-foot bridge over a cove of Grapevine Lake. The development and environmental study of a four-mile design also included all of the associated drainage and urban full-capacity line section. This section included a 10-foot by 10-foot golf cart tunnel under the roadway. two highway bridges,five dual track transit bridges from Due to the environmentally sensitive site,the design of 480- to 1470-feet long, three aerial station platforms, extensive retaining walls up to a height of 20-feet was and station coordination of cars, buses and passenger required. drop off. e„ Meyers Road&MacArthur Boulevard,Irving,TX; .Dallas District Bridge Replacement,McKinney,TX; Structural Engineer. The seven-span Trinity River Previous Project Manager. The project included the Bridge is 700 feet long and the 6-span Bear Creek Bridge final plan,specification,and estimates for four highway is 600 feet long. Both bridges were AASHTO Type IV bridge in the TxDOT Dallas District. Carter& Burgess e, prestress beams, 300 and 400 feet continuous slab prepared environmental documents and the final design units and multi-column bents on drilled shaft foundation. of four 120-feet long by 30-feet wide two-lane prestress Carter & Burgess was responsible for bridge design, concrete highway bridges. final plans,specifications and estimates. Carted:Burgess 12 Founders Park Improvements City 3f Wylie GARY VEDROr RPLS Years of Experience: 24 _ SURVEYING - CARTER & BURGESS Education: A.A.S.. Surveying. 1982, Texas State Technical Mr. Vedro has over 24 years of experience in land College surveying with a wide range of projects. He is Professional Registration: experienced in the provision of large boundary surveys, Professional Land Surveyor. 1991, TX. 4934 platting mapping support for land acquisition teams consisting of mapping, project base maps,topographic surveys and ground control for aerial mapping, and special exhibits. He is knowledgeable in the use of GPS .McKinney Airport 800-Acre Tract Survey,McKinney, and first order control procedures. He has experience in TX; Project Director. Carter & Burgess provided all phases of construction layout and research of public professional surveying services to the Hillwood land records. He also is familiar with the preparation of Development in connection with the sale of an 800-acre GIS structures and title research. tract surrounding the McKinney Airport. University of Texas Southwestern Medical Center Relevant project experience includes: Substation Distribution System, Dallas, TX; Survey City of Waco, Brazos Riverwalk, Waco, TX; Team Leader. Carter & Burgess provided design of Surveyor. Mr. Vedro prepared surveys for design a new substation distribution system to the 10-million plans and construction documents for trail and related square foot campus located north of downtown Dallas. improvements through the city's museum district and The substation features a pair of 70MVA, 138- 13.2kV ,r- Baylor University frontage of the Brazos River Corridor transformers, a pair of 13.2kV metalclad switchgear as an outcome of the Citywide Bike Trail Master Plan line-ups,a pair of 138kV high-side circuit switchers and prepared by Carter& Burgess. a pair of 10MVAR metal-enclosed capacitor banks for e"' Brookside Subdivision, Allen, TX; Surveyor. Mr. power factor correction. Each substation transformer is e. Vedro provided design and construction documents for sized to carry the entire campus load in the event one the Brookside Residential Subdivision amenity center, transformer or bus is lost. as well as the entry signage and perimeter fencing. .Lone Star Ranch 1300-Acre Tract, Frisco, TX; e" The project included an amenity center layout, pool, Surveyor. Carter & Burgess provided land planning r► playground, jogging trail, entry feature, planting plans services for a 1300-acre tract in Frisco of a master and perimeter fencing. planned development. .Anderson 26-Acre Tract Land Planning,Lewisville, .The Plantation Resort Residential Subdivision els TX;Surveyor.Carter&Burgess provided land planning Phase III C, Frisco,TX; Surveyor. Mr.Vedro provided and feasibility study for a 26-acre tract on Sandy Lake construction plans and plat for a 155-lot, single-family at Coppell Road. subdivision at the southwest corner of College Parkway .Bristol Heights Subdivision, Grand Prairie, TX; and Coit Road. Surveyor.The project involved the development of 230- .The Villages of Russell Creek, Plano,TX;Surveyor. e, lot Bristol Heights subdivision at Magna Carta Drive and The project included the preliminary and final platting, SH 360. The project included zoning, platting, water, paving,grading,utility and drainage design for a 17-acre, sewer,drainage, paving and grading plans. 57-lot Phase 2A and a 16-acre, 52-lot Phase 2B. .Keller Town Center, Keller, TX; Surveyor. The project included the planning, landscape architecture, surveying and civil services for a 130-acre retail, commercial, municipal and residential development to include the Keller Town Hall. r e Carter:Burgess 13 Founders Park Improvements ti:ity PERFORMANCE AWARDS Since 1939,Carter&Burgess has provided park planning '-The Texas Recreation and Park Society presented and urban design services for a number of projects Carter&Burgess with the Excellence in Planning Award recognized for design excellence. Some of the more for its work on the Dallas Park and Recreation project, recent or significant project awards include: called A Renaissance Plan-March 2004. Frisco Commons (formerly McKinney Road Park), Frisco, TX, won the Associated General Contractors - Excellence in Construction Award which was submitted s "� beft. y Johnson Products (steel erector)-2005. 'F e" )-The Fair Park Comprehensive Development Plan, r Dallas, TX, was selected as a 2005 Texas Chapter ASLA Award Recipient, receiving a"Merit"Award in the Planning and Analysis category. r ,Carter&Burgess earned a Planning&Analysis Honor e" Project Pegasus Urban Design, Dallas, TX, was Award from the Texas Chapter of the American Society of selected as a 2005 Texas Chapter ASLA Award Landscape Architects(ASLA)for the firm's development Recipient, receiving an "Excellence" Award in the of A Renaissance Plan -2003. Planning and Analysis category. r., ,•The Canyon Lakes Feasibility Study in Lubbock,Texas White Rock Lake, Dallas,TX,was selected as a 2005 received a Merit Award in the Planning and Analysis Texas Chapter ASLA Award Recipient, receiving an category from the Texas Chapter of the American Society �" "Excellence"Award in the Research category. of Landscape Architects--2000. The Arkansas River Corridor Vision Plan was selected ,-The Parks and Open Space Master Plan for the City as a 2005 Texas Chapter ASLA Award Recipient, of Benton, Arkansas received a Merit Award from the e' receiving an"Honor"Award in the Planning and Analysis Arkansas Chapter of the American Society of Landscape Category. Architects- 2000. ^ j-The Texas Recreation and Park Society presented American Carter&Burgess with the Excellence in Planning AwardLandscape society of 4vvard erit iiimummuul for its work on the Dallas Park and Recreation project, Architects called A Renaissance Plan -March 2004. �.�,Nh TF...t��,.�,I� .,._a �= nAPA ,.....,.....,�_ 1111 • City of Dallas ,N„�44,,�((t,,l0 w r _ ,,f°. .- Lubbock Comprehensive Parks, Recreation and Open Space Master Plan, Lubbock, Texas: Winner of a Merit Award from the Texas Chapter of the American Society of Landscape Architects- 1998. Carters:Burgess 14 Financial and Legal Status P/itowyhe r...' .,�... a ,y-t ,�.. it'n i 1 v ✓ ,t It1 t1 ire. Vie. 4; -Ott 1 /.. 3 ,,, �, I ' i� I - r,d...a+.. +�,.s. :;,, I14 .. ._ . .P /J` , . r i (�j ry Founders Park Improvements §tY 3f W',lie FINANCIAL AND LEGAL STATUS FINANCIAL INFORMATION INSURANCE r- In our most recently completed fiscal year ending De- COVERAGE (2 0 0 5-2 0 0 6) '' cember 31, 2005, the company generated over $424 Carter&Burgess maintains the following insurance poli- - million in revenues,had assets of$105 million and a net cies, proof of which will be provided upon request: worth of$14.3 million. The firm has a long track record of profitability, generating a pre-tax profit in each of the General Liability: Zurich American Insurance Com- o 66 years that it has been in business.The firm currently pany e.. employs over 2,900 individuals in offices throughout .$1 million each occurrence, $2 million general ag- the United States. We are confident that we have the gregate ,e- resources to efficiently complete the projects in which e" we are currently engaged, as well as others proposed, Automobile Liability: American Zurich Insurance �. according to our clients'schedules. Afinancialstatement Company and balance sheet is listed on Page 17. $1 million combined single limit(each accident) en e" REGULATORY Excess Liability(umbrella liability):($25 million total — AGENCY ACTIONS coverage) There have not been any actions taken by any regula- .$3 million each occurrence/aggregate (American tory agencies against or involving Carter & Burgess Guarantee& Liability) '"" or its agents or employees with respect to any work %$22 million each occurrence/aggregate(Great Ameri- -- performed. can Insurance Company) LITIGATION Worker's Compensation and Employer's Liability: In the ordinary course of business, Carter&Burgess is Sentry Insurance e- a defendant or co-defendant in various litigation matters .$1,000,000 each accident or disease incidental to and typical of the business in which it is engaged. These include civil actions and other matters Professional Liability($40 million total coverage) - in which Carter& Burgess has been named, arising in .$10 million per claim;$500,000 deductible(Lexington the normal course of business activities. In the opinion Insurance Company) of Carter&Burgess'management,the ultimate resolution .$10 million XS$10 million; $0 deductible (Lloyd's of — of these proceedings would not be likely to have a mate- London) vial adverse effect on the results of Carter& Burgess' 45 million XS $20 million; $0 deductible (CNA Insur- -- operation, financial condition or liquidity. Due to the ance Company) confidential nature of these proceedings, we have not .$5 million XS$25 million;$0 deductible(Quanta Insur- e listed them individually, but would be willing to visit with ance Company) officials to review the proceedings prior to selection for .$5 million XS $30 million, $0 deductible (CNA Insur- e'. an interview or the award of projects. ance Company) $5 million XS $35 million, $0 deductible (Lloyd's of /` London) Insurance Reference Scott Miller e+ Wm. Rigg Company 777 Main Street, Suite C-50 Fort Worth,Texas 76102-5333 (817) 820-8162 -- Carter:Burgess 15 pi:, Founders Park Improvements 3f wdle JURISDICTIONS AND C & B Architects/Engineers, P.C., tax ID number 75- TRADE CATEGORIES 2923095, New York 1/18/2001 Carter & Burgess, Inc., tax ID number 751246210, a %Licensed for professional practice in architecture in the states of: Alabama, Idaho, Mississippi, Montana, New 0- Texas corporation 7/31/1967, provides professional York, North Carolina, North Dakota and Oregon. services in the following states: p Licensed for professional practice in engineering in Licensed for professional practice in architecture in the state of New York. the states of: Arizona, California, Colorado, Delaware,Washington D.C., Florida, Georgia, Hawaii, Indiana, C&B Nevada, Inc.,tax ID number 75 2900082,Nevada C&B 6/9/2000 Kansas, Kentucky, Louisiana, Minnesota, Missouri, ;,Licensed for professional practice in architecture in Nebraska, New Hampshire, New Mexico, Oklahoma, the state of Nevada. South Carolina,South Dakota,Tennessee,Texas,Utah, Vermont,Virginia,Washington,West Virginia,Wisconsin e-- and Wyoming. :Licensed for professional practice in engineering in the states of:Alabama,Arizona,Arkansas, California, Colo- rado,Connecticut, Delaware,Washington D.C.,Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mis- sissippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, �., North Dakota,Oklahoma,Oregon,Pennsylvania,Rhode Island,South Carolina,South Dakota,Tennessee,Texas, Utah, Vermont, Virginia, Washington, West Virginia, r" Wisconsin and Wyoming. e- Carter& Burgess, Inc., in association with the following related entities, provides professional services under the following: Carter& Burgess Consultants, Inc., tax ID number 75- e- 2836539, Delaware 7/30/1999 Licensed for professional practice in architecture in the states of: Arkansas, Connecticut, Illinois, Iowa, Maine, Maryland,Massachusetts,Michigan,Ohio,Pennsylvania and Rhode Island. -Licensed for professional practice in engineering in the states of: Massachusetts, Michigan and Ohio. C & B Architects/Engineers, Inc., tax ID number 75- e- 2879959, Delaware 2/28/2000 .Licensed for professional practice in architecture and engineering building design in the state of New Jersey. �- Carters:Burgess 1 6 1.6 '!� 40 ''''''''t,_,,.' "' -1.4..,.•,,,,„.t .'lli'?., . :_ I,__,I.,v.•- --• ,--.----0.--e,"., ,. , ..., ,,. I I F' [_ Founders Park Improvements yIf Write CARTER&BURGESS.INC.AND SUBSIDIARIES OW Consolidated Balance Sheets December 31.2005 and 2004 Assets 2005 2004 Current assets: Cash and cash equivalents(note 5) S 365.691 365.295 Accounts receivable: Erode.less allowance for doubtful accounts of 45.124.193 and S1.238,329 in 2005 and 2004.respectively(note 5) 53.556.449 48.628.169 Other 5.358.750 2.862..143 " 58.915.199 51.490.612 Costs and estimated earnings in excess of billings on uncompleted #1.s." contracts.net(note 2) 23.106.769 15.599.104 Federal income taxes refundable(note 7) 93.387 48.040 Prepaid expenses 5.252.333 7,703.625 10"4 rota(current asses 87.733,379 75.206.676 Property.plant.and equipment.net(note 31 12.817.501 5.790.247 Goahvill 2.799.266 2.799.2.98 Cash surrender value of life insurance 288.473 254.674 Other assets 1335,548 1.142.466 //\ Total assets S 104.974.167 85.193.363 Liabilities and Stackhohleri Equity r^ Current liabilities: trade accounts payable S 15,644.702 11.22E 334 Current installments of long-term debt(note 5) 2.129.149 2.060.319 /, Current income taxes payable(note 7) 122.618 301.056 Accreted liabilities(notes 4 and 91 29,025.902 23.282.674 Defencd income tax liabilities.net(note 7) 15.391.211 14.914.756 Total current liabilities 62.313.582 51.787.339 Long-term line of credit(note 51 8.400,000 5.700.000 Long-term debt.less current installments(note 5) 11,016,942 13,129.056 Long-tens deferred income tax liabilities(note 7) 1.722.262 1.575,880 Other long-term liabilities(note 3) 7,195.944 2.161.386 /\ Total liabilities 90.648.710 74,353.661 Stockholders'equity: Common stock.S0.05 par value per share.1.000.000 shares authorized: 1,000,000 shams issued and 98.731 shares outstanding at December 31.2005: 1.000.000 shahs issued and 107.178 outstanding at()member 31.2004(note 9) 50.000 50.000 Preferred stock.S100.00 par value per share:1.000.000 shares authorized: 37.352 share:issued and outstanding at Ili ember 31.2005(note 10) 3.735,200 Additional paid-in capital 35.217 35.217 r Retained earrings 46.183.539 41.576.034 Accumulated other comprehensive Inns 150.444) (78,807) 49.953.512 41.584444 Treasury stock.at cosh:901.269 shares at December 31,2005. and 892.821 shares at December 31.2004 135.628.0751 (30744.742) I/4, Total stockholders'equity 14.325.437 10.839.702 S 104.974.167 80.193.363 Pk Sec accompanying notes to consolidated financial statements. CARTER&BURGESS,INC.AND SUBSIDIARIES Consolidated Statements of Operations Years ended December 31,2005 and 2004 I^ 2005 2004 Professional fees $ 423.920,591 375.951,477 r^ Expenses(notes 6,8,and 9): Direct project expenses 128.554.269 117,661,220 Subcontractor fees 76,646,037 68,211,790 '� Depreciation and amortization 2,032,049 1,328,745 Indirect expenses 207.642.306 178.815.464 ,^ Total expenses 414.874,661 366,017.219 Operating income 9,045.930 9,934,258 64"x Other income(expense): Interest expense (825,943) (850,985) /►. Interest income 104,421 85,037 Other income,net 435,602 297,824 Total other income(expense),net (285,920) (468,124) Income before income taxes 8,760,010 9,466.134 r Income taxes(note 7): Current: Federal 3.078,333 3,051.960 ,(0" State 399,985 552,145 Deferred: Federal 566.657 845.600 State 56,180 160,665 Total income taxes 4,101.155 4,610,370 Net income S 4,658,855 4,855,764 See accompanying notes to consolidated financial statements. Carter::Burgess 17 Experience and References r/ity3fwyhe Founders Park Improvements ?1Y City Wrlie EXPERIENCE AND REFERENCES EXPERIENCE WITH Rangers' player, contributed to the new field, which the GOVERNMENT AGENCIES Carter& Burgess team themed after Fenway Park due to As demonstrated on the following pages,Carter&Burgess Rusty's enjoyment of playing in Boston's historic stadium. has a long history of success in working with government This complex will allow Frisco to attract and host regional, agencies. Carter & Burgess provides a broad range of state and national events. The city is already known design and management services to local,state and federal for its sports destinations for minor league baseball and agencies. Our park and recreation experience includes ath professional soccer. Phase I also includes a multi purpose letic park/complexes, community/regional parks,strategic field area for football and soccer,lighted parking,pedestrian planning for park systems,city and county master planning plazas and extensive landscape improvements. Carter& and site design for military facilities, master planning, site Burgess is currently working on the Phase II design. design and program management for state park systems Date Completed:2005 and federal park planning. We strive to create a high quality Contact:Rick Wieland; Director of Parks and Recreation; legacy for every agency through our design. Carter&Bur 6891 Main Street; Frisco,TX 75034; 972.335.5517 gess also supplies extensive park and recreation planning, General Contractor:Dean Electric dba Dean Construction; inventory and analysis,design and construction observation 701 Hall St.; Cedar Hill,TX 75104;972.291.7153 services to meet any client's needs. Other services range Design CostlConstruction Cost: from assisting with funding packages to establishing poli $450,000/$4,500,000 cies and programs. Construction Length of Time: 3 years, 8 months Our firm planners help municipalities craft strategic park Project Completed on Time&Within Budget:Yes plans by analyzing operational processes, performing resource inventories,evaluating public rankings of existing programs,and analyzing budge constraints and human re WARREN SPORTS COMPLEX sources. These plans will help determine the park systems' FRISCO, TEXAS mission,workload, budget and staffing priorities. After the City of Frisco completed its first phase of construction on the Warren Sports Complex, city officials COMPARABLE PROJECT discovered the park's design had major drainage problems. EXPERIENCE City officials commissioned Carter & Burgess to develop a master plan for the park and to correct the design HAROLD BACCHUS COMMUNITY PARK mistakes. .:a FRISCO, TEXAS Carter& Burgess also developed the design plans for the Guided by the Southeast Community Park Master Plan subsequent three phases of the park's construction.When previously developed by Carter & Burgess, the design the Carter&Burgess team prepared the master plan update, team prepared construction documents for the Phase I it incorporated existing amenities including 12 soccer fields, development. Harold Bacchus Community Park(formerly a parking lot with 200 spaces and a 6-acre lake. called Southeast Community Park) is on east side of Frisco, along FM 3537, and provides a "gateway" image For this 100-acre park in northern Frisco surrounded by for visitors arriving in Frisco. The park is programmed to upscale neighborhoods, Carter & Burgess incorporated include active sports fields for competitive games,as well a state-park design theme by using Granbury limestone, as passive activities along the wooded creek corridor for a heavy timbers,metal roofs and tapered columns.Wooden variety of recreational use. trusses acted as signature pieces throughout the park with a large stone arch at the soccer's restroom/concession Phase I includes a high-profile youth baseball/softball 5- building. plex, including a signature field themed after Fenway Park in Boston. The Texas Rangers and Rusty Greer, a former 00- Carterieurgess 18 Founders Park Improvements uty�f Wylie and city staff.After approval of the master plan,the ! 1 I "1111111111rpm. aril I--II. ..l�, landscape architect led the team of architects,engineers,:: , i and graphic designers in final design and construction j1rT 1 • — 1 ' documents for the development of Frisco Commons. . - _A.:... ` ` Date Completed:2004 Contact: Rick Wieland; Director of Parks and Recreation; 6891 Main Street; Frisco,TX 75034; 972.335.5517 General Contractor:Dean Electric dba Dean Construction; - 701 Hall St.; Cedar Hill,TX 75104; 972.291.7153 - Design Cost&Construction Cost: K $38,000/$382,000 Construction Length of Time:2 years, 7 months Date Completed: 2002 Contact:Rick Wieland; Director of Parks and Recreation; Project Completed on Time&Within Budget:Yes 6891 Main Street; Frisco,TX 75034;972.335.5517 General Contractor:Dean Electric dba Dean Construction; COLLEYVI LLE CITY PARK 701 Hall St.; Cedar Hill,TX 75104;972.291.7153 Design Cost/Construction Cost:$15,000/$150,000 COLLEYVILLE, TEXAS Construction Length of Time: 3 years, 4 months Project Completed on Time&Within Budget:Yes In the 1980's, Colleyville acquired a 40-acre parcel of land near the center of the community, which would begin to be used as a youth baseball facility and park department FRISCO COMMONS headquarters. Over the first few years of development,the r FRISCO, TEXAS youth sports leagues and volunteers constructed several baseball fields. While the city maintained the fields, there PIN were significant drainage problems leaving many of the facilities unusable for long periods of time. After a rain, _ _ no structured paved parking areas existed and limited - _�. makeshift amenities were present. �., .-. Ii""' 1 -i '1 t .-X. 11 .._ s i — As the prime consultant for the design team, Carter& ;'git'JUN '1,11J '"' Burgess led the team all of the design r ' .. -�f '- throughphasesfir— process.This began with the landscape architect _ _ preparing a master plan for the 63-acre signature park, founded upon the vision to celebrate the spirit of the — Frisco community.The park was to be a great place for As the city grew during the 1990's,city officials realized the _ people to come together-a true community. In contrast park needed to be improved. In 1995, the city contracted to the demand for athletic fields in this fast-growth with Carter & Burgess to develop a master plan and "' community, Frisco Commons was intended to be a place implementation strategy for the complete redevelopment .