AGENDA
FLOWER MOUND TOWN COUNCIL REGULAR MEETING; CRIME CONTROL AND PREVENTION DISTRICT SPECIAL MEETING
DECEMBER 17, 2012
FLOWER MOUND TOWN HALL, 2121 CROSS TIMBERS ROAD FLOWER MOUND, TEXAS
6:00 P.M.
************************************************************* An agenda information packet is available online at www.flower-mound.com/AgendaCenter ************************************************************* All pagers and cell phones must be turned off in the Council Chambers.
A. CALL BRIEFING SESSION TO ORDER
B. BRIEFING SESSION
1. Town Council Boards and Commissions Subcommittee/Liaison Reports 2. Discuss Consent and Regular Items 3. Request Future Agenda Items
C. ADJOURN BRIEFING SESSION
D. CALL MEETING TO ORDER
E. INVOCATION
F. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND TO THE TEXAS FLAG “Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” Pledges led by Webelos of Cub Scout Pack 62, the Dragon Den
G. PRESENTATIONS
1. Performance from Flower Mound High School choral ensembles 2. Arbor Day Proclamation 3. Certificate of Achievement, PostNet Flower Mound, Eric and Michele Diaz 4. Lewisville Independent School District (LISD) update by LISD Liaison Connie Smith
H. PUBLIC PARTICIPATION
Please fill out an "Appearance Before Town Council" form in order to address the Council and turn the form in prior to Public Participation, or by 6:10 p.m. to Town Secretary Theresa Scott. Speakers are normally limited to three minutes. Time limits can be adjusted by the Chair as to accommodate more or fewer speakers.
The purpose of this item is to allow the public an opportunity to address the Town Council on issues that are not the subject of a public hearing. Any item requiring a public hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "Public Hearing." Items that are the subject matter jurisdiction of the Town Council include Town policy and legislative issues. Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by calling Town Hall at 972-874- 6000 during business hours.
Town Council Meeting Agenda December 17, 2012 Page 2
I. ANNOUNCEMENTS This item allows members of the Town Council to make brief announcements relating to any of the following matters: (1) expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedules; (3) recognition of a public official, public employee, or a resident; (4) a reminder about an upcoming event organized or sponsored by the Town; (5) information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the Town; and (6) announcements involving an imminent threat to the public health and safety. Comments by Council Members on other matters are not permitted unless they have been timely placed on the agenda in advance of the Town Council meeting.
1. Announce recent and upcoming civic and social events.
J. TOWN MANAGER’S REPORT
1. Update and status report related to capital improvement projects, Santa Cops program, and River Hill traffic update.
K. CONSENT AGENDA - Consent Items This agenda consists of non-controversial or "housekeeping" items required by law. Items may be removed from the Consent Agenda by any Councilmember by making such request prior to a motion and vote on the Consent Agenda.
1. Consider approval of the minutes from a regular meeting of the Town Council held on December 3, 2012.
2. Consider approval of Change Order No. 1 for a contract reduction of $800.00; final acceptance of the Waketon Road 16-Inch Water Line project; authorization for final payment to Saber Development Corporation, in the amount of $4,210.50; and authorization for the Mayor to execute same on behalf of the Town.
3. Consider approval of Standards of Care for Youth Recreation Programs operated by the Town, in accordance with the Texas Human Resources Code - Section 42.041 and to adopt an ordinance providing for said Standards.
4. Consider approval of the 2012 Annual Report for the Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) in accordance with Chapter 311 of the Texas Tax Code.
5. Consider approval of an ordinance amending the Town of Flower Mound’s Annual Budget for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012, as adopted by Ordinance No. 52-11, and amended by Ordinance Nos. 63-11, 05-12, and 34-12, for adjustments to the General Fund, Utility Fund, and the General Debt Service Fund.
6. Town Council acting as the Board of Directors for the Town of Flower Mound Crime Control and Prevention District to consider approval of a resolution amending the Town of Flower Mound Crime Control and Prevention District budget for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012, as adopted by Resolution No. 26-11 and amended by Resolution No. 12-12.
Town Council Meeting Agenda December 17, 2012 Page 3
7. Consider approval of an agreement with Innovative Transportation Solutions, Inc., to provide professional transportation services in the amount of $75,000.00, and authorization for the Mayor to execute same on behalf of the Town.
8. Consider approval of the purchase of firefighter personal protective equipment, in the estimated annual amount of $50,000, from NAFECO Inc., through a City of Lewisville contract.
9. Agreement between the Treasury Law Enforcement Agencies, the Internal Revenue Service Criminal Investigations, and the Town of Flower Mound, allowing the Police Department to receive an equitable share of funds from asset seizures and forfeitures.
10. Consider approval of a Professional Services Agreement with Freese and Nichols, Inc., for facility and site planning services associated with the Town of Flower Mound Town Center Master Plan, in the amount of $92,029.00; and authorization for the Mayor to execute same on behalf of the Town.
11. Consider approval of the Competitive Sealed Proposal method to select a firm to construct the Operations and Maintenance Facility.
L. REGULAR ITEMS
12. Consider a request for a Development Plan (DP 05-12 - Waterford Park Estates Phase III) to develop a residential subdivision. The property is generally located south of FM 407 (Justin Road) and between Country Meadow Drive to the west and Morriss Road to the east. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its December 10, 2012, meeting.)
13. LDR 08-12 – Public Schools Public Hearing Public Hearing to consider a request to amend the Land Development Regulations (LDR 08-12) by amending the Town's SMARTGrowth Program by deleting Section 98-122, "Public Schools," from the Town's evaluation of the Adequate Public Facilities component of the Town's SMARTGrowth Program and further considering a corresponding amendment to the SMARTGrowth Implementation Manual to delete the "Public Schools" component from said manual, and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 4 to 2 at its December 10, 2012, meeting.)
14. Consider approval of Bid No. 2013-20-B, for the construction of the Upper Timber Creek Interceptor Phase I, to Wright Construction Company, Inc., in the amount of $1,232,056.50; and authorization for the Mayor to execute same on behalf of the Town.
Town Council Meeting Agenda December 17, 2012 Page 4
15. Consider approval of a Professional Services Agreement for monthly air monitoring by Modern Geosciences, LLC., in the amount of $144,000.00; and authorization for the Mayor to execute same on behalf of the Town.
16. Consider approval of the award of Best Value Bid No. 2013-2-A Municipal Grounds Maintenance to American Landscape Systems, Inc., at the unit prices bid, in the estimated annual amount of $150,000; and authorization for the Mayor to execute same on behalf of the Town.
17. Consider approval of Change Order No. 17 for a contract reduction of $225,822.31, final acceptance of the Morriss/Gerault Road, Phase 1 (FM 2499 to FM 407) project; authorization for final payment to Tiseo Paving Company, in the amount of $823,423.79; and authorization for the Mayor to execute same on behalf of the Town.
M. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS
1. Set Town Council Special meeting date for January 2013.
2. Discuss possible dates for Strategic Planning Session.
N. CLOSED MEETING
The Town Council to convene into a closed meeting pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.087, 551.072, 551.074, and 551.071 to discuss matters relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations as follows:
a. Discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto.
b. Discuss and consider economic development incentives.
c. Discuss and consider appointments to the Animal Services Board, Board of Adjustment, Oil and Gas Board of Appeals, Community Development Corporation, Environmental Conservation Commission, Parks, Arts and Library Services Board, Public Arts Committee, Planning & Zoning Commission, SMARTGrowth Commission, Tax Increment Reinvestment Zone Number One (TIRZ #1), and Transportation Commission.
d. Discuss and consider Presiding Judge, Alternate Judge, and addition of second Alternate Judge position.
e. Consultation with Town Attorney regarding legal issues relative to franchise agreement with utility provider and contract utilities.
Town Council Meeting Agenda December 17, 2012 Page 5
O. OPEN MEETING
The Town Council to convene into an open meeting pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.087, 551.072, 551.074, and 551.071 to discuss matters relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations as follows:
a. Discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto.
b. Discuss and consider economic development incentives.
c. Discuss and consider appointments to the Animal Services Board, Board of Adjustment, Oil and Gas Board of Appeals, Community Development Corporation, Environmental Conservation Commission, Parks, Arts and Library Services Board, Public Arts Committee, Planning & Zoning Commission, SMARTGrowth Commission, Tax Increment Reinvestment Zone Number One (TIRZ #1), and Transportation Commission.
d. Discuss and consider Presiding Judge, Alternate Judge, and addition of second Alternate Judge position.
e. Consultation with Town Attorney regarding legal issues relative to franchise agreement with utility provider and contract utilities.
P. ADJOURN MEETING
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall for the Town of Flower Mound, Texas, in a place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time: December 14, 2012, at 1:30 p.m., at least 72 hours prior to the scheduled time of said meeting.
Theresa Scott, Town Secretary
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in a closed meeting with its attorney and to receive legal advice regarding any item listed on this agenda. Further, the Texas Open Meetings Act, codified in Chapter 551 of the Texas Government Code, does not require an agenda posting where there is a gathering of a quorum of the Town Council at a social function unrelated to the public business that is conducted by the Town Council, or the attendance by a quorum of the Town Council at a regional, state or national convention or workshop, ceremonial event or press conference if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event or press conference. The Town Secretary’s Office may occasionally post agendas for social functions, conventions, workshops, ceremonial events or press conferences; however, there is no legal requirement to do so and in the event a social function, convention, workshop, ceremonial event or press conference is not posted by the Town Secretary’s Office, nothing shall preclude a quorum of the Town Council from gathering as long as “deliberations” within the meaning of the Texas Open Meetings Act do not occur.
The Flower Mound Town Hall and Council Chambers are wheelchair accessible. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting by contacting Theresa Scott, Town Secretary, at (972) 874-6076. Page 1 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 1 December 17, 2012
[ X] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Theresa Scott, Town Secretary
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Theresa Scott, Town Secretary
ITEM: Consider approval of the minutes from a regular meeting of the Town Council held on December 3, 2012.
[ ] Ordinance [ ] Resolution [X ] Motion [ ] Direction
I. SUMMARY:
The Town Council held a regular meeting on December 3, 2012.
II. BACKGROUND INFORMATION:
N/A
III. FISCAL IMPACT:
N/A
IV. LEGAL REVIEW:
N/A
V. ATTACHMENTS:
1. Draft minutes.
VI. RECOMMENDED MOTION OR ACTION:
Move to approve the minutes from a regular meeting of the Town Council held on December 3, 2012. Page 2 of 230 Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 3, 2012 BOOK 41 PAGE 1
THE FLOWER MOUND TOWN COUNCIL REGULAR MEETING HELD ON THE 3RD DAY OF DECEMBER, 2012, IN THE FLOWER MOUND TOWN HALL, LOCATED AT 2121 CROSS TIMBERS ROAD IN THE TOWN OF FLOWER MOUND, COUNTY OF DENTON, TEXAS AT 6:00 P.M.
The Town Council met in a regular meeting with the following members present:
Tom Hayden Mayor Kendra Stephenson Mayor Pro Tem Mark Wise Deputy Mayor Pro Tem Bryan Webb Councilmember Place 2 Steve Dixon Councilmember Place 4 Jean Levenick Councilmember Place 5 constituting a quorum with the following members of the Town Staff participating:
Theresa Scott Town Secretary Terrence Welch Town Attorney Kent Collins Assistant Town Manager Chuck Springer Interim Town Manager/Assistant Town Manager/CFO Gary Sims Executive Director of Community Services Doug Powell Executive Director of Development Services Jared Martin Environmental Review Analysis
A. CALL BRIEFING SESSION TO ORDER
Mayor Hayden called the briefing session to order at 6:03 p.m.
B. BRIEFING SESSION
1. Town Council Boards and Commissions Subcommittee/Liaison Reports
Mayor Pro Tem Stephenson reported that she and Deputy Mayor Pro Tem Wise, in addition to Town staff, met with representatives from the Lakeside DFW project.
2. Discuss Consent and Regular Items
No discussion.
3. Request Future Agenda Items
For the January 2013 Work Session Mayor Pro Tem Stephenson requested to have a discussion related to lessons learned scenarios regarding the Lakeside development, given there were some changes that came up in that project that would be helpful. For example, with the Mixed Use Ordinance and a review of processes in the interest of improving in those areas going forward.
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For the December 17th meeting Mayor Hayden requested to have a status update and discussion related to increased traffic on River Hill.
Mayor Hayden requested a police officer come forward at the next meeting to talk about the Santa Cops program.
C./D. ADJOURN BRIEFING SESSION AND CALL REGULAR MEETING TO ORDER
Mayor Hayden adjourned the briefing session and called the regular meeting to order at 6:05 p.m.
E. INVOCATION
Chaplain David Fredrickson gave the invocation.
F. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND THE TEXAS FLAG
Mayor Hayden led the pledges.
G. PRESENTATIONS
1. Voices of Flower Mound Christmas performance
The Voices of Flower Mound gave a brief performance which included two Christmas
songs.
2. Certificate of Achievement, Shadow Ridge Middle School Honor Winds
Mayor Hayden presented certificates of achievement to Band Directors, Chris Meredith and Alicia DeSoto along with School Principal, Gary Gibson.
3. Certificate of Achievement, Shadow Ridge Middle School Treble Choir
Mayor Hayden presented certificates of achievement to Choir Director, Lyn Zeller and 2011/12 Treble Choir members Nicole Giacomello, Hannah Gleason, Hannah Hyden, Brianna Mayon, Sarah Moore, Andrea Neal, Rachael Shelton, Henna Shirazi, and Kellie Wanhannen.
4. Receive update from the Development Process Review Committee and discuss and consider any action related thereto.
Si Simonson, Chairman of the Development Process Review Committee, gave a presentation of a survey conducted related to the Flood Plain Study.
His presentation is as follows:
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Mr. Simonson noted or reported the following: There was consensus by the committee to not pay for the study up front. A couple definitions were looked at to enhance the flood plain definitions themselves.
Stephenson: what is the logic behind Flower Mound having its own definition for a flood plain?
Mr. Collins responded that FEMA basically has a snapshot in time which captures the stream and existing conditions that exist at the time of the study, which doesn’t include all streams. So the idea of having a fully developed standard (and a lot of communities do regulate the fully developed standard), is that you have considered the full build-out condition. So you look at our land use map, assuming that all of the land up and down stream has been developed, that is the definition, so you don’t have a situation where someone comes in and develops and then downstream there are impacts that you didn’t account for. So it’s really kind of that future look that you are developing to that spread of the water today.
Simonson: no matter what we are recommending the developer still has to do that fully developed flow rate (considering the up and down stream flows). We didn’t see a lot of difference in that it’s FEMA or another definition as long it’s all considering the fully developed flow rates.
Collins: the 80 acres and the 2 foot of depth – that definition was established when the Town decided to do a Town-wide hydrology study so we had to have a definition of where a stream started - so the upper reaches of a stream. We worked with the consultant that we had on board to look at what the flows would look like under a 100 year rainfall event and what size of pipe would be necessary to carry that flow. And it’s a 6 foot diameter pipe to carry that flow. At the time that seemed like a reasonable definition, but we always said adopt that definition and if it seems that it is unreasonable or not working out to be the right definition, it can always be revisited. That is what the development process Page 9 of 230 Attachment 1
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review committee was recommending.
Hayden: What do our peers look at?
Collins: Some cities regulate the fully developed flood plain. The difference is some cities allow reclamation of the flood plain. The difference in Flower Mound is that “regulate” means do not touch and in those other cities that means maintain the water surface (no impacts), so they allow reclamation of that flood plain. But no matter where you are if you reclaim FEMA flood plain there is a federal process that is involved in doing that. And in a lot of the streams shown on the map, not only are they FEMA flood plain, but they are also waters of the U.S. To work in those streams you also have to get a Corp of Engineers Section 404 Permit. So there is a federal process that has to be gone through to develop within FEMA flood plain.
Hayden: I have heard from the development community that everyone else has one standard and Flower Mound has a totally different standard.
Simonson: A lot of them use the FEMA flood plain definition – a lot of them have some high red. Ours is different than any of the rest of them but there is not any standard definition in the eleven towns that were looked at. Ours is different based on that 80 and 2 foot.
Hayden: I would encourage us to see because I’ve heard that complaint numerous times that when you go from one community to another the definitions are not the same. Also, if someone is looking for an exception, what is the process?
Simonson: That is one of the recommendations that came from the committee is that Town staff (engineers) could come up with that recommendation – here’s the waivers, here’s the exceptions, here’s the process, and here’s the definition.
Stephenson: Didn’t we just have the Legends go through an exception process for building in the flood plain, so we do have an exception process on the books for building in the flood plain.
Collins: Yes, and that was Town Flood Plain, not FEMA in that case.
Simonson: I don’t know if it’s written down anywhere but something similar was done for the Lakeside District and the Riverwalk project.
Hayden: That’s an interesting point that it’s not written down somewhere – as I have also heard that the goal post keeps moving – “if I just knew where the goal post was established I could cross it”.
Simonson: That is our recommendation as well – defining those 3 – 4 things: what it is, what the exception process is, what are waiver criteria, and where do you go to do it.
Stephenson: It is written down though, correct - in the ordinances, because we’ve used it correct? Page 10 of 230 Attachment 1
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Collins: Yes, and it requires Town Council approval.
Dixon: Just a clarification to this and a question: if it is considered a Town flood plain there is an exception. What if it’s in the FEMA flood plain?
Collins: There is still an exception process and they would have to go through FEMA process to get a letter of map revision (LOMR).
Simonson: From what I understand that is a long process.
Collins: The LOMR process can be lengthy. The 404 permit process is a 2-year process in general.