--. for relaxation,contemplation,celebration and passive of the park.With the redevelopment of City Park being the recreation.The park was designed for all age groups top priority of the city's parks and open space master plan, and all types of gatherings for the community. Early on, Carter & Burgess led the city through a master planning r- the team of landscape architects facilitated programming process that included extensive public meetings.Through discussions with citizens, user groups,city leaders these meetings the most important program items and CarteraBurgess 19 r / Founders Park Improvements CRY 3f Wdie recreational elements for the park were established.After Kiest Park was established in 1930 when Edwin Kiest, an extensive analysis of the site and surrounding land uses, owner of the Dallas Times Herald and president of the Carter&Burgess incorporated the following elements: six Dallas Parks Board, donated 176 acres of beautifully baseball fields, three softball fields, six tennis courts, 1.5 wooded land to the city in memory of his wife, Elizabeth.A . , miles of hiking/biking trails, a 500-seat amphitheater, a few years later, Mr. Kiest added 88 adjoining acres to the 1.5-acre pond with concrete and metal overlook, parking park,creating a 264-acre treasure in South Dallas. for 560 vehicles, a restroom/concession building, a pavilion/restroom and a maintenance building. The firm As Carter& Burgess studied the park to begin the master designed additional elements such as an in-line hockey rink plan;the design team wanted to redesign the nine softball /basketball court and two sand volleyball courts. fields randomly placed and interspersed with soccer fields. They also wanted to reflect the design of two structures built in the 1930s, the West Region Park Headquarters and a i , picnic pavilion, which was constructed under the Works 1; '' \r` •o Progress Administration. P It'd , 1 a �� I > J%� t dMMY14 r I10144,41110 mot 1 Ct ,�► W4ti Ir..5151N► +� ,,... 7.7. , •.. MO Ph81�15f.`. ) ,�_ N -- We AIM IP.'J.PIP . in 1.6 , e li CI. a uarialane — Date Completed: 2002 a Date Completed: 1999 Contact:Willis Winters; City of Dallas Park&Recreation; Contact: Monica Sue Walsh; Parks and Recreation P.O. Box 159090; Dallas,TX 75315; 214.670.8483 — Director; 5109 Bransford Road; Colleyville,TX 76034; General Contractor:Dean Electric dba Dean Construction; a 817.503.1182 701 Hall St.; Cedar Hill,TX 75104;972.291.7153 General Contractor: North Texas Contracting, Inc.;4999 Design Cost&Construction Cost: Keller Haslet Rd.; Keller,TX 76248; 817.430.9500 $27,000/$266,000 Design Cost&Construction Cost:23,000/$229,000 Construction Length of Time: 1 year, 7 months Construction Length of Time: 2 years, 8 months Project Completed on Time&Within Budget:Yes Project Completed on Time&Within Budget:Yes ICIEST PARK GRIMES SOCCER COMPLEX DALLAS, TEXAS DESOTO, TEXAS In developing a new master plan for Kiest Park in Dallas, Carter& Burgess provided master planning,surveying, Carter& Burgess turned to the park's past pages to pay construction documents and construction administration tribute to its history and to prepare it for an exciting future. for the soccer area at Grimes Park in Desoto.The Dallas city officials included the park and its planned master planning services included using new methods championship softball complex in the city's bid for the 2012 of soccer field construction.The final plan calls for a Olympics. Once fully developed, the city hopes to attract redeveloped parking area, a flexible soccer playing area, national softball tournaments to Dallas. a new playground, a new restroom and concession building, perimeter fencing, landscaping, irrigation and lighting design. Carter:Burgess 20 , rs d irryt iivuyof ..°I t 1! t, ft f'' t , ,---, �, Founders Park Improvements el" aroofw,i ! P'S The key to design for this project was to maintain consistency with other fields and structures that had ems already been built in the past. ., Date Completed: 2003 Contact:Dona Roth McKinney;Keller Parks&Recreation; ,.. P.O. Box 770; Keller,TX 76244; 817.431.6044 General Contractor: AUI Contractors; 4700 W. Lawther Dr.; Dallas,TX 75214; 214.370.0402 ' Design Cost&Construction Cost: $13,000/$134,000 Construction Length of Time: 3 years, 5 months ,,.." _______ Project Completed on Time&Within Budget: Yes e BAKERSFIELD PARK SPORTS COMPLEX r Date Completed: 1998 Contact: Mel Rapp; Parks and Leisure Services; FLOWER MOUND, TEXAS �` 211 E. Pleasant Run Road, Suite B; DeSoto, TX 75115; 972.230.9650 The Bakersfield Park Sports Complex (formerly Baker's General Contractor:Dean Electric dba Dean Construction; Branch) is a new 55-acre sports park in the Town of 701 Hall St.; Cedar Hill,TX 75104;972.291.7153 Flower Mound. Carter & Burgess worked closely with Design Cost&Construction Cost:$9,000/$92,000 the Town, a specially appointed design review committee Construction Length of Time: 1 year, 2 months and the local youth sports association to develop a top- Project Completed on Time&Within Budget: Yes notch competitive sporting venue. The Park is a multi-use athletic park accommodating baseball,softball and soccer. e- KELLER SPORTS COMPLEX The soccer venue is a large reconfigurable area that can r be used for several different levels of play. A dedicated KELLER, TEXAS restroom/concessions building and an easily accessible, central parking area make the soccer venue an enjoyable _'. ; - and convenient place for the townspeople to use. The •-.� baseball complex has eight ballfields of different sizes " jiii 4' ;�. , : a to accommodate different levels of play, with a signature ; ,~11i=: FA -'rib 1, r ¢ t �e Championship Field at the center of the complex. The - 15 t I 4 i softball complex has three fields configurable for two t levels of play. The baseball and softball complexes also • ' - h r: i''� •: �, have their own restroom/concessions buildings, allowing A- ;. __ --,'1„-- 4 A , - ,, ,, convenience for all users. �l -- ,. , 111 P�a ,y���,,,,,,eeeti PARK �.� ,. T �- 'J f _. _ ��.� Kk:LLER SPURT' —:i /0'' Carter& Burgess provided continuing design services , i r• for this 50-acre sports complex.The expansion consisted of five new soccer fields, complementary lighting and field irrigation, new park roads, parking lot(approximately 300 spaces), children's playground and restroom/ concession building. Carterr:Burgess 21 egill riN ( 4 .: ' . :'*tiet-''itrA r, r Founders Park Improvements el.14 My A Wylie r Date Completed: 2004 Design Cost&Construction Cost: r` Contact:Bart Stevenson;Community Services;2121 Cross $33,000/$327,000 Timbers Road; Flower Mound,TX 75028; 972.874.6005 Construction Length of Time: 1 year, 1 month "r General Contractor:Dean Electric dba Dean Construction; Project Completed on Time&Within Budget:Yes r- 701 Hall St.; Cedar Hill,TX 75104; 972.291.7153 Design Cost&Construction Cost: $40,000/$396,000 ROWLETT COMMUNITY PARK ^ Construction Length of Time: 1 year, 3 months ROWLETT, TEXAS Project Completed on Time&Within Budget:Yes Carter&Burgess has been providing planning and landscape ..... CHINN CHAPEL SOCCER COMPLEX architecture services to the City of Rowlett since 1986 beginning with the preparation of a comprehensive parks, FLOWER MOUND, TEXAS recreation and open space plan. The process involved a thorough inventory and analysis, an extensive public The Chinn Chapel Soccer Complex is a 15-acre sports park meeting process and plan of action for implementation. oiiiii- in the Town of Flower Mound. Carter& Burgess worked The firm assisted the city in implementing the plan through r closely with the town, a specially appointed design review grant applications, park master planning, and design and committee and the local youth soccer association to develop construction document preparation as well as construction a top-notch competitive sporting venue. The complex is management. c designed to accommodate up to 4, 120 yd x 70 yd full-size soccer fields for the highest level of competitive soccer The firm provided the park design for Rowlett Community play. The fields are configured to allow for the maximum Park, a 130-acre, multiuse facility that includes facilities versatility in playing options in order to serve the varying for active and passive recreation. The park master plan competitive and recreational soccer needs of the town. The includes soccer fields,football fields, a softball four plex, a �' Little League baseball four-plex,tennis courts,a swimming complex also has a restroom/concessions building with a covered picnic patio overlooking a new playground and a pool, basketball courts,a 4.5-acre pond with a fishing pier, 300-car on site parking lot. The complex is also illuminated a one-mile trail with exercise stations, a playground and P. parking. by a unique new lighting system that significantly reduces ed-^ ambient glare, minimizing the impact of the site to the --- -!' r- surrounding area. /" ''`. -�- _ 1 /'� ,ram, j ],in.,_,...,i-n 1 [ g wa Date Completed: 1996 ; Contact: Jim Browne; City of Rowlett Parks and /k : r Recreation Director;5002 Main Street; Rowlett,TX 75088; e _ 972.412.6145 General Contractor:Dean Electric dba Dean Construction; Date Completed: 2005 701 Hall St.; Cedar Hill,TX 75104; 972.291.7153 e'' Contact:Bart Stevenson;Community Services;2121 Cross Design Cost&Construction Cost: f- Timbers Road; Flower Mound,TX 75028; 972.874.6005 $450,000/$4,500,000 General Contractor:Dean Electric dba Dean Construction; Construction Length of Time: 1 year, 6 months e 701 Hall St.; Cedar Hill,TX 75104; 972.291.7153 Project Completed on Time&Within Budget:Yes r- Carter:Burgess 22 r Founders Park Improvements �.t1Y�YWlie PROJECTS CURRENTLY Rick Herold UNDER CONTRACT City of Grand Prairie Parks&Recreation Director Carter&Burgess is currently under contract for the following 326 W Main Street urban design and planning contracts: Grand Prairie,TX 75050 972.237.8100 �.. ➢ Southeast Community Park, Phase 2, Frisco,TX rherold@gptx.org ➢ Southwest Community Park, Phase 1, Frisco,TX Scott Whitaker ➢ J.R. Newman Park, Frisco,TX �- ➢ Regional Park Master Plan, Frisco, TX City of Carrollton Parks&Recreation Director ➢ Oak Point Park& Nature Preserve, Plano,TX 1945 E Jackson Rd. ➢ White Rock Lake Trail, Phase 2, Dallas,TX Carrollton, TX 75011 ow. ➢ Flag Pole Hill, Dallas,TX 972.466.3077 ➢ Norbuck Park, Dallas,TX scott.whitaker@cityofcarrollton.com Aft. ➢ Kiest Park, Phase 2, Dallas,TX Monica Sue Walsh ➢ Brazos Riverwalk Expansion,Waco,TX ink ➢ Seagoville Parks Master Plan, Seagoville,TX City of Colleyville Parks&Recreation Director Grand Prairie Parks Master Plan, Grand Prairie, 5109 Bransford Road TX Colleyville,TX 76034 817.503.1182 REFERENCES walshm@ci.colleyville.tx.us Rick Wieland Casey Tate City of Frisco Parks&Recreation Director City of Irving Parks&Recreation 6891 Main Street 825 West Irving Boulevard Frisco,TX 75034 Irving,TX 75060 972.335.5517 972.721.2501 rwieland@ci.frisco.tx.us Tony Cisneros Willis Winters City of Dallas Park&Recreation Assistant Director City of Mesquite Parks&Recreation Director P.O. Box 159090 1515 N Galloway Avenue Mesquite,TX 75149 Dallas,TX 75315 214.670.8483 972.216.6260 wwinter@mail.ci.dallas.tx Pete Jamieson City of Arlington Parks&Recreation Director Robin Reeves PO Box 90231 City of Plano Chief Park Planner P.O. Box 860358 Arlington,TX 76004-3231 817.459.5474 Plano,TX 75086 972.941.7250 jamiesonp@ci.arlington.tx.us robinr@plano.gov Dona Roth McKinney City of Keller Parks&Recreation Director Rusty Black P.O. Box 770 City of Waco Parks&Recreation Director 200 W. Waco Dr. Keller,TX 76244 817.431.6044 Waco,TX 76702 254.750.5980 Carter Burgess 23 Management and Organizational Approach Founders Park Improvements — rier:AWY1' MANAGEMENT AND ORGANIZATIONAL _ AP P ROAC H progressive community that is striving to augment their park — system with this significant project,and we find that energy exciting and meaningful and something of which we would '� UNDERSTANDING OF be proud to be a part. THE PROJECT SCOPE The City of Wylie has the vision to master plan, design, OBJECTIVES bid and construct improvements at Founder's Park to be It is essential to clearly understand the goals and limitations used for the benefit of current and future citizens of Wylie. of a project before design work begins, which is why we — Toward that goal,a bond program,which includes funding organize information to foster sound decision making.Our of$5,470,000 for park improvements,has been approved, process utilizes careful research, analysis and feasibility and additional land may be acquired for the project. The testing to foster informed decision making with an emphasis — Carter& Burgess team aspires to work with you to make placed on comprehensive analysis, consensus-based your vision a reality. decisions and a thoughtful result-oriented plan of action. The master planning process will require obtaining DECISION MAKING meaningful citizen input, development of conceptual alternatives and the formulation of the final master plan with We review project information with decision makers so preliminary cost estimates.The initial planning effort will be that only useful and relevant data is used. Decisions have ,P., the preparation of a master plan for all park improvements. great impact on the project, and revamping ideas later Included at a minimum will be the following elements: in the process will add cost and time to the project. We e" soccer/football fields, baseball/softball fields, basketball objectively prepare the relevant analysis for your review, r- court, picnic pavilion, restroom facility, concession facility, allowing the issues to be clearly understood and promoting bleachers and concrete pads,benches,grills,picnic tables, mutual consensus through communication. drinking fountains,parking,driveways,hike and bike trails, e" signage,fencing, landscape planting and irrigation. TEAM WORK While today's complex projects require the involvement of Improvements proposed during the master planning process many specialists,the most important member on the project will be compatible with or exceed the needs identified in team is the client.Interaction is the key to effectively sharing e, the Wylie Parks, Recreation and Open Space Master Plan and using the knowledge obtained through the planning and in accordance with the improvements outlined in the and design process. 2005 Wylie Bond Program. Addressing site conditions and infrastructure,the master plan will be a cohesive plan EXPLORATION OF OPTIONS r, and will incorporate both the proposed and existing park Programming is an organized way to predict the nature facilities. The detailed design of improvements will follow of a workable, successful design. This process makes it the preparation of the master plan. This phase includes possible to test the validity of several planning directions design development and preparation of construction before the design work begins.Successful projects identify drawings, specifications and bid documents. Bidding and a strong direction early in the project and build from that construction phases will follow the design phase. position of strength. Our process helps identify the best planning direction so that all of the energy and resources APPROACH TO ORGANIZING can be focused on a specific outcome. THE PROJECT en The park planning and design team at Carter& Burgess PROCESS e- has a genuine focus on assisting communities in increasing This process is best understood as an informative the value of their services by planning, designing and framework and includes the following steps: overseeing the construction of public parks. By helping , Establishing goals the staff and elected officials of cities, towns and counties 0-Collecting,organizing and analyzing facts serve their citizens, we know that countless numbers ,Uncovering and testing concepts of children and adults will be positively impacted by our ,Determining needs work for decades to come. We recognize that Wylie is a ,Providing the best solution Cartereurgess 24 I^ i ---:-4- :-- c --, . , :. i: - ,,,,.:ie ;H H.-:',,, '-`---- ,--:-, . '-': ptAtottot*.4!_LI .4.).#4.4cideetit, li ,, t rr It lia z; ". _ F Founders Park Improvements or e' PROJECT SCHEDULE, Bidding (4weeks) C OO RDI NATI O N, Q UALITY .Pre-bid conference AND COST CONTROL %Addenda Our team proposes the following process outline and Our Evaluation &Tabulation 's"" schedule for completion of the project within the city's r proposed time frame with master planning starting in Construction Administration (48 weeks) August 2006 and construction starting by February 2007. , Pre construction Meeting O.'', :'Process for Information/Clarification Estimates of time are subject to change depending on ; Periodic Construction Review Meetings e- further discussion with the city and execution of the .Process Contractor Submittals contract. ,Punch Lists and Reports .Close-out Assistance SCHEDULE Project Initiation and Data Collection (2 weeks) QUALITY e" .Kickoff Meeting Quality of work products is achieved through rigorous .Citizen Input design standards and internal review. Quality assurance .Site Visit and control is further enhanced by the continuity of the .Topographical/Archeological Survey(if needed) makeup of the Carter & Burgess planning and design ", r.Base Mapping team. .Site Analysis Evaluation of applicable codes, permits,and �` approvals COST CONTROL ,,,,, Carter & Burgess controls costs by establishing and Concept Design and Master Plan(4 weeks) following a rigorous project schedule, planning and p' .Alternative Concept Plans and Probable Costs scheduling reproduction and deliverables in advance,and e- :Architectural Theme closely coordinating and monitoring tasks performed by .City Review design team members. e- .Final Master Plan eft COMMUNICATION WITH Design Development (7 weeks) CITY AND CONSULTANTS Preliminary design plans and details Our staffing approach involves designating one single point e` .Geo-technical Study of contact who has relevant experience on similar work as ,., :-Opinion of Probable Construction Cost the Project Manager for the entire duration of the project. City Review This concept gives this team member the decision-making authority to direct each phase of the project and provide Construction Documents (10 weeks) continuity from beginning to end. :Materials Board/Product Data .50%Construction Documents CODE ANAYS I S AND e", .50%Opinion of Probable Construction Cost ,., .50%City Review JURISDICTIONAL .95% Construction Documents APPROVALS — .95%Opinion of Probable Construction Cost Carter & Burgess will establish early involvement with ,r. 95%City Review city departments and regulatory agencies to encourage .Final Construction Documents cooperation and to expedite the review and approval e' process. At project initiation, applicable codes and Permitting(as required) jurisdictional approvals will be identified and included in the project plan and schedule. Progress, communication '^ and submittals will be carefully monitored toward successful reviews, approvals and implementation of the overall project. •- Carters:Burgess 25 CarterBurgess 024077 �afy►of Wylie i /41/1:40. CITY of WYLIE Request for Qualifications: Design Firm for . ... , _ • . Founders Parklmprovements • • June 20, 2006 •II. r Ar ffp. . ...., Ili 11I: ` M T � . i . , A -. ,-; i . i c IIIP t ee, , , _ t y i ,, f sR fit L .........., • M. TEAGUE NALL AND PERKINS • , 12160 North Abrams Road,Suite 508,Dallas TX 75243 t 214.461.9867 www.tnp-online.com t STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE2O,2006 -CITY OF WYLIE 0r CO\1�� S�C11oN I: LTTER5 5 %C11ON II: FIRM INFORMATION 4 FIRM NAMF, Af72RE55E5, ANI7 TELEPHONE ...,,,,,,,,,, , ,.,,,, ,,,,.,,,, ,,,,,,,,,,,,�} ,.b. STRUCTURE OF FIt;M,,,,, ,,,,,, , ,,,,,, ,,, ,,,, „ ,,,.,, ,.,..,.,,,,,,, ,.,--,. , ,,,, ,,.„,,,,,,.,,,,. ..„.,,.,, ,,, ,.,. , ,,,,,,4 YEARS FIRM HAS 13FN NAMES OF PRINCIPALS IN FIRM...,.„,,,-,,,,,,,,,,,,,,,,,,,,,,, „ ,,,,,.,,,,,,., 4 ♦• PRIMARY CONTACT,,.,. .,,, F110N ORGANIZATIONAL 2SCR I 2FSCR I P11ON OF FIRM'S PHIL050PHY,,,,,,,, , ,,,,,,,,, SECTION III: C1NRAL COMPANY HISTORY/QUALIFICATIONS 6 BRIEF HISTORY ANCJ SERVICES ROUI1NFLY PROVI2FP ON MUNICIPAL PARK & RFCRFATION PROJECTS,,,,,,, i► ORGANIZATIONAL CHART.,,,,.„.,.,...- -, ,,,,,,,,,,,, ,,, ,,, „ ,,. 7 ¶EAM MFMER RF5UMF5„,,,,,, ,,,,,,, ,,,,, ,,,,,, ,.,,,,,,.,,�,,.,,,.,,,,, ,,,,.,,,,,,, . „ ,,,.,, , ,,, ,,, ., 9 2 SIGN AWAP2S AN12 RFCOGNI110N e SPC11ON IV: FINANCIAL AN117 I.SGN, STATUS 16 GENERAL FINANCIAL CAPAI3ILITY OF FIRM AN2 FINANCIAL 2OCUMFNTS „ „ ACTIONS TAKEN 13Y ANY REGULATORY AGENCY AGAINST OR INVOLVING FIRM, „ ,,,,, ,,,,, -.16 LITIGATION AGAINST OR INVOLVING FIRM WITH RESPECT TO WORK PFRFORMFn 16 eh, ALL INSURANCE COVERAGE FIRM HAS APPLICA13LF TO WORK ,, ,,,,,,,,,, i• JURIS2ICATION5 IN WHICH FIRM'S PARINFRSHIF OR 11ZAI2F NAME I5 FILFb JURISn1C110N5 IN WHICH FIRM 15 LEGALLY QUALIFIFI2 TO 2013U51NF55,,,,,,,,,,,,,,,,,,,,,,,,-.„.,,,,,..,-., . ,., ,,,.--,,,,,,,,....,,,,,,,,16 e 55C11ON V; PXPNRI�NC�ANI7 I rN: NCt5 11 FIRM'S FXPFRIFNCF WORKING WITH GOVFRNMENTAGFNCIFS,. „ ,,, „ „ ,,,,,,,, ,,,,,, ,,,,,, , ,,,, ,., 17 LISTING OF COMFAFFAI3LF PROJECT EXPERIENCE IN TEXAS-C PAP.KS& T1?AIL5) ,,,,.,,, ,,., „ ,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,, ,,,, ,,,,,,,,,,, ,,,, ,17 ,.� LISTING OF COMPAPM3LF PROJECT EXPERIENCE IN TEXAS-C SPORTS FIEL25) ,,,,,, ,,,,,, ,,,,,, ,,,, ,,, ,,, ,.,,,,,,.,,.,,,.,,,,21 LISTING OF ALL PROJECTS CURRENTLY UNPFF CONTRACT 22 LI5T1N6 OF GOVRNMFNTFEFFRFNCFS,,,,,..,,,.,,,,,,,,. „ .,,. „,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,„.,,„22 %C11ON VI: MANAaMNT ANI7 ORGANIZATIONAL APPROACH 23 FIRM'S UN2FRSTAN2ING OF 1HE e• HOWFIFM WILL ORGANIZE TO PERFORM SERVICES, ,,,,, , ,,,,, ,,,,,, PROCEDURES FOR ASSISTING IN THE 2EVLOPMFNT OF PROJECT SCHE2ULING, COOR2INATION OF CONSULTANT, QUALIIYAND COST CONTROL,,, ,,,,,,, ,,,, ,,, ,,,,, ,,, ,,,,,,,, 24 FIRM'5 APPROACH TO COMMUNICA11ON WITH CITY PERSONNEL AND SPECIALTY CONSULTANTS,,,,,,,,,,, ,,,,,,,,,,,,, 24 FIRM'S APPROACH TO CO2F ANALYSIS AND JURI52ICTONAL APPROVALS,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,.„,,,,,,, 24 APPeNPIX 25 C3ALANCF SHFFT r eik TEAGUE NALL AND PERKINS Pale 2 Civil Engineering Surveying Landscape Architecture Planning L., r ^. n rn71 v Z Responsive Service. Reliable Results. i7F TEAGUE NALL AND PERKINS Civil Engineering Surveying Landscape Architecture Planning June 20, 2006 City of Wylie c/o Jim Holcomb Office of the Purchasing Manager 2000 North Highway 78 Wylie, Texas 75098 Re: Founders Park Improvements Mr. Jim Holcomb: Thank you for the opportunity to submit this proposal for the Founders Park Improvements Project. Teague Nall and Perkins, Inc. (TNP) is extremely interested in the project and working for the City of Wylie. We are confident that we can provide you with creative solutions, quality design work, and responsiveness in our efforts on this project. We have a depth of experience on numerous park projects for municipalities throughout North Texas, as indicated herein. We have assembled a uniquely qualified project team for the City of Wylie. I will serve as Principal- in-Charge of the project and am the TNP's Dallas office manager. I am also a resident of Murphy and excited about the opportunity to oversee a local community project. As an avid park user with young children playing sports, I understand the needs of recreational amenities from multiple levels. We also have other personnel on the civil engineering team that reside in the Wylie/Sachse area. Our proximity to the project site and to the City will allow us to monitor project progress and ensure quality controls throughout the various project stages. Thomas J. Alves, ASLA, AICP is TNP's Director of Landscape Architecture and Planning, and has twenty-one (21) years of parks and recreational design experience, and will serve as Wylie's Project Manager and primary point of contact. He will be actively involved in ensuring the project's success, and will be available to meet with the City or its representatives as needed. TNP also intends to subcontract the following firms to provide services in their respective areas of expertise: Hahnfeld Hoffer Stanford (architecture), SCBA, Inc. (irrigation), CMJ Engineering, Inc. (geotechnical), and Romine, Romine & Burgess, Inc. (lighting). We have worked with our team of sub-consultants on many projects, and know that each are committed to the projects' success and bring the strength of experience and knowledge to exceed your expectations for Founders Park. Thank you again for the opportunity to submit this information. Please feel free to call me should you have any questions. The proposal information provided shall remain effective for a period of 60 calendar days. We look forward to working with you on the project. Sincerely, TEAGUE NALL AND PERKINS, INC. la 1 /Ve,/ Old/c14," Mark J. Holliday, P.E. Thomas J. Alves, ASLA, AICP Principal-in-Charge Project Manager 12160 North Abrams Road, Suite 508 Dallas, Texas 75243 214.461.9867 phone 214.461.9864 fax www.tnp-online.corn AP Fort Worth • Dallas •Denton • Sherman Z rn n O20 D > = OK r WI r STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS r JUNE 20,2006 CITY1 OF WYLIE r SC-rION II . If2M INFOMA1'ION FIN NAME, Ante 555, ANI2 1hL PHONE NUM135 FIRM NAME: Teague Nall and Perkins, Inc. OFFICE LOCATIONS: Fort Worth Pallas Penton Sherman • s ^ 1100 Macon Street 12160 N.Abrams goad,Suite 508 235 W Hickory Street, Suite 100 530 W,Lamar Street, Suite 200 ^ Fort Worth,Texas 76102 Pallas, Iexas 75243 Penton,Texas 76201 Sherman,Texas 75090 81736,5773 phone 214,461,9867 phone 940.383.417-phone 903.870,1089 phone AM, 817336,2813 fax 214.4619864 fax 940.383.8026 fax 903.893.0152 fax 51EUC11J OF MIDA Teague Nail and Perkins, Inc. (TNP) is a privately-owned corporation that provides landscape architecture, civil engineering, surveying, and planning services. The company operates metroplex offices in Fort Worth, Dallas, Denton, and Sherman, with corporate headquarters located in Fort Worth. Four (4) corporate principals share ownership in the company, and five (5) additional principals oversee the management operations of the organization. TNP currently employs approximately 100 employees, consisting of: — 9 Principals — 20 Survey Support Employees — 19 Registered Professional Engineers — 2 Registered Landscape Architects/Certified Planners — 1 Structural Engineer — 1 Registered Landscape Architect — 12 Graduate Engineers — 3 Construction Inspectors — 21 CAD Technicians — 1 Client Relations Manager — 3 Certified Floodplain Managers — 2 Information Technology Professionals r — 4 Registered Professional Land Surveyors — Administrative/Clerical Support Staff tAf;5 FILM HAS MN IN 131,15INE55 '^ The firm has been in business for 30 years (1976). NAMES OF MINCIPAL-5 IN FRM Gary J. Teague, P.E. - President Mark R. Berry, P.E.—Vice President Michael A. Jones, P.E. —Vice President C. Ty Hilton, P.E. —Vice President Mark J. Holliday, P.E. - Principal Gary L. Vickery, P.E. - Principal Scott C. Wilhelm, P.E. - Principal Gregory D. Saunders, P.E. - Principal — Tom Rutledge - Principal M" TEAGUE NALL AND PERKINS pace 4 Civil Engineering Surveying landscape Architecture Planning r STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS DUNE 20,2006 f CITY1 OF WYLIE ^ POMMY CONTACT ek Thomas J. Alves, AICP, ASLA Director of Planning/Landscape Architecture en Teague Nall and Perkins, Inc. r• 1100 Macon Street Fort Worth, Texas 76102 en 817.336.5773 Main r- 817.665.6118 Direct 817.336.2813 Fax talves(a tnp-online.com TNP-CORPORATE O1:GANIZA11ONAL M5Ck I F11ON ADMINISTRATIVE/CLERICAL BUSINESS DEVELOPMENT TNP maintains a relatively flat organizational structure and emphasizes a "team approach" MARKETING on projects. Autonomous design teams take on projects, and a Principal-in-Charge and a i.. HUMAN RESOURCES ACCOUNTING Project Manager are involved on all projects to ensure quality control and multiple INFORMATION TECHNOLOGY SURVEYING checkpoints. All four offices are connected by a wide area network, allowing technical and engineering staff to communicate ^ frequently and easily coordinate project DALLAS OFFICE FORT WORTH OFFICE DENTON OFFICE SHERMANOFFICE efforts. e- M5U I IFflON OF FIt;M'S F111.050E-IY OUR MISSION To improve our communities and meet our clients' needs by doing the right things, right. Core Beliefs: • Listening to our clients; • Responsive service; • Earning our clients'trust; e'' • Establishing long-term relationships defined by ethics and integrity; e, • Creative problem solving; • Implementing new technologies to increase efficiency, improve quality, and enhance presentation; e- • Providing a stimulating, supportive, and rewarding work environment; • Continuous learning and professional development of our staff; • Growth through recognizing and meeting client and market needs; and • Being a stable and healthy enterprise for our clients by achieving a reasonable return for our labors. At TNP, the most important aspect of our business is the relationships that we cultivate with our clients. Clients continually turn to us because those relationships are built upon a foundation of trust, respect, and a commitment to responsiveness. • We have been serving some of our clients repeatedly for over twenty years. Our challenge to the prospective customer is, "call our clients". If our current clients are not happy with our level of service �• or are dissatisfied with our performance, then we do not deserve the job. TNP's source of differentiation is our ability over other firms to complete projects on schedule, which means a great deal to public sector clients who are often under pressure to address infrastructure issues quickly. TEAGUE NALL AND PERKINS page 5 Civil Engineering Surveying Landscape Architecture Planning SECTION III: COMPANY H I STORY/QUAL. STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 CITY OF WYLIE 5C1-10N III : G�NAL COMPANY HI51V Y/ QUALIMICA11ON5 C I�� HI51"0VY ANn 5MIa5 M OVII2En ON MUNICIPAL. PARK & kCkA110N MOIC115 ,.. Teague Nall and Perkins has been providing professional engineering and consulting services in the D/FW metroplex since 1976. Gary Teague and John Nall founded Teague & Nall Consulting Engineers in 1976, and the company became incorporated as Teague Nall and Perkins, Inc. in 1979 when Dick Perkins joined the firm. Today, Gary Teague serves as President of the firm, and eight (8) additional Principals manage the operations of four offices and 100 employees. TNP's market specialization has always been municipal engineering and consulting. Eighty-five percent of our projects remain within that niche to this day. However, we have added new services offerings throughout the years as clients' needs began to change and as new governmental regulations arose. The following is a listing of the routine services we provide: LANDSCAPE ARCHITECTURE/LAND PLANNING SERVICES '^ • Design Guidelines • Residential/Retail/Mixed-Use Design Its..-- "'�� ,- • Comprehensive Master Plans • Landscape Design • Parks, Recreation &Trails Master Plans • Streetscape Design • Landscape/Open Space Master Plans • Park &Trail Design e- • Campus Master Planning • Sports Field Design • Land Development Planning • Golf Course Planning& Design • Town Center/Transit Oriented Urban • Design Visualization Services 1. ¢°• e- Design "'r Is • M CIVIL ENGINEERING SERVICES !` • Transportation System Infrastructure • Structural Design • Water System Infrastructure • Land Development • • Wastewater System Infrastructure • Environmental Permitting (TPDES) e' • Floodplain Management • FEMA Map Amendments • Storm Water Facilities (CLOMRs & LOMRs) ; • Complete Site Design • Regional Utility Studies • Water, Wastewater, &Storm Water e Master Plans s^ SURVEYING&MAPPING SERVICES A- • Global Positioning System Surveying (GPS) �.. • Computerized Mapping ,_r • Geographic Information Systems (GIS) • Monumentation • Land, Easement, & Right-of-Way Surveys • Design &Topographic Surveys Y • Platting • Right-of-Way, Property, & Easement Document Preparation eft. r. /7s TEAGUE NALL AND PERKINS Page 6 Civil Engineering Surveying Landscape Architecture Planning P STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS JUNE 20,2006 CITY OF WYLIE RGANIZAflONAL CHART CITY OF WYLIE a PRINCIPAL IN CHARGE Mark J. Holliday. P.E. Teague Nall and Perkins. Inc. QUALITY ASSURANCE/ QUALITY CONTROL TEAM Tom Rutledge, Principal PROJECT MANAGER/ Teague Nall and Perkins. Inc. PRIMARY CONTACT Thomas J.Alves.AICP,ASLA ,004 Teague Nall and Perkins. Inc. /" CIVIL ENGINEERING LANDSCAPE ARCHITECTURE SURVEYING Matt Atkins, P.E. Nick Nelson,ASLA Stephen H. Roberson, RPLS sok Teague Nall and Perkins, Inc. Jennie Morgan 7 Survey Field Crews Teague Nall and Perkins. Inc. Teague Nall and Perkins. Inc. IRRIGATION ARCHITECTURAL MECHANICAUELECTRICAL GEOTECHNICAL Stephen C. Berkenbile James B. Hardy,AIA Jack Burgess, P.E. Charles M.Jackson, P.E. Berkenbile+Craig Hahnfeld Hoffer Stanford Romine. Rom/ne&Burgess. Inc. CMJ Engineering, Inc. 2355 Johnson Road 1425 8th Street 300 Greenleaf 7636 Pebble Drive South/ake, Texas 76092 Fort Worth, Texas 76104 Fort Worth, Texas 76107 Fort Worth, Texas 76118 Ph. 817-379-9853 Ph. 817-921-5928 Ph. 817-336-4633 Ph. 817-589-9992 Fax 817-431-1066 Fax 817-429-9336 Fax 817-336-1682 Fax 817-589-9993 ,, f?01.�5 ANP 51'ON51131.11.1 5 OF f'POPO5�121 1'�AM MMMM5: PRINCIPAL IN CHARGE • Monitors overall progress and direction of project. • Provides consultation on schedules and budgets. 0— • Participate in the public information/public involvement process. • Meets regularly with Project Manager to discuss project status, accomplishments, and upcoming tasks. • Attend meetings periodically and on a as needed basis. PROJECT MANAGER r • Committed to Founders Park and City of Wylie. • Manages and coordinates all elements of the project on a day-to-day basis. r. • Coordination between all disciplines throughout the process. r,,, • Facilitates coordination and communication between client and team members. • Participates in the public information/public involvement process. r • Maintains project schedule and establishes deadlines and objectives for each element in the scope of work. • Maintains up-to-date information of project status and outstanding issues. • Attends all meetings and maintains a record of issues discussed and decisions made relating to the project. r. M/M TEAGUE NALL AND PERKINS pax 7 Civil Engineering Surveying Landscape Architecture Planning - STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS /1/1 JUNE 20,2006 CITY OF WYLIE — CIVIL ENGINEERING • Provides engineering services for the park improvements. • Coordinates with Project Manager regarding grading, drainage and paving improvements. - • Evaluates parking facility alternatives relative to existing and proposed improvements and amenities. • Prepares construction documents for parking facilities. • Coordinates with structural architect regarding site plan elements of concession & restroom facilities. • Oversees necessary field survey work. • Prepares erosion control plans. - • Participates in the public information/public involvement process. - QUALITY ASSURANCE &QUALITY CONTROL • Assists in developing project schedule and establishing deadlines and objectives. • Provides guidance to entire team regarding design issues and project approach. -. • Meets with team at established intervals to review plans, project status, and upcoming tasks. — LANDSCAPE ARCHITECTURE • Provides landscape architecture and park design services. • Works closely with the Project Manager and team members. SURVEYING • Coordinates directly with project manager on project survey data. • Provides surveying services required for park improvements. • Provides on-the-ground location of property corners. - • Provides boundary survey sketch and legal description. • Mapping of existing easements and other property encumbrances. • Provides topographical surveying. ARCHITECTURE - • Provide architectural design support for park amenities. • Coordinates directly with Project Manager on design theme, architectural features, and MEP issues. - IRRIGATION • Provides irrigation design services for park improvements. • Coordinates directly with Project Manager on project irrigation system design, power and water sources. ELECTRICAL/LIGHTING /► • Provides lighting and electrical design services for park improvements. • Coordinates directly with Project Manager on project lighting design for sports fields, parking, and safety. S e- r" p TEAGUE NALL AND PERKINS paG,e Civtl Engineenng Surveying Landscape Architecture Planning STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 r CITY OF WYLIE ^ TEAM AVMIV 5UM�5 MARK J. HOLI.ItAY, - TAGg NALL ANn P RKIN5, INC. r?OL. : Principal in Charge Mr. Holliday has been with Teague Nall and Perkins for 12 years. A licensed professional engineer in the State of Texas, he currently serves as a Principal in TNP's Dallas office. He is experienced in the areas of land development, environmental permitting, municipal roadway design, water system design, and sanitary sewer design. He is currently overseeing the Maxwell Creek Park design project in Murphy,Texas. A partial listing of Mr. Holliday's experience includes: Partial Listing of Park and Trail Design Experience • Maxwell Creek Park and Preserve—Murphy, Texas • Crawford Farms, Fort Worth, TX— Private park incl. soccer field, trails, parking &City park with trail system • Creekwood at Hidden Lakes, Ph. II-III, Keller, TX—Trail system design • Kingsridge, Fort Worth,TX— Public park within development • Mount Gilead Ranch, Keller, TX— Private park design with trails • Overton Ridge, Phases II-Ill, Keller,TX—Private park design with trails • Vista West, Fort Worth, TX— Public park design with trails Partial Listing of Water&Sewer Project Experience • 24"/16"Water Transmission Line - Kingsborough MUD/City of Mesquite (In Process) • Bear Creek Road/Hampton Road 12", 16", 18" &24" Water Mains— Dallas County • City of Irving Grauwyler Road Ph. IV Utility Improvements—48"Water and 21" Sewer Lines • Talisker Apartment Water Line Replacement—Town of Addison • Greenhaven Apartment Water Line Replacement -Town of Addison (In Progress) • Glenview Drive 12"Water Line Replacement - City of Haltom City • Fossil Drive 12"Water Line Replacement - City of Haltom City • Layton Avenue 12"Water Line Replacement - City of Haltom City • Basin 183 &333 Sewer Evaluation & Impvts. (Part 1) - City of Ft. Worth • Basin 183 & 333 Sewer Evaluation & Impvts. (Part 2) - City of Ft. Worth • Basin 204, 205, and 259 Sewer Improvements - City of Ft.Worth • Basin 36S, 166 & 195 Sewer Improvements- City of Ft. Worth • Carson Street Sanitary Sewer Outfall Improvements - City of Haltom City Partial Listing of Roadway and Drainage Project Experience • Grauwyler Road, Phase IV—City of Irving • Bear Creek& Hampton Road Intersection Reconstruction - Dallas County (In Process) • Hedgcoxe Road - City of Plano • Master Drainage Plan—City of Rowlett (In Process) • Waterview Golf Club Drainage Improvements—City of Rowlett • Glenview and Eden Drive (Haltom to US 377) - City of Haltom City- $2,300,000 • Fossil Drive & Layton Ave. - City of Haltom City, $3,000,000 Partial Listing of Development Experience • Crawford Farms Master Planning & Design - Fort Worth, TX (284 acres) ,r • Kingsridge Master Planning & Design— Fort Worth, TX (103 acres) • Lynn Creek Hills Master Planning& Design - Grand Prairie, TX (156 acres) • Parkview Hills Master Planning - Fort Worth,TX (257 acres) • Vista West Master Planning— Fort Worth, TX (150 acres) Education 1994 - B.S. Civil Engineering, Texas Tech University 1999—M.B.A., University of North Texas Professional Registrations/Associations Registered Professional Engineer, Texas #84683 American Society of Civil Engineers Urban Land Institute Mi' TEAGUE NALL AND PERKINS Page 9 Civil Engineering Surveying Landscape Architecture Planning ... STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 — JUNE 20,2006 I CITY OF WYLIE I - fHOMA5 J. ALVg5, AICP, A5LA - 1- AGUE NALL ANP PEt?KIN5, INC. Project Manager Mr. Alves has extensive experience in landscape architecture design and planning. His experience of - over 21 years includes a wide range of projects from parks and recreation to transportation, commercial, institutional, and residential facilities. He has also served as manager, designer, planner and landscape architect. His focus over the last several years has been supervising staff, managing projects and developing client relationships. A specialist in multiple computer applications from Geographic Information Systems (GIS), Design Visualization, Electronic Media, and Computer Aided Design (CAD), he provides efficiency by using a variety of tools to present creative solutions. Mr. Alves - is experienced in the management of multidiscipline projects involving critical time-line dependent schedules with project budget controls. - Partial Listing of Park&Recreational Design Experience • Maxwell Creek Park and Preserve—Murphy, Texas • Southeast Metropolitan Park Phase II Design - Austin, Texas • Boys &Girls Clubs, Eastside Branch Recreation Facility- Fort Worth,Texas • Randol Mill Park Renovations - Arlington, Texas • Griggs Park Streetscape—Dallas, Texas - • City of Waco Comprehensive Parks Recreation &Open Space Master Plan—Waco, Texas • City of Irving Comprehensive Parks Recreation &Open Space Master Plan— Irving, Texas • City of White Settlement Comprehensive Parks Recreation &Open Space Master Plan—White Settlement, Texas • Colleyville City Park Design —Colleyville, Texas - • S.J. Guthrie Neighborhood Park Design—Waco,Texas • Oscar DuConge Park Design—Waco, Texas • Worthington Park Schematic Design— Dallas, Texas Planning/Landscape Architecture Project Experience • Alliance Development Master Plan Marketing System - Fort Worth, Texas - • Circle T Ranch Westlake Boulevard and Bridge Study-Westlake, Texas • City of Benbrook Signage and Logo Design - Benbrook,Texas • City of Big Spring Comprehensive Plan - Big Spring,Texas - • Crowley Middle School #3 Landscape Design - Crowley Independent School District • EDS Legacy Development Tracking System - Plano,Texas • North Texas Tollway Authority—Gaylord Ramp Landscape Design— Frisco, Texas • North Texas Tollway Authority— President George Bush Turnpike Landscape Prototypical Design— Plano, Texas • North Texas Tollway Authority- System-Wide Design Guidelines— Plano, Texas • Northwest High School Landscape Design - Fort Worth, Texas • Plano Transit Village Phase II Streetscape and Courtyard Design - Plano, Texas • River Legacy Living Science Center Exhibit - Arlington, Texas • Trinity Valley School Landscape Master Plan— Fort Worth, Texas - Education 1982- Bachelor of Science in Architecture, University of Texas at Arlington - 1987- Master of Landscape Architecture, Louisiana State University Professional Registrations/Associations Registered Landscape Architect -Texas #1863, Maryland #3309, Louisiana #0438 - American Institute of Certified Planners, No. 018203 American Planning Association (APA- 095183) - American Society of Landscape Architects (ASLA- 587311) - American Society of Landscape Architects,Texas Chapter, State Treasurer 2004-2005, 2005-2006 - Ma TEAGUE NALL AND PERKINS rage 10 Civil Engineering Surveying Landscape Arch Lecture Planning V1 STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 CITY OF WYLIE 1 1VM t?U1LWa - 1MAGUt NALL ANn P KIN5, INC. KOL. : Qualitu Assurance/ Qualitu Control Mr. Rutledge has been with Teague Nall and Perkins since 1983. He personally manages and oversees all of TNP's site development work. He has over 28 years of engineering experience in project design and site development management work (including landscape design, grading and drainage, paving and utilities). Mr. Rutledge has managed scores of site development projects for — various municipalities and school districts throughout the years. Partial Listing of Sports Field Design Project Experience — • Weatherford High School Baseball/Softball Fields • Denton ISD Billy Ryan High • Mansfield High School Baseball/Softball Fields School Baseball/Softball t • Crownover Middle School Football/Soccer Fields Complex • White Settlement ISD Brewer H.S. Track Drainage • Coppell ISD New High School Baseball/Softball • Eagle Mountain/Saginaw ISD Baseball/Softball Complex Complex ,r- • Rio Vista ISD Baseball Complex • Keller ISD High School No. 3 Baseball/Softball Complex • Crowley ISD High School Baseball/Softball Complex Partial Listing of Site Design Project Experience • City of Colleyville Community Center, Colleyville, TX • Konigshofen Pool at Stovall Park, Arlington, TX -- • City of Keller Town Center Infrastructure, Keller, TX • Plano Recreation Aquatic Center, Plano,TX • City of Keller Town Center, Keller, TX • Splash Town, Aquatic Center, Cleburne,TX • Coppell Fire Station Addition, Coppell, TX • Texas Department of Criminal Justice-Various Projects • Coppell Police Station Addition, Coppell, TX • The Keller Pointe Recreation Center, Keller, TX • Keller Pointe Recreation and Aquatics Center, Keller, TX • Municipal Complex Expansion, Trophy Club,TX • Keller Police Station Addition, Keller, TX • Trophy Club Pool Complex, Trophy Club, TX MAff A1"KIN5, pry - NALL ANt7 r KIN5, INC. r► f201. : Civil ngineerinq r Mr. Atkins has been with TNP for over six years. He has been involved in the design and management of numerous municipal infrastructure projects ranging from roadway reconstruction and expansion to water, sanitary sewer and drainage improvements. The following is a partial listing of Mr. Atkins' project experience: Partial Listing of Paving and Drainage Projects ow • City of Carrollton-Carrollton Highlands Street • City of Benbrook- Interstate 20 Ramp Improvements Reconstruction • City of Irving-Miscellaneous Drainage Improvements at • City of Coppell -W. Sandy Lake Road Reconstruction Six Locations 0" • City of Irving-Grauwyler Road, Phase IV • City of Rowlett-Community Park Access Road • Corinth Middle School - Perimeter Roadway& • City of Plano- Hedgcoxe Road Reconstruction Drainage Improvements • County of Dallas- Bear Creek& Hampton Road • City of Hurst-Yates Drive & Hayes Lane Drainage Intersection Reconstruction Improvements and Overlay Partial Listing of Water and Wastewater Projects • City of Irving- Grauwyler Road Phase IV Utility • City of Keller- Bear Creek Parkway 12" Water Line Improvements- 48"Water Line and 21" Sewer Line Extension • Weatherford High School- 12" Water Line Extension • g City of Lewisville-20" Water line Extension along Interstate 20 (3,000 L.F.) • Bear Creek Road/Hampton Road 12", 16", 18" &24" • Weatherford High School - 10" Sanitary Sewer Line Water Mains- Dallas County /'- Extensions & Lift Station Evaluation (1500 L.F.) Education: 2000- B.S., Civil Engineering, University of Professional Registrations/Associations: Registered r` Texas at Arlington,Texas Professional Engineer, Texas #93968 Ma TEAGUE NALL AND PERKINS rage II Civil Engineering Surveying Landscape Architecture Planning STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 CITYi OF WYLIE 51"VgN H. O1 R5ON, P.P,L.5. - TAGUt NALL ANP P KIN5, INC. POLE: Surveying Mr. Roberson has over 34 years of public and private sector surveying experience. He has been a Registered Professional Land Surveyor since 1982. He is responsible for the day-to-day management of TNP's in-house survey department, which includes several Registered Professional Land Surveyors, field crews, Surveyors-in-Training, and a support staff. Equipment utilized includes Trimble Real-Time Kinematic Global Positioning Systems, Robotic Total Stations, and other electronic total stations. Mr. Roberson is also responsible for the preparation of descriptions used for easements, right-of-way acquisitions, - boundary conveyances, and annexations. - Partial Listing of Right-of-Way Projects • Glade Road Sidewalk Improvement Project—City of • Sanitary Sewer Rehab Projects - City of Fort Worth Colleyville • Bear Creek Parkway- City of Keller • Grauwyler Rd.