Dixon: Si is correct in that the committee has talked about this for at least 4 – 6 meetings and did a lot of studying. At one of the meetings there was a review of the standards by which other cities defined the flood plain. The one thing that was overwhelmingly positive from the committee was to make sure that whatever the standard that Flower Mound did decide on (whether it’s the current one or making a change that was measured at the fully developed flows) - that is the protection. You don’t just take a snapshot of where we are today. You take your calculations using the land use of fully developed.
Stephenson: Kent, you stated earlier we traditionally interpreted this as we don’t touch the flood plain, where other communities have the goal to try and do the same thing that we are doing (fully developed flows), but they allow you to touch the flood plain. And we do, and there was feedback from the development community that they were not aware of that exception process. I don’t want us to redo something we’ve already had in place, however, haven’t been as forthcoming about its availability. That would be my recommendation – if there is some way we can make it easier for people to get to a reasonable exception, we have the mechanism available. It makes sense to me that instead of doing wholesale changes to ordinances we exercise the exception process.
Collins: The language is in our Ordinances. In the situation with the Legends, they provided detention within the limits of the Town flood plain so they did not build within the flood plain. They used that for detention and that is actually one of the strategies that the Town identified a few years ago – giving some credit for preserving the flood plain. The idea of detaining within Town flood plain was one of the items that was added to the Ordinances. They also addressed a drainage problem that existed in that area for a long time.
Simonson: we have another meeting tomorrow and we’re going to work through some things – talk more about when different things are due for developments and that matrix as to what does/doesn’t make sense. We have a final meeting of the year in two weeks from tomorrow and then back to Council in a few weeks.
Hayden: I would like to see the committee continue in reviewing the Town’s ordinances as the flood plain study is the first of many things we would like the committee to look at.
Simonson: if we could break for a bit and regroup at the new year to look at specific ordinances, let us know. Page 11 of 230 Attachment 1
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Collins: Direction is needed from Council if an amendment needs to be brought forward to amend the definition of the Town’s flood plain to the upper reaches being consistent with the FEMA flood plain.
Mayor Hayden confirmed yes, there is consensus by Council to do so.
Stephenson: I just want to clarify that we would still require them to fully developed.
Collins: Yes.
Simonson: there is still a question on the table related to trying to get an answer from vendors related to cost for spans versus box culverts.
Dixon: I had asked Chuck about that and he responded.
Springer: for the Chinn Chapel project we had the engineers do a design amendment so there are both options being bid – the box culvert is also being bid and we’ll see how those bids come in as for as the difference in price, so probably within a month and half or so we’ll have a comparison to bring back to the committee, as well as Council.
Stephenson: I recall some residents from Suncrest subdivision wanted to have a walking path through what was essentially flood plain, and they were told no because that is building in the flood plain. Would redoing anything that we are talking about here allow us to open up so that those open spaces (especially smaller infield) could put down some type of temporary path (whether crushed granite or similar. Would that address any of those questions?
Collins: If it’s Town flood plain, but outside of FEMA flood plain, it makes those types of exceptions/approvals simpler.
Simonson: Pointed out on the map an area where there are walking paths within the flood plain, but noted the Ordinance will be reviewed.
5. Discuss Canyon Falls development.
Mike Rafferty, Regional Director, Wheelock Street Capital, 3303 Quiet Glen, Kingwood, Tx Mr. Rafferty provided background information about the company, including examples of past projects they have been associated with throughout the country.
Bret Pedigo, Mannaland, 800 East Campbell Rd. #120, Richardson, TX Mr. Pedigo provided an update regarding progress to date associated with the 1,128 acre Canyon Falls development. His presentation identified or noted: the concept plan for the site the community vision and branding for the neighborhood historical context contextual analysis entry and arrival sequence Page 12 of 230 Attachment 1
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neighborhood enclaves open space typologies landscape and hardscape materials conclusion included noting lot deliveries and home construction to begin in late 2013/early 2014.
Hayden: Can you go over the various aspects of the original concept plan and what was intended there?
Pedigo: Pointed out the preliminary concept plan and noted the main concept plan would have entries coming off of FM 1171 and Highway 377 and pointed out those locations on a map. Eventually there would be an access point all the way out to 35W, however, that land is not associated with their project. He identified the areas designated for single family uses adjacent to Canyon Falls Drive, as well as a reserved area for an elementary school within the center of the property. Across from that would be the Flower Mound fire station site in which they will be dedicating the land for those improvements in the future. He noted the areas on the map designated for mixed uses near 35W, Highway 377, and FM 1171, pointing out that as you get into the neighborhood you will get to the amenity center and more single family uses.
Hayden: Where is the County building going?
Pedigo: Pointed out that location on the map at the NW corner of Stonecrest and Canyon Falls Drive.
Hayden: How much residential, commercial, and multi-family is within the development?
Pedigo: Pointed out on the map the various jurisdictions within the project (Flower Mound, Northlake, and Argyle). Regarding the number of residential counts: 1,750 – 1,800 residential units (single family homes), and a small component not within Flower Mound jurisdiction (300 multi-family units) and various mixed use zoning that will allow for garden office or other commercial uses such as neighborhood services a community of this size might need such as a day care. Out on 35W there will be higher and more intense uses as it develops.
Hayden: What are the price points for single family?
Pedigo: It will be consistent with what you see in other master planned developments in the area ($350,000 - $600,000), with room to go higher over time.
Hayden: Will there be zoning changes asked for?
Pedigo: The one planning change made earlier on this property is the only one we see, however, if there is a worthy change, they might have those, however, we don’t anticipate such.
Hayden: How will this be phased in over time?
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Pedigo: First phase is 250 – 230 lots and he pointed out those locations on the map, and the amenity center will also be built, as well as some areas not in Flower Mound’s jurisdiction and they will work from south to north. Build out time is five to seven years (would be considered fast) or seven to ten depending on the market.
Hayden: Are bike lanes being considered?
Pedigo: there are provisions within the Ordinance for Canyon Falls to allow for that.
Hayden: Have you identified builders yet?
Pedigo: No, but we are in conversations with 5 – 7 builders currently, however, contracts have not been finalized yet.
Hayden: Anything you need to ask of us.
Pedigo: Anything that you all can do to help us in moving forward.
H. PUBLIC PARTICIPATION
Paul Stone, 709 Lake Bluff, Flower Mound, TX 75028 Mr. Stone responded to Mayor Pro Tem Stephenson’s question earlier related to the logic behind Flower Mound having its own definition for a flood plain noting it is his opinion that it was for the purpose of controlling growth.
He extended wishes to Council and staff for a Merry Christmas and expressed thanks to both this and previous Council’s for their actions in the past. He noted the current Council has had to make some hard choices on controversial issues. I see this Town moving forward with the committees that have been created, roads that have opened, and opening of parks that includes special needs children. I really appreciate living in this town and I wanted to express my thanks for that.
I. ANNOUNCEMENTS
1. Announce recent and upcoming civic and social events.
Councilmember Webb had the following announcements: 1) attended a walk-thru presentation of the ninth grade campuses for Flower Mound and Marcus High Schools. 2) pointed out this is a time where seniors are anxiously awaiting receipt of letters from colleges in which they applied to and offered congratulations to the high school seniors.
Councilmember Levenick had the following announcements: Christmas parade on Saturday Gingerbread house decorating opportunity at the Community Activity Center on Dec. 9th from 2 – 4 pm Grinch scramble at Gerault Park on Dec 14th at 7 p.m. Page 14 of 230 Attachment 1
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Councilmember Dixon had the following announcements: Thanks to Fire Station No. 4 as they recently provided a tour to a family member who had interest in being a fireman. Flower Mound holiday parade is this Saturday starting at 10 a.m. and it will be on Morriss Road starting at Olympia and end at Dixon at Marcus High School. In addition there will be a can drive in which those attending can bring cans of food and the Summit Club will pick those up and distribute them to needy families.
Deputy Mayor Pro Tem Wise announced the Santa Cops toy drop is underway through Dec. 14th and he listed the locations in which toys can be dropped off as well as contact information.
J. TOWN MANAGER’S REPORT
1. Update and status report related to capital improvement projects, report related to juvenile program, football league program, and mosquito control measures.
Mr. Springer offered the following reports: Capital improvement projects: paving is anticipated this week for Wichita Trail Juvenile program: he pointed out statistics on the program are prepared annually to meet CALEA requirements and identified the types of programs and statistics associated with the three areas of the juvenile program. Mayor Pro Tem Stephenson offered thanks to the police department as those numbers are down.
Football league program: he reported that recently a 30-day termination notice was sent to the Driven Football League to end the Town’s contractual agreement between the Town and Driven because of their drop off in participation. He identified next steps and the process going forward. Mosquito Control Measures: He provided an update noting that staff is completing a summary of the 2012 mosquito season, which will include the Town’s program and the West Nile Virus response. This report will be distributed to Council upon completion. He also identified the process associated with the sampling and receiving of positive mosquito test results. He pointed out Denton County has been holding meetings following the aerial spraying to discuss local and regional response, and the Town has been, and will continue to participate in those meetings. He noted that this past fiscal year staff purchased an ATV mounted ground sprayer which allows Town staff the ability to respond to positive West Nile results with ground spraying in areas such as greenbelts, park land, and other areas that are not accessible with the truck mounted spraying.
Councilmember Webb pointed out he brought up the issue out of concern in waiting for test results and pointed out he was pleased to hear we’re not overnighting these results to Austin and that we are putting them on a bus so they get there the same day. He noted being pleased that things are being done proactively and early in the cycle process to address the issue.
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Mayor Hayden pointed out two locations within the Northshore subdivision, particularly during the hours of 4 – 7 p.m., in which residents are concerned about speeding at one location and drivers not stopping at the stop sign at another location.
Springer: In the latest weekly briefing there was an update regarding some things that staff will be doing which include increased enforcement in the Northshore area starting off with warnings. He pointed out the cost for that speed limit solar sign, such as what is in West Windsor, is $11,000 for two.
Mayor Hayden requested increased patrols for the area of River Hills as well.
Mayor Pro Tem Stephenson asked for an update on the Prairie Creek clean up and reconstruction.
Mr. Collins responded that the project is substantially complete and that the Town is currently in a monitoring phase to make sure the grass gets established properly. He pointed out staff will go back and reseed if necessary.
Stephenson: Have we had any comments back from the residents in that area that were directly involved?
Collins: One of the neighbors spoke during citizen participation at the last Council meeting offering complementary remarks. We have been in regular contact with the neighborhood and the feedback we have received is that they are happy with the results of the project.
2 Discuss Council Communications (CC):
CC 37-12 – Fair Market Value of Chinn Chapel Soccer Complex
Mr. Springer noted this Council Communication provides updated information and also includes dates for council consideration should there be interest in moving forward with an election on the sale of that park land.
Dixon: One of the questions I had asked is that in the Council Communication it broke down many line items on the proposed cost to duplicate the Chinn Chapel Soccer Complex at another location. My question was that I would like to see an equal line item list by category to look at the 2005 versus the projected. Kent did send over an excel spreadsheet that was from 2005. It was very detailed and the suggestion that I made to Kent is that Council might like to see a side by side comparison – something equal to, as opposed to apples and oranges, on delineation. Have it be the same delineation and show it in one column (2005) and another one (proposed). 2005 was in much greater detail because it had the actual bids so maybe just categorize them because I did notice that the 2005 estimate was something like $685,000 and the 2013 projected was $1.7 million. I couldn’t see why it was so dramatic over just those 7 years, also recognizing that we would be able to take down some of the lights currently being used at the existing facility so those numbers didn’t work.
Page 16 of 230 Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 3, 2012 BOOK 41 PAGE 15
Springer: one of the cost estimate difficulties with the new site had to do with bringing utilities to an undetermined future site and not knowing the distance involved.
Dixon: for planning purposes at a high level I would prefer to see apples to apples as much as possible, so there could be contingencies in there stating the cost is x if the distance is x to bring in utilities. My guess is that if the voters authorized the Council to make that type of disposal of the Chinn Chapel Complex, or through a land swap or sale, more than likely it would be in area that would have electricity conveniently available.
Councilmember Levenick and Mayor Pro Tem Stephenson commented they didn’t think it should be on the ballot due to an unknown alternate location for a future site.
Stephenson: I would like to know if there was even interest in the property.
Webb: To move it forward there would need to be a more reasonable number for replacement. I’m okay with pushing the numbers for a rough estimate. He added historical background by mentioning this is being considered because it’s about adding some soccer fields and recreational space to meet a growing need as well as the possibility of putting it in a more centralized area.
Wise: I would like to see a side by side comparison and need an alternate location to consider before going forward.
Dixon: Confirmed consensus of council is to do more side by side comparison in the way of analysis so Council can look at, and if Council is agreeable to move to the next step. I personally wouldn’t put this on the ballot tonight myself. I would like to have a better look at the numbers and if the numbers come back like I hope they are, then Council can make a move to put it on the ballot.
Stephenson: I don’t know where this goes on the priority list for staff, but we have a staff that is real busy right now, so if this is going to take any amount of time, and since we don’t have anyone that is driving interest in the current property, I’m not seeing this as something I want at the top of the list. If it takes more than a few hours to put together, put it to the January strategic planning session and at that time prioritize it as to what level of importance prior to spending a lot of staff time on it.
Dixon: Requested of staff to provide feedback to Council in situations where prioritization is needed related to various projects in the works and the impact when a new project is introduced.
Hayden: The goal is so far apart given the six million dollar number and perhaps it can be picked up at a later date.
Dixon: The goal would be more fields, more parking, more open space, and hopefully more amenities. One thing I did like in the Council Communication is from a budgeting perspective is that the analysis was that if the Town would have new retail similar to the Shops at Highland Village on that property it would be a net income to the Town of over $300,000 a year, and that is one of the component pieces as this is being discussed in the first place. Page 17 of 230 Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 3, 2012 BOOK 41 PAGE 16
K. CONSENT ITEMS
1. Consider approval of the minutes from a special meeting of the Town Council held on November 18, 2012. RECOMMENDATION: Move to approve the minutes from a special meeting of the Town Council held on November 18, 2012.
2. Consider approval of the minutes from a regular meeting of the Town Council held on November 19, 2012. RECOMMENDATION: Move to approve the minutes from a regular meeting of the Town Council held on November 19, 2012.
3. Consider approval of cancelling the January 21, 2013, regular meeting of the Town Council.
RECOMMENDATION: Move to approve cancelling the January 21, 2013, regular meeting of the Town Council.
4. Consider approval of a resolution adopting the Town of Flower Mound’s Program Year 2011 Consolidated Annual Performance & Evaluation Report, which is required under the Town’s Community Development Block Grant; and authorization for the Mayor to execute same on behalf of the Town. RECOMMENDATION: Move to approve a resolution adopting the Town of Flower Mound’s Program Year 2011 Consolidated Annual Performance & Evaluation Report, which is required under the Town’s Community Development Block Grant; and authorization for the Mayor to execute same on behalf of the Town.
RESOLUTION NO. 20-12
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, PROVIDING FOR THE ADOPTION OF FLOWER MOUND’S PROGRAM YEAR 2011 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING AUTHORIZATION FOR THE MAYOR TO EXECUTE SAID REPORT; AND PROVIDING AN EFFECTIVE DATE.
Councilmember Dixon moved to approve items 1 – 4 of the Consent Agenda. Deputy Mayor Pro Tem Wise seconded the motion.
VOTE ON MOTION
AYES: Webb, Levenick, Stephenson, Dixon, Wise. NAYS: None.
L. REGULAR ITEMS Page 18 of 230 Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 3, 2012 BOOK 41 PAGE 17
5. Legends – Tree Removal Permit Public Hearing Public Hearing to consider an application for a tree removal permit for the removal of three specimen trees on property proposed for development as Legends. The property is generally located east of Chinn Chapel Road and north of Dixon Lane. (The Environmental Conservation Commission recommended approval by a vote of 4 to 0 at its November 6, 2012, meeting). Staff Presentation
Mr. Martin gave a presentation identifying the location of the project at the NW corner of Chinn Chapel Road and Dixon Lane. He noted the applicant was before Council in October with a request for rezoning as well as a request for the removal of four specimen trees. He noted we are now at the record plat stage where grading gets worked out and due to the topography on the site and the way the lot lines fall; they have determined they need to remove three additional specimen trees. He pointed out on a map the locations for the four pre-approved trees to be removed, as well the locations for the three additional trees being requested to be removed. He provided photographs of the trees requested to be removed.
Councilmember Webb asked to point out the location within the development for tree number 1078.
Mr. Martin and Mr. Stewart identified the location of that tree on the map.
Mayor Pro Tem Stephenson asked if a spot was designated in the development for Alton Bowman’s acorns to oaks program.
Ron Stewart, Environs Group, 111 Hillside, Lewisville, TX Stewart: We have on the Highlands Plaza project. There are two different areas on that one as discussed about a year ago. I went out to Alton’s house. We looked and talked about them extensively. We have maybe 15 of them. He noted the trees are not very tall so they had to come up with a special way to protect and irrigate those trees.
We have not done it on this project because it was pretty extensive in the way of getting the irrigation to those trees. Over there we had the opportunity for some signage along an amenity area, whereas here they are just going to kind of be stuck out there and there is concern regarding mowers, etc.
Stephenson: If there is any way, since we are taking down three additional specimen trees, I would like it to be considered.
Stewart: Even though this is in an area where we would not have to mitigate, we are adding 25 additional 3” caliper trees to the Legends project to help mitigate for the loss of those three additional trees even though that was not required by code.
Stephenson: What is the specimen you anticipate using?
Page 19 of 230 Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 3, 2012 BOOK 41 PAGE 18
Stewart: for this one there is 3 additional ones with this particular application. There are various trees around the site we are saving; however, they don’t come under the purview of the tree removal permit because it was just for specimen trees.