—City of Irving • Sandy Lake Road—City of Coppell ro • Westpark Way- City of Euless • Keller Smithfield Road —City of Keller Partial Listing of School Surveying Projects • Alvarado High School Fine Arts Addition • Keller ISD, New Natatorium - • Cleveland Elementary School • Keller ISD, Woodlands Springs Elementary School • Crowley ISD, New Middle School • Keller ISD,Wall Price Elementary — • Crowley ISD, Crowley High School Addition • Prosper ISD Elementary School Addition • Eagle Mt.-Saginaw ISD, Boswell High School Expansion • Prosper ISD High School Addition, Prosper, TX • Keller ISD, Hidden Lakes Elementary School • Prosper ISD Middle School Addition Education Professional Registrations/Associations Tarrant County Junior College Registered Professional Land Surveyor,Texas #4090 University of Texas at Arlington Member, Texas Society of Professional Surveyors - 8 CEU per year for Professional Registration Member, American Congress of Surveying and Mapping NICHOLAS G. Nft-SON, A5LA - NALL ANn P KIN5, INC. - POL : Landscape Architecture Mr. Nelson has diverse experience in landscape architecture and planning. This experience includes urban design, landscape - architecture, and environmental planning. With specialty in multiple computer applications ranging from Design Visualization, Electronic Media, Geographic Information Systems (GIS), and Computer Aided Design (CAD), in conjunction with context sensitive design experience, efficient and creative design solutions are ensured. Partial Listing of Planning/Landscape Architecture Project Experience • Lake Lewisville Toll Bridge Design Guidelines— • DeSoto Landmark Tower— DeSoto, Texas - Lewisville, Texas • Cedar Ridge Nature Preserve— Dallas, Texas • Southwest Parkway Design Guidelines— Fort Worth, • Heron Bay—Coral Springs, Florida Texas • Falcon Trace—Vero Beach, Florida • • 1-405 Design Guidelines—Seattle,Washington • Parkland Golf and Country Club— Parkland, Florida • San Bruno Transit Station/ Posy Park—San Bruno, • Nautica Lakes—Royal Palm Beach, Florida California • Sunset Falls—Miramar, Florida - • Dallas North Tollway Preliminary Landscape- Dallas, • Agricultural Preservation Study— Logan, Utah Texas • The Bear River Heritage Area— Logan, Utah — • Dallas North Tollway Toll Ramp Plaza Options - Dallas, Texas Education 2003- Bachelor of Science in Landscape Architecture and Environmental Planning, Utah State University, Logan, Utah Professional Registrations/Associations Registered Landscape Architect - Texas #2320 American Society of Landscape Architects - /Tip TEAGUE NALL AND PERKINS Facie 12 Civil Engineering Surveying Landscape Architecture PI,o g STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 — JUNE 20,2006 CITY OF WYLIE g JENNIE A. MOPGAN - 1'EAGUE NALL ANq I'EC?KIN5, INC. - POLE: Landscape Architecture - Ms. Morgan's professional experience includes Residential and Urban Design in Landscape, as well as an extensive Planning background. She is proficient in hand drafting, Photoshop, and CAD design. Ms. Morgan joined the TNP Landscape Architecture team in 2006. Partial Listing of Landscape Architecture Experience • South Grapevine Highway Corridor- Boulevard 26- North Richland/Richland Hills, Texas • LBJ Freeway Corridor- Dallas,Texas • Twin Creeks Shallowater Drive Bridge-Allen, Texas - • Woodall Rodgers Freeway- Deck Park- Dallas,Texas • Cit of Commerce Live Oak/Washington Streetscape Revitalization-Commerce, Texas - • Sugartree on the Brazos Amenities Center-Lipan, Texas • Harris Hospital- Fort Worth,Texas • Dionne Bagsby All Sports Complex-Crowley, Texas • Bicentennial Park-Crowley,Texas • Westview Townhomes-Texas/Henderson- Fort Worth, Texas r Education • 2004 Bachelor of Landscape Architecture-Texas A&M University-College Station, Texas Professional Associations • American Society of Landscape Architects r" JAMES C3, HAPPY, AIA — HAHNF Lq HOPPEP 51"ANFOKq POLE; Architectural 5ubconsultant Mr. Hardy offers the team 17 years of experience in the architectural field. He joined the firm in 2000. Mr. Hardy is very active in the civic and professional community. Besides his architectural career, he also serves as a Lieutenant Colonel in the Texas Army National Guard. He has recently returned from serving as the base operations commander in Kandahar Afghanistan in support of Operation Enduring Freedom. t- TNP has enjoyed a working relationship with Hahnfeld Hoffer Stanford architects since 1988. The companies have worked • on 108 projects together, and counting. REPRESENTATIVE EXPERIENCE e- K-12 EDUCATION Grapevine-Colleyville ISD- New High School • Lake Worth ISD - Lake Arlington Baptist Church Denton ISD - Additions to Two High Schools Lake Worth ISD- Marine Creek Elementary School Dallas ISD - Renovations to 4 Elementary Schools • Fort Worth ISD - Five New Elementary Schools Fort Worth ISD - Lily B. Clayton Elementary School HIGHER EDUCATION Crowley ISD -Two New Elementary Schools Tarrant County College District Southeast Campus - Crowley ISD - New Middle School Texas Christian University Friedman Varsity Tennis Center Crowley ISD - Stadium Additions/Renovations AFFILIATIONS REGISTRATION American Institute of Architects Architect - State of Texas Southcliff Baptist Church EDUCATION Texas Army National Guard Bachelor of Environmental Design - Texas A&M University, FAA Certified Flight Instructor 1985 ,r• Graduate, Command and General Staff College - U.S. Army, Ft. Leavenworth, 2000 - Mis TEAGUE NALL AND PERKINS page Civil Engineering Surveying Landscape Architecture Planning STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS /" JUNE 20,2006 CITY OF WYLIE 51TPHeN C. I I?KINI IL — MKINr31LE+ CKAIG, INC. " POLE: Irrigation 5ubconsultant SCBA,Inc. is a progressive, irrigation design firm committed to excellence in the engineering of irrigation systems. I founded SCBA,Inc. in 1990 with 4 years of previous experience with The SWA Group of Dallas. As a Landscape Architect, with a BLA degree from Texas Tech, I brought this firm into the 21st century with 18 years of irrigation design experience. Leading the way in quality design by incorporating master control systems, drip systems, and the use of gray water sources shows that we intend to design our systems with quality and water conservation as our primary goal. Over the life of a clients irrigation system, a quality design will continue to save our clients money year after year. As of January 2003, our firm was certified as a DBE by the NCTRCA. We have worked on several projects requiring LEED certification and we are in the process of becoming a LEED certified consultant. Project Experience Riverview Sports Complex — Waco, TX: Softball and Baseball Fields-League Play; Alternate water source from the Brazos River. 8 Playing Fields Bill McAlister Park-Lubock,TX: Softball and Baseball Fields-League Play; 12 Playing Fields. Large Booster Pump system with self cleaning filters Rockwall Stadium-Rockwall,TX: High School Football Stadium, City Water Irving High School-Irving, TX: High School Football Stadium, City Water Bosque Park-Addison,TX: Pocket Park Midlothian Sports Park-Midlothian,TX: Softball Fields, City Water System EDUCATION REGISTRATION Bachelor of Landscape Architecture-May 1986 Landscape Architect- No. 1763 r Texas Tech University-Lubbock, Texas Date of Registration September 8, 1994 Weathermatic School of Irrigation Knowledge -May Licensed Irrigator -No. 4233 , 1987, Garland, Texas Date of Registration February 20, 1991 Continuing Education Units- 120 Hrs JACK UPGE55, P — r?OMINE, r?OMINE, & NPGE55, INC. POLE. Mechanical/ Electrical/ Lighting 5ubconsultant Mr. Burgess has thirty-eight (38) years experience in the design of all phases of electrical systems for commercial, industrial and institutional projects. His experience includes designs for schools, hospitals, office buildings, military complexes, theaters, and manufacturing facilities. Jack is responsible for project management and total design and coordination of all electrical systems for RR&B. Partial Listing of Project Experience: Snyder Jr. College Complex — Snyder, Texas - Designed all exterior lighting for eight (8) building campus, including all interior walkways, parking lots and common areas. Johnson &Johnson Medical, Inc. —Arlington, Texas - Exterior lighting and parking lot design for large medical production f and research facility. Texas Christian University—Fort Worth, Texas - Exterior lighting design in several areas for large private university. American Airlines— Fort Worth, Texas - Exterior lighting design in several areas for large airline company. -- Texas Woman's University—Denton, Texas - Exterior lighting design in several areas for large state university. Mansfield I.S.D. — Mansfield, Texas - Exterior lighting design for two large (2,500 student) high school complexes. These two projects cost approximately $45,000,000 each and were six building complexes, including extensive parking lots. Various School Districts, Large Single Building High Schools - Exterior lighting design for large single building (2,000 student) high school campuses at Azle I.S.D., Burleson I.S.D., Mansfield I.S.D., Midway I.S.D., Aledo I.S.D. and Kennedale I.S.D. Pantego Town Park—City of Pantego,Texas - Exterior lighting design for a town park. Tarrant County College District— Fort Worth,Texas - Northwest Campus Fire Academy including exterior lighting design. e. EDUCATION: EET, University of Texas at Arlington PROFESSIONAL REGISTRATION: Registered Engineer in the State of Texas #32667 i TEAGUE NALL AND PERKINS paqe Civil Engineering Surveying Landscape Architecture Planning a STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 �. JUNE20,2006 CITY OF WYLIE r' CHAIU5 M, JACKSON, P,E. - CMJ ENGINt?ING, INC. POLE; Geotechnical 5ubconsultant r Mr. Jackson manages all aspects of the operation in addition to providing geotechnical engineering services. He is the senior ,... reviewer on all geotechnical work performed in Fort Worth. In geotechnical engineering since 1973, Mr. Jackson has managed geotechnical engineering and construction materials testing projects of all magnitudes. Mr. Jackson has supervised geotechnical projects in the heavy civil, industrial, commercial, water resources, and residential sectors. Typical projects include schools, high-rise buildings, manufacturing facilities, electric power plants, large earthen dams, airports, highways, parks, trails, sanitary landfills, and waste water r- treatment plants. • Partial Listing of Geotechnical Experience on Trail and Park Projects: • Park Pavilions—Seven Park Sites—North Richland Hills, Texas • Baker's Branch Park— Duncan Lane— Flower Mound, Texas • Walker's Creek Trail —Amunson Drive to Grapevine Highway—Grapevine, Texas • Chappel Creek Trail— north of Wade Boulevard— Frisco, Texas r- • Trinity River Trail—east of FM 157 and north of West Fork Trinity River—Arlington, Texas ... • Retaining Walls— Hike and Bike Trail Improvements—Spring Creek Parkway— Plano, Texas • Bosque River Trail Project—Stephenville, Texas •'' • New Park Site—White Chapel Boulevard at Bob Jones Road—Southlake, Texas • Gateway Park— Beach Street— Fort Worth,Texas .► EDUCATION REGISTRATIONS Bachelor of Science, 1971, Civil Engineering, Georgia Professional Engineer, TX #46088 Institute of Technology Professional Engineer, GA#11713 Master of Science, 1973, Civil Engineering, Georgia Professional Engineer, OK#12710 Institute of Technology ,,, 12 51GN AWARn5 ANn 1COGNI11ON " • Ranked a " 2002 Best Civil Engineering Firm to Work For" in the nation by CE News Magazine. e • Selected in the Dallas Business Journals top ten "Best Places to Work in D/FW" contest in 2003 and 2004. • Keller Town Hall (Keller, Texas), a TNP site engineering project, was voted a "2002 Best of Texas" project by Texas "0- Construction magazine. �• • Fort Worth Chamber of Commerce Small Business of the Year Finalist, 2004 and 2005. • Keller ISD Natatorium (Keller, Texas), a TNP site engineering project, earned an "Innovative Architecture Design Award" by Recreation Management magazine in 2004. • • The Keller Pointe Recreation Center (Keller, Texas), a TNP site engineering project, earned an "Innovative Architecture Design Award" by Recreation Management magazine in 2005. • Bluebonnet Elementary School (Fort Worth, Texas), a TNP site engineering project, won a top 10 Topping Out 2005 r- award in competition against 40 innovative D/FW architectural/engineering projects. Om ms BFS MLA of ivoi, . PLACES �` O FORK � 1pir Lter,. "DLSIGN F. Y1RisuigJhu AWARDS SMALL BUSINIF SS , ,, r Or TUE YEAR f. 3 A r 2 O O 4 w ._:;$- �. M TEAGUE NALL AND PERKINS paX' Crvll Engineeen4 tiurveyiny Landscape Architecture Liar ring SECTION IV: FINANCIAL LEGAL STATUS elk STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 ,w JUNE 20,2006 CITY OF WYLIE 5C1110N IV: FINANCIAL. AN LEGAL 51"AfU5 aNNM FINANCIAL CAPA131LI1Y OF FIRM ANn FINANCIAL TNP Revenue IOCUM1'5 TNP is on track to realize $11 million in revenues this year. $12,000,000 TNP is a relatively debt-free private corporation in good $10,000,000 r' financial standing. The chart to the right demonstrates our increases in earnings over the past nine years. We have $8,000,000 included a current financial statement and balance sheet in �' the Appendix. $e,000,000 $4,000,000 AC110N51'AMN I3Y ANY I GULATOY AGENCY AGAINST $2,°°°,°°° Of; INVOLVING FIRM Ill. — :a. " TNP has had no actions taken by any regulatory agency $0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 against or involving the firm, its agents, or employees in regard to professional service activities or with respect to any - work performed. LI11GA110N AGAINST OR INVOLVING M M WI11- 5° C1"TO WORK FF FOFM I3 TNP has developed a quality assurance/quality control program to guard against errors and omissions in preparation of 00- plans and specifications. Detailed oversight by our most experienced principals throughout the design process and in-house "third party" review by other engineers are key aspects of that program. Frequent in-house design review meetings are conducted with everyproject, with appropriate documentation bythe project manager. In the unlikelyevent of an errors p l g ow and omissions claim, TNP carries a $1 million per event professional liability insurance policy as a precautionary measure. 0 - Higher coverage can be obtained on a project-by-project basis. ,0-k In regards to litigation history, TNP recently filed suit against a developer for non-payment of fees regarding a project in Grand Prairie, TX. The developer, in turn, filed counter suit against TNP alleging breach of contract. This was all reported to our carrier. In June 2006, the case went to trial and TNP prevailed on all counts. ALL INSUt;ANa COMAa FIRM HAS APPLICAI3L TO WORK TNP carries ample amounts of insurance in the unlikely event of an insurance claim. We carry a $1,000,000 per claim/annual aggregate Professional Liability policy; a $1,000,000 (each accident) Workers Compensation policy; a $1,000,000 per occurrence/$2,000,000 aggregate General Liability policy; a $1,000,000 (combined single limit) Automobile Liability policy; and a $4,000,000 (per occurrence/aggregate) Excess/Umbrella Liability policy. TNP can provide copies of insurance certificates to the City upon request. JUp15171CA110N5 IN WHICH FIf?M'5 PAJ TNF SNIT' OP TAM NAME 15 FILN 7 TNP is a registered corporation in the State of Texas. JU05I71C110N5 IN WHICH FIRM 15 LEGALLY QUALIFIW TO f70 I3U5INF55 • TNP is corporately licensed to practice engineering, surveying, and additional related services in the State of Texas. The - firm's Texas Board of Professional Engineers company registration number is F-000230. r r-, /7" TEAGUE NALL AND PERKINS r3gC 16 Civil Engineering Surveying Landscape Architecture Planning SECTION V: EXPERIENCE & REFERENCES STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS JUNE20,2006 �^ CITY OF WYLIE 1 5C-110N V: XpPI NCB ANn P F P NC5 NM 5 F (PF IFNCF WOKKING WITH GOVF}NMNT"AGFNCI F5 Approximately 85% of TNP's clientele lie within the municipal and governmental market sector. TNP serves more than 80 North Texas government entities on a regular basis. We have developed a long-standing reputation for providing timely, responsive, and personalized services to clients, and have been serving many of them repeatedly for more than 20 years. Governmental clients continually turn to us because of our ability to complete projects on schedule and within budget. Governmental clients include: • City of Allen • City of Grand Prairie • City of Southlake • City of Arlington • City of Grapevine • City of The Colony • City of Bedford • City of Godley • City of Weatherford • City of Benbrook • City of Haltom City • Dallas County • City of Blue Mound • City of Hillsboro • Denton County • City of Bryan • City of Hudson Oaks • DeSoto Economic Development Corp. • City of Carrollton • City of Hurst • Hood County • City of Cleburne • City of Irving • North Texas Tollway Authority • City of Colleyville • City of Joshua • Parker Co. Utility Dist. No. 1 • City of Coppell • City of Keller • SW Denton Co. Rd. & Utility Dist. • City of Crowley • City of Kennedale • Tarrant County • City of Dallas • City of Lake Worth • Town of Addison • City of Dalworthington Gardens • City of Lewisville • Town of Bartonville • City of Decatur • City of Mansfield • Town of Flower Mound • City of Denton • City of Murphy • Town of Little Elm .• • City of DeSoto • City of North Richland Hills • Town of Trophy Club • City of Euless • City of Plano • Town of Westover Hills • • City of Everman • City of Richland Hills • Weatherford Utility Board • City of Farmers Branch • City of River Oaks • Texas Dept. of Transportation • City of Forest Hill • City of Roanoke • Texas Dept. of Criminal Justice • City of Fort Worth • City of Rowlett 1.1511NG OF COMPAPA31.F MICE"FXPFVIFNCF IN TEXAS - C PA1K5 & TRA I-5) TNP's staff has extensive experience on a wide range of recreational design projects. TNP's landscape architects and engineers create recreational facility designs that meet the needs of vested community groups while also keeping safety a top priority. Our recreational design team works to blend the natural and cultural attributes of a site to create an intrinsically rich design that meets client requirements, and produces an aesthetically pleasing environment. Our project management approach ensures that projects are completed in a timely manner and within budget, which is often a high priority for our clients. • Services include: • Park Master Plans& Design • Hike and Bike Trail Design • Sports Field Design • Entry Features ,r- • Playgrounds e' A partial listing of our parks and trails project experience includes: e- 0- /7" TEAGUE NALL AND PERKINS rage 17 Civil Engineering Surveying landscape Architecture Planning STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 CITY OF WYL1E A. Project Name and Location: MAXWELL CREEK PARK- B. Year Completed: Currently in Process C. Short Description: This project includes the development of trails, playgrounds, pavilions 1r01 and athletic facilities on land totaling more than 42-acres that stretch along Maxwell Creek. A 44 t new pedestrian bridge will tie the east side parkland with the west side parkland. The design team will assist the city in working through the land donations and administrating the Texas Parks and Wildlife Department grant money. D. Owner/Contact: Mr. Craig Sherwood, City Manager, City of Murphy, 206 N. Murphy Road, Murphy, Texas 75094; 972-424-6021; csherwood@murphytx.org E. General Contractor/Project Engineers: General contractor not yet determined since project is still in design; Project Engineer: Teague Nall and Perkins, Inc. F. Design &Construction Cost/Within Project Budget: Schematic Design Construction Estimate - $540,000; Budget $600,000 (TPWD grant - $500,000; City $100,000) G. Construction Length/Completed On Time: Not applicable; project currently in design phase. A. Project Name and Location: BEAR CREEK TRAIL HEAD PARK—KELLER,TEXAS B. Year Completed: 2006 C. Short Description: As part of Keller-Smithfield Road reconstruction project, TNP assisted in the realignment and addition to the existing park facility. Services included trail layout and design, drainage, lighting, entry feature design, grassing, irrigation, and retaining walls. D. Owner/Contact: Mr. Ed Ilschner, Director of Public Works, City of Keller, P.O. Box 770, Keller, TX 76244-0770, 817- 743-4080; eilschnerccityofkeller.com E. General Contractor/Project Engineers: Contractor: JLB Contractors; Project Engineer: Teague Nall and Perkins, Inc. F. Design &Construction Cost/Within Budget: Construction $195,000 (est.); Design Cost: $37,000; the project was completed within budget G. Construction Length/Completed On Time: The park project construction was part of the Keller-Smithfield Road reconstruction project, therefore the overall project length was two years. The entire project was completed on time. A. Project Name and Location: TOWN CENTER PEDESTRIAN TRAILS—KELLER,TEXAS B. Year Completed: 2002 C. Short Description: TNP implemented a master plan for the town center open space/pedestrian way. The plan included lake and park area improvements, approximately • 4,500 feet of pedestrian trail system, bridge design, and coordination with TxDOT on FM 1709 improvements. One bridge class culvert was designed to accommodate a hike and bike �;w... > trail under Bear Creek Parkway. The project earned a "Best of Texas" 2002 award by Texas • + Construction Magazine. D. Owner/Contact: Ms. Nika Reinecke, Director of Community Development, 1100 Bear Creek Parkway, Keller, Texas 76244: 817-743-4130 AIM E. General Contractor/Project Engineers: Thomas S. Bryne, 900 Summit Ave., Fort Worth, tonTexas 76102; 817-335-3394 F. Design &Construction Cost/Within Budget: Total Construction: $5,130,000; $2,300,000 was Civil Portion; the design cost was part of the overall Keller Town Center project; the e' project was completed within budget. G. Construction Length/Completed On Time: Information not known; TNP served as a subconsultant to an architect on the project. A. Project Name and Location: COOPER CREEK TRAIL—DENTON,TEXAS B. Year Completed: 2004 C. Short Description: TNP designed just over a mile of hike and bike trail for the City of Denton Parks Department. The trail included trails in three different parks, including Fred Moore Park and Phoenix Park. The design project included sidewalks to improve pedestrian connectivity and ADA accessibility routes. The project also included some minor drainage improvements. D. Owner/Contact: Mr. Bob Tickner, CLP, CPSI, Superintendent, Planning and Development Parks and Recreation Department, City of Denton, 321 McKinney Street, Denton, Texas 76201; 940-349-8275 E. General Contractor/Project Engineers: General contractor information not available—they were selected by the City; Project Engineer: Teague Nall and Perkins, Inc. nii' TEAGUE NALL AND PERKINS Civil Engineenng Surveying Landscape Arch tccture Pianrtnu STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS Pilt‘‘JUNE 20,2006CITY OF YLIE ,r F. Design &Construction Cost/Within Project Budget: Design Cost: $15,000; construction cost is not available since TNP was not involved in the construction bidding process. G. Construction Length/Completed On Time: TNP was not involved in the construction process, as it was managed r,. completely through the City. A. Project Name and Location: RANDOL MILL PARK - ARLINGTON,TEXAS B. Year Completed: 1997 C. Short Description: Mr. , w employed another firm, served landscape designer and