Dixon: I remember noticing the tree there at the detention pond and I was curious how that would happen given the slope and it looks like it’s right on it. He offered appreciation for the fact that the applicant’s approach is based on analysis derived after taking a hard look at the topography.
Hayden: What changed from the original plan that you thought those three trees could be retained and now they can’t?
Stewart: The upper two (pointed out on map) and noted the three fell either within a home lot or next to the road so we knew those were going to come out. He noted locations where extra side lots were made to keep some of the trees, however, due to the slopes on the roads and the overall grading, once we got into it, two of the trees ended up being about 6 – 8 feet above everything around it because we had to lower that hillside in order to get house pads on the site. Previously we were thinking we might be within 2 – 3 feet, but once the engineers graded the entire site to the Town standards and requirements of the developer, those two trees ended up being 6 – 8 feet. Our experience has been that if it’s that much the post oaks wouldn’t survive because it’s changing the environment of the root system because we would build a stone wall at the drip line of the tree but the water requirements that far down will be a lot dryer within that tree well. So when you elevate it that much the roots get really dried out. A lot of times we can work with some tree species to augment the water, however, post oaks don’t like a lot of additional water. He noted the other one has to do with thinking the area with the retaining wall was going to be about 6 – 8 feet (pointed out on map), which is pretty severe but it was only going to be on one side. He pointed out that in order to meet all the detention requirements the wall ended up being about 12 feet high. For this reason there was some added excavation needed to meet that height requirement and the probability of survival of that tree is greatly reduced.
Hayden: Asked Mr. Martin to explain the likelihood of survival of the trees based on the type of grading being discussed.
Mr. Martin pointed out what occurs in a situation with grade differentials and how it impacts the tree, along with the type of engineering that would be needed to encourage survival. He also noted some trees could handle the change in environment, however, post oaks don’t respond well to drainage around their roots and there has not been a good success rate in the past.
Several Council members expressed disappointment with the loss of the trees but understood the reasoning associated with the request.
Hayden: at some point developments are going to have start designing developments that go around these specimen trees so they can be saved. Page 20 of 230 Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 3, 2012 BOOK 41 PAGE 19
Deputy Mayor Pro Tem Wise asked Mr. Martin if 25 trees is the normal amount for remediation.
Martin: a specimen tree would normally have a two times the caliper inches replacement - so a 25” tree, you would get 50” of trees, and divide that by three (about 14 -15 trees) for one tree if you had a 25” tree. Being this is located where it is there wasn’t the replacement requirement. Basically, they are saying we recognize we’re removing the trees and we are replanting even though we’re not required to.
Mayor Hayden opened the Public Hearing at 8:06 p.m.
Public Participation
No one spoke in favor or opposition of the item.
Mayor Hayden closed the Public Hearing at 8:06 p.m.
Councilmember Dixon moved to approve the requested permit for the removal of three specimen trees on property proposed for development as Legends. The property is generally located east of Chinn Chapel Road and north of Dixon Lane. Councilmember Levenick seconded the motion.
VOTE ON MOTION
AYES: Wise, Dixon, Stephenson, Levenick, Webb. NAYS: None.
6. Consider approval of a contract with HCC Life Insurance Company in the amount of $376,490 for reinsurance coverage for the Town’s Group Health Plan; and authorization for the Mayor to execute same on behalf of the Town.
Staff Presentation
Mr. Springer summarized the item by noting this is the Town’s reinsurance that the Town purchases each year for its self-insured health plan. He noted last year the Town increased it from a minimum of $100,000 loss on the Town’s side per individual to $125,000. He noted this insures the Town against any cost above $125,000 in any calendar year by any one participant in the health plan. He pointed out the Town bids it out each year and this year’s cost from the lowest proposal is $376,490, which is a slight decrease from last year which was $376,597. The company’s name is HCC Life Insurance Company.
Councilmember Dixon pointed out he recollected it was two years ago.
Mr. Springer indicated he thought it was last year, however, it could have been two years ago.
Page 21 of 230 Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 3, 2012 BOOK 41 PAGE 20
Councilmember Levenick moved to approve a contract with HCC Life Insurance Company in the amount of $376,490 for reinsurance coverage for the Town’s Group Health Plan; and authorize the Mayor to execute same on behalf of the Town. Councilmember Webb seconded the motion.
VOTE ON MOTION
AYES: Webb, Levenick, Stephenson, Dixon, Wise. NAYS: None.
Mr. Springer pointed out the item of the Chinn Chapel Soccer Complex was not addressed during the Town Manager’s report and requested to address it at this time (refer to Town Manager’s report for minutes related to this discussion).
M. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS
No discussion.
N./O. CLOSED/OPEN MEETING
The Town Council convened into a closed meeting at 8:21 p.m. on December, 3, 2012, pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.071, 551.072, 551.074, and 551.087 to discuss matters relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations and reconvened into an open meeting at 12:02 a.m. on December 4, 2012, to take action on the items as follows:
a. Rembert Enterprises, Inc. v. Town of Flower Mound, Texas; Cause No. 2010-50164-367, pending in the 367th Judicial District Court of Denton County, Texas.
No action taken.
b. Water Permit Application No. 5821 for Lake Ralph Hall, pending before the Texas Commission on Environmental Quality.
c. Consultation with Town Attorney regarding legal issues relative to franchise agreement with utility provider and contract utilities.
No action taken.
d. Discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto.
No action taken. Page 22 of 230 Attachment 1
FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 3, 2012 BOOK 41 PAGE 21
e. Discuss and consider economic development incentives.
No action taken.
f. Discuss and consider appointments to the Animal Services Board, Board of Adjustment, Oil and Gas Board of Appeals, Community Development Corporation, Environmental Conservation Commission, Parks, Arts and Library Services Board, Public Arts Committee, Planning & Zoning Commission, SMARTGrowth Commission, Tax Increment Reinvestment Zone Number One (TIRZ #1), and Transportation Commission.
No action taken.
P. ADJOURN REGULAR MEETING
Mayor Hayden adjourned the meeting at 12:03 a.m. on Tuesday, December, 4, 2012, and all were in favor.
TOWN OF FLOWER MOUND, TEXAS
______THOMAS E. HAYDEN, MAYOR
ATTEST:
______THERESA SCOTT, TOWN SECRETARY Page 23 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 2 December 17, 2012
[ X ] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Tracy LaPiene, P.E., Senior Project Engineer
THROUGH: Chuck Springer, Interim Town Manager Kent Collins, P.E., Assistant Town Manager
PRESENTER: Kent Collins, P.E., Assistant Town Manager
ITEM: Consider approval of Change Order No. 1 for a contract reduction of $800.00; final acceptance of the Waketon Road 16-Inch Water Line project; authorization for final payment to Saber Development Corporation, in the amount of $4,210.50; and authorization for the Mayor to execute same on behalf of the Town.
[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction
I. SUMMARY:
The construction of the Waketon Road 16-Iinch Water Line project is complete. Change Order No. 1 consists of a reduction in contract for miscellaneous sprinkler system repair as no sprinkler systems were found adjacent to the project, for a total reduction of $800.00. The final payment to Saber Development Corporation in the amount of $4,210.50 will be issued for retainage. The final contract amount will decrease from $85,010.00 to $84,210.00.
II. BACKGROUND INFORMATION:
On July 18, 2011, the Town Council awarded Bid No. 72-11-B, for the construction of the Waketon Road 16-Iinch Water Line project, to Saber Development Corporation, in the amount of $85,010.00. The project provided for the installation of 900 linear feet of 16-inch water line as part of the Water Distribution System Master Plan from the Waketon Elevated Storage Tank to the east boundary of The Reserve at Hickory Springs.
III. FISCAL IMPACT:
Proposed Expenditure: $4,210.50
Proposed Funding: Account No./Description Amount 630-960-98790 $4,210.50
Sufficient funds are available in this account to make this expenditure. This project is included in Page 24 of 230
the Capital Improvement Program plan and, upon approval of this item, will have $84,852.56 remaining out of a total budget of $250,000.00.
Finance Review by: Tammy Wilson, Director of Accounting & Budget
IV. LEGAL REVIEW:
N/A
V. ATTACHMENTS:
1. Change Order No. 1 2. Final Contract Estimate for Payment 3. Final Bills Paid Affidavit 4. Consent of Surety to Final Payment
VI. RECOMMENDED MOTION OR ACTION:
Move to approve Change Order No. 1 for a contract reduction of $800.00; final acceptance of the Waketon Road 16-Iinch Water Line project; authorize final payment to Saber Development Corporation, in the amount of $4,210.50; and authorize the Mayor to execute same on behalf of the Town. Page 25 of 230
CHANGE ORDER
Effective Date: Effective on the date of execution by the Mayor following Town Council approval
Owner: Town of Flower Mound Contractor: Saber Development Corporation 2351 W. NW Hwy. Dallas, TX 75220
Project: Waketon Road 16-Inch Water Line
CHANGE ORDER NO. 1 AND FINAL ACCEPTANCE The compensation agreed upon in this Change Order is a full, complete, and final payment for all costs the Contractor incurs as a result of or relating to the change, whether said costs are known, unknown, foreseen, or unforeseen at this time, including without limitation, any costs for delay, extended overhead, ripple or impact costs, or any other effect on changed or unchanged work as a result of this change.
You are directed to make the following changes in the Contract Documents: Item No. Description Unit Add/ Deduct Quantitiy Unit Price Extended Amount
10 Miscellaneous Sprinkler System Repair LS Deduct 1 $800.00 ($800.00)
Change Order Total ($800.00)
Original Contract Price $85,010.00 Change Order #1 ($800.00) Revised Contract Price $84,210.00
JUSTIFICATION
Item 10 is a deduction to the Miscelaneous Sprinkler System repair item as no sprinkler systems were found adjacent to the project.
Recommended for Approval Tracy A. LaPiene Date Saber Development Corporation Senior Project Engineer
Contractor Title Approved Thomas E. Hayden Date Mayor Page 26 of 230 CONTRACT ESTIMATE FOR PAYMENT ATTACHMENT 2
Project: Waketon Road 16-Inch Water Line Estimate No.: Final
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
1 Mobilization LS 1.00 $ 7,000.00 $ 7,000.00 1.00 0.00 1.00 $ 7,000.00 $ - $ 7,000.00 100.00%
2 16" Water Line, C906=5 DR 18 PVC by Open Cut LF 765.00 $ 73.00 $ 55,845.00 765.00 0.00 765.00 55,845.00 - 55,845.00 100.00%
3 Fire Hydrant Assembly EA 1.00 $ 4,100.00 $ 4,100.00 1.00 0.00 1.00 4,100.00 - 4,100.00 100.00%
4 Connect to Existing Water Line EA 2.00 $ 2,000.00 $ 4,000.00 2.00 0.00 2.00 4,000.00 - 4,000.00 100.00%
5 Trench Safety LF 765.00 $ 1.00 $ 765.00 765.00 0.00 765.00 765.00 - 765.00 100.00%
6 Concrete Driveway Repair SY 84.00 $ 50.00 $ 4,200.00 84.00 0.00 84.00 4,200.00 - 4,200.00 100.00%
7 Concrete Pavement SY 45.00 $ 85.00 $ 3,825.00 45.00 0.00 45.00 3,825.00 - 3,825.00 100.00% Temporary Removal and Replacement of 8 Existing Mailbox EA 3.00 $ 200.00 $ 600.00 3.00 0.00 3.00 600.00 - 600.00 100.00% Temporary Removal and Replacement of 9 Existing Sign EA 1.00 $ 75.00 $ 75.00 1.00 0.00 1.00 75.00 - 75.00 100.00%
10 CO 1 Miscellaneous Sprinkler System Repair LS 0.00 $ 800.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
11 Project Sign EA 2.00 $ 400.00 $ 800.00 2.00 0.00 2.00 800.00 - 800.00 100.00%
12 Traffic Control LS 1.00 $ 3,000.00 $ 3,000.00 1.00 0.00 1.00 3,000.00 - 3,000.00 100.00%
TOTAL 84,210.00 84,210.00 - 84,210.00 100.00%
Page 1 of 1 Page 27 of 230 Page 28 of 230 Page 29 of 230 Page 30 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 3 December 17, 2012
[ X ] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Chuck Jennings, Recreation Superintendent
THROUGH: Chuck Springer, Interim Town Manager Kent Collins, P.E., Assistant Town Manager
PRESENTER: Chuck Jennings, Recreation Superintendent
ITEM: Consider approval of Standards of Care for Youth Recreation Programs operated by the Town, in accordance with the Texas Human Resources Code - Section 42.041 and to adopt an ordinance providing for said Standards.
[ X ] Ordinance [ ] Resolution [ ] Motion [ ] Direction
I. SUMMARY:
The Texas Human Resources Code requires the Town establish a “Standards of Care” policy adopted by ordinance for the Town’s youth recreation programs on a yearly basis. The attached Standards of Care, upon approval by Town Council as an ordinance, will renew the Town’s ordinance to stay compliant with this regulation. The purpose of this policy is to assure the community that when they place their child/children in one of our programs, our facilities are safe, background checks have been conducted on our staff, and our staff is properly trained for the program they are conducting. The Parks, Arts and Library Services (PALS) Board recommended approval of the Standards of Care by a vote of 5 to 0 at its November 1, 2012 meeting.
II. BACKGROUND INFORMATION:
The State of Texas Department of Protective and Regulatory Services, administers state regulations and general licensing procedures for all child-care facilities. Municipalities are exempt from the licensing requirement for programs provided for elementary age youth provided the Town Council annually adopts standards of care, by ordinance, after a public hearing. Additionally the following criteria must be met in order to receive the exemption: A copy of the standards of care will be provided to the parents of each program participant. The ordinance includes at a minimum: staffing ratios; staff qualifications; facility, health, and safety standards; and mechanisms for monitoring and enforcing the adopted local standards. Parents are informed that the program is not operated or advertised as a licensed day care. Page 31 of 230
The request for the exemption is necessary as the Town currently offers different day camps throughout the year to youth 5 – 15 years of age. On December 19, 2011, the Town Council enacted Ordinance No. 64-11, which adopted Standards of Care for the Town’s Parks and Recreation youth recreation programs. The Town officially received the exemption letter from the State on February 11, 2011.
As part of the State’s requirement for the exemption, the Town will annually hold a public hearing on the Standards of Care and the Town Council will formally adopt them as part of an ordinance. The proposed Standards of Care reflect a few minor changes in accordance with Section 7 of Ordinance No. 64- 11. The public hearing took place at the November 1, 2012, PALS Board meeting and the Board unanimously approved recommending the proposed ordinance for Town Council consideration.
III. FISCAL IMPACT:
N/A
IV. LEGAL REVIEW:
Meredith Ladd, of Brown & Hofmeister, L.L.P., has reviewed the proposed ordinance as to form and legality.
V. ATTACHMENTS:
1. Proposed Ordinance 2. Excerpt from the minutes of the November 1, 2012, PALS Board meeting 3. Exemption Approval letter from the State of Texas
VI. RECOMMENDED MOTION AND/OR ACTION:
Move to approve Standards of Care for Youth Recreation Programs operated by the Town, in accordance with the Texas Human Resources Code - Section 42.041 and to adopt an ordinance providing for said Standards. Page 32 of 230
Attachment 1
TOWN OF FLOWER MOUND, TEXAS
ORDINANCE NO. ______
AN ORDINANCE OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND BY AMENDING SUBPART A OF THE CODE OF ORDINANCES THROUGH THE AMENDMENT OF CHAPTER 54, “PARKS AND RECREATION,” BY CREATING ARTICLE V ENTITLED “STANDARDS OF CARE FOR YOUTH RECREATION PROGRAMS, RESPECTIVELY”; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the Town of Flower Mound is a home rule municipal corporation organized and existing by virtue of the Constitution and laws of the State of Texas and by its Home Rule Charter adopted November 3, 1981; and
WHEREAS, the Town of Flower Mound possesses all the rights, powers, and authorities possessed by all home rule municipalities to regulate the fees for services provided; and
WHEREAS, the Town of Flower Mound operates a recreation program for elementary age children as a service to residents of the Town of Flower Mound, and surrounding communities; and
WHEREAS, the State of Texas has adopted licensing requirement and regulations under Chapter 42 of the Texas Human Resources Code for facilities providing care to children, which all facilities must comply with unless an exemption under Section 42.041(b) applies; and
WHEREAS, Section 42.041(b)(14) of the Texas Human Resources Code provides an exemption from the requirements of Chapter 42 to a municipality operating a recreation program for elementary age children (5-13 years); and
WHEREAS, in order to qualify for the exemption, the Town of Flower Mound must establish standards of care through the adoption of an ordinance setting forth the standards of care for the Town Parks and Recreation’s youth recreation programs;
WHEREAS, the Town of Flower Mound must hold a public hearing on the standards of care ordinance prior to its adoption; and
WHEREAS, the Town of Flower Mound standards of care for the Town Parks and Recreation’s youth recreation programs must be adopted annually by the Town of Flower Mound Town Council in order to maintain the exemption; and
Page 33 of 230
Attachment 1
WHEREAS, on December 19, 2011, the Town Council enacted Ordinance No. 64-11, which adopted standards of care for the Town Parks and Recreation’s youth recreation programs; and
WHEREAS, the Director of the Town Parks and Recreation Division has recommended a few minor changes to the standards of care adopted on December 19, 2011, in accordance with Section 7 of Ordinance No. 64-11; and
WHEREAS, a public hearing was held on November 1, 2012, by the Parks, Arts and Library Services (“PALS”) Board regarding the revised standards of care and the adoption of such revised standards of care has been recommended by the PALS Board; and
WHEREAS, the Town Council desires to adopt the revised standards of care as recommended by the PALS board; and
WHEREAS, on February 11, 2011, the Town received an exemption from the requirements of Chapter 42 of the Texas Human Resources Code from the Texas Department of Family and Protective Services (“TDFPS”) after the adoption of Ordinance No. 01-11; and
WHEREAS, the TDFPS, or the designated division, will not monitor the Town’s Parks and Recreation’s youth recreation programs as the exempt status has been granted. The TDFPS will not be responsible for investigating complaints regarding the Town’s Parks and Recreation’s youth recreation programs and any complaints shall be made to the Town Parks and Recreation Division.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, THAT:
SECTION 1. INCORPORATION OF PREMISES
All the above premises are found to be true and correct legislative findings and are incorporated herein for all purposes.