assistant to theAlves overall develophilement ofwith the park master plan. Randolas Mill Park in Arlington, Texas is one of the City's oldest parks and at the time needed an extensive redevelopment. The first phase of work included an overall master plan outlining the vision for the park. The master plan phase led to the construction documents for a new entry/exit roadway with amenities that would include a softball fourplex, five baseball fields, pavilions and parking. �„ D. Owner/Contact: Contact information no longer available; no longer employed by the City. E. General Contractor/Project Engineers: General contractor information not available; Project Engineer: Carter& Burgess 0-- F. Design&Construction Cost/Within Project Budget: Design Budget was $8,000,000; Construction information not available. G. Construction Length/Completed On Time: This information is not available. A. Project Name and Location: COLLEYVILLE CITY PARK-COLLEYVILLE,TEXAS /` B. Year Completed: 1998 e,, C. Short Description: As a project team member with another firm, Mr. Alves assisted in the ,� Ys preparation of a park master plan and construction documents for this park in Colleyville, Texas. The park included six baseball fields, three softball fields, six tennis courts, 1.5 miles of hike and bike trails, a 500-seat amphitheater, a 1.5-acre pond with overlooks, parking for 0" - _ 560 vehicles, a restroom/concession building, a pavilion, one maintenance building, an in- line hockey rink/basketball court, and two sand volleyball courts. -T D. Owner/Contact: Contact information no longer available; no longer employed with City. r' E. General Contractor/Project Engineers: General contractor not available; Project Engineer: Carter& Burgess F. Design &Construction Cost/Within Budget: Design Budget was $5,000,000; Construction 00►. information not available G. Construction Length/Completed On Time: This information is not available. A. Project Name and Location: BOYS &GIRLS CLUBS OF GREATER FORT WORTH EASTSIDE BRANCH BALLFIELDS& PLAYGROUND AREAS-FORT WORTH,TEXAS B.Year Completed: 1995 C. Short Description: Mr. Alves, while employed with another firm, served as landscape - architect and lead designer for Phase I and Phase II outdoor recreational amenities for the Eastside Branch of the Boys & Girls Clubs of Greater Fort Worth. Phase I included an overall master plan for a little league baseball field (sponsored in part by the Texas Rangers Baseball Team and Will Clark), football/soccer field, playground, and sand volleyball court. Phase also included the coordination with Texas Rangers and Boys & Girls Clubs to build the little r' league baseball field with bleachers and concession building. Phase II implemented the other ••,, recreation amenities as outlined in the master plan. • D. Owner/Contact: Mr. Joe Cordova, President &CPO, Boys &Girls Clubs of Greater Fort Worth; 3218 E. Belknap Street, Fort Worth,TX 76111-4739 E. General Contractor/Project Engineers: General contractor not available; Project Engineer: Carter&Burgess F. Design&Construction Cost/Within Project Budget: Design Budget was $300,000; Construction information not available G. Construction Length/Completed On Time: This information is not available. or- MA" TEAGUE NALL AND PERKINS Facie 19 Civil Engineering Surveying i andscape Architecture Planning STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 __. CITY OF WYLIE A. Project Name and Location: SANDY LANE PARK- FORT WORTH,TEXAS B. Year Completed: 2002 C. Short Description: TNP designed the park baseball/softball field and channel stabilization. Services included gabion mattress design, grading, drainage, parking design, • .r concrete flatwork, infield skin design, backstop fencing, surrounding fence, grassing plan, and lighting layout. 01 D. Owner/Contact: Mr. Eric Seebock, Landscape Architect, City of Fort Worth Parks Dept., 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499, 817-392-5742 E. General Contractor/Project Engineers: General contractor information is not available; • 44 , . Project Engineer: Teague Nall and Perkins, Inc. F. Design&Construction Cost/Within Budget: Construction $325,000; Design Cost: $46,190; the project was completed within budget. G. Construction Length/Completed On Time: The project was completed on time and to the satisfaction of the City of Fort Worth Parks Department. A. Project Name and Location: SEVEN SITES AT VARIOUS LOCATIONS—NORTH RICHLAND HILLS,TEXAS °"�M°° °°° B. Year Completed: 2004 - 2005 C. Short Description: TNP provided survey and engineering for seven separate park sites in ----- North Richland Hills. Services included coordination of trail layouts, drainage, grading, =- structural design and overall park layout. On the Liberty Park and Tommy & Sue Brown ,•ha Park sites, design was especially detailed, requiring TNP to obtain permits from TCEQ, FEMA & the Corps of Engineers. TNP provided services for structural design (retaining walls, gazebo & bridge), grading, large box culvert extensions, parking lot layout and design, trail layout and drainage. D. Owner/Contact: Mr. Mike Curtis, Director of Public Works, City of North Richland Hills; 6720 N.E. Loop 820, North Richland Hills, Texas 76180; (817) 427-6401 E. General Contractor/Project Engineers: General contractor information not available; Project Engineer: Teague Nall and Perkins, Inc. F. Design &Construction Cost/Within Budget: Construction $2,425,000; TNP Design Cost: $92,200; total design budget information is not available because TNP served as a subconsultant on these projects. G. Construction Length/Completed On Time: Information is not available because TNP served as a subconsultant on these projects. A. Project Name and Location: SOUTH EAST METROPOLITAN PARK— r` TRAVIS COUNTY,TEXAS B. Year Completed: 2002 C. Short Description: Mr. Alves, as project manager with another firm, was responsible for the implementation of Projects 1 and 2 of Phase III for this park in Austin, Texas. Phase III included a softball 4-plex, two little league baseball fields, a restroom/concession building, a playground area, walkways/trails, and parking/drive expansions. D. Owner/Contact: Mr. Rodger A. El Khoury, P.E., Director Facilities Management, Travis • County, 1010 Lavaca Street, Suite 400, Austin, Texas, 78701, 512-854-9661 E. General Contractor/Project Engineers: General contractor not available; Project Engineer: HNTB F. Design &Construction Cost/Within Budget: The design budget was $2,200,000; Construction cost: $2,076,845. The project was constructed under budget. G. Construction Length/Completed On Time: Construction information is not available; the engineering firm was not involved in construction since the County directed all construction efforts. 17", TEAGUE NALL AND PERKINS rage 20 STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7A(‘‘DUNE 20,2006CITYOF YLIE r- LISTING OF COMPAJ A131.F P OJFCT FXPF IFNCF IN TXA5 - C 51901:1"5 FIFI-125) TNP provides a full range of sports field and recreational design services. Our team has designed dozens of sports fields and complexes for public entities, cities, schools, universities, and private entities throughout the D/FW metroplex. Our 0 .. design team is experienced in all aspects of the process, from the early programming stages involving active community participation to setting maintenance schedules that meet the client's budgetary goals. es- TNP provides creative design solutions involving site work, grading, comprehensive subsurface and storm drainage collection, base aggregates, special soil structures and amendments, irrigation systems, surfacing, and turf establishment. On r► each project, we conduct a thorough site analysis upfront to maximize the operational efficiency of field layouts and take security and safety requirements into account. Au- - Services include: Grading Design Fencing Roadways Sidewalks/Trails Drainage Design Ancillary Improvements Restrooms Hike and Bike Trails .► Turf Concession Facilities Playgrounds Site-Specific Details Irrigation Design Parking Areas Seating Areas Utility Design Landscaping Design The following is a partial listing of sports field projects that TNP's staff has completed or that are currently in process: r► • All Saints Episcopal Private School Baseball/Softball Complex and Soccer Fields— a Fort Worth,TX • Billy Ryan High School Athletic Facilities - Denton,TX • Boys and Girls Club Ballfields & Playground Areas - Eastside Branch - Fort Worth, TX • Central High School Athletic Facilities— Keller, TX • Colleyville City Park Athletic Fields - Colleyville, TX • Coppell High School Athletic Facilities - Coppell, TX • Crownover Middle School Competition Football/Soccer Field—Corinth, TX • Denton ISD Middle School Site Design &Athletic Facilities • Dublin ISD High School Site Design and Recreational Fields • Eagle Mountain/Saginaw High School Baseball/Softball Complex it • Godley ISD High School Site Design and Recreational Fields • Grapevine/Colleyville ISD Drainage Study for Football Stadium • Harvest Christian Academy Competition Football and Baseball Fields—Watauga, TX • Hurst-Euless-Bedford ISD Running Tracks for Middle Schools 01► _ .__. ,n • Keller Central High School Baseball/Softball Complex Grading • Mansfield ISD Athletic Complex—Mansfield,TX _ ' r ' • North Crowley High School Athletic Facilities - Fort Worth,TX • North Crowley High School Baseball/Softball Complex • North Lake College NCAA Competition Ball Field - Irving, TX • Randol Mill Park Softball Fields—Arlington, TX — • Rio Vista ISD Baseball Complex ' • Sandy Lane Park Ballfield Renovations—Fort Worth, TX • St. Andrews School Ballfields&Track Facilities - Fort Worth, TX �► - • Texas Christian University Track & Baseball Facilities • Timberview High School Athletic Facilities—Arlington, TX • Trinity Valley School Master Plan/Recreational Fields - Fort Worth, TX fir•^, • Weatherford High School Athletic Facilities -Weatherford,TX • White Settlement ISD Brewer High School Track Drainage Ma TEAGUE NALL AND PERKINS page 21 Civil Engineering Surveying Landscape Architecture Planning STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 CITY OF WYLIE ^ 1.I511NG OF ALL Fi OJFC1"5 CUM1LY UNI2N CONTACT On average, TNP completes 200+ various projects per year. Our project backlog for all four offices is currently $10.67 million (including subconsultants). While space does not permit us to list the firm's current contracts, the following is a list of Thomas Alves' current contracts, as he will be the project manager assigned to the City of Wylie on this important - project. — • Maxwell Creek Park and Preserve, Murphy, Texas-Schematic Design Approved, Construction Documents on going • Griggs Streetscape, Dallas, Texas-Schematic Design Approved, awaiting city approval to continue CD's • Oak Cliff Gateway Signage, Dallas, Texas- Project to begin July 2006, contracts signed. • Sandy Lake Road Streetscape, Coppell, Texas-Schematic Design on going • McDaniel Residence, Cedar Hill, Texas-Escarpment Development Plan on going — • Crowley Independent School District:Rosemary Elementary School-Schematic Design on going • Crowley Independent School District: Risenger Elementary School-Schematic Design on going • Crowley Independent School District:Middle School#3-Final Design on going - • Crowley Independent School District:Elementary School#11- Under Construction • Indian Creek and Trophy Club Drive Streetscape, Trophy Club, Texas- Under Construction • Valley Ridge Boulevard, Lewisville, Texas- Under Construction LI511NG OF GOVFI'.NMFN1" FFI:FNCF5 The following pages include a partial listing of TNP's client references. We urge you to contact these clients regarding - similar projects we have performed for them and their level of satisfaction with our firm. We truly believe that they provide the best measure of our capabilities. - Darell S. Bagley,ASLA Mr. Eric Seebock Mr.Jim Farmer, P.E. Senior Landscape Architect City of Fort Worth Dallas County Community "' Planning&Development Services Parks&Community Svcs. Dept. College District City of Frisco 4200 South Freeway, Suite 2200 4343 North Highway 67 6859 Main Street Fort Worth,TX 76115-1499 Mesquite,TX 75150 - Frisco,Texas 75034 817-871-5742 Phone 972-860-7764 Phone 972-335-5580 Phone 817-871-5724 Fax jlfl161@dcccd.edu - 972-335-5549 Fax Eric.Seebockc fortworthgov.org - dbaglevPfriscotexas.gov Mr. Ed Ilschner, P.E. Mr.Mike Ficke Director of Public Works Mr. David Gattis Assistant Park Director City of Keller Assistant City Manager City of Fort Worth P.O. Box 770 City of Benbrook Parks&Community Svcs. Dept. Keller,TX 76244-0770 911 Winscott Road 4200 South Freeway, Suite 2200 817-743-4080 Phone Benbrook,TX 76126 Fort Worth,TX 76115-1499 817-743-4195 Fax 817-249-3000 Phone 817-392-5746 Phone eilschner(acityofkeller.com 817-249-0884 Fax 817-392-5724 Fax dgattispcitvofbenbrook.com Mike.Ficke p fortworthgov.org Ms. Monica Sue Walsh e- Director of Parks&Recreation Mr. Bob Tickner, CLP, CPSI Ms. Nika Reinecke City of Colleyville Superintendent Director of Community 5109 Bransford Road r" City of Denton Development Colleyville,TX 76034 Parks& Recreation Dept. City of Keller 817-503-1096 Phone 321 McKinney Street 1100 Bear Creek Parkway 817-503-1099 Fax - Denton,TX 76201 Keller,TX 76244 walshmAci.collevville.tx.us 940-349-8275 Phone 817-743-4130 Phone 940-349-8384 Fax 817-743-4195 Fax Mr. Milton Brooks rkticknerAcityofdenton.com nreineckePcitvofkeller.com City of Dallas 1500 Marilla Street, Room 4EN Dallas,Texas 75201 214-948-4015 Phone mbrooksCca pbw.ci.dallas.tx.us M" TEAGUE NALL AND PERKINS page 22 Civil Engineering Surveying Landscape Architecture Planning SECTION VI: MANAGEMENT & ORG. APPROACH ^" STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 CITY OF WYLIE 5CTION VI : MANAGMN-1" ANn OI GANIZATIONAI. APPWACN NM'5 UNPN:51R'VING OF 11-IF P OJFC1' TNP understands that the design firm selected will be responsible for an overall master plan, site work design, civil engineering and landscape design for the entire Founders Park Improvements Project as noted below. The facilities will — be compatible with, if not exceed, the needs identified in the Wylie Parks, Recreation and Open Space Master Plan and in accordance with the - improvements outlined in the 2005 Wylie Bond Program. TNP has met with {. - the City staff over the last several months and discussed the project history, existing property and conditions. TNP has reviewed the existing City of Wylie --- Parks, Recreation and Open Space Master Plan, as well as the current Collin County Parks and Open Space Strategic Plan. We understand the needs set - forth in both plans. ' The Founders Park Improvements Project will consist of, but is not limited to, developing an overall master plan and plans, specifications, and estimates for the following: 1) seven unlighted soccer/football fields, 2) seven lighted soccer/football fields, 3) two baseball/softball fields, 4) additional parking, 5) a basketball court, 6) a pavilion area, 7) a concession stand, 8) restrooms, 9) hike and bike trails, 10) fencing, 11) bleachers and concrete pads, 12) an 71,1 irrigation system, 13) landscape design, 14) benches, 15) grills, 16) tables, 17) drinking fountains and 18) park signage. TNP will develop construction document plans for the above-mentioned items necessary for a contractor to successfully bid and construct the project under budget and on schedule. We 4:. °x "TM ;, have assembled a highly qualified project team to address each of these issues _ ;: #« `- ` ` and assist in our efforts to provide quality and responsive services. The TNP team has completed numerous projects related to each of the r disciplines identified in the City's RFQ, performing planning, landscape e., architecture, architecture and engineering design services for projects of similar nature. The TNP team is fully capable of handling the technical and managerial ,r aspects of the park layout and design, landscape architecture, architecture, and civil site improvements. Our team is composed of qualified staff members that l can handle simultaneous multiple design contracts across the various disciplines. .. At the beginning of the project, we believe it is critical to establish a design scope, budget, and scheduling benchmarks quickly so that all parties can work 2F. ' toward a common goal. In the early stages, TNP emphasizes thorough background research and data collection, including existing plans, utility maps, - field design surveys, as-builts, and property surveys. TNP will participate with - the City in evaluating field layout options that provide the greatest benefit for the overall master plan. In this master planning process, the TNP team will evaluate the existing site conditions, improvements, and infrastructure. The result will yield a finished product that represents a cohesive and fully functional - community park that accounts for the site conditions, users needs, city budget and scheduling needs. Coordinating with regulatory agencies, stakeholders, and franchise utility companies are also key components to the project's early success. Understanding and addressing concerns of neighboring property owners, stakeholders, and user r*" groups will be important to the final success of the project. We view public awareness and involvement as a component in ,,,, any public project. In addition, defining an appropriate sequence of work involves understanding what it takes to construct the project in a way that promotes both cost effectiveness and minimizes interruptions of service and accessibility. Together, these items will help provide a better product, and will help create a better relationship between the consultant, the City, and the citizens. We have a strong history of providing responsive and reliable solutions to our communities. We - look forward to the possibility of serving the City of Wylie in the same fashion. r MM TEAGUE NALL AND PERKINS page 23 Civil Engineering Surveying Landscape Archrecture Planning STATEMENT OF QUALIFICATIONS FOR FOUNDERS PARK IMPROVEMENTS 7 JUNE 20,2006 CITY OF WYLIE 1 TNP prides itself on projects that are well designed and responsive to long term maintenance and health needs. TNP will address project continuity as it relates to _ signage and way finding for new visitors and return users. TNP will also manage ; the project through the construction phase to ensure the project is built according to the plans and the construction is fully compliant with the design. TNP's employees and family members will be using these facilities, so we do have a vested interest in making this project a successful reality. HOW FIRM WILL OC?GANIa 1O I'tPFORM 5f?VIa5 The Project Manager will serve as the primary point of contact between TNP and the City, and will oversee design teams specifically assigned to the project from feasibility through construction. A pre-design meeting will be held for the purpose of discussing the detailed scope, design parameters, and any existing construction cost estimates. Interim review points shall be established for the purpose of ensuring timely completion of the design so that the City's desired construction schedule can be achieved. A detailed project schedule Gantt chart will be prepared with the design contract reflecting the agreed upon deadlines. TNP's project team will meet to discuss critical issues such as personnel scheduling, project deadlines, and field survey. The project team is structured to allow for peer review at each level of the design development in order to provide quality control and assurance. We are individually, and collectively, committed to the team approach to planning, problem solving, design development, and quality control. PROCEVU S FOR A55I511NG IN 11-E GtV�LOt'MgN1"OF MMOIC1"SCHN3ULING, COORPINA11ON OF CONSUL1"AN1", QUALITY ANn COS1"CONTROL TNP has a long-standing history of meeting time schedules set by clients for their public works projects, and Wylie's projects will be no exception. Our clients rely on us to keep our commitments and meet necessary schedules. Project Gantt Charts are used to establish deadlines and checkpoints based on pre-design meeting discussions. TNP has successfully completed projects with very compressed schedules for the Cities of Colleyville, Fort Worth, Haltom City, and Denton. Once the project scope and budget goals have been determined, TNP has the consistent ability to complete projects within budget. The inclusion of a conceptual design phase where major design elements are investigated and alternatives generated is very important to meeting these goals. TNP works with the client to select an alternative that meets operational and budgetary needs. TNP has developed and adopted a QA/QC program to guard against errors and omissions in preparation of plans and specifications. Detailed oversight by our most experienced principals throughout the life of the project, as well as in-house "third party" review by other engineers, are key aspects of that program. Frequent in-house design review meetings are conducted at specific project milestones. FIRM'5 APPROACH TO COMMUNICA110N WISH CITY P -R5ONWL ANn SMCIALIY CON5UL1"AN11S Many problems in construction projects can be traced to inadequate communication between the owner and design professional. TNP believes strongly in consistent, thorough communication throughout the project. Periodic design team meetings will be held, and all resolutions and decisions will be documented in writing. Meeting minutes, memoranda of conversations, and discussion notes are critical to ensure that no misunderstandings occur. An additional part of effective communication includes plans, specifications, exhibits and reports that are clear, concise and understandable. TNP takes great pride in the aesthetic quality of the documents we produce. When needed, construction site meetings between the owner, contractor and TNP can also be an important aspect of communication. FIRM'5 APPROACH 10 COt2 ANALYSIS ANn JUIJStIC11ONAL APPROVALS TNP has a successful history of working on projects that require considerable coordination with multiple governmental entities such as municipalities, counties, railroads, TxDOT, TCEQ, and the U.S. Army Corps of Engineers, among others. TNP has also provided design services on numerous projects that require compliance with ADA standards, and we regularly submit plans to TDLR for review. X" TEAGUE NALL AND PERKINS Page 24 Civil Engineering Surveying Landscape Architecture Planning -v -v m Z 0 5 1:25 PM Teague Nall and Perkins, Inc. 06/16/06 Balance Sheet Accrual Basis As of May 31, 2006 f"" May 31,08 ASSETS Current Assets Checking/Savings 10110.0•WNB-CHECKING-3120 297,062.46 11000.0•PETTY CASH-TNP INC 200.00 Total Checking/Savings 297,262.46 Accounts Receivable 12000.0•ACCOUNTS RECEIVABLE 1,668,155.40 Total Accounts Receivable 1,668,155.40 Other Current Assets 13000.0•ACCTS.REC.-EMPLOYEE 575.67 F 13100.0•LOAN TO SHAREHOLDERS 573,690.00 Total Other Current Assets 574,265.67 Total Current Assets 2,539.683.53 Fixed Assets 16100.0•AUTOMOBILES 336,908.44 16200.0•COMPUTERS 666,146.96 16300.0 COMPUTER SOFTWARE 504,515.32 16400.0•EQUIPMENT 462,699.37 16500.0•FURNITURE 589,500.95 16600.0•LEASEHOLD IMPROVEMENTS 97,676.26 17000.0•ACCUM.DEPRECIATION -2,170,464.32 Total Fixed Assets 486,982.98 Other Assets 17200.0•OTHER ASSETS 10,812.32 17500.0• INTANGIBLE ASSETS 35,626.33 Total Other Assets 46,438.65 TOTAL ASSETS 3,073,105.18 LIABILITIES&EQUITY Liabilities Current Liabilities Credit Cards 20100.0•ADVANTA 4,568.49 wr 20300.0•AMERICAN EXPRESS 120.46 Total Credit Cards 4,688.95 Other Current Liabilities 25107.1 •STEWART ENGINEERING SUPPLY,INC 30,196.00 25105.1 •TRINITY-BANK OF WEST-EQPT LEASE 26,841.83 25115.1 •TRINITY BANK OF W#2 EQUIP LSE 52,069.19 20500.0.SALES TAX PAYABLE 1,317.57 21000.0• PAYROLL LIABILITIES -1,787.14 21200.0•GROUP INSURANCE 3,316.60 21800.0•EMPLOYEE FLEX PLAN PAYABLE -2,949.11 25101.1 •TPBJ JV/OPER.LOAN-TNP INC. 120,000.00 25102.1 •WNB/LINE OF CREDIT-TNP INC 200,000.00 25103.1 •WNB LOAN#34240172 418,271.41 Total Other Current Liabilities 847,276.35 Total Current Liabilities 851,965.30 Long Term Liabilities 25507.1 •WNB#34562401-CHEVY SILVERADO 22,374.13 25504.1 •WNB#34506561-CHEVY AVALANCHE 16,068.14 25506.1 •FORD MOTOR CREDIT-EXPEDITION 18,306.95 Total Long Term Liabilities 56.749.22 0" Total Liabilities 908,714.52 Equity 30100.0• CAPITAL STOCK 61,000.00 30500.0• PRIOR PERIOD ADJUSTMENTS 1,681,861.79 31000.0 •RETAINED EARNINGS 25,766.20 Net Income 395,762.65 Total Equity 2.164,390.64 TOTAL LIABILITIES&EQUITY 3,073,105.16 .,,,,,.. CITY OF WYLIE ,.. „,,,, 5TAThMNT OF QUALIICATION5 4-1111° f-OK fOUNDE15 FAKK IMROVMNTS i ; i 11 lit ,c i 4 . ' y!4d.Nkii 0 Ile a,3 ., �" i"' ft....1 j r.z' s z 41011114* I.40* (If: ' lt r' II { ' 4,i„gl Haiff Associates r ..,,,F ,.. I,.,,,,, r '' .F Cr'�'' lµ IIp�4,, a, JUNE 20, 200G Statement of Qualifications - Founders Park Improvements Table of Contents Section I : Letters 2 Section II : firm Information 3 Section III : General Company history/Qualifications 6 Section IV: Financial and Legal Status 14 Section V: Experience and References 17 Section V I : Management and Organizational Approach 23 a a r i r SECTION I Statement of Qualifications - Pounders Park Improvements Section I: Letters es* City of Wylie June 20, 2006 Office of the Purchasing Manager 06-4802 2000 North Highway 78 ok Wylie, Texas 75098 Attention: Jim Holcomb Reference: Request for Qualifications For Founders Park Improvements " Dear Mr. Holcomb: r` Halff Associates recognizes the unique opportunity this project provides in creating a welcoming recreational atmosphere that represents the vitality of Wylie. For that reason,we have assembled an exceptional team of professionals who will address each aspect of the project in a creative manner. As a full-service firm, Halff Associates has the ability to provide all design services from our in-house staff. We have selected the most highly qualified,most enthusiastic individuals for this team. This team is committed to designing improvements for Founders Park that serves as a gathering place that reinforces the community spirit in Wylie. oak We sincerely desire to work with the City of Wylie and would very much like the opportunity to demonstrate our design abilities. This proposal as set forth remains effective for a period of sixty (60) calendar days from the date of submission. am, After reviewing the attached Statement of Qualifications,please feel free to contact me at (214) 346-6266, if you have additional questions. ink — Sincerely, ■Halff Associates • '" ny ughes, RLA Vice President,Director of Landscape Architecture /'► 2 SECTION II Statement of Qualifications - Founders Park Improvements Section II: Firm Information A. Firm name, addresses, and telephone numbers of all firm offices 01* Halff Associates, Inc. /`' DALLAS (Corporate AUSTIN FORT WORTH Headquarters) 1421 Wells Branch Pkwy, Ste. 4000 Fossil Creek Blvd 8616 Northwest Plaza Drive 104 Fort Worth,Texas 76137 Dallas,Texas 75225 Austin,Texas 78660-3230 Phone: 817/847-1422 Phone: 214/346-6200 Phone: 512/252-8184 FAX: 817/232-9784 ek FAX: 214/739-0108 FAX: 512/252-8141 HOUSTON SAN ANTONIO McALLEN 3701 Kirby Drive, Ste. 1290 300 E. Sonterra Blvd., Suite, 230 5000 West Military, Suite 100 Houston,Texas 77098 San Antonio,Texas 78258 McAllen,Texas 78503 Phone: 713/523-7161 Phone: 210/798-1895 Phone: 956/664-0286 FAX: 713/523-4373 FAX: 210/798-1896 FAX: 956/664-0282 , FRISCO FLOWER MOUND #0%' 3801 Parkwood Blvd, Ste 500 1001 Cross Timbers Rd. Suite Frisco,Texas 75034 2020 Phone: 214/618-4570 Flower Mound,Texas 75028 ,., FAX: 214/618-4574 Phone: 972/956-0801 FAX: 972/956-0842 B. Structure of firm oft Halff Associates, Inc. is an employee-owned, Texas corporation. Founded in Dallas in 1950, the firm has grown to include offices in Austin,Fort Worth,Houston, San Antonio, Frisco and McAllen. Ha1ff Associates is consistently r► ranked in Engineering News Record magazine's list of the top 500 design firms in the United States. C. Years firm has been in business: 5G D. Names of principals in firm: George Prall, PE 1421 Wells Branch Pkwy, Ste. 104,Austin,Texas 78660 Joe Novoa, PE, RPLS 8616 Northwest Plaza Drive, Dallas, Texas 75225 Martin Molloy, PE 8616 Northwest Plaza Drive, Dallas, Texas 75225 Pat Kunz, PE 8616 Northwest Plaza Drive,Dallas,Texas 75225 Roger Burns 8616 Northwest Plaza Drive, Dallas,Texas 75225 Greg Kuhn, PE 8616 Northwest Plaza Drive, Dallas, Texas 75225 Roman Plugge, PE 8616 Northwest Plaza Drive, Dallas, Texas 75225 Raul Wong,Jr., PE, RPLS 8616 Northwest Plaza Drive,Dallas,Texas 75225 3701 Kirby Drive, Ste. 1290, Houston,Texas 77098 Raul E. Wong, PE Walter Skipwith, PE 8616 Northwest Plaza Drive, Dallas,Texas 75225 Lynn Lovell, PE, RPLS 4000 Fossil Creek Boulevard, Fort Worth, Texas 76137 Mike Romanowski, PE 8616 Northwest Plaza Drive, Dallas,Texas 75225 Everett Spaeth,AIA 8616 Northwest Plaza Drive, Dallas, Texas 75225 Russell Killen, PE 4000 Fossil Creek Boulevard, Fort Worth, Texas 76137 Statement of Qualifications - Founders Park Improvements E. Primary contact: III Halff Associates Project Manager: Lenny Hughes, RLA '^ 8616 Northwest Plaza Drive Dallas, Texas 75225 Phone: 214/346-6266 Fax: 214/739-0096 �► Email: lhughes@halff.com F. Organizational description: The firm's technical expertise, financial stability, and support services are second to none. We provide a broad range of services on complex projects by bringing multiple engineering, architectural, scientific,planning, and surveying disciplines together under one roof. Our staff consists of: �. • Architects • CADD Technicians • Landscape Architects • Mechanical Engineers �+ • Civil Engineers • Mechanical/ Electrical Designers • Computer Animators • Planners • Community Involvement Specialists • Right of Way Specialists • Construction Inspectors • Structural Engineers • Electrical Engineers • Subsurface Utility Engineers oak • Environmental Engineers • Surveyors • Environmental Scientists • Transportation Engineers .. • Geologists • Water Resource Engineers • GIS Specialists rek 14.4 enkk 4 Mk ,01* Statement of Qualifications - Pounders Park Improvements ,6,, The following is a graphic depiction of the Half Associates organizational structure. The Management Team g President Martin Molloy,PE Chief Operating Vice President of Vice President of Chief Financial Officer Marketing Branch Offices Officer Pat Kunz.PE Greg Kuhn,PE Roman Plugge.PE Roger Burns dillok Dallas Services • Planning/Landscape Architecture • Transportation Engineering • Building Services • Public Works • Infrastructure/Site Development • Construction Management • Environmental Engineering&Science • Surveying/Mapping • Water Resources • Visual Technologies 41111., Austin Office Houston Office Fort Worth Office Director Director Director George Prall.PE Raul E.Wong,PE Lynn Lovell,PE • Planning/Landscape • Planning/Landscape • Infrastructure/Site Architecture Architecture Development • Infrastructure/Site • Infrastructure/Site • Environmental Engineering Development Development &Science • Environmental Engineering •Transportation Engineering •Water Resources &Science • Public Works •Transportation Engineering •Water Resources • Construction Management • Public Works •Transportation Engineerng • Surveying/Mapping • Construction Management • Public Works • Surveying/Mapping • Construction Management Frisco Office San Antonio Office McAllen Office Flower Mound Office Director Director Director Director Dennis Chovan,PE John Perez,PE Trey Murray,PE James Pruitt,PE • Infrastructure/Site • Infastructure/Site • Planning/Landscape • Infrastructure/Site Development Development Architecture Development • Transportation Engineering •Water Resources • Infrastructure/Site •Transportation Engineer in,i • Public Works •Transportation Engineering Development • Public Works • Construction Management • Public Works •Transportation Engineering • Surveying/Mapping • Surveying •Public Works •Construction Management •Surveying/Mapping G. Description of firm's philosophy: Ilik Halff Associates continues to be true to the principles of our founder, Dr. Albert Halff, PE- integrity, dedication to .► client service, and commitment to quality- and in so doing have maintained decades-long relationships with many of our clients. We take a great deal of pride in our ability to retain our valued employees. Many of our professional staff started r. with Halff Associates straight out of college and have grown in their careers knowing the commitment to quality .. that is the cornerstone of the firm. We know this attribute,more than any other, allows us to maintain a loyal client base. We are members of a company built on integrity, technical knowledge, and commitment to client service. Halff Associates is one of the premier park and trail design firms in the state of Texas. We combine the design and 0," creative expertise of our landscape architects with the technical expertise of our design engineers. Additionally,we have architects who have extensive experience performing architectural projects. We will bring this extensive • statewide experience to the city of Wylie. Very little in park and trail design exists that we have not seen or dealt with on previous projects. Our level of • experience provides our clients a very high comfort level with the communities where we work. Our extensive experience provides Wylie with a firm that is perhaps more qualified to work on all aspects of The Founders Park 0" project than any other in the State as noted by our recent awards as identified on page 12 of Section III. 0" El 5 SECTION III e Statement of Qualifications - Pounders Park Improvements Section III: General Corn-any history/Qualifications 0" A. A brief history of the firm and the services routinely provided on municipal park and recreation projects /` Over the past 10 years, Halff Associates has planned and designed approximately 100 significant park and open r►, space projects within Texas,including more than 22 miles of trails,master plans for another 450 miles of trails, more than two dozen parks, active recreational facilities ranging from 10 to 500 acres in size, and numerous interpretive facilities across the State of Texas. At Halff Associates,we have a staff of more than 480, including landscape architects,planners, hydrologist engineers, HaAssociates is one of surveyors, environmental scientists, right of way agents,and architects all within the the most experienced and same firm. We design all features and aspects of parks together, so design concepts re3pected park work and are well conceived and coordinated from the beginning. Our team includes planning design firms #•. the extensive creativity of our landscape architects combined with the design and practicing in Texas today. construction experience of our engineers. Services routinely provided on municipal park and recreation projects provided by Halff Associates include: 01" • Citywide Parks and Trails Planning and Design: Citywide improvements assessments; parks planning and design; trail and open space planning and design; and park concept development. • Planning/Landscape Architecture:Regional, city and development master planning; park design for all types of parks, landscape planning and design;planning and design of irrigation systems; xeriscape design. • Erosion Control/Flood Control: Hydrologic and hydraulic analysis; monitoring and inspection; diversion esik conduits; channels,reservoirs, lakes, dams, spillways; detention/retention ponds; levees; floodplain ,^ reclamation/floodplain map revisions; canal and tunnel design • Architecture: Building design and programming, facility assessment, feasibility studies, and adaptive re- el'' use/renovation,historic preservation and urban design. �., • Infrastructure/Site Development/Transportation: Feasibility studies;planning and design; support utilities infrastructure; civil and structural engineering. • Environmental Engineering and Science: Regulatory compliance; remediation and mitigation assessments; feasibility studies;wetlands and wildlife habitat preservation;permitting • Right of Way Acquisition: Appraisals; negotiations; title and closing services; condemnation support �'► • Construction Management: Construction management; constructability reviews; cost estimating bid-phase services; contract administration; resident engineering quality control/quality assurance; scheduling; cost control; start-up operation. • Visual Technologies: Photo-matching of proposed improvements onto a photograph of existing conditions; creation of 3D computer renderings developed from a computer model, and development of animations depicting walk-through or fly-over visualizations of future conditions. • Public Involvement: Coordination and leadership of agency stakeholders and public meetings;material development including press releases, fact sheets, brochures, and presentation development. Oak � � 6 Statement of Qualifications - Founders Park Improvements B. An organization chart that explains team member responsibilities Crry O Project Manager Lenny Hughes.RLA Civil Engineering/ Park Improvements Design/ Hydraulics/Hydrology Utilities Engineering Landscape Architecture Russell Killen,PE Mark McGraw,PE Francois DeKock,ASLA,LEED Walter Skipwith,PE Pat Acker.PE.RPLS Layne Olivo.RLA Wayne Cooper.ASLA,AICP Support Services Architecture Surveying Everett Spaeth,AIA,LEED Colin Henry,PE,RPLS Lighting and Electrical Public Outreach Dianne Popken,PE Jim Carrillo,ASLA,AICP Hattie Peterson C. Resumes Lenny Hughes, RLA " Role on Project: Project Manager Education: Bachelor of Science, Landscape Architecture - Oklahoma State University Lenny Hughes is Half Associates'Director of Planning/Landscape Architecture. He has a wide variety of experience " in landscape architectural design, commercial landscape design,park design,park planning,management, bidding/negotiations,and an extensive background in horticulture. His responsibility as a Landscape Architect has been an asset to all projects during the preparation of construction documents,installation, and maintenance of built work. Representative projects include: • Northwest Community Park,Belton,Texas—Landscape Project Manager and Team Leader Assistant for the development of a 34-acre Community Park. Park components included one mile walking/jogging trail; two lighted softball fields;a soccer field;a multi-use field;restrooms and concession area;inline hockey court;basketball court; 00* volleyball; children's playground;picnic areas;landscape and xeriscape planning. oft. • Mustang Park,Murphy,Texas—Project Manager for the design and development of a five-acre neighborhood park Worked closely with community,park, and recreation board,and city staff and council. Project included design, bidding and construction administration. Park elements included walking trails,picnic pavilion,basketball court, extensive landscape and irrigation, and extensive children's playground. • Suncreek Park,Allen,Texas—Landscape Project Manager and Assistant Team Leader for the development of a ten- acre neighborhood park. Park components included one half-mile walking trail that connected to the Rowlett Creek Greenbelt Trail,wetland restoration, deck and shade structures, environmental studies of boardwalk for the wetland area,interpretive signage;park signage,tree preservation study, football field/soccer field, two practice backstops, children's playground,and picnic pavilion. • Oak Hills Park,Carrollton,Texas—Landscape Project Manager and Assistant Team Leader for the development of a six-acre neighborhood park. Park components included one half-mile walking trail,picnic pavilion, children's playground,basketball court,volleyball court,multi-use field, extensive landscape planning and irrigation,and park signage. 7 Statement of Qualifications - Pounders Park Improvements e`, • Lone Star Park Trail,Grand Prairie,Texas—Design of 3.2 mile Hike and Bike Trail beginning at Lone Star Park in Grand Prairie running along the wooded riparian corridor of the West Fork of the Trinity River to Hunter Ferrell Roac 0•4 East. Project amenities along the trail includes board walks with interpretive signage, two bird watching overlooks, "The River Overlook",and two new trail heads with entrance markers,interpretive signage,seating and parking. Dutie included trail alignment and design,mitigation requirements meeting City standards,park signage,and ADA review. The project also included landscape planting and irrigation. • Valley View Park,20-Acre Community Park—Principal/Project Manager for a 20 acre community park located within the heart of a progressively growing community. Duties included meeting and scheduling of city staff,publi, work groups, and contractors. Project components included intricate design of a children's playground, .5 miles of /` hike and bike trail,park signage, grading and drainage issues,picnic pavilion, and picnic areas. Wayne Cooper, ASLA, AICP 0"` Role on Project: Park Improvements/Landscape Architecture Education: Bachelor of Landscape Architecture - Texas Tech University Mr. Cooper has more than 22 years of experience in management,planning and landscape architecture,and 0'. construction management for a wide range of projects. He has a thorough knowledge of site development and design principles including permitting and entitlement requirements,implementation requirements,and management processes through the construction phase. Representative projects include: • Hilltop Acres Park, Bexar County,Texas - Project Manager responsible for the planning and design of improvements to this 35-acre park in a rural subdivision in southwest Bexar County. The county obtained the park land through a FEMA buy-out program park for frequently flooded properties. The design of the park includes soccer and baseball/softball fields, trails,picnic areas, and parking facilities for visitors to the facility. Planning and design activities had to account for the active flooding nature of the adjacent creek, as well as the existing residence adjacent to the park that were to remain. • Five Mile Dam Soccer Complex, Hays County,Texas - Project Manager responsible for the preparation of planning, design, and construction documents for this 100-acre soccer complex and park area adjacent to the �• Blanco River in Southern Hays County. The project includes twelve soccer fields,picnic facilities, concession / restroom facilities, trails, and parking for over 650 cars • Lake Creek Park, Round Rock,Texas - Project Manager responsible for the preparation of planning, design, an, construction documents for this 3.5-mile linear park and trail project along the Brushy Creek in eastern Round Rock. The project includes provisions for an in-line hockey facility, basketball courts,playgrounds, trails, fishing areas, a dog park, and extensive interpretive facilities. • Westside Sports Park, El Paso,Texas -Project Manager responsible for the preparation of a master plan, design and construction documents this 50-acre multi-sports park in western El Paso. The design of the park includes 18 soccer fields, two softball and one championship-level baseball field, over three miles of trails, enhanced drainage facilities that function as site amenities, and parking for over 300 cars. The project required extensive stakeholder involvement from numerous city government and special interest groups, and the administrations of a high school and community college adjacent to the project site. 0` Mark McGraw, PE Role on Project: Civil Engineering/Utilities Engineering Education: Bachelor of Science/Civil Engineering- California State University • Cedar Hill Recreation Center,Cedar Hill,Texas—Project Manager of Civil design for a 54,000 sf recreation center building located in Cedar Hill. Project included platting,topographic survey,site work,retaining walls,grading,paving, water, sanitarysewer storm drainage,landscaPeA Pand clearing plan including Corps of Engineers permitting,erosion control for construction activities, construction specifications and contract documents. Statement of Qualifications - Founders Park Improvements • Harker Heights City Park,Harker Heights,Texas-Project Engineer responsible for design of the civil improvements of a 30-acre park for Harker Heights. Project included water, sanitary sewer,grading,and drainage, /�► stormwater detention, erosion control for construction activities and trail paving. • Wagon Wheel Park Improvements,Coppell,Texas—Project Manager of Civil design for adding a restroom 0" building and covered prefabricated structure. Project included concrete trail replacement,retaining walls,grading, paving,water, sanitary sewer, drainage and erosion control for construction activities and construction specifications. • Shady Grove Road Improvements,Grand Prairie,Texas—Project Manager for 1,7001f of road improvements for /" Duke Realty. Project included paving and utility design, erosion control,and right of way acquisition. Utilities involve( included 1,1501f of storm sewer and 1,750 if of sanitary sewer. • Walnut Creek Linear Trail&Park,Mansfield,Texas—Project Manager of Civil design for 9,0001f of concrete& soft surface trail and park improvements for a 19-acre city park for the City of Mansfield Parks&Recreation Department. Project included topography by aerial photography,concrete trail, retaining walls,grading,paving,water, #1124 sanitary sewer, drainage,prefabricated pedestrian bridges,landscape,erosion control for construction activities, construction specifications and contract documents. Pat Acker, PE, RPLS Role on Project: Civil Engineering/Utilities Engineering ,w. Education: Bachelor of Science/Civil Engineering -Texas A$M University Pat Acker has over 24 years of experience. He has a wide range of experience in parks and trail projects. Representative projects include: /` • Suncreek Park,Allen,Texas-Responsible for grading,drainage,paving,and water improvements to serve a new cit3 park. Project included a parking lot,gazebo,playground,recreational fields,hike and bike trail,and a pond. • Harker Heights City Park,Harker Heights,Texas-Responsible for design of the civil improvements of a 30-acre park for the City of Harker Heights. Project included water,sanitary sewer,grading and drainage,a junior Olympic-siz( public swimming pool,hike and bike trail,and miscellaneous park amenities;including retention pond and amphitheater. • • Pelham Park Swimming Pool,Dallas,Texas-Responsible for 200,000-gallon commercial swimming pool. Responsibilities included swimming pool layout, equipment layout and specifications,piping layout, concrete deck �► design,and all specifications related to the swimming pool. • UTA Recreation Fields,Arlington,Texas—Project included design of utilities for soccer and baseball fields on 16 oiN acre site. Project also included design of 1,566 if of storm sewer, 807 if of sanitary sewer,and 1,5801f of water. 