SECTION 2. AUTHORITY
The Town Council adopts local standards of care for the Parks and Recreation Division (“Division”) youth recreation programs in compliance with the requirements of Texas Human Resources Code Section 42.041(b)(14) and pursuant to its home rule authority.
SECTION 3. ADOPTION
The local standards of care (“Standards of Care”), as set forth in Exhibit “A” which is attached hereto and incorporated by reference herein for all purposes as if
Page 34 of 230
Attachment 1 written word for word herein, are hereby adopted by the Town Council as the Standards of Care for the Parks and Recreation Division of the Town of Flower Mound.
SECTION 4. PROGRAM ADMINISTRATION
(A) The Division shall operate all youth recreation programs (“Youth Programs”) in compliance with the Standards of Care.
(B) The Division director, or designee (collectively or singly referred to herein as “Director”), shall administer the Youth Programs and ensure compliance with the Standards of Care.
SECTION 5. PROGRAM RULES; MONITORING
(A) The Director may adopt rules relating to the operation of the Youth Programs. A rule adopted by the Director may be more restrictive than the minimum standards adopted under the Standards of Care, after notice is provided to Youth Programs participants.
(B) The Director shall monitor the Youth Programs to ensure compliance with the Standards of Care.
(C) The Texas Department of Family and Protective Services will not regulate the Youth Programs nor be involved in any complaint investigation related to the Youth Programs.
(D) Any parent, visitor, or staff may register a complaint by calling the Parks and Recreation Division office at 972-874-6300 during the hours of 8 a.m. to 5 p.m. Monday through Friday.
SECTION 6. DISTRIBUTION OF STANDARDS
(A) The Division shall post and make available copies of the Standards of Care in this ordinance or by rules adopted under this ordinance.
(B) The Division shall inform parents or guardians of each participant that the Youth Programs are not licensed by the state. The Youth Programs may not be advertised as child-care facilities.
SECTION 7. RECOMMENDATION FOR AMENDMENT OR RE-ADOPTION
Each year the Director shall make recommendations to the Town Council regarding the adoption or amendment of the Standards of Care.
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Attachment 1
SECTION 8. REQUEST FOR EXEMPTION
The Mayor is authorized to take all necessary actions to ensure that the exemption from the Texas Department of Family and Protective Services for the Youth Programs is maintained.
SECTION 9. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on and after December 17, 2012, and its publication as provided by the laws of the State of Texas and the Home Rule Charter of the Town of Flower Mound, Texas.
DULY PASSED, APPROVED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, BY A VOTE OF ______TO ______, ON THIS THE 17TH DAY OF DECEMBER, 2012.
Thomas E. Hayden, MAYOR
ATTEST:
______Theresa Scott, TOWN SECRETARY
APPROVED AS TO FORM AND LEGALITY:
______Terrence S. Welch, TOWN ATTORNEY
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ATTACHMENT 1
Exhibit “A”
Parks & Recreation Division
Standards of Care For Youth Programs
Parks and Recreation Division 1200 Gerault Road Flower Mound, TX 75028 972.874.6300 972.874.6471 (Fax) www.flower-mound.com Page 37 of 230
Table of Contents
Standards of Care General Administration 3 Organization 3 Definitions 4 Objectives of Youth Programs 5 Inspections/Monitoring/Enforcement 5 Enrollment 6 Suspected Abuse 7
Staffing – Responsibilities and Training 7 Camp Director Qualifications 7 Camp Director Job Functions 8 Program Employees Qualifications 9 Program Employees Job Functions 9 Personnel Restriction 10 Training/Orientation 10
Service Standards 10 Appearance 10 Interaction with Parents & Participants 11 Additional Staff Responsibilities 11
Operations 11 Staff/Participant Ratio 11 Discipline 12 Programming 12 Communication 13 Transportation 13
Facility Standards 13 Safety 13 Fire 14 Health 14
Participants 16 General 16
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FLOWER MOUND YOUTH PROGRAMS
STANDARDS OF CARE
The following Standards of Care have been adopted by the Town Council of the Town of Flower Mound, Texas, to comply with Chapter 42 of the Texas Human Resources Code, specifically Section 42.014(b)(14) regarding an exemption for the Town of Flower Mound’s Youth Programs, as defined herein. These Standards of Care are intended to be minimum standards by which the Town of Flower Mound Parks and Recreation Division will operate the Town's youth programs. The Youth Programs are recreational in nature and are not child‐care facilities or day care programs.
General Administration
1. Organization
A. The governing body of the Town of Flower Mound youth programs is the Town of Flower Mound Town Council.
B. Implementation of the Youth Programs Standards of Care (“Standards of Care”) is the responsibility of the Recreation Superintendent and departmental employees.
C. These Standards of Care apply to all Youth Programs operated by the Division, including but not limited to: the Summer Day Camp Program, Holiday Day Camp Program, Spring Break Day Camp Program, and Aquatic Spring Break Camp.
D. Each Program Site will have available for public and staff review a current copy of the Standards of Care.
E. Parents of participants may obtain a copy of the Standards of Care from the Town during the registration process or the Standards of Care can be accessed on the Town’s website at: www.flower‐mound.com/cac.
F. Criminal background checks are conducted on all prospective Program Employees. If the results of a criminal background check indicate that a prospective Program Employee has been convicted of any of the following offenses, he or she will not be considered for employment:
(1) A felony or a misdemeanor classified as an offense against a person or family member. (2) A felony or misdemeanor classified as public indecency. (3) Any offense involving moral turpitude.
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(4) Any offense that, in the Superintendent’s sole opinion, would place the participants of the Youth Programs at risk.
2. Definitions
A. Camp Director: A temporary Division employee who is assigned responsibility to implement and direct a Youth Program, and oversee the Program Employees that are assigned to the corresponding Youth Program.
B. Community Activity Center or CAC: Town of Flower Mound Community Activity Center located at 1200 Gerault Road, Flower Mound, TX, 75028, 972.874.7275.
C. Division: Parks and Recreation Division of the Town of Flower Mound.
D. Employee(s): Term used to describe people who have been hired to work for the Town of Flower Mound and have been assigned responsibility for managing, administering, or implementing some portions of the Youth Programs.
E. Parent(s): This term will be used to represent one or both parent(s) or legal guardian(s) who have legal custody and authority to enroll their child(ren) in the Youth Programs.
F. Participant: A Youth whose parent(s) or legal guardian(s) have completed all required registration procedures and determined to be eligible for the Youth Programs.
G. Program Coordinator or Coordinator: A full‐time Division employee who has been assigned administrative responsibility for the Youth Programs and oversees the Camp Directors.
H. Program Employee: A temporary Division employee who is assigned to work with participants of a Youth Program at a Program Site.
I. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Youth Programs.
J. Program Site: The facilities and surrounding property where Youth Programs are held, consisting of, but not limited to, the Community Activity Center.
K. Program Supervisor: A full‐time Division employee who oversees the Program Coordinator and operations of all Youth Programs.
L. Superintendent: Town of Flower Mound Recreation Superintendent, or his or her designee.
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M. Town: Town of Flower Mound.
N. Town Council: Town Council of the Town of Flower Mound.
O. Youth: A school aged person between the ages of 5 and 14, as of the enrollment date of the Youth Program.
P. Youth Programs: The Town of Flower Mound youth programs consisting of the Summer Day Camp Programs, Holiday Day Camp Program, Spring Break Day Camp Program, and Aquatic Spring Break Camp Program. A single camp may be referred to as a Youth Program.
3. Objectives of Youth Programs
A. To provide Youth with the opportunity of recreational activities which may include sports, games, arts and crafts, education, dance, drama, special events, field trips, tournaments, etc.
B. To provide an encouraging atmosphere by emphasizing the positive development of physical skills, emotional development and growth of self‐ confidence.
C. To provide a safe environment by promoting good health and welfare for all participants.
D. To teach Youth how to spend their leisure time wisely in an effort to meet the emotional, physical and social needs of the Youth.
4. Inspections/Monitoring/Enforcement
A. The Town has established these Standards of Care in order to obtain an exemption from the State regarding the Youth Programs. Once the exemption is established, the State will not monitor the Youth Programs. These Standards of Care will be reviewed annually and brought before the Town Council for consideration, regarding any amendments recommended by the Superintendent, and approval after a public hearing regarding the Standards of Care is held, pursuant to Texas Human Resources Code § 42.041(b)(14).
B. A monthly inspection report will be prepared and submitted to the Program Supervisor by the Coordinator to confirm the Standards of Care are being adhered to.
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(1) Monthly inspection reports will be sent to the Superintendent for review and maintained by the Town in accordance with applicable record retention policies.
(2) The Superintendent will review the monthly inspection report and shall establish deadlines and criteria for compliance with the Standards of Care where failure to comply is noted.
C. The Superintendent will make visual inspections of the Youth Programs based on the following schedule.
1. Youth Programs operating during the summer will be inspected no less than twice during the Youth Program’s summer schedule.
2. Youth Programs which operate during the regular Lewisville Independent School District school year, for two (2) weeks or less, will be inspected at least once during the Youth Program’s schedule.
D. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to address the complaint and resolve the problem, if any. Complaints regarding enforcement of the Standards of Care and resolution of complaints arising under the Standards of Care will be recorded by the Coordinator. All complaints regarding enforcement of the Standards of Care where a deficiency is noted will be forwarded to the Superintendent with the complaint and the resolution noted.
5. Enrollment
Before a child may be enrolled in a Youth Program, the parents must sign registration forms that contain the following information about the child:
(1) Name, home address, home telephone number;
(2) Name and address of parent(s) and contact telephone number(s) during Youth Program hours;
(3) The names and telephone numbers of people to whom the child can be released;
(4) A statement of the child's physical health, including a physician’s signed statement and current shot records, detailing any special needs the child may have;
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(5) Emergency medical authorization and valid insurance information;
(6) Proof of CAC Membership or Non‐Membership, when appropriate; and
(7) A signed liability waiver.
6. Suspected Abuse
Program Employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In a situation where an Employee is involved in an incident with a child that could be considered to be child abuse, the incident shall be immediately reported to the Program Supervisor. The Program Supervisor will immediately notify the Police Department and any other agency, as may be appropriate.
Texas State law requires the Employees of the Youth Programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1000 and/or confinement up to one hundred eighty (180) days. Confidential reports may be made by calling 1.800.252.5400.
A complete copy of the Texas Family Code regulations regarding child abuse can be found at www.statutes.legis.state.tx.us/docs/FA/htm/FA.261.htm.
Staffing ‐ Responsibilities and Training
1. Camp Director
A. Qualifications. A Camp Director must:
(1) Consistently exhibit competency, good judgment, and self‐control when working with Youth and other Town employees.
(2) Interact with Youth with courtesy, respect, tolerance, and patience.
(3) Successfully complete a course in first aid, CPR, and AED, in compliance with American Red Cross standards.
(4) Pass a background investigation and testing for illegal substances.
(5) Be mature, responsible, and able to complete duties with minimal supervision.
(6) Communicate effectively with the public.
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(7) Possess a valid Texas driver’s license.
(8) Have previous experience in supervising Youth of varying age levels in a group setting and possess knowledge of recreational games, crafts, and activities.
(9) Complete Town‐mandated training.
(10) Be at least eighteen (18) years of age.
B. Job Functions. A Camp Director shall endeavor to:
(1) Direct and supervise Program Employees. Hiring and training of staff shall be the responsibility of the Coordinator with assistance from the Camp Director.
(2) Complete and submit proper records, including Youth Program schedules, Program Employee schedules, accident/incident reports, and participant attendance.
(3) Schedule appropriate activities in accordance with the philosophy of the Youth Program and coordinate with Coordinator to ensure appropriate reservations and transportation are secured in order to complete activities.
(4) Maintain an orderly, clean and safe environment for the Youth while promoting a non‐competitive program directed toward accentuating positive behaviors, physical development, and emotional growth.
(5) Maintain supplies, equipment and all necessary documentation for the operation of the Youth Program.
(6) Communicate with Parent(s) as necessary.
(7) Conduct on‐going evaluations regarding the Youth Program and implement approved recommendations as needed.
(8) Provide reports to Coordinator on a weekly basis regarding Youth Program activities.
(9) Know and follow all Town, Division, and Program Manual standards, policies, and procedures that apply to Youth Programs.
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(10) Ensure that participants are released only to a Parent or an adult designated by the Parent. All Program Sites will have a copy of the Division approved plan to verify the identity of a person authorized to pick‐up a participant if that person is not known to the Camp Director.
2. Program Employees
A. Qualifications. A Program Employee must:
(1) Consistently exhibit competency, good judgment, and self‐control when working with Youth.
(2) Interact with Youth with courtesy, respect, tolerance, and patience.
(3) Successfully complete a course in first aid, CPR, and AED, in compliance with American Red Cross standards.
(4) Pass a background investigation and testing for illegal substances.
(5) Be mature, responsible, and able to complete duties with minimal supervision.
(6) Possess a valid Texas driver’s license.
(7) Have previous experience in working with Youth of varying age levels in a group setting and possess knowledge of recreational games, crafts, and activities.
(8) Complete Town‐mandated training.
(9) Be at least sixteen (16) years of age.
B. Essential Job Functions. A Program Employee shall endeavor to:
(1) Promote a non‐competitive, positive, image‐enhancing environment for each participant through the direction of fun, varied, and well‐organized activities.
(2) Directly lead activities using a method that will provide opportunities for the involvement of all participants on an equal basis.
(3) Exhibit enthusiasm for the activity to impart a feeling of excitement in the participants.
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(4) Follow procedures for Youth Programs drop off and pick‐up and preparation of accident/incident reports.
(5) Follow guidelines for safety and storage of equipment and notify Camp Director regarding supply inventories.
(6) Ensure safety of Youth at Program Site and on field trips.
(7) Provide and adhere to Standards of Care.
3. Personnel Restriction
A person will not be employed as an Employee in a Youth Program if:
(1) The person would be permanently barred from being present at a child care operation while children are in care under the Texas Administrative Code Title 40, Part 19, Chapter 745 (Licensing); or
(2) The Superintendent determines that, based on the criminal history and other relevant and credible information, the person poses a risk to the safety or health of participants.
4. Training/Orientation
A. The Division is responsible to provide training and orientation to all Youth Programs employees who work with children regarding their specific job responsibilities. Coordinators will provide each Camp Director with a staff program manual specific to each Youth Program.
B. Employees must be familiar with these Standards of Care for Youth Programs.
C. Employees will be trained in appropriate procedures to handle emergencies.
D. Employees will be trained in Town, Division, and Program Manual policies and procedures applicable to Youth Programs.
E. Employees will be required to sign an acknowledgment that they received the required training.
Service Standards
1. Appearance
A. Youth Programs shirts and name badges will be worn and clearly visible.
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B. The Town’s dress code policy shall be adhered to at all time. Failure to comply with the dress code will result in an Employee being sent home.
2. Interaction with Parents and Participants
A. Participants and Parents will be treated with respect at all times.
B. Program Employees and Camp Directors will keep Parents continuously informed of activities and schedules. A weekly schedule will be distributed and copies will be kept with the daily sign in sheets.
C. Staff will note details of behavior of participants (accomplishments, discipline problems, general activities, etc.) and update Parents as much as possible.
D. The Camp Director will listen to complaints and forward to Coordinator as appropriate. All complaints will be followed up on within 24 hours, if they are not resolved on site. All complaints must be recorded, including resolution, and forwarded to Coordinator.
3. Additional Staff Responsibilities
A. Program Employees will monitor the sign in/out log at all times.
B. Program Employees will spend 100% of their time actively involved with Participants and/or Parents.
C. Program Employees will pick‐up the area used by their group after each activity.
D. Prior to beginning work each day all staff will check in at the appointed location for any messages, instructions, or information.
Operations
1. Staff/Participant Ratio
A. Pursuant to Texas mandated standards, the maximum ratio of Participants to Program Employees will be 12 to 1. In the event an employee is unable to report to the Program Site, a replacement will be assigned.
B. Each Participant shall have a Program Employee who is responsible for him or her and who is aware of the Participant’s habits, interests, and any special needs, as identified by the Participant’s parent(s) during the registration process.
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2. Discipline
A. Program Employees will implement discipline and guidance in a consistent manner based on the best interests of the program participants.
B. There must be no cruel, harsh or corporal punishment used as a method of discipline.
C. Program Employees may use brief, supervised separation from the group if necessary. Participants will be informed of Youth Program rules.
D. As necessary, Program Employees will initiate discipline reports to the Parent(s) of Participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the program manual may result in a Participant being suspended or removed from the Youth Programs. Parents will be contacted to pick up their Youth immediately.
F. In instances where there is a danger to Participants or Employees, offending Participants will be removed from the Program Site immediately.
G. Any person(s) creating a nuisance, causing a disturbance, or creating an unsafe environment at any Program Site will be subject to ejection from the site and possible arrest and legal action.
3. Programming
A. Program Employees will attempt to provide activities for each group according to the Participant’s age, interests, and abilities. The activities must be appropriate to Participants’ health, safety, and well‐being. The activities also must be flexible and promote the Participants’ emotional, social, and mental growth.
B. Program Employees will attempt to provide indoor and outdoor time periods, weather permitting, that include:
(1) Alternating active and passive activities; and
(2) Opportunity for individual and group activities.
C. Program Employees will be attentive and considerate of the Participants’ safety on field trips and during any transportation provided by the Youth Programs. Participants
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must be counted before leaving the Program Site and before boarding the transportation to return to the Program Site.
(1) During trips, Program Employees supervising Participants must have immediate access to Participant forms and emergency contact information for each Participant;
(2) Program Employees must have a written list of the Participants in the group and must check the attendance frequently; and
(3) Program Employees must have First Aid supplies, a guide to First Aid and emergency care available on field trips.
4. Communication
The Program Site will have a telephone to allow the Program Employees to be contacted by Parks and Recreation personnel or for making emergency calls.
5. Transportation
A. First Aid supplies and a First Aid and emergency care guide will be available in all Youth Program vehicles that transport Youth.
B. All Program vehicles used for transporting Participants must have available a 6‐BC portable fire extinguisher in the vehicle which must be accessible to the adult occupants.
Facility Standards
1. Safety
A. Program Employees will inspect the Program Site daily to detect sanitation and safety concerns that might affect the health and safety of the Participants. A daily inspection report will be completed by Camp Director and kept on file by the Program Coordinator.
B. Buildings, grounds, and equipment on the Program Site will be inspected, cleaned, repaired, and maintained to protect the health of the Participants.
C. Program equipment and supplies must be safe for Participants use.
D. Program Employees must have First Aid supplies available at the Program Site, during transportation, and for the duration of any off‐site activity.
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E. Program Employees must have First Aid supplies and a guide to First Aid and emergency care readily available in a designated location.
2. Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program Employee’s first priority is to evacuate the Participants to a designated safe area. Emergency evacuation and relocation plans will be posted within the Program Site.
B. The Program Site will have an annual fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Superintendent who will review and establish deadlines and criteria for compliance.
C. Each Program Site must have at least one (1) fire extinguisher approved by the Fire Marshal readily available to all Program Employees. The fire extinguisher is to be inspected monthly by the Program Coordinator, and a monthly report will be forwarded to the Program Supervisor who will keep the report on file for a minimum of two (2) years. All Employees will be trained in the proper use of a fire extinguisher.
D. Fire drills shall be conducted monthly.
3. Health
A. Illness or Injury
(1) Participants shall have and maintain immunizations in accordance with those required by the Texas Department of Health for public school attendance according to age.
(2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. Parents will be notified in cases of illness or injury. Paramedics will be notified in the event of an injury that cannot be remedied through basic first aid. An accident report shall be completed for all injuries and forwarded to the Camp Director.
(3) An ill Youth will not be allowed to attend or participate if the Youth is suspected of having a temperature and/or accompanied by behavior changes or other signs or symptoms until a medical evaluation indicating that the Youth can return to the Youth Program.
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(4) Employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any Participant after a communicable disease.
B. Program Employees will administer medication only if:
(1) Parent(s) complete and sign a Medicine Dispensation Form that provides authorization for Employees to dispense medication with details as to time(s) and dosage(s).
(2) Prescription medications are in original containers labeled with the Youth’s name, a date, directions, and the prescribing physician's name. Employees will administer the medication only as stated on the label. Employees will not administer medication after the expiration date.
(3) Non‐prescription medications are labeled with the Youth’s name and the date the medication was brought to the Youth Program. Non‐ prescription medication must be in the original container. The Employees will administer non‐prescription medications only according to label direction.
(4) Medications dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program Employees.
(5) Program Employees must ensure medications are inaccessible to Participants.
C. Toilet Facilities
(1) The Program Site will have adequate indoor toilets and lavatories located and equipped so Youth can use them independently and Program Employees can supervise as needed. (2) There must be one (1) flush toilet for every thirty (30) participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed fifty percent (50%) of the total number of toilets.
D. Sanitation
(1) The Program Site must have adequate light, ventilation, and heat.
(2) The Program Site must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the Participants in a safe and sanitary manner.
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(3) Program Employees must see that garbage is removed from buildings daily.
Participants
1. General
A. All Participants must wear tennis shoes daily. Sandals or thongs are not permitted unless approved by Program Employees on certain occasions.
B. Shoes must be worn at all times, unless the Youth is in the swimming pool or participating in an activity that requires shoes to not be worn.
C. Youth must respect the Employees, the Program Site, Program Rules, and each other.
D. Youth may not use the Youth Programs telephone unless it is an emergency with the permission of a Program Employee.
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Parks, Arts and Library Services (PALS) Board Meeting Minutes ATTACHMENT 2 November 1, 2012 ______DRAFT_
I. REGULAR ITEM - OPEN PUBLIC HEARING – 6:57 P.M.
3. Public Hearing to consider recommending for Town Council consideration, Standards of Care for Youth Recreation Programs operated by the Town, in accordance with the Texas Human Resources Code – 42.041 and to adopt an ordinance providing for said Standards.
Chuck Jennings, Recreation Superintendent said that this is the third time staff has appeared before the Board with this request for Standards of Care for Youth Recreation Programs operated by the Town. The first time was to actually develop the Ordinance and get it approved and get the exemption. We did get our exemption but as a part of the State’s requirement for the exemption, it is necessary for the Town to hold a public hearing on an annual basis on the Standards of Care and the Town Council will formally adopt them as part of an ordinance. Because of legislation in the State of Texas which states that “No person may operate a child care facility or child placing agency without a license issued by the Department of Family and Protective Services or have a certificate to operate under accreditation;” and since we operate an elementary age recreation program, such as the camps, we have to ask for an exemption from the State which means we have to meet certain criteria such as annually adopting the Standards of Care by Ordinance after a public hearing so tonight we are meeting that requirement. The Standards of Care is provided to the parents of each program participant by letting them know there is one and that there is a website where they can go to read it. It is quite lengthy so we do not print a copy for each person but we let them know where they can go to read or print a copy if they wish to. The Ordinance includes at a minimum staffing ratios, staff qualifications, facility, health and safety standards and mechanisms for monitoring and enforcing the adopted local standards. The parents need to be informed that this program is not operated or advertised as a licensed child care facility. It was on December 19, of 2011 last year, that the Town Council adopted the Standards of Care and staff plans to present it to Town Council on December 17, of this year so they can again adopt it by ordinance. He briefly explained the various camps and the times they are held. Board member Weir asked Mr. Jennings, when he says background checks are done, what does he mean by background checks. Mr. Jennings said these people become Town employees and it is required that Human Resources conduct background checks and if any issues arise as a result, staff will be informed of the issue and based on this staff will make a decision if the person is hireable or not, this also applied to the babysitting volunteers we had at the building of Ft. Wildflower. Chair Board Krueger said that a part of this Standards of Care requires a ratio of children to adult supervision. Mr. Jennings said yes, but these are minimum standards but the Town goes above and beyond these minimum standards. Gary Sims added that he wanted to highlight that it was not meeting minimum standards but the Town exceeds the required standards, but this is just the basis on which the program is developed.
Page 1 of 2 Page 53 of 230
Parks, Arts and Library Services (PALS) Board Meeting Minutes ATTACHMENT 2 November 1, 2012 ______DRAFT_
Chair Board Krueger asked if staff has experienced any issues since this program has been in place for the past three years. Mr. Jennings said “no”. He added that the Town has been doing camps a long time ago beyond the three years the Standards of Care has been adopted and was already exceeding the rules outlined. Vice Chair Miller asked if there was a difficulty in finding qualified workers due to the rigorous background testing of prospective employees. The response was no. Mr. Jennings added that fortunately, in Flower Mound there is a great pool of youth, college kids and some teachers who come back to serve as directors so there has been no issues with finding qualified staff. Vice Chair Ron Miller moved to approve for Town Council consideration, Standards of Care for Youth Recreation Programs operated by the Town, in accordance with the Texas Human Resources Code - Section 42.041 and to adopt an ordinance providing for said Standards. Board Member Annette Weir seconds the motion.
VOTE ON THE MOTION AYES: Farley, Lumpkins, Miller, Weir, Jones NAYS: None
J. CLOSE PUBLIC HEARING – 7:44 P.M.
Page 2 of 2 Page 54 of 230
Attachment 3
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CONIMISSIONER Anne Heiligenstein
February 11,2011
Town of Flower Mound Parks and Recreation Attn: Chuck Jennings 2121 Cross Timbers Rd. Flower Mound, TX 75028
Operation #1289886 Town of Flower Mound Parks and Recreation
Dear Mr.Jennings:
Child Care Licensing has received your exemption request for Town of Flower Mound Parks and Recreation Holiday Camp, Summer Day Camp, Spring Break Camp and Adventure Camp located at 1200 Gerault Rd., Flower Mound, TX 75028.
This program is exempt from licensure under Texas Administrative Code 745.115(3) a recreation program for elementary age (5-13 years) children with the following criteria:
(A) Amunicipality operates the program; (B) The governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs; (C) The program provides these standards to the parents of each program participant; (D) The ordinances include child/caregiver ratios, minimum employee qualifications, minimum building, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; (E) The program informs the parents that the state does not license the program; and (F) The program does not advertise itself as a child-care operation.
Should you decide to change your program, you must contact me to determine ifthe changes willeffect your exempt status. Though this exemption requires you to annually adopt the standards of care; ifyour program and location does not change there is no need to resubmit an exemption request every year.
We appreciate your cooperation. Please feel free to contact me ifyou have any questions.
Child—CareLicensing 1200 E COPELAND RD STE 400 .A RLINGTON, TX 76011 Page 55 of 230
Attachment 3
Townof Fbwer Mound 2OllFebruaryll Parke and Raueation 1Page 2
Sincerebc
CONNIEPRESLEY ProgramSpecialist (817)7924536
anwau 12008 COPELANDRD8Th 400,ARLINGTON,fl 76011 Page 56 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 4 December 17, 2012
[X] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Mark Wood, Director of Economic Development
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Chuck Springer, Interim Town Manager
ITEM: Consider approval of the 2012 Annual Report for the Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) in accordance with Chapter 311 of the Texas Tax Code.
[ ] Ordinance [ ] Resolution [X] Motion [ ] Direction
I. SUMMARY:
The purpose of this item is to consider approval of the 2012 Annual Report for the TIRZ #1 in accordance with Chapter 311 of the Texas Tax Code.
II. BACKGROUND INFORMATION:
On September 19, 2005, the Flower Mound Town Council established the TIRZ #1 by creating the zone, a Board of Directors, and a TIRZ fund. At the November 26, 2012, TIRZ #1 Board meeting, the Board voted unanimously to approve the 2012 Annual Report.
The Annual Report provides a summary of the action steps taken by the Board of Directors and the Town Council for fiscal year 2011-2012. It also outlines the net taxable value and captured appraised value within the zone as well as the increment for fiscal year 2011-2012, which is $1,689,523.
In 2012, the Town completed construction of Dixon Lane, which is now a four- lane divided concrete road from Chinn Chapel to Crestside. Also, design work for Chinn Chapel, from FM 407 to Waketon, is nearing completion and construction is anticipated to begin in 2013. Further, included in the approved FY 2012-2013 budget is a $100,000 decision package within the TIRZ fund for a feasibility study for the expansion of the Senior Center and Town Hall on the current site.
The Annual Report is required by law to be filed annually with Denton County and the Comptroller of Public Accounts in Austin before the 90th day following the end of the fiscal year, which would be on or before December 30, 2012.
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III. FISCAL IMPACT:
N/A
IV. LEGAL REVIEW:
N/A
V. ATTACHMENTS:
1. 2012 Annual Report
VI. RECOMMENDED MOTION OR ACTION:
Move to approve the 2012 Annual Report for the Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) in accordance with Chapter 311 of the Texas Tax Code.
Page 58 of 230
ATTACHMENT 1
Town of Flower Mound, Texas
Tax Increment Reinvestment Zone #1 (TIRZ #1)
ANNUAL REPORT
2012
Flower Mound TIRZ #1 Annual Report 2012 -1-
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Town of Flower Mound, Texas Tax Increment Reinvestment Zone #1
As of September 30, 2012
INDEX
1) Cover
2) Index
3) Year End Summary of Meetings/Town Council/Board Actions
4) Public Infrastructure/Building Projects
5) Capital Improvement Plan Budget
6) Budget vs. Expenditures
7) TIRZ Fund
8) Annual Report
Flower Mound TIRZ #1 Annual Report 2012 -2- Page 60 of 230
Town of Flower Mound, Texas Tax Increment Reinvestment Zone #1
As of September 30, 2012
YEAR END SUMMARY OF MEETINGS/TOWN COUNCIL/BOARD ACTIONS
During the period from October 1, 2011, through September 30, 2012, the Town of Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) Board of Directors met on one occasion – December 5, 2011, to approve the 2011 Annual Report and minutes from the 2010 TIRZ board meeting as well as discuss the TIRZ Project Plan.
Board members have been appointed and are: Town—Bill Collins, Jim Robertson, Bryan Webb and County—Larry Lipscomb and Robert Rose. Ex-Officio members are Mayor Tom Hayden and Interim Town Manager Chuck Springer.
During the period from October 1, 2011, through September 30, 2012, the Flower Mound Town Council took the following action: At its meeting on December 19, 2011, the Town Council appointed Bill Collins, Jim Robertson, and Tom Hayden to the Board of Directors for the Tax Increment Reinvestment Zone #1 with terms ending December 31, 2013. At its meeting on December 19, 2011, the Town Council approved the 2011 Annual Report for the Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) in accordance with Chapter 311 of the Texas Tax Code. At its meeting on June 4, 2012, the Town Council appointed Bryan Webb to the Board of Directors for the Tax Increment Reinvestment Zone #1 with a term ending December 31, 2013. At its meeting on June 4, 2012, the Town Council appointed Jim Robertson as chairman to the Board of Directors for the Tax Increment Reinvestment Zone #1 for a one year term ending December 31, 2012.
Flower Mound TIRZ #1 Annual Report 2012 -3- Page 61 of 230
Town of Flower Mound, Texas Tax Increment Reinvestment Zone #1
As of September 30, 2012
PUBLIC INFRASTRUCTURE/BUILDING PROJECTS
2012
The Town of Flower Mound has completed construction of Dixon Lane, between Chinn Chapel and Crestside Drive. The former two-lane asphalt roadway is now a four-lane concrete road. A ribbon-cutting ceremony was held to mark the completion of the project and the opening of the road on February 20, 2012.
The Town Council approved a Professional Services Agreement with Teague, Nall and Perkins on August 16, 2010, to provide engineering design services for Chinn Chapel. Design work for Chinn Chapel, from FM 407 to Waketon, is nearing completion. The Town anticipates construction will begin in 2013.
The Town Council approved the FY 2012-2013 budget on September 17, 2012. Included in the approved budget is a $100,000 decision package in the TIRZ fund for a feasibility study for the expansion of the Senior Center and Town Hall on the current site.
Flower Mound TIRZ #1 Annual Report 2012 -4- Page 62 of 230
Town of Flower Mound, Texas Tax Increment Reinvestment Zone #1
As of September 30, 2012
CAPITAL IMPROVEMENT PLAN BUDGET
Project Estimated Cost STREETS Dixon Lane (Chinn Chapel to Crestside) $2,798,981 Chinn Chapel (FM 407 to Dixon) 1,387,500 Chinn Chapel (Dixon to Waketon) 1,712,500 Waketon Road (Rippy to Chinn Chapel) 400,000 College Parkway (FM 2499 to Rippy) 800,000 Rippy Road (FM 2499 to Waketon) 2,115,000 Churchill (East end to Yucca) 560,000 Local Commercial ring road (FM 407 to Dixon) 0 Subtotal $9,773,981 SIGNALS College Parkway at FM 2499 $150,000 Windsor at FM 2499 0 Local Commercial ring road at FM 407 0 Subtotal $150,000 WATER FM 2499 west side from FM 1171 to Dixon $1,175,000 FM 407 from FM 2499 to Country Meadows Addition 557,000 FM 2499 east side from Waketon to Valley Creek Church 145,000 Subtotal $1,877,000 WASTEWATER FM 2499 east side from Valley Creek Church to Dixon $0 FM 407 from FM 2499 to County Meadows Addition 0 Subtotal $0 FACILITIES Town Hall $12,000,000 Senior Citizen Activity Center 8,000,000 Performing Arts Auditorium 10,000,000 Subtotal $30,000,000 PARKS Timber Trails Park $200,000 Hike and Bike Trails 400,000 Subtotal $600,000
Improvements in Forum (Riverwalk) area $5,000,000 Subtotal $5,000,000
Other Projects $1,299,019
TOTAL $48,700,000
Flower Mound TIRZ #1 Annual Report 2012 -5- Page 63 of 230
Town of Flower Mound, Texas Tax Increment Reinvestment Zone #1
As of September 30, 2012
BUDGET VS EXPENDITURES
Project Current Expended Remaining Budget Costs to Date Balance STREETS Dixon Lane (Chinn Chapel to Crestside) $2,798,981 $2,685,267 $113,714 Chinn Chapel (FM 407 to Dixon) 1,387,500 310,378 1,077,122 Chinn Chapel (Dixon to Waketon) 1,712,500 0 1,712,500 Waketon Road (Rippy to Chinn Chapel) 400,000 0 400,000 College Parkway (FM 2499 to Rippy) 800,000 0 800,000 Rippy Road (FM 2499 to Waketon) 2,115,000 0 2,115,000 Churchill (East end to Yucca) 560,000 0 560,000 Local Commercial ring road (FM 407 to Dixon) 0 0 0 Subtotal $9,773,981 $2,995,645 $6,778,336 SIGNALS College Parkway at FM 2499 $150,000 0 $150,000 Windsor at FM 2499 0 0 0 Local Commercial ring road at FM 407 0 0 0 Subtotal $150,000 $0 $150,000 WATER FM 2499 west side from FM 1171 to Dixon $1,175,000 $0 $1,175,000 FM 407 from FM 2499 to Country Meadows Addition 557,000 249,064 307,936 FM 2499 east side from Waketon to Valley Creek Church 145,000 0 145,000 Subtotal $1,877,000 $249,064 $1,627,936 WASTEWATER FM 2499 east side from Valley Creek Church to Dixon $0 $0 $0 FM 407 from FM 2499 to County Meadows Addition 0 0 0 Subtotal $0 $0 $0 FACILITIES Town Hall $12,000,000 $0 $12,000,000 Senior Citizen Activity Center 8,000,000 0 8,000,000 Performing Arts Auditorium 10,000,000 0 10,000,000 Subtotal $30,000,000 $0 $30,000,000 PARKS Timber Trails Park $200,000 $0 $200,000 Hike and Bike Trails 400,000 0 400,000 Subtotal $600,000 $0 $600,000
Improvements in Forum (Riverwalk) area $5,000,000 $0 $5,000,000 Subtotal $5,000,000 $0 $5,000,000
Other Projects $1,299,019 $0 $1,299,019
TOTAL $48,700,000 $3,244,709 $45,455,291 Flower Mound TIRZ #1 Annual Report 2012 -6- Page 64 of 230
Town of Flower Mound, Texas Tax Increment Reinvestment Zone #1
As of September 30, 2012 *
TIRZ FUND
CAPITAL DEBT PROJECTS SERVICE TOTAL
Beginning Balance: October 1, 2011 $3,427,176 $ 0 $3,427,176
Revenues: Property Tax $1,689,523 $ 0 $1,689,523 Interest $11,908 $ 0 $11,908 TOTAL REVENUES $1,701,431 $ 0 $1,701,431
Expenditures: Land Purchases $233,226 $ 0 $233,226 Professional Services $92,188 $ 0 $92,188 Construction/Improvements $374,636 $ 0 $374,636 TOTAL EXPENDITURES $700,050 $ 0 $700,050
Ending Balance: September 30, 2012 $4,428,557 $ 0 $4,428,557
* Unaudited, subject to change.