00. • Cedar Hill Recreation Center,Cedar Hill,Texas-Responsible for grading and design of drainage,water,and sanitary sewer for two buildings and a parking lot on a 25.5 acre site. Project included 700 if of storm, 1,3201f water P", and 1,000 if of sanitary sewer. • Oak Grove Hike and Bike Trail,Grapevine,Texas—Project included 6,700 if of concrete trail along Lake sok Grapevine with retaining walls,drainage structures, erosion control for construction activities,boardwalks, and prefabricated bridges,including construction specifications and contract documents. Coordination with Corps of Engineers,TxDOT,and City of Grapevine. Francois de Kock, RLA, LEED Role on Project: Park Improvements Design/landscape Architecture Education: Master of Landscape Architecture -Harvard University Design School Bachelor of Science, Landscape Architecture -University of Pretoria, South Africa Francois de Kock has over 20 years of experience. Francois is committed to all issues of recreation planning and " land design,understanding the need for creative,yet sustainable development. Mr. de Kock strives to answer the needs of clients without compromising the integrity of the natural and cultural environment, believing that each site is /^ unique and should be addressed accordingly. Mr. de Kock's main goal as a landscape architect is to be professionally i• Statement of Qualifications - Pounders Park Improvements frok responsible and responsive to the natural and cultural environment. Representative projects include: • Shepherds Hill Neighborhood Park, Frisco,Texas—Responsible for preparation of a design of a 12 acre 0., neighborhood park. • Town Center Plaza and Park Design for Coppell,Texas—Concept and landscape/urban design #' development for city property in front of the Coppell Town Center. Design features include a tower for image making,plaza for large gatherings and festivities, shaded seating,water feature and gazebo. • Sunset Park and Muddy Creek Trail, Rowlett,Texas—The goal of this project was to provide waterfront access to Lake Ray Hubbard as well as the Muddy Creek Nature Preserve. Other objectives included trail linkages to schools and the Rowlett Environmental Learning Center. The design called for hard surfaces off. pathways, a boardwalk that allows for water level viewing, a fishing and observation pier, amphitheater and stage with a large shade structure visible from the opposite bank. Other features included various recreational facilities for basketball,volleyball and picnicking as well as native plantings. • Great State of Texas Railroad Museum, Brownwood,Texas - Landscape Design and Specifications - e+ The design aims to create a sense of anticipation within the visitor; to provide a series of experiences as the visitor moves through the landscape, and to create a landscape reminiscent of the prairie yet visually and oft spatially exciting. The plant palette is limited to plants native to Central and West Texas only. Walter Skipwith, PE o► Role on Project: hydraulics/hydrology Education: Bachelor of Science/Civil Engineering - University of Texas at Austin Master of Science/Civil Engineering - University of Texas at Austin 00., Mr. Skipwith has over 31 years of experience. He is a Vice President and Project Manager at Halff Associates with extensive experience in water resources engineering. He has designed drainage projects and solved storm water, flood /► plain management, flood insurance and water quality problems for streams throughout Texas and the Southwest for municipal clients,the Corps of Engineers,and TxDOT. Representative projects designed and managed by Mr. 0"` Skipwith include: • Andrew Brown Junior Community Park Hydraulic Study in Coppell,Texas,including permitting through FEMA 400. and the Corps of Engineers (404 permit); Project Awarded American Planning Association Award, e, "Enhancing Public Open Space." • Floodplain Study of Cedar Creek at the Dallas Zoo for the City of Dallas. /• • Erosion Control Study and Plan for the Old Stone Dam in Allen,Texas. • Stream Bank Erosion Control for three sites on Cottonwood Creek in Richardson,Texas. �• • Joint flood plain management study of White Rock Creek for the Cities of Plano and Dallas, covering over 60 miles Askof stream, culminating in a recommended plan which balances flood control with open space amenities. • Flood Plain Management Plan for Lower Fivemile Creek,Dallas,Texas. ... • City-Wide Storm Water Management Study for 25 miles of streams and specific flooding sites in Coppell,Texas, for the City of Coppell. • Stream Stability and Storm Water Master Plan for Bentle Branch in Duncanville and Cedar Hill. • Analyzed and predicted water quality parameters such as DO,BOD,phosphorus and nitrogen for the Trinity River Town Lake project for the City of Dallas. Aft Everett Spaeth, AIA, LEED Role on Project: Architecture Education: Bachelor of Architecture - Texas Tech University Mr. Spaeth joined Halff Associates in 1996,bringing 25 years of experience. Everett has managed building design, urban design and planning on a wide variety of projects. He has a high degree of knowledge and understanding of design in urban environments. Representative experience includes: • Coppell Town Center, Coppell,Texas -Design of a five-acre plaza and park to be a focal point and connect the Town Center,Justice Center, Fire Station, Elementary School and YMCA buildings in a way to form a significant urban space for Coppell. Significant architectural features include plaza paving, clock tower, shade Statement of Qualifications - Founders Park Improvements structures and restroom facilities. The Town Center design is a collaborative design effort of Halff s architects, landscape architects,planners and civil engineers. 0" • Parr Park Restroom Facility,Grapevine,Texas—Project Manager for a 988 sf restroom and storage facility for the Grapevine, Parks and Recreation Department. '' • Pelham Park,Bowie,Texas-Project Manager on seven building park complex,including a 2,000 sf bathhouse, 5,000 sf picnic pavilion, and a 400 sf amphitheater. • Texas Tech University Student Recreation Center,Lubbock,Texas: Team Architect for a 126,000 sf oy., recreation center designed to provide space for basketball,volleyball, tennis,weight training, golf, archery, gymnastics, racquetball and squash. • Cotton Bowl Team Room Renovations,Dallas,Texas-Project Manager on renovation of two 4,500 sf locker team rooms. Lockers serve needs of Dallas-born soccer team, SMU football teams,and other special athletic 0" functions. oub' Dianne Popken, PE Role on Project: Lighting and Electrical eik Education: Bachelor of Science, Mechanical Engineering - Lamar University '� Diane has more than 37 years of experience in lighting, and electrical design, engineering, and MEP project management on commercial, municipal, and institutional building systems. Representative projects include: • Northwest Community Park, Belton,Texas—Electrical Engineer of Record for the 6,000 sf rest room,pavilion and concession stand building with baseball fields, parking, and site lighting. • White Wings Baseball Field, Harlingen,Texas -Engineer of Record for the electrical design of renovations to existing facility including field lighting,new concession stands,lockers and office building. • City of Grapevine—New Parr Park restroom building. • Renner Road,Richardson,Texas-Electrical Engineer of Record for Trail lighting on UM Trail along Renner Road west of Custer Parkway. Specified the city's standard fixture type with house side shields to limit light encroachment on residential property. Located fixtures with respect to the existing meandering sidewalk,sculptured landscape and retaining walls. Calculated the resultant light levels along the walkway,taking into consideration the existing street lighting to create a safe environment for pedestrians. • Bridge Lighting, Flower Mound,Texas - Engineer of Record to provide street lighting fixtures and power for �► two existing bridges. Site observations were made to confirm existing bridge construction and related street lightiR and landscape irrigation design. The new electrical service and meter was coordinated with the utility company. TI �.. structural design of existing lighting fixture bases was confirmed by the structural engineer. Plans and specification described the electrical work necessary to complete the bridge lighting construction. "'silk • TxDOT Safety Rest Stop on IH 40 Eastbound Near Amarillo,Texas—MEP Project Manager and Electrical Engineer of Record on a new roadside hospitality facility with restrooms,picnic pavilions,playground, and lighted parking for RV's and 50 trucks. Route 66 deco style architecture provided opportunities for design of special exterior walkway lighting, landscape lighting, and cold cathode building accents. Interior design used direct,indirec and decorative lighting. Power requirements included emergency generator sized to support life safety lighting, security and alarm systems as well as water well and sanitary process equipment. Cohn Henry, PE, RPLS Role on Project: Surveying 0"` Education: Bachelor of Science/Civil Engineering - Texas ABM University Pk Mr. Henry is a Registered Professional Engineer and a Registered Professional Land Surveyor. He has over 21 years of experience. His experience includes industrial,municipal and residential development projects. He has designed and supervised the construction of paving, drainage, sanitary sewer,water, electrical and communication duct banks, and railroad and earthwork type development projects. He has extensive surveying experience with boundary, improvement and topographic surveys, and surveys for design. Representative projects include II Statement of Qualifications - Pounders Park Improvements • Dallas Water Utilities/Dallas Park and Recreation,Dallas,Texas—Project surveyor for surveying work in the acquisition of a 223 acre tract of land for the Elm Fork of the Trinity River pre-sedimentation project for the Elm Fork Water Treatment Plant. Project surveyor for the Elm Fork Athletic Complex consisting of six separate tracts of land with a contiguous acreage of 139.88 acres. Boundary surveys were prepared for review and approval by City of Dallas. • Natural Resource Conservation Service—Project Manager for surveying work in the creation of wetland ork reserves for wildlife habitat. Supervised the preparation of boundary surveys of private land located in six counties in Texas. Determined the boundary lines for two tracts in Hopkins County, one tract in Fannin County, one tract in Titus County,one tract in Navarro County,one tract in Van Zandt County,and one tract in Haskell County. These surveys varied in size from 20 acres to over 700 acres. • The Golf Club at Fossil Creek,Fort Worth,Texas- Coordination of GPS and field work for determination and e► preparation of 218 acre boundary survey of 18 hole Championship Golf Course. • Bright Ranch, Hebron,Texas- Coordination of GPS and field work for determination and preparation of 966 acre boundary survey of a portion of the Bright Ranch. Jim Carrillo, ASLA, AICP Role on Project: Public Involvement Education: Bachelor of Science/Landscape Architecture - Texas A$M University Mr. Carrillo is Halff Associates' Director of Planning, and has an extensive background in park planning, long-range master planning,urban design, and site development. Jim is fluently bilingual in Spanish and English, and easily " communicates technical project information and builds public trust and credibility for the projects on which he works. He has organized and moderated public meetings, facilitated public workshops, and assisted in the development of citizens' satisfaction surveys, comment cards, fact sheets,brochures, and press releases. Representative experience includes: • Portland Parks and Open Space Master Plan, Portland,Texas—Project Manager and Lead Planner for r► preparing Portland's first parks master plan. The plan included an assessment of existing facilities,public input, and the development of recommendations for future park improvements. " • Cedar Park Parks Master Plan Update—Project Manager for updating the Parks Master Plan for the city. The plan included extensive public input and recommendations for future park improvements. oft• • Mansfield Parks Master Plan, Mansfield,Texas—Preparation of a city-wide park and recreation master plan for one of the fastest growingcities in Texas. Theplan recommended that the cityfocus on neighborhood g based park facilities, as well the development of a citywide aquatics' facility. Extensive public involvement and working sessions with the Parks Development Corporation were included to gain citizen input. • Cole Park Master Plan, Corpus Christi,Texas—Project Manager for preparing a concept master plan for #1"'` one of the most visible parks in Corpus Christi. The plan included extensive public input, sighting a proposed skate park, adding new amenities in the park, and developing costs for the proposed improvements. 0.► Hattie Peterson Role on Project: Public Involvement 011'' Education: Bachelor of Science /Business Administration, Brigham Young University Hattie Peterson has worked extensively in the Architectural/ Engineering, environmental and academic arena, providing services in writing, editing and public relations to private and public entities. Ms. Peterson has planned or` and implemented the public information/involvement effort for various public entities throughout Texas. Her experience also includes extensive experience in public speaking and training, as well as development of notification programs and media relations programs for non-profit,municipal, and private entities. Representative experience includes: • Open Space Master Plan, Rowlett,Texas-Public involvement coordinator for Rowlett's Open Space Master Plan. Services included development of public meetings to present project updates and to gain citizen input on ,�, � 12 Statement of Qualifications - Pounders Park Improvements amenities and park uses desired. Also included was coordination with local media and the city to increase public awareness and increase public input into the plan. 0` • Bentle Branch Stream Stabilization and Erosion Control Study, Duncanville and Cedar Hill,Texas - Public involvement manager for the planning and implementation of a series of public meetings regarding a stream stabilization and erosion control study for the cities of Duncanville and Cedar Hill. Public involvement services for this project included the preparation of meeting notices and follow-up mailings.A project website was developed to inform the citizens and allow for immediate feedback of questionnaires and public meetings. r` • Highlands Creek Erosion Control, Carrollton,Texas -Provided planning and publication design assistance to Carrollton for a series of public meetings regarding the planned channel improvements to Highlands Creek. Public involvement services for this project included the preparation of meeting notices and follow-up mailings,generation of exhibits and technical information for the meetings,and the design of comment cards and other avenues for the local residents to provide input on this important decision. A project website was developed to inform the citizens and allow for immediate feedback of questionnaires and public meetings. D. List of all related design awards and recognition that the firm or key team members of the firm have received Park, Trail, and Recreational Projects Awards Central Texas Section American Planning Association Innovative Planning Award,2005 For Round Rock Trails Master Plan- Dallas Urban Design Award,City of Dallas Urban Design Advisory Committee For White Rock Hike&Bike Trail, Dallas Dallas Urban Design Award,City of Dallas Urban Design Advisory Committee For Dallas County Trails Plan and White Rock Hike&Bike Trail, Dallas Comprehensive Planning Award,American Planning Association (Texas Chapter) For Dallas County Trails Plan, Dallas Texas Recreation& Park Society Excellence in Planning Award For Six Cities Trail Plan(Allen, Frisco,Garland,McKinney, Plano and Richardson) Texas American Planning Association Current Planning Award For Six Cities Trail Plan Texas American Society of Landscape Architects Merit Award For Six Cities Trail Plan Greater Dallas Planning Council Planning Award For Six Cities Trail Plan Innovations in Park Design Award,Texas Recreational and Park Society For Casey's Clubhouse,Grapevine 13 SECTION IV Statement of Qualifications - Pounders Park Improvements Section IV: Financial and Le-al Status: r. A. Describe the general financial capability of the Respondent and attach a current financial statement and balance sheet Halff Associates has been in continuous operation since 1950. During that time we have expanded both our po., services and office locations in a prudent and conservative manner. Halff Associates maintains a Dun and Bradstreet(D&B) rating of 3A1. This is the highest rating available for a firm our size. Halff Associates has no bankruptcies, judgments,negative payment experience or payments placed for collection. We invite you to contact the following banking reference that can speak to our financial stability. ,r Mr. Brian McDougal Vice President r'` JP Morgan Chase Bank 2200 Ross Avenue, 5th Floor °II' Dallas,Texas 75201 (214) 965-3849 eft 0" Our most recent financial statement is provided at the end of this section. B. List any actions taken by any regulatory agency against or involving the firm or its agents or employees with respect to any work performed. Halff Associates is proud of the fact that we have not,nor have our agents or employees, ever been involved in any action brought by any regulatory agency. C. List all litigation against or involving the firm or its agents or employees with respect to any work performed. >^ In this era of increased litigiousness it would be extremely rare for any consulting engineering firm of similar size and varied expertise to not have been involved with allegations related to the performance of professional services. With this in mind,it is Halffs desire to provide responses that meet the intent,as well as the spirit, of the questions �., posed. While Halff has never been found or adjudged guilty or liable in any civil litigation,we have been involved in civil litigation at different points throughout our history. The following circumstances are considered confidential 0" but in response to the questions presented Halff presents this litigation history for your use. Year I Client Name I Nature of Litigation I Outcome Pb 6 Port of Failure of temporary 1 "' `e r ;,.g from construction Settled ami .,,. Oranges contractor's over excavation/overdredging of slip. benefit of all parties. 1997 Balsam() Olsen I lindu Temple- Al Kalman- If additional information is Settled amicably to needed contact Dan Tanksley benefit of all_parties. 1997 City of Study- Separation plan and elevated storage tank Settled amicably to exas benefit of all parties. 1997 Trammell Environmental remediation project. Historical Summary Judgment in Crow contamination discovered after project halted. favor of Halff and Corn any other defendants 2000 Dr. Srephen Landscaping wall allegedly improperly located. Verdict in favor of Falk Halff and other defendants 2002 Frisco Bible Offsite drainage entering onto client property resulting Settled amicably to Church from offsite construction and failure of offsite activities benefit of all parties. to follow appropriate procedures. 14 Statement of Qualifications - Founders Park Improvements Year Client Name Nature of Liti-ation I_ Outcome 2003 M &Crow Foundation movement of structure after construction Half assisting client and occupancy. Halff did not perform geotechnical and owner with civil services. Halff role was limited and consisted of design modifications._.. performing site civil design services. However, anyone necessary for resolving even remotely associated with the project was named in construction the lawsuit. It is apparent that the owner retained deficiencies. consultant and owner's construction contractor failed to csfigitaict in acccidance with construction documents. 2004 Mata Villareal MEP issues pertaining to grease trap/sand trap. No Settled for minimal Design Group blame placed upon Halff. nuisance value and Halff released with prejudice. 2005 San Benito ISD Miscellaneous claims against wide variety of service Halff nonsuited. materialmen. 2005 Trammell Foundation movement of structure after construction Halff and other Crow and occupancy. Halff did not perform geotechnical defendants are Company services. Half role was limited and consisted of working with Plaintiff performing site civil design services. However, anyone to achieve a reasonable even remotely associated with the project was named in and modest settlement the lawsuit. It is apparent that the owner retained of this dispute. Halffs consultant and owner's construction contractor failed to contribution,if any, construct in accordance with construction documents. will be for nuisance value only and not as an admission of wrongdoing. D. All insurance coverage that the firm has which would be applicable to the work Category Coverage Policy Information Professional Liability $,5,000,000 Expires 7/09/2006 Worker's Compensation Statutory Limits Expires 7/12/2006 Employer's Liability $1,000,000 per accident Expires 7/12/2006 $1,000,000 disease—each employee Automobile Liability $1,000,000 Combined Single Limit— Expires 7/12/2006 f., each accident General Liability $1,000,000 Commercial General Expires 7/12/2006 Liabili Contact Information: The Bell \gc nc), I tic. 16980 Dallas Parkway Dallas, Texas 75248 Tom Ashley- (972) 255-2355 osi• E. Jurisdictions in which your organization's partnership or trade name is filed Halff Associates' trade name is registered with the United States Patent and Trademark Office as a Service Mark r'' under registration number 2360061. As such, the Halff Associates trade name and service mark are registered in the United States of America as well as all U.S. states, territories, commonwealths and other jurisdictions under the control of the U.S. r., � 15 Statement of Qualifications - Founders Park Improvements F. Jurisdictions and trade categories in which your organization is legally qualified to do business Halff Associates'professional services fall under three U.S. Department of Labor Standard Industrial Classification r" (SIC) Codes. These services all fall under Division I: Services and Major Group 87: Engineering,Accounting, Research, Management and Related Services. The Industry Group for Halff Associates' services is 871: Engineering, Architectural and Surveying. The specific SIC Codes covering Halff Associates services are: 8711: 11" Engineering Services; 8712: Architectural Services; and 8713: Surveying Services. The jurisdictions in which Half Associates is legally qualified to do business includes those states in which Half is currently registered as a business to practice. These states include: Texas,New Mexico,Louisiana, Oklahoma, Arkansas, Missouri and Kansas. Although the list provided above includes only those states in which our firm, Halff Associates,is currently registered to conduct business, our professional staff holds a wide variety of e► professional registrations (engineering, architecture, surveying,geologists) in numerous states. Prak /...k IF] I 6 HALFF ASSOCIATES, INC. SCHEDULE VIII - STATEMENT OF OPERATIONS (PARENT ONLY) FOR THE YEAR ENDED DECEMBER 31, 2005 Confidential Engineering Amount Fees Engineering Fees $ 50,469,425 100.00 Less direct cost of services Production salaries 14,654,026 29.03 Other direct costs (Schedule XI) 6,582,874 13.04 21,236,900 42.07 Gross Operating Income 29,232,525 57.93 Operating Expenses Overhead on direct labor (Schedule XII) 12,304,231 24.38 General and administrative expenses (Schedule XIII) 7,852,221 15.56 Facilities and equipment (Schedule XIV) 5,339,615 10.58 Other general and administrative