Flower Mound TIRZ #1 Annual Report 2012 -7- Page 65 of 230
Town of Flower Mound, Texas Tax Increment Reinvestment Zone #1
As of September 30, 2012
ANNUAL REPORT
Chapter 311.016 of V.C.T.A. requires the following information as part of the annual report on the status of the TIRZ District. Information is contained in detail on the attached financial statements.
1. Amount and source of revenue in the tax increment fund established for the zone:
$1,701,431 Total Revenue 2. Amount and purpose of expenditures from the fund: $700,050 Total Expenditures 3. Amount of Principal and Interest due on outstanding indebtedness is as follows:
I. Contributions /Advances from developers—none. II. Bonds issued and payment schedule to retire bonds—none.
4. Tax Increment base and current captured appraised value retained by the zone:
Taxing Net Taxable Base Year* Captured App. Value Jurisdiction Fiscal Year Value Value Fiscal Year 2011 - 2012 Jan 1, 2005 2011 - 2012 Town of Flower Mound $455,928,159 $228,290,889 $227,637,270 Denton County $496,122,405 $229,382,705 $266,739,700
5. Captured appraised value by the municipality and other taxing units, the total amount of the tax increment received, and any additional information necessary to demonstrate compliance with the tax increment financing plan adopted by the governing body of the municipality.
A. Captured appraised value shared by the municipality and other participating taxing jurisdictions received in Fiscal Year 2011-2012:
Taxing Participation Amount of Jurisdiction Per $100/Value 2011-2012 Increment Town of Flower Mound (100%) $ 0.449700 $1,023,684 Denton County (90%) $ 0.277357 $665,839 Total $ 0.727057 $1,689,523
B. Amount of tax increment received in 2012 from the municipality and the other taxing jurisdictions based on 2011 valuations: $1,689,523
C. Other information: None
* Base Year Value as of January 1, 2005 is for Fiscal Year 2005-2006. Flower Mound TIRZ #1 Annual Report 2012 -8-
Page 66 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 5 December 17, 2012
[X] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Adrienne Lothery, Budget & Grants Manager
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Chuck Springer, Interim Town Manager
ITEM: Consider approval of an ordinance amending the Town of Flower Mound’s Annual Budget for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012, as adopted by Ordinance No. 52-11, and amended by Ordinance Nos. 63-11, 05-12, and 34-12, for adjustments to the General Fund, Utility Fund, and the General Debt Service Fund.
[ X ] Ordinance [ ] Resolution [ ] Motion [ ] Direction
I. SUMMARY:
The attached budget amendment represents the final adjustment of the FY 2011-2012 Annual Budget. According to Section 9.14 of the Town Charter, “During the fiscal year, the Town Council shall have the power to transfer funds allocated by the budget from one department to another department, and to re- estimate revenues and expenditures.” Transfers such as these are presented to the Town Council throughout the fiscal year in an effort to resolve variances from the Annual Budget and reallocate resources to cover unanticipated expenditures.
II. BACKGROUND INFORMATION:
The year-end budget amendment request allows staff to adjust the financial reports to ensure that expenses do not exceed the approved budget at the departmental level. A discussion of the adjustments being requested in this budget amendment is provided below.
General Fund
Two departments: Community Relations and Non-Departmental Services require budget adjustments. Total General Fund expenditures are currently $266,198 below the FY 2011-2012 budgeted expenditures. (These numbers are preliminary and subject to audit adjustments.)
Page 67 of 230
The following department budgets will increase or decrease by the amounts listed:
Town Manager's Office $ - Legislative Services - Development Services - Community Services (245,000) P olice Services (85,000) F inancial Services (175,000) F ire and E mergency Services (385,000) Community Relations 30,000 Non-Departmental Services 860,000 Infras tructure Services - $ -
The Community Relations Department was above their budget due to salary expenses. The Non-Departmental Department was above their budget primarily due to increased funding for vehicle and equipment replacement. In prior years funding for the vehicle and equipment replacement was not made in order to meet fund balance reserve levels. The following table shows the required contribution amount needed to maintain an adequate balance for replacements compared to the actual amount transferred.
Contribution Requirement Transferred Variance FY 2002-2003$ 791,633 $ 15,714 $ 775,919 FY 2003-2004 784,645 9,780 774,865 FY 2004-2005 634,299 - 634,299 FY 2005-2006 623,050 1,257,349 (634,299) FY 2006-2007 585,777 585,777 - FY 2007-2008 742,009 742,009 - FY 2008-2009 745,143 745,143 - FY 2009-2010 771,732 771,732 - FY 2010-2011 831,449 1,618,536 (787,087) FY 2011-2012 884,978 1,648,675 (763,697) $ 7,394,715 $ 7,394,715 $ -
Utility Fund
In the Utility Fund, revenues will increase by $2,587,000 from $32,177,788 to $34,764,788. Two departments, Financial Services and Non-Departmental require budget adjustments.
In the Utility Fund, Water Sales revenue will increase due to usage above a normalized year. Page 68 of 230
In the Utility Fund, the Financial Services Department will increase by $80,000 from $1,268,308 to $1,348,308, the Non-Departmental Department expenditures will increase by $1,042,000 from $7,457,853 to $8,499,853, and the Infrastructure Services Department will decrease by $100,000 from $23,390,490 to $23,290,490. The Financial Services Department was above their budget due to accounting entries for inventory. The Non-Departmental Department was above their budget due to costs associated with the contested case hearing for Lake Ralph Hall and increased funding for vehicle and equipment replacement. In prior years funding for the vehicle and equipment replacement was not made in order to meet fund balance reserve levels. The following table shows the required contribution amount needed to maintain an adequate balance for replacements compared to the actual amount transferred.
Contribution Requirement Transferred Variance FY 2002-2003$ 168,652 $ - $ 168,652 FY 2003-2004 136,992 - 136,992 FY 2004-2005 157,038 - 157,038 FY 2005-2006 133,757 66,879 66,878 FY 2006-2007 116,458 - 116,458 FY 2007-2008 219,688 219,688 - FY 2008-2009 215,547 215,547 - FY 2009-2010 234,712 234,712 - FY 2010-2011 175,969 755,109 (579,140) FY 2011-2012 232,891 299,769 (66,878) $ 1,791,704 $ 1,791,704 $ -
General Debt Service Fund
In the General Debt Service Fund, revenues will increase by $4,492,121 from $8,400,925 to $12,893,046, and expenditures will increase by $4,658,105 from $8,416,643 to $13,074,748. In FY 2011-2012, the Town issued general obligation refunding bonds for the current refunding of a portion of the Town’s tax supported bond issues, lowering overall debt service requirements. The increase in revenue is due to the proceeds and the increase in expenditures is due to the refunding payment to escrow.
III. FISCAL IMPACT:
Proposed Revenues: In the Utility Fund, revenues will increase by $2,587,000 from $32,177,788 to $34,764,788.
Page 69 of 230
In the General Debt Service Fund, revenues will increase by $4,492,121 from $8,400,925 to $12,893,046.
Proposed Expenditures: In the General Fund, the following adjustments will be made:
In the Community Services Department, expenditures will decrease by $245,000 from $6,740,905 to $6,495,905.
In the Police Services Department, expenditures will decrease by $85,000 from $10,080,068 to $9,995,068.
In the Financial Services Department, expenditures will decrease by $175,000 from $7,689,052 to $7,514,052.
In the Fire and Emergency Services Department expenditures will decrease by $385,000 from $7,786,350 to $7,401,350.
In the Community Relations Department expenditures will increase by $30,000 from $656,975 to $686,975.
In the Non-Departmental Department, expenditures will increase by $860,000 from $2,945,238 to $3,805,238.
In the Utility Fund, the following adjustments will be made:
In the Financial Services Department expenditures will increase by $80,000 from $1,268,308 to $1,348,308.
In the Non-Departmental Department, expenditures will increase by $1,042,000 from $7,457,853 to $8,499,853.
In the Infrastructure Services Department, expenditures will decrease by $100,000 from $23,390,490 to $23,290,490.
Page 70 of 230
In the General Debt Service Fund, the following adjustments will be made:
Expenditures will increase by $4,658,105 from $8,416,643 to $13,074,748.
Finance Review by: Tammy Wilson, Director of Accounting and Budget
IV. LEGAL REVIEW:
Meredith Ladd, of Brown & Hofmeister, L.L.P., has reviewed this Ordinance as to form and legality.
V. ATTACHMENTS:
1. Proposed Ordinance
VI. RECOMMENDED MOTION OR ACTION:
Move to approve an ordinance amending the Town of Flower Mound’s Annual Budget for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012, as adopted by Ordinance No. 52-11, and amended by Ordinance Nos. 63-11, 05-12, and 34-12, for adjustments to the General Fund, Utility Fund, and General Debt Service Fund. Page 71 of 230
Attachment 1
TOWN OF FLOWER MOUND, TEXAS
ORDINANCE NO. _____
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE TOWN’S BUDGET FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2011, AND ENDING ON SEPTEMBER 30, 2012, AS ADOPTED BY ORDINANCE NO. 52-11, AND AMENDED BY ORDINANCE NOS. 63-11, 05-12, AND 34-12; FOR ADJUSTMENTS TO THE GENERAL FUND, UTILITY FUND, AND GENERAL DEBT SERVICE FUND; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET, AS AMENDED; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Flower Mound has heretofore adopted its Annual Budget for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012; and
WHEREAS, said Annual Budget was adopted by Ordinance No. 63-11 on September 19, 2011, and amended by Ordinance Nos. 63-11, 05-12, and 34-12; and after approval of said Ordinances, unexpected needs have arisen which require amendment of the Annual Budget adopted thereby.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, THAT:
SECTION 1
The Annual Budget of the Town of Flower Mound, Texas, for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012, as heretofore adopted by Ordinance No. 63-11 and amended by Ordinance Nos. 63-11, 05-12, and 34-12, is hereby amended to provide for adjustments to the General Fund, Utility Fund, and General Debt Service Fund, as shown in Exhibit “A,” attached hereto and incorporated herein.
SECTION 2
The expenditures and amendments authorized by this Ordinance are necessary to meet unusual and/or unforeseen conditions or circumstances that could not have been included in the original budget through the use of reasonably diligent thought and attention.
Page 72 of 230
Attachment 1
ORDINANCE NO. PAGE 2
SECTION 3
All ordinances, orders, or resolutions heretofore passed and adopted by the Town Council of the Town of Flower Mound, Texas, are hereby repealed to the extent that said ordinances, orders or resolutions, or parts thereof, are in conflict herewith.
SECTION 4
It is hereby declared to be the intention of the Town Council of the Town of Flower Mound that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council of the Town of Flower Mound, Texas, without incorporation in this Ordinance of such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5
This Ordinance shall take effect and be in full force from and after its passage and adoption.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, BY A VOTE OF TO , ON THIS 17th DAY OF DECEMBER, 2012.
APPROVED:
Thomas E. Hayden, MAYOR
ATTEST:
Page 73 of 230
Attachment 1
______Theresa Scott, TOWN SECRETARY
ORDINANCE NO. PAGE 3
APPROVED AS TO FORM AND LEGALITY:
______Terrence S. Welch, TOWN ATTORNEY
STATE OF TEXAS § § COUNTY OF DENTON §
BEFORE ME, ______, Notary Public, on this day personally appeared Thomas E. Hayden, the Mayor of the Town of Flower Mound, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this _____ day of ______, 2012.
______NOTARY PUBLIC in and for the State of Texas
My Commission Expires:______
Page 74 of 230
Attachment 1
EXHIBIT “A”
Town of Flower Mound Amended Budget Fiscal Year 2011-2012
REASON FOR ADJUSTING THE GENERAL FUND APPROPRIATION:
Two departments: Community Relations and Non-Departmental Services require budget adjustments. Total General Fund expenditures are currently $266,198 below the FY 2011- 2012 budgeted expenditures. (These numbers are preliminary and subject to audit adjustments.)
The following department budgets will increase or decrease by the amounts listed:
Town Manager's Office $ - Legislative Services - Development Services - Community Services (245,000) P olice Services (85,000) F inancial Services (175,000) F ire and E mergency Services (385,000) Community Relations 30,000 Non-Departmental Services 860,000 Infras tructure Services - $ -
The Community Relations Department was above their budget due salary expenses. The Non-Departmental Department was above their budget primarily due to increased funding for vehicle and equipment replacement. In prior years funding for the vehicle and equipment replacement was not made in order to meet fund balance reserve levels.
Page 75 of 230
Attachment 1
Original Current Amended Increase / General Fund Budget Budget Budget (Decrease)
Expenditures: Town Manager's Office$ 634,362 $ 636,748 $ 636,748 $ - Legislative Services$ 422,580 $ 424,381 $ 424,381 $ - Development S ervices$ 1,498,696 $ 1,522,318 $ 1,522,318 $ - Community S ervices$ 7,884,152 $ 6,740,905 $ 6,495,905 $ (245,000) P olice S ervices$ 9,943,569 $ 10,080,068 $ 9,995,068 $ (85,000) F inancial S ervices$ 7,621,649 $ 7,689,052 $ 7,514,052 $ (175,000) F ire and E mergency S ervices$ 7,686,946 $ 7,786,350 $ 7,401,350 $ (385,000) Community R elations$ 646,469 $ 656,975 $ 686,975 $ 30,000 Non-Departmental Services $ 2,828,125 $ 2,945,238 $ 3,805,238 $ 860,000 Infrastructure Services $ 3,188,624 $ 4,433,137 $ 4,433,137 $ - To ta l $ 42,355,172 $ 42,915,172 $ 42,915,172 $ - REASON FOR ADJUSTING THE UTILITY FUND APPROPRIATION:
In the Utility Fund, revenues will increase by $2,587,000 from $32,177,788 to $34,764,788. Two departments, Financial Services and Non-Departmental require budget adjustments.
In the Utility Fund, Water Sales revenue will increase due to usage above a normalized year.
In the Utility Fund, the Financial Services Department will increase by $80,000 from $1,268,308 to $1,348,308, the Non-Departmental Department expenditures will increase by $1,042,000 from $7,457,853 to $8,499,853, and the Infrastructure Services Department will decrease by $100,000 from $23,390,490 to $23,290,490. The Financial Services Department was above their budget due to accounting entries for inventory. The Non-Departmental Department was above their budget due to costs associated with the contested case hearing for Lake Ralph Hall and increased funding for vehicle and equipment replacement. In prior years funding for the vehicle and equipment replacement was not made in order to meet fund balance reserve levels.
Original Current Amended Increase / Utility Fund Budget Budget Budget (Decrease)
Revenues: Charges for Current S ervices$ 32,088,788 $ 32,088,788 $ 34,675,788 $ 2,587,000 Interest R evenue$ 10,000 $ 10,000 $ 10,000 $ - Other Revenue$ 79,000 $ 79,000 $ 79,000 $ - To ta l $ 32,177,788 $ 32,177,788 $ 34,764,788 $ 2,587,000
Expenditures: F inancial S ervices$ 1,258,621 $ 1,268,308 $ 1,348,308 $ 80,000 Non-Departmental Services$ 7,531,667 $ 7,457,853 $ 8,499,853 $ 1,042,000 Infrastructure Services$ 23,326,363 $ 23,390,490 $ 23,290,490 $ (100,000) To ta l $ 32,116,651 $ 32,116,651 $ 33,138,651 $ 1,022,000 Page 76 of 230
Attachment 1
REASON FOR ADJUSTING THE GENERAL DEBT SERVICE FUND APPROPRIATION:
In the General Debt Service Fund, revenues will increase by $4,492,121 from $8,400,925 to $12,893,046, and expenditures will increase by $4,658,105 from $8,416,643 to $13,074,748. In FY 2011-2012, the Town issued general obligation refunding bonds for the current refunding of a portion of the Town’s tax supported bond issues, lowering overall debt service requirements. The increase in revenue is due to the proceeds and the increase in expenditures is due to the refunding payment to escrow.
Original Current Amended Increase / General Debt Service Fund Budget Budget Budget (Decrease)
Revenues: General Debt S ervice$ 8,400,925 $ 8,400,925 $ 12,893,046 $ 4,492,121 To ta l $ 8,400,925 $ 8,400,925 $ 12,893,046 $ 4,492,121
Expenditures: General Debt S ervice$ 8,416,643 $ 8,416,643 $ 13,074,748 $ 4,658,105 To ta l $ 8,416,643 $ 8,416,643 $ 13,074,748 $ 4,658,105 Page 77 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 6 December 17, 2012
[X] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Adrienne Lothery, Budget & Grants Manager
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Chuck Springer, Interim Town Manager
ITEM: Town Council acting as the Board of Directors for the Town of Flower Mound Crime Control and Prevention District to consider approval of a resolution amending the Town of Flower Mound Crime Control and Prevention District budget for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012, as adopted by Resolution No. 26-11 and amended by Resolution No. 12-12.
[ ] Ordinance [ X ] Resolution [ ] Motion [ ] Direction
I. SUMMARY:
At the March 3, 2008 Town Council meeting, the Town Council acting as the Board of Directors for the Town of Flower Mound Crime Control and Prevention District (“Crime District”), adopted alternative budget procedures for the Crime District which follows similar procedures and dates as the Town’s annual budget.
The attached budget amendment represents an adjustment of the FY 2011- 2012 Crime District Budget. According to Section 12 of Resolution No. 06-08, “During the fiscal year, the Town Council shall have the power to transfer funds allocated by the budget from one department to another department, and to re- estimate revenues and expenditures.”
II. BACKGROUND INFORMATION:
The year-end budget amendment request allows staff to adjust the financial reports to ensure that expenses do not exceed the approved budget.
The Crime District Fund, revenues will increase by $185,000 from $1,772,742 to $1,957,742 and expenditures will increase by $10,000 from $1,708,076 to $1,718,076. The revenue increase is due to higher than expected dedicated sales tax revenue in FY 2011-2012. The expenditure increase is due to salary costs.
Page 78 of 230
III. FISCAL IMPACT:
Proposed Revenues: In the Crime District Fund, revenues will increase by $185,000 from $1,772,742 to $1,957,742.
Proposed Expenditures: In the Crime District Fund, expenditures will increase by $10,000 from $1,708,076 to $1,718,076.
Finance Review by: Tammy Wilson, Director of Accounting and Budget
IV. LEGAL REVIEW:
Meredith Ladd, of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality.
V. ATTACHMENTS:
1. Proposed Resolution
VI. RECOMMENDED MOTION OR ACTION:
The Town Council acting, as the Board of Directors for the Town of Flower Mound Crime Control and Prevention District, moves to approve a resolution amending the Town of Flower Mound Crime Control and Prevention District budget for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012, as adopted by Resolution No. 26-11 and amended by Resolution No. 12-12. Page 79 of 230
Attachment 1
TOWN OF FLOWER MOUND, TEXAS
RESOLUTION NO. _____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, ACTING AS THE BOARD OF DIRECTORS OF THE TOWN OF FLOWER MOUND CRIME CONTROL AND PREVENTION DISTRICT, AMENDING THE BUDGET FOR THE TOWN OF FLOWER MOUND CRIME CONTROL AND PREVENTION DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, AS ADOPTED BY RESOLUTION NO. 26-11 AND AMENDED BY RESOLUTION NO. 12-12; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Town Council, acting as the Board of Directors of the Town of Flower Mound Crime Control and Prevention District (“Crime District”), has adopted procedures for adopting and amending a budget for the Crime District that are different from the procedures for a local government outlined in Texas Local Government Code Section 363.204, as permitted by such section; and
WHEREAS, the Town Council, acting as the Board of Directors of the Crime District, in accordance with the procedures adopted therefore, adopted a budget to cover all proposed expenditures of the Crime District for the fiscal year beginning October 1, 2011, and ending September 30, 2012 (“Crime District Budget”); and
WHEREAS, said Crime District Budget was adopted by Resolution No. 26-11 on September 19, 2011, and amended by Resolution 12-12, and after approval of said Resolutions, unexpected needs have arisen which require amendment of the Crime District Budget adopted thereby.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, ACTING AS THE BOARD OF DIRECTORS OF THE TOWN OF FLOWER MOUND CRIME CONTROL AND PREVENTION DISTRICT, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual determinations of the Town of Flower Mound and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety.
Page 80 of 230
RESOLUTION NO. PAGE 2
SECTION 2
The Crime District Budget, for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012, as heretofore adopted by Resolution No. 26- 11 and amended by Resolution 12-12, is hereby amended to provide for adjustments as shown in Exhibit “A”, attached hereto and incorporated herein.
SECTION 3
The expenditures and amendments authorized by this Resolution are necessary to meet unusual and/or unforeseen conditions or circumstances that could not have been included in the original budget through the use of reasonably diligent thought and attention.
SECTION 4
The Town Manager shall file or cause to be filed two (2) true and correct copies of said amended budget, along with this Resolution, with the Town Secretary, who shall file or cause to be filed one (1) true and correct copy of same in the office of the County Clerk of Denton County, Texas.
SECTION 5
If any section, paragraph, sentence, clause, phrase, or word in this Resolution, or application thereof by any persons or circumstances is held invalid in any Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the Town Council acting as the Board of Directors of the Crime District hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6
This Resolution shall take effect and be in full force from and after its passage and adoption.
Page 81 of 230
RESOLUTION NO. PAGE 3
DULY PASSED, APPROVED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, ACTING AS THE BOARD OF DIRECTORS FOR THE TOWN OF FLOWER MOUND CRIME CONTROL AND PREVENTION DISTRICT BY A VOTE OF ______TO ______ON THIS 17th DAY OF DECEMBER, 2012.
APPROVED:
______Thomas E. Hayden, MAYOR
ATTEST:
______Theresa Scott, TOWN SECRETARY
APPROVED AS TO FORM AND LEGALITY:
______Terrence S. Welch, TOWN ATTORNEY
Page 82 of 230
RESOLUTION NO. PAGE 4
EXHIBIT “A”
Town of Flower Mound Crime Control and Prevention District Amended Budget Fiscal Year 2011-2012
REASON FOR ADJUSTING THE CRIME DISTRICT FUND APPROPRIATION:
The Crime District Fund, revenues will increase by $185,000 from $1,772,742 to $1,957,742 and expenditures will increase by $10,000 from $1,708,076 to $1,718,076. The revenue increase is due to higher than expected dedicated sales tax revenue in FY 2011-2012. The expenditure increase is due to salary costs.
Original Current Amended Increase / Crime District Fund Budget Budget Budget (Decrease)
Revenues: Taxes$ 1,683,638 $ 1,772,592 $ 1,957,592 $ 185,000 Interest Revenue$ 150 $ 150 $ 150 $ - To ta l $ 1,683,788 $ 1,772,742 $ 1,957,742 $ 185,000
Expenditures: P olice S ervices$ 1,619,122 $ 1,708,076 $ 1,718,076 $ 10,000 To ta l $ 1,619,122 $ 1,708,076 $ 1,718,076 $ 10,000
Page 83 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 7 December 17, 2012
[ X ] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Edith Marvin, P.E., Town Engineer
THROUGH: Chuck Springer, Interim Town Manager Kent Collins, P.E., Assistant Town Manager
PRESENTER: Kent Collins, P.E., Assistant Town Manager
ITEM: Consider approval of an agreement with Innovative Transportation Solutions, Inc., to provide professional transportation services in the amount of $75,000.00, and authorization for the Mayor to execute same on behalf of the Town.
[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction
I. SUMMARY:
The transportation services agreement sets forth the terms, scope of services, and compensation in the amount of $75,000.00 annually, between Innovative Transportation Solutions, Inc., (ITS) and the Town of Flower Mound. John Polster is the Town’s primary point of contact from ITS. They have been instrumental in securing external funding for Town transportation projects.
II. BACKGROUND INFORMATION:
The scope of services identified in the attached agreement includes pursuing all transportation issues identified by the Town with an emphasis on funding issues affecting the Town. The scope of services is included as an attachment to the professional services agreement.
As indicated in the agreement, the Town would provide compensation to ITS in the amount of $6,250.00 per month for unlimited transportation services. The term of the contract is for one year with a one year renewal option.
III. FISCAL IMPACT:
Proposed Expenditure: $75,000.00
Proposed Funding: Account No./Description Amount 505-790-99990 $75,000.00
Sufficient funds are available in this account to make this expenditure. Upon approval of this item the remaining balance in this account will be $4,874.68. Page 84 of 230
Funding for future years is subject to appropriations granted in those years.
Finance Review by: Tammy Wilson, Director of Accounting & Budget
IV. LEGAL REVIEW:
Alan Lathrom, of Brown & Hofmeister, L.L.P., has reviewed the Professional Services Agreement as to form and legality.
V. ATTACHMENTS:
1. Professional Services Agreement
VI. RECOMMENDED MOTION OR ACTION:
Move to approve an agreement with Innovative Transportation Solutions, Inc., to provide professional transportation services in the amount of $75,000.00, and authorize the Mayor to execute same on behalf of the Town. Page 85 of 230 Attachment 1
THE STATE OF TEXAS § Professional Services Contract COUNTY OF DENTON § with Innovative Transportation Solutions, Inc.
THIS CONTRACT is entered into on this ______day of ______, 20 , by and between the TOWN OF FLOWER MOUND, TEXAS, a municipal corporation located in Denton County, Texas, (hereinafter referred to as “TOWN”), acting by and through its Town Manager or his designee, and INNOVATIVE TRANSPORTATION SOLUTIONS, INC. (“hereinafter referred to as “CONSULTANT”) whose address is 2701 Valley View Lane, Farmers Branch, Texas 75234.
W I T N E S S E T H :
WHEREAS, TOWN desires to obtain professional services from CONSULTANT for professional transportation consulting services; and
WHEREAS, CONSULTANT is a transportation consulting firm qualified to provide such services and is willing to undertake the performance of such services for TOWN in exchange for fees hereinafter specified; NOW, THEREFORE,
THAT IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows:
I. Employment of Consultant
CONSULTANT will perform as an independent contractor all services under this Contract to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the transportation consulting professions, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If CONSULTANT is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONSULTANT agrees to perform those special expertise services to the appropriate local, regional and national professional standards.
II. Scope of Services
CONSULTANT shall perform such services as are necessary to provide professional transportation services specifically including, but not necessarily limited to, the tasks enumerated more fully in Attachment “A” hereto entitled Page 86 of 230 Attachment 1
“Scope of Work” (hereafter referred to as the “Project”). Attachment “A” is hereby incorporated herein by reference and made a part hereof as if written word for word. However, in case of conflict in the language of Attachment “A” and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto.
III. Payment for Services
Total payment for services described herein shall be a sum not to exceed Seventy-Five Thousand and No/100 Dollars ($ 75,000.00) per year. This total payment for services includes CONSULTANT’s ordinary expenses.
CONSULTANT will bill TOWN on a monthly basis in accordance with Attachment “B”; provided however that this Contract shall control in the event of any conflict between the language in Attachment “B” and the language in this Contract. If additional services, trips or expenses are requested, CONSULTANT will not provide such additional services until authorized by TOWN in writing to proceed. The scope of services shall be strictly limited. TOWN shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless TOWN shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts.
Each month CONSULTANT will submit to TOWN an invoice supporting the work for which payment is sought. Within thirty (30) days of receipt of each such monthly invoice TOWN shall make monthly payments in the amount shown by CONSULTANT’s approved monthly statements and other documentation submitted.
Nothing contained in this Contract shall require TOWN to pay for any work that is unsatisfactory as determined by TOWN or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which TOWN may have if CONSULTANT is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default.
IV. Revisions of the Scope of Services
TOWN reserves the right to revise or expand the scope of services after due approval by TOWN as TOWN may deem necessary, but in such event TOWN shall pay CONSULTANT equitable compensation for such services. In any event, when CONSULTANT is directed to revise or expand the scope of services under this Section of the Contract, CONSULTANT shall provide TOWN
2 Page 87 of 230 Attachment 1
a written proposal for the entire costs involved in performing such additional services. Prior to CONSULTANT undertaking any revised or expanded services as directed by TOWN under this Contract, TOWN must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project.
It is expressly understood and agreed by CONSULTANT that any compensation not specified in Paragraph III herein above may require Flower Mound Town Council approval and is subject to the current budget year limitations.
V. Term
This Contract shall begin on the date first written above, and shall continue for a period of one year with one automatic one-year extension unless the TOWN otherwise terminates this Contract as provided herein.
VI. Contract Termination Provision
This Contract may be terminated at any time by TOWN for any cause by providing CONSULTANT thirty (30) days written notice of such termination. Upon receipt of such notice, CONSULTANT shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Contract and shall proceed to promptly cancel all existing contracts insofar as they are related to this Contract.
VII. Ownership of Documents
All materials and documents prepared or assembled by CONSULTANT under this Contract shall become the sole property of TOWN and shall be delivered to TOWN without restriction on future use. CONSULTANT may retain in its files copies of all drawings, specifications and all other pertinent information for the work. CONSULTANT shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract.
VIII. Insurance
A. CONSULTANT shall, at its own expense, purchase, maintain and keep in force during the term of this Contract such insurance as set forth below. CONSULTANT shall not commence work under this Contract until CONSULTANT has obtained all the insurance required under this Contract and
3 Page 88 of 230 Attachment 1
such insurance has been approved by TOWN, nor shall CONSULTANT allow any subcontractor to commence work on its own subcontract until all similar insurance of the subcontractor has been obtained and approved. All insurance policies provided under this Contract shall be written on an “occurrence” basis save and except the Professional Liability Insurance which may be written on a “claims-made” form provided that “tail coverage” or continuation coverage is provided as hereinafter required. The insurance requirements shall remain in effect throughout the term of this Contract.
The Consultant shall furnish to the Town of Flower Mound certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the Project and be addressed as follows:
Town of Flower Mound c/o Periculum Services Group Department 72 PO Box 257 Portland, MI 48875-0257
1. Worker's Compensation Insurance (as required by law) with the policy endorsed to provide a waiver of subrogation as to TOWN; Employers’ Liability Insurance of not less than $100,000.00 for each accident, $100,000.00 disease-each employee, $500,000.00 disease-policy limit.
2. Commercial General Liability Insurance including, but not limited to, Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractor's and Contractual Liability, covering but not limited to the indemnification provisions of this Contract, fully insuring CONSULTANT's liability for injury to or death of employees of TOWN and third parties, extended to include personal injury liability coverage and for damage to property of third parties, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $1,000,000 general aggregate per occurrence. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis.
3. Business Automobile Liability Insurance, covering owned, hired and non-owned vehicles, with a minimum combined bodily injury and property damage limit of $ 500,000.00 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000.00 bodily injury (per accident), and $100,000.00 for property damage.
4 Page 89 of 230 Attachment 1
4. Professional Liability Insurance: CONSULTANT shall obtain and maintain at all times during the prosecution of the work under this Contract professional liability insurance, which may be written on a claims made form provided that “tail coverage” or continuation coverage is provided as hereinafter required. Limits of liability shall be $1,000,000.00 per claim, $1,000,000.00 annual aggregate. The coverage under this policy shall include a contractual liability endorsement.
If any of the foregoing insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of the contract and acceptance by the TOWN. All such insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent.
B. Each insurance policy to be furnished by CONSULTANT shall include the following conditions by endorsement to the policy:
1. The TOWN shall be named as an additional insured on the Commercial General Liability policy, by using endorsement CG2026 or broader;
2. The TOWN shall also be named as an additional insured as to all other applicable coverage save and except the Worker’s Compensation Insurance and Professional Liability Insurance;
3. Each policy will require that thirty (30) days prior to the expiration, cancellation, nonrenewal or any material change in coverage, a notice thereof shall be given to TOWN by certified mail to:
Kent M. Collins, P.E Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 972/874- 6310 Telephone 972/874-6460 Facsimile
However, if the policy is canceled for nonpayment of premium, only ten (10) days advance written notice to TOWN is required.
CONSULTANT shall also notify TOWN within twenty-four (24) hours after receipt of any notices of expiration, cancellation, nonrenewal or any material change in coverage it receives from its insurer(s);
4. The term "Owner" or "TOWN" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of TOWN
5 Page 90 of 230 Attachment 1
and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of TOWN;
5. The policy phrase "Other Insurance" shall not apply to TOWN where TOWN is an additional insured on the policy; and
6. All provisions of the Contract concerning liability, duty and standards of care together with the indemnification provision shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.
C. Concerning insurance to be furnished by CONSULTANT, it is a condition precedent to acceptability thereof that:
1. Any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by CONSULTANT. The TOWN’s decision(s) thereon shall be final;
2. All policies are to be written through companies duly approved to transact that class of insurance in the State of Texas; and
3. All liability policies required herein, save and except Professional Liability Insurance, shall be written with an "occurrence" basis coverage trigger.