expenses (Schedule XV) 1,865,820 3.70 27,361,887 54.22 Net operating income 1,870,638 3.71 Non-operating income (Schedule XVI) 285,381 0.56 Net income before provision for income taxes 2,156,019 4.27 Provision for Federal income taxes (736,812) (1.46) State income tax benefit 9,806 0.02 Net Income $ 1,429,013 2.83 Confidential SECTION V Statement of Qualifications - Founders Park Improvements Section V: Experience and References .0., A. Discussion of firm's experience in working with government agencies. Halff Associates has extensive working with Federal, state and local government agencies. Currently work for r► government agencies represents approximately 60% of the firm's revenue. Our extensive amount of work with government agencies has made us good stewards of the public's money and we constantly strive to provide designs " that are cost effective and provide good value to the public. At the Federal level, Halff Associates has worked for or is currently working for the Department of Homeland A„ Security and the Corps of Engineers;at the state level for the state of Texas, the Texas Department of Transportation,Texas Department of Criminal Justice, and Texas Youth Commission, counties such as Dallas, e. Collin, Denton,Travis and Bexar County, and numerous municipal clients such as: • City of Abilene • City of Alamo • City of Allen • City of Alvin A., • City of Arlington • City of Austin • City of Balcones Heights • City of Baytown • City of Bedford • City of Brownsville • City of Bryan • City of Burleson " • City of Cameron • City of Carrollton • City of Cedar Hill • City of Cleburne • City of Colleyville • City of The Colony • City of Corpus City • City of Corsicana • City of Dallas • City of Donna • City of Duncanville City• Eagle of Ea le Pass • City of El Paso • City of Fairview • City of Farmers Branch City of Flower Mound " • City of Friendswood • City of Frisco • City of Fort Worth • City of Garland • City of Grand Prairie • City of Grapevine • City of Hidalgo • City of Houston r'" • City of Hurst • City of Irving • City of Johnson City • City of Killeen • City of Kyle • Lake Jackson • City of Lancaster • City of La Porte • City of League City • City of Lewisville • City of Mansfield • City of McAllen ,^ • City of McKinney • City of Mesquite • City of Murphy • City of New Braunfels 0" • City of Odessa • City of Palmer • City of Pasedena • City of Pharr • City of Plano • City of Port Isabel • City of Portland • City of Progresso • City of Richardson • City of North Richland • City of Round Rock • City of Rowlett Hills • City of San Antonio • City of Seabrook • City of Seagoville • City of Southlake _ • City of South Padre • City of Sugarland • City of Wichita Falls • City of Waco • City of Taylor • City of West Tawakoni 0" 0" 0" r. e.. Statement of Qualifications - Founders Park Improvements e- B. List of all comparable municipal Projects, whether ongoing or completed, including references. Please begin with projects in Texas. eft- Championship harlingen Championship Soccer Complex, harlingen, TX /" Short description of the project:Halff prepared a Master Plan layout and design for a 15 to 17 field premier soccer complex on an 80-acre tract of land owned by the City of Harlingen. The layout includes a championship caliber " lighted field with stadium type bleacher seating, and a holding lake for irrigation water. A'' Year Completed: 2004 """"'°" Contact- Owner and Project Manager: "� Name: City of Harlingen, Jeff Lyssyneeilat Address: 900 Fair Park Boulevard _ �' Harlingen, Texas 7855 I l j E Phone: (956) 427-8873 ` i ,. � 0"' General Contractor and Engineers: N/A Name: N/A i 1 's i I ow Address: N/A r w.Iw It Phone N/A , Design Cost: $8,000 , Construction Cost: N/A In Budget: Yes 1 Construction time: N/A Completed on time: Yes HARLINGEN CHAMPIONSHIP SOCCER COMPLEX il Northwest Community Park City of Belton and Belton ISD, Belton, Texas Year Completed: 2000 Short Description of Project: Halff Associates designed Northwest /` Contact- Owner and Project Manager: Community Park for the City of Belton. Name: City of Belton, Sam Listi si" Address: 333 East Avenue A, Belton, For the 35-acre park, Halff designed lighted softball fields with a Texas 765 13 concession / restroom complex, soccer fields, an in-line hockey Phone: (254) 933-5800 rink, a sand volleyball court, a multi-sport court, a children's General Contractor and Engineers: playground,an outdoor amphitheater,parking facilities, a surface et` Name: N/A runoff detention pond, and more than a mile of trails linking the Address: N/A various park amenities. O Phone N/A Park landscaping '" ; Design Cost: 65,000 includes a xeriscape •T �r`, r. Construction Cost: $I ,000,000 _ ft In Budget: Yes garden an a -I( I y ��' Construction time: N/A wildscape area 3 ; r \ • Completed on time: Yes intentionally designed to , ;t �` foster wildlife habitat. ` Thi • s park is funded by a matching grant from the Texas Parks and �� �- Wildlife Department. �. � 18 Statement of Qualifications - Founders Park Improvements West Rowlett Creek hike and hike Trail k Frisco, Texas Year Completed: 2005 = li ,0,... Contact- Owner and Project Manager: 'r - Name: City of Frisco, Dudley Raymond � ,�. Address: 6726 Walnut Street " ' �'�"' s � ' Phone: (972) 335 5565 r'1i -.R• O.. General Contractor and Engineers: Dean ,," l` j -' Construction = I i I . ��,.. ,,, , 0.. Name: Don Dean = , Address: N/A • i� u141) -- Phone: N/A = i I I — I J Design Cost: $I , 150,000 ; ' , ew Construction Cost: $I ,200,000 In Budget: Design/Scope Additions Short Description of Project: Y r- .► Construction time: On Time West Rowlett Creek��e Trail is a I WEST ROWLETT CREEK very important link of the SIX HIKE AND BIKE TRAIL Cities Trail Master Plan that will connect Plano, Garland,Richardson, Frisco, Allen, and McKinney. The trail corridor depicted for West Rowlett Creek Trail has a direct connection to the City of Plano in joining the two cities together. More importantly,it is part of the progressive planning efforts of the ". Trinity Trail System(formerly the Dalhoma Trail) that will travel from Dallas to the state line of Oklahoma. This project is the first piece of an extensive hike and bike trail system for the city,and will extend deep into the heart of " Frisco. The approximate trail length designed by Innen of tie m M - 0174 [ W2 " /44 , , ..,.:,,,,,,,,...-.....-„,,,,..,. -----..,.. Halff Associates,Inc. for this phase is " 1.2 miles,and was administered by the Federal Highway Administration ""'"':`•r'""n _ _F R i s c o r _ r* (FHWA) Design Guidelines. The trail )FR I S CO •••..: - E` `begins at Rolater Drive and travels south ` ". to SH 121 where it terminates. This +, —.It. "g-'' artery will connect a future elementary and high school,proposed Community Park,and an existing community/recreational center. Two trailheads and trailside amenities such as "Trail Theming", signage,overlooks,rest ". areas,and educational interpretative signage are part of the planning and design efforts of West Rowlett Creek Trail. Mustang Park '''' Murphy, Texas #.4 Year Completed: 2002 Short Description of Project: Halff Associates Contact Owner and Project Manager: provided the master plan and design of this five acre !' ir/i'c° Name: City of Murphy, Penny Cook neighborhood park. The project included design, Address: 205 North Murphy Road bidding and construction administration. Murphy, Texas 75094 Halff Associates was challenged by the Phone: (972) 424-602 I rapidly growing city of Murphy to design ` General Contractor and Engineers: the city's first neighborhood park. This co- . 'r Name: Perma Systems Five Acre park, later to be named *'_ '^ Address: N/A Mustang Park,would be the "flagship" Phone: /A oriik design to be incorporated throughout the lir Design Cost: 40,000 Construction Cost: $450,000 city. Unique design details are incorporated throughout the park's key 'P" In Budget: Yes components such as:playground equipment, site furnishings, and a Construction time: 8 months custom park entry feature. Additional park elements included extensive ifihk Completed on time: Yes walking trails,picnic pavilion,basketball court,and extensive landscape and irrigation. 1 1 9 e", Statement of Qualifications - Pounders Park Improvements 01., Sugar Mill Park Sugarland, Texas e" Short Description of Project: . 'A ^„: Year Completed: 2003 This park in the City of ` . e"^ Contact- Owner and Project Manager: Sugarland is being Name: City of Sugarland, Joe Chesser modernized and remodeled � ;',, #0", Address: 200 Matlage Way, Sugarland, V'U.lr*w.l1 Texas 77487 O I 10 in spring 2002. Halff �` Phone: (28 I) 275-2889 Associates prepared designs, �1. , i_ „ { General Contractor and Engineers: plans and cost estimates for 9 I" Name: N/A a new playground unit, Address: N/A about 1/4 mile of extended I 1 emk Phone: N/A hike and bike trails, some new picnicr Design Cost: $30,000 areas,new landscaping and grading, r' T /` Construction Cost: $320,000 additional lighting,irrigation and on-site rt- In Budget: Yes parking. The challenging part about this i" Construction time: 4 Months Completed on time: Yes neighborhood park was the large e., amount of existing trees,which were taken into account for the location of Ow the playground for shade as well as for the picnic areas. The whole project layout is geared towards an improvement of current drainage issues with only a minimum impact on all existing vegetation. Rowlett Parks Master Plan Rowlett, TX - Year Completed: 2004 Short Description of Contact- Owner and Project Manager: Project: Halff !" Name: City of Rowlett, Craig Owens Associates prepared the Address: P.O. Box 99, Rowlett, Texas City of Rowlett's 2004 I' ' l .0► 75030 Parks and Open Space Phone: (972) 4 12-6 100 Master Plan. The - General Contractor and Engineers: purpose of this masterNa Namress N/A A plan was to address e" Phone: N/A open space Design Cost: $65,000 conservation,park . a-�. `e r. ,-10,-- ' . h 4 Construction Cost: $1 ,500,000 development and trail In Budget: N/A linkages. ,,` Construction time: N/A ... A.. For the City of Rowlett, r Completed on time: Yeslet, open space may be , ,� defined as varied as: views on the surrounding Lake Ray Hubbard; nature preserves that " require the minimum human intervention; neighborhood parks with facilities such as playgrounds and basketball half courts; community parks � N , r. .: with athletic fields,practice fields etc.; and hike and bike trails that _ 1 provide linkages between open spaces and destination points of special interest. e'' The master plan focused on the programming and development of the parks and trail linkages within the City of Rowlett. The plan included a detailed analysis of the city's existing parks, as well as recommendations w e,, for park development. The plan focused on Key Trail Corridors that - would provide linkages to the Lake Ray Hubbard and to Muddy Creek �• Nature Preserve. PARKS &TRAILS MASTER PLAN t ,, r20 Statement of Qualifications - Founders Park Improvements _ five Mile Dam Park hays County Texas f � Year Completed: Ongoing , ' -, ..., Contact- Owner and Project Manager: '` Name: hays County, Richard Salmon -� r — Address: I I I E. San Antonio St., Ste - 303, San Marcos, Texas 78666 """` 4 4� Y �Ky ': ,.. Phone: (5 I 2) 393 2209 MP - General Contractor and Engineers: -- f A.. Name: Not Available -\ '`<A,,;,- Address: N/A - __ Phone: N/A Y t�.c t f "�.` ' 3 Design Cost: $140,000 p �- Construction Cost: $4,000,000 ',,,;ti-_ e, In Budget: Yes ( r 44 �'^'b':. -11F � .1 �• Construction time: N/A _ /� - qF"` %,r Completed on time: Yes , s r , .K i Short Description of Project: Half . 4 4 + a ., t , Associates prepared the master plan $£, "..4 0: ' ` }? -' - 4 ''f for an 80 acre regional park that will =- _ _` ,. i • ONAFT FINAL CONCEPT provide championship soccer Fu, —WHILE EIPsIvl PARK #1,. facilities for the southern portion of Hays County and Central Texas. The park includes 10 soccer fields and a new concession restroom building that will be elevated above flood levels and that will include large viewing decks. The park will provide improved access to the existing dam, and will add picnic areas, fishing facilities and new canoe launches. The park is financed in part with Texas Parks and Wildlife grant funds. C. List of all projects currently under contract. "A'" Below is a current list of our ongoing projects. INN Pro ect City of North Richland Hills - NRH Parks Master Plan Sandler Southwest- Summit Park- McKinney ISTF Town of Flower Mound- Streetscapc City of Lancaster- NCTCOG & STEP Funding Grants C01 - Lake Lewisville Planning and Design City of Mansfield-Walnut Creek LP - Const. Admn. City of Prosper-Prosper Parks Master Plan City of Frisco - Hunters Creek Park Constr City of Waxahachie - Waxahachie Parks Master Plan City of Dallas _Buckner Blvd. Streetscape City of Coppell- Coppell Town Center City of Lancaster- Parks, Trails, Open Space Master Plan City of Dallas - Valley View Park City of Dallas - Dallas Zoo Improvements I Ialtom City - Little Fossil Creek Ilike and Bike Lewisville - Timber Creek Trail i.I 2 1 Statement of Qualifications - Founders Park Improvements List of ten ( I 0) government references Name Phone Number I . Shelly Lanners (8 17) 473- 1943 Dir. of Parks and Recreation City of Mansfield 2. Craig Owens (972) 4 12-6 148 AA. City Manager City of Rowlett 3. Dudley Raymond 972 335-5555 Asst. Dir. of Parks and Recreation A. City of Frisco �. 4. Brian Bristow (2 14) 509-47 I I Landscape Architect City of Allen 5. Steve Meadors (972) 29 I -5 130 Dir. of Parks and Recreation City of Cedar hill G. Doug Cox 972) 434- 1667 Operations Manager USAGE Elm Fork Office, Lake Lewisville 7. Gary Sims (972) 227-G975 Dir. of Parks and Recreation City of Lancaster 8. Kristine A. Ondrias, CPRP (409) 949-3030 Director of Recreation and Tourism City of Texas City 9. Richard Garcia (9 15) 54 I -4 139 Parks and Recreation City of El Paso 10. Skip Keller (956) 542-2064 Director of Parks and Recreation City of Brownsville ^ ^ ... � I 2 2 SECTION VI elk Statement of Qualifications - Pounders Park Improvements eft 0.. Section VI: Mana•ement and Or•anizational A••roach A. Please describe your firm's understanding of the project The City of Wylie Parks &Recreation Departments maintains one of the fastest growing 0.,,, parks systems in the Dallas-Fort Worth Metroplex. In 2003, the Wylie City Council approved the Parks and Open Space Master Plan to serve as a blueprint for their city's park system ow development. The Parks Master Plan recognized a growing need for sport recreation facilities and identified Founders Park along with the development of other parks to handle their 0'' future needs. This 65 acre park located at FM 544 and FM 1378 (Country Club Road),just behind Pirate Stadium at Wylie High School is relatively flat with large stands of trees to the north and east, corn fields to the west and residential to the north. Founders Park currently has 2 lighted baseball/softball fields and 5 lighted soccer/football fields, 8 tennis courts which are shared between the ISD and City, a wooden playground area and a ropes/obstacle course. o. Current parking is shared between the ISD football stadium during non-use. B. Describe how the firm will organize to perform the services el" The team that we presented in our organizational chart is prepared to begin work immediately. (' Each team member is a specialist who is prepared to bring their expertise to this project. • Team members understand Halff s approach to park design. r► Collaborate: First,we propose a collaborative design effort. Lenny Hughes,RLA will lead a team of Halff Associates'landscape architects, architects, civil and electrical engineers charged with the responsibility of developing " the park improvements design. This approach provides the City of Wylie with the creative skills of one of the leading planning and landscape architecture firms in Texas. Halff Associates achieved a statewide reputation for excellence in '^ neighborhood park planning and design, demonstrated by a number of local and state awards for their work. eft, Engage: Second,we consider the City of Wylie and its citizens active members of our team. This is especially important during the early stages of work when it is imperative for us to glean as much as possible about the e► collective vision of the people. In addition, to interview and participate in preliminary meetings with the Parks Board and City staff,we propose that presentations be interactive and dynamic. We see ourselves participating in these ow meetings not only to share our ideas, but to listen to the needs and wishes of those who will remain after we have completed our work. • Plan: Third,we believe that creating successful park design is a process that involves a thorough site analysis, • understanding the program and good design. Site analysis: An analysis of the existing conditions of the site is essential in order to ensure the correct decisions are made at each phase of the design process. We will describe the unique site qualities, both natural and man made as well as the psychological essence of the site, also referred to as the"sense of place." We will also describe undesirable conditions or views. This will inform us of both the opportunities and constraints posed by the site. Understanding the Program: The specific needs of the Wylie community have set forth the program for Founders Park. Through presentations and meetings we will listen and learn more about the required facilities. We will confirm e," our understanding of the community's needs through illustrative sketches and images. We will find solutions to opposing ideas and work diligently towards consensus. Design: Good design is about the park's image and the manner in which the park is approached, entered and experienced including signage to direct,inform and educate the park visitor. Such a design should not only consider A'b' the specific parcel of land but also the context of the site and the manner in which it connects with the surrounding community through appropriately conceived entries and gateways. We will employ our creativity and innovation to eik develop a unique design for the park site. In fact we believe in a`Big Idea" for each park that we design. To be effective,we believe this "Big Idea" should have the following characteristics: • It should be easily understood and appreciated by all park users. e` • It should comprehensively integrate all qualities of the site. • It should respond to recreational, environmental sensitivity and constraints of the site. • Most importantly,it should be reasonable, achievable and affordable. 23 Statement of Qualifications - Founders Park Improvements C. Procedures for assisting in the development of project scheduling, coordination of consultants, duality and cost control Half has developed and implements a Quality Assurance/Quality Control Program for tracking project scheduling, coordination of team members, and cost control that has been developed from years of experience gained working on numerous similarprojects. Throughout the project's duration,LennyHughes, Manager,will conduct quality g g � Projectg � q ty reviews and propose actions for resolution of any project issues. Communication throughout the project will be the key to implementing the quality control procedures. Examples of how communication will serve to implement the quality procedures include: • Team Meetings: Meetings with the team and the City of Wylie will be held to monitor progress and to address outstanding issues. These meetings minimize surprises and help to ensure the team is addressing critical issues. Minutes will be kept of the meetings and will be distributed to all parties,with a summary of the item discussed, proposed action,and responsible party. ow • Peer Review: As part of the development of the schedule,peer review points will be built into the schedule prior to all submittal points. These formal review periods are in addition to ongoing over the shoulder reviews. 0 "° • Quality Control Documentation: Peer review comments will be documented,evaluated and incorporated. All reports and other reviewed documents that are will be signed and dated by the reviewer and filed for future reference by the City of Wylie. Commitment to Quality and Timeliness: We have been executing park designs for many years throughout Texas. At Halff Associates, our landscape architects,architects, and engineers,work closely together, and our designs are well 00. conceived, functional, and usable. We are committed to delivering this project on time and within budget. Our project manager has successfully managed multiple projects similar in nature to this park improvement design project. We have developed a simple and functional management structure with the experience to provide technical i• quality and management responsiveness. Our structure,with a Project Manager supported by multiple professionals provides us the ability to execute multiple, simultaneous efforts. Our management structure is based upon the principles of envisioning, staffing,managing, and controlling the key aspects of each aspect of the project. 0,* • Vision: We begin by communicating the vision—too many designs are dry documents that do not promote enthusiasm. Our design is more than a document—it is a means to create a vision for the future of parks in Wylie eb" - one that builds on your accomplishments to date. • Managing: The project manager will develop the work plan with input from the City. During the development of the work plan, he will also mobilize his team. Our project manager will have a hands-on approach and be fully involved in the day-to-day activities of the project. • Controlling: For all milestone dates,we will develop a schedule utilizing MS Pr ject. Internal team meetings will �► be held throughout the duration of the contract to review progress on all tasks. • Commitment: We have the management in place to facilitate communication and ensure that the technical requirements of the assignment are met. D. Describe the firm's approach to communication with City personnel, and other specialty consultants: We believe that listening to the needs and wants of the Parks Board, City staff, City Council, other specialty e., consultants, and the public it represents is our foremost responsibility. Our Project Manager,Lenny Hughes, RLA will be available to the city of Wylie from the onset of the project. Once the job is underway, Lenny and the �► team will diligently keep the city informed on project issues such as the progress of work,budget matters, and coordination efforts. ea' Throughout the project,we will ask the city of Wylie for feedback on how we are doing: •Are we communicating well? • Are we developing and presenting creative ideas that can be implemented within the budget? •Are we listening 001, to your thoughts and ideas? •Are we responsive? •Are we meeting your needs? E. Approach to code analysis and jurisdictional approvals: Halff Associates has performed contract services similar to the design services as described in the Request for Qualifications. For these previous projects,we have r► complied with the local codes, laws and ordinances. If selected for this assignment, Halff Associates will work closely with City of Wylie staff to ensure an understanding as well as the diligent effort to comply with the City of Wylie's codes and jurisdictional laws and ordinances. r 24 a a mu !. lig M ti t l:,, .a °i i y 4 tl op...., , ,,,,,\ ".." NI, -- Halff Associates 8616 NORTHWEST PLAZA DRIVE DALLAS,TX 75225 tel:214.346.6200 fax:214.739.0095 http://www.halff.ci