D. CONSULTANT agrees to the following:
1. CONSULTANT hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against TOWN, it being the intention that the insurance policies shall protect all parties to this Contract and be primary coverage for all losses covered by the policies;
2. Companies issuing the insurance policies and CONSULTANT shall have no recourse against TOWN for payment of any premiums, or assessments for any deductible, as all such premiums are the sole responsibility and risk of CONSULTANT;
3. Approval, disapproval or failure to act by TOWN regarding any insurance supplied by CONSULTANT (or any subcontractors) shall not relieve CONSULTANT of full responsibility or liability for damages and accidents as set forth in the Contract documents. Neither shall the insolvency or denial of liability by the insurance company exonerate CONSULTANT from liability; and
6 Page 91 of 230 Attachment 1
4. No special payments shall be made for any insurance that the CONSULTANT and subcontractors are required to carry; all are included in the contract price and the contract unit prices.
Any of the insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby.
IX. Right to Inspect Records
CONSULTANT agrees that TOWN shall have access to and the right to examine any directly pertinent books, documents, papers and records of CONSULTANT involving transactions relating to this Contract. CONSULTANT agrees that TOWN shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. TOWN shall give CONSULTANT reasonable advance notice of intended audits.
CONSULTANT further agrees to include in subcontract(s), if any, a provision that any subcontractor or engineer agrees that TOWN shall have access to and the right to examine any directly pertinent books, documents, papers and records of such engineer or sub-contractor involving transactions to the subcontract, and further, that TOWN shall have access during normal working hours to all such engineer or sub-contractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of the paragraph. TOWN shall give any such engineer or sub-contractor reasonable advance notice of intended audits.
X. Successors and Assigns
TOWN and CONSULTANT each bind themselves and their successors, executors, administrators and assigns to the other party to this contract and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Contract. Neither TOWN nor CONSULTANT shall assign or transfer its interest herein without the prior written consent of the other.
XI. CONSULTANT’s Liability
Acceptance of the final reports or recommendations by the TOWN shall not constitute nor be deemed a release of the responsibility and liability of
7 Page 92 of 230 Attachment 1
CONSULTANT, its employees, associates, agents or consultants for the accuracy and competency of their work, reports, recommendations and documentation; nor shall such acceptance be deemed an assumption of responsibility by TOWN for any defect in the work, reports, recommendations and documentation; nor shall such acceptance be deemed an assumption of responsibility by TOWN for any defect in the work, reports, recommendations and documentation prepared by said CONSULTANT, its employees, associates, agents or sub-consultants.
XII. INDEMNIFICATION
CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, THAT MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE OF PROPERTY OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT OR OMISSION OF CONSULTANT AS WELL AS ANY NEGLIGENT OMISSION, ACT OR ERROR OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND CONSULTANT WILL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT TOWN AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONSULTANT’S OBLIGATIONS TO TOWN UNDER THIS PROVISION SHALL BE LIMITED TO THE APPLICABLE INSURANCE COVERAGE(S) CONSULTANT IS REQUIRED TO PROVIDE IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS CONTRACT PLUS ANY DEDUCTIBLE AMOUNT(S) TO BE PAID BY CONSULTANT IN CONJUNCTION WITH SAID COVERAGE(S) FOR EACH OCCURRENCE GIVING RISE TO ANY SUCH LIABILITY, CLAIMS, SUITS, DEMANDS OR CAUSES OF ACTION. IF, HOWEVER, CONSULTANT FAILS TO PURCHASE AND/OR MAINTAIN ONE OR MORE TYPES OF INSURANCE COVERAGE IN THE AMOUNT(S) REQUIRED BY THIS CONTRACT, CONSULTANT’S OBLIGATIONS TO TOWN UNDER THIS PROVISION SHALL IN NO WAY BE LIMITED.
XIII. Independent Contractor
CONSULTANT’s status shall be that of an Independent Contractor and not an agent, servant, employee or representative of TOWN in the performance of this Contract. No term or provision of or act of CONSULTANT or TOWN under
8 Page 93 of 230 Attachment 1
this Contract shall be construed as changing that status. CONSULTANT will have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and engineers and the doctrine of respondeat superior shall not apply as between TOWN and CONSULTANT, its officers, agents, employees, contractors, subcontractors and engineers, and nothing herein shall be construed as creating a partnership or joint enterprise between TOWN and CONSULTANT.
XIV. Default
If at any time during the term of this Contract, CONSULTANT shall fail to commence the work in accordance with the provisions of this Contract or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then TOWN shall have the right, if CONSULTANT shall not cure any such default after thirty (30) days written notice thereof, to terminate this Contract. Any such act by TOWN shall not be deemed a waiver of any other right or remedy of TOWN. If after exercising any such remedy due to CONSULTANT’s nonperformance under this Contract, the cost to TOWN to complete the work to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONSULTANT hereunder, CONSULTANT shall be liable for and shall reimburse TOWN for such excess. CONSULTANT’S liability under this provision shall be limited to the total dollar amount of this Contract.
TOWN’s remedies for CONSULTANT’s default or breach under this Contract shall be limited to one or more of the following remedies which may be exercised separately or in combination at TOWN’s sole exclusive choice:
(a) Specific performance of the Contract;
(b) Re-performance of this Contract at no extra charge to TOWN; or
(c) Monetary damages in an amount not to exceed the greater of:
(1) The amount of any applicable insurance coverage CONSULTANT is required to purchase and maintain under this Contract plus any deductible amount to be paid by CONSULTANT in conjunction with said coverage regardless of whether CONSULTANT has actually purchased and maintained said coverage; or
(2) The total dollar amount of this Contract.
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The terms of Sections XII entitled Indemnification, and XVII entitled Confidential Information shall survive termination of this Contract.
XV. Changes
TOWN may, from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed upon by and between TOWN and CONSULTANT shall be incorporated by written modification to this Contract.
XVI. Conflict of Interest
CONSULTANT covenants and agrees that CONSULTANT and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by CONSULTANT pursuant to this Contract will be conducted by employees, associates or subcontractors of CONSULTANT.
XVII. Confidential Information
CONSULTANT hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of its obligations in accordance with this Contract, which is of a confidential, non- public or proprietary nature. CONSULTANT shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Contract. As used herein, “Confidential Information” means all oral and written information concerning Town of Flower Mound, its affiliates and subsidiaries, and all oral and written information concerning TOWN or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or other documents, whether prepared by CONSULTANT or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such materials that are or become generally available to the public other than as a result of disclosure of CONSULTANT, or are required to be disclosed by a governmental authority.
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XVIII. Mailing Address
All notices and communications under this CONTRACT to be mailed to TOWN shall be sent to the address of TOWN’s agent as follows, unless and until CONSULTANT is otherwise notified:
Kent M. Collins, P.E Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 972/874- 6310 Telephone 972/874-6460 Facsimile
Notices and communications to be mailed or delivered to CONSULTANT shall be sent to the address of CONSULTANT as follows, unless and until TOWN is otherwise notified:
John R. Polster, P.E. Innovative Transportation Solutions, Inc. 2701 Valley View Lane Farmers Branch, Texas 75234 972/484-2525 Telephone 972/484-4545 Facsimile
Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted, faxed or personally delivered by the sending party.
XIX. Fiscal Year-End Funding Out Clause
CONSULTANT recognizes that this Contract shall commence on the day first written above and continue in full force and effect until termination in accordance with its provisions. CONSULTANT and TOWN herein recognize that the continuation of any contract after the close of any given fiscal year of TOWN, which fiscal year ends on September 30th of each year, shall be subject to Flower Mound Town Council approval. CONSULTANT and TOWN expressly agree that this Contract shall automatically terminate, without any penalty or liability to Town, in the event the Flower Mound Town Council fails to approve or appropriate funds for the second year of this Contract.
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XX. Applicable Law
The CONTRACT is entered into subject to the Flower Mound Town Charter and ordinances of TOWN, as same may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. CONSULTANT will make any and all reports required per federal, state or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with CONSULTANT’s income. Situs of this Contract is agreed to be Denton County, Texas, for all purposes, including performance and execution.
XXI. Severability
If any of the terms, provisions, covenants, conditions or any other part of this Contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
XXII. Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract.
XXIII. Entire Agreement
This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties.
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XXIV. Non-Waiver
It is further agreed that one (1) or more instances of forbearance by TOWN in the exercise of its rights herein shall in no way constitute a waiver thereof.
XXV. Headings
The headings of this Contract are for the convenience of reference only and shall not affect any of the terms and conditions hereof in any manner.
XXVI. Venue
The parties to this Contract agree and covenant that this Contract will be enforceable in Flower Mound, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Denton County, Texas.
XXVII. No Third Party Beneficiary
For purposes of this Contract, including its intended operation and effect, the parties (TOWN and CONSULTANT) specifically agree and contract that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with TOWN or CONSULTANT or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or CONSULTANT.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date first above written.
THE TOWN:
THE TOWN OF FLOWER MOUND, TEXAS
By: Name: Thomas E. Hayden Title: Mayor, Town of Flower Mound
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ATTEST:
______Theresa Scott, Town Secretary
State of Texas § County of Denton §
This instrument was acknowledged before me on the _____ day of ______20_____, by Thomas E. Hayden, Mayor of the Town of Flower Mound, Texas, on behalf of the Town of Flower Mound, Texas.
______Notary Public, State of Texas My Commission Expires:
______
CONSULTANT:
INNOVATIVE TRANSPORTATION SOLUTIONS, INC., a Texas Corporation
By: ______Name: John R. Polster, P.E. Title: President
Date Signed: ______
State of Texas § County of ______§
This instrument was acknowledged before me on the ______day of ______, 20_____, by John R. Polster, P.E., in his capacity as President of INNOVATIVE TRANSPORTATION SOLUTIONS, INC., a Texas Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same on behalf of and as the act of INNOVATIVE TRANSPORTATION SOLUTIONS, INC.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20_____.
______Notary Public, State of Texas My Commission Expires:
______
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ATTACHMENT “A”
SCOPE OF SERVICES
Innovative Transportation Services Inc., (ITS) will provide the following Transportation Consultation services for the Town:
ITS will provide transportation consulting services as directed by the Town Manager or Town Engineer. As a part of this contract, ITS will actively pursue all transportation related issues as identified by the Town with the understanding that the current focus will be on transportation programming and funding issues in the Town. ITS will maintain dialogue with the Town and appropriate Town staff to ascertain the relative priority of each project to other projects and attend Town of Flower Mound Council meeting, when appropriate, to provide updates on transportation activities. ITS will perform tasks, as assigned by the Town Manager or Town Engineer, related to advancing projects to address the transportation needs of the Town of Flower Mound. Other services include, but are not limited to, the following:
TASK 1: Act as a Liaison between TOWN and other Local, State and Federal Transportation Bodies. When requested and appropriate, ITS will act as liaison between The TOWN and other local, state and national transportation groups. As liaison, ITS will act as the transportation advocate for The TOWN by working positively and efficiently with other transportation groups toward completion of projects critical to The TOWN. ITS will interact, on behalf of The TOWN, with the Federal Highway Administration, the Texas Transportation Commission and Texas Department of Transportation and the North Texas Tollway Authority (NTTA). In addition, ITS will act as liaison between The TOWN and other groups such as the Regional Transportation Council of the North Central Texas Council of Governments, Project Specific Task Force Groups, Dallas Regional Mobility Coalition, the Denton County Transit Authority, The T, North Texas Commission, and the Partners in Mobility.
TASK 2: Implement Cost Reduction Strategies. ITS has an unparalleled history of identifying cost reductions for clients. For the TOWN, the following is a list of possible cost reduction strategies:
1. Leveraging funding - Transportation Infrastructure funding is almost always a partnership process. ITS will strive to maximize the TOWN’s transportation dollars by “leveraging” those funds with eligible funding sources. In many cases, ITS will be able to
16 Page 101 of 230 Attachment 1
leverage funds to capture “non-Town” sources that will increase funding to the project by 300% to 500%.
2. Certification - Certification refers to the process a municipality follows to receive authorization by TxDOT to retain services on behalf of the State. Certification allows the TOWN to be reimbursed by the federal government up to 90% of expenditures for authorized services. ITS has unique knowledge of the certification process and will assist the TOWN in acquiring this certification, if directed.
TASK 3. ITS will provide other transportation consulting services as directed by the Town. As a part of this Enhancement Proposal, ITS will actively pursue all transportation related issues as identified by the Town. ITS will continue to dialogue with Town staff to ascertain the relative priority of each project to other projects and attend Town meeting as directed to updates on all transportation activities.
17 Page 102 of 230 Attachment 1
ATTACHMENT “B”
COMPENSATION
In consideration for professional services rendered monthly by ITS, Flower Mound agrees to pay ITS a reasonable and customary annual fee of SEVENTY- FIVE THOUSAND DOLLARS ($75,000.00), per year (the “Annual Fee”). Flower Mound agrees to pay ITS the amount of SIX THOUSAND TWO HUNDRED FIFTY DOLLARS ($6,250.00) per month (the “Monthly Payment”) towards satisfaction of the Town’s Annual Fee obligation. Flower Mound shall make the Monthly Payment, processing the itemized statement in its usual and customary fashion, making all reasonable efforts to process the Monthly Payment within thirty (30) days from Town of Flower Mound’s receipt of each monthly statement.
ITS’s Standard Hourly Billing rates are attached as Exhibit A.
ITS shall submit its monthly statements and semi-annual certificates to the Town Manager, 2121 Cross Timbers Road, Flower Mound, Texas 75028.
18 Page 103 of 230 Attachment 1
EXHIBIT “A”
STANDARD RATE SCHEDULE
1.1 STANDARD RATE SCHEDULE
The services related to this project will be based upon the following Standard Billing Rates. Standard Billing Rates are subject to change at the beginning of each calendar year.
Professional Standard Billing Rate Principal Engineer $200 Principal Engineer $175 Senior Engineer $175 Engineer $150 Technical Associate $100 Staff Support $75
19 Page 104 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 8 December 17, 2012
[ X ] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Melanie Harden, C.P.M., Director of General Services
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Chuck Springer, Interim Town Manager
ITEM: Consider approval of the purchase of firefighter personal protective equipment, in the estimated annual amount of $50,000, from NAFECO Inc., through a City of Lewisville contract.
[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction
I. SUMMARY:
This item is to approve the purchase of firefighter personal protective equipment for the Fire and Emergency Services Department, through a City of Lewisville contract. The contract term is for one year, effective November 5, 2012, with the option to extend for two additional one-year periods.
II. BACKGROUND INFORMATION:
The City of Lewisville issued a bid on behalf of the cities of Lewisville, The Colony, and the Town of Flower Mound. The articles included in the bid were firefighter coats, pants, and suspenders—also referred to as bunker gear. The City of Lewisville City Council awarded the contract to NAFECO, Inc. on November 5, 2012. The cooperative purchasing effort resulted in a volume discount for all entities.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Flower Mound and the City of Lewisville entered into an interlocal agreement effective May 15, 2000. The initial term of the interlocal agreement was one year, and automatically renews annually, unless cancelled by either party.
Page 105 of 230
III. FISCAL IMPACT:
Proposed Expenditure: $50,000 estimated annually
Proposed Funding: Account No./Description Amount 100-660-63000-2270 $50,000 Public Service Official Uniforms
Sufficient funds are available to make this expenditure. Upon approval of this item, the remaining balance in the account will be $69,867.
Subsequent annual expenditures will be subject to appropriations granted in future fiscal years.
Finance Review by: Chuck Springer, Assistant Town Manager/CFO
IV. LEGAL REVIEW:
N/A
V. ATTACHMENTS:
1. City of Lewisville Notice of Award
VI. RECOMMENDED MOTION OR ACTION:
Move to approve the purchase of firefighter personal protective equipment, in the estimated annual amount of $50,000, from NAFECO Inc., through a City of Lewisville contract.
Page 106 of 230
Attachment 1 Page 107 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 9 December 17, 2012
[ X ] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Kenneth Brooker, Chief of Police
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Kenneth Brooker, Chief of Police
ITEM: Agreement between the Treasury Law Enforcement Agencies, the Internal Revenue Service Criminal Investigations, and the Town of Flower Mound, allowing the Police Department to receive an equitable share of funds from asset seizures and forfeitures.
[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction
I. SUMMARY:
The Flower Mound Police Department provides these agencies support and assistance with asset seizures and forfeitures. An equitable portion of assets seized by the task force is shared with the Town, through the Police Seizure Fund. This request is to renew the agreement from October 1, 2012, through September 30, 2013.
II. BACKGROUND INFORMATION:
The Dallas Field Office of the Internal Revenue Service, Criminal Investigations Section, initiated a Treasury Asset Forfeiture Task Force for the Greater Dallas/Fort Worth area in February 2002. The agreement is reviewed and considered for approval annually.
III. FISCAL IMPACT:
N/A
IV. LEGAL REVIEW:
Terry Welch of Brown & Hofmeister, LLP, has reviewed the agreement as to form and legality.
V. ATTACHMENTS:
1. Equitable Sharing Agreement and Certification
Page 108 of 230
VI. RECOMMENDED MOTION OR ACTION:
Move to approve the agreement between the Treasury Law Enforcement Agencies, the Internal Revenue Service Criminal Investigations, and the Town of Flower Mound, allowing the Police Department to receive an equitable share of funds from asset seizures and forfeitures.
Page 109 of 230 Page 110 of 230 Page 111 of 230 Page 112 of 230 Page 113 of 230 Page 114 of 230 Page 115 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 10 December 17, 2012
[ X ] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Kent Collins, P.E., Assistant Town Manager
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Kent Collins, P.E., Assistant Town Manager
ITEM: Consider approval of a Professional Services Agreement with Freese and Nichols, Inc., for facility and site planning services associated with the Town of Flower Mound Town Center Master Plan, in the amount of $92,029.00; and authorization for the Mayor to execute same on behalf of the Town.
[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction
I. SUMMARY:
The Professional Services Agreement provides facility and site planning services necessary to develop a Town Center Master Plan for the existing Town Hall property. This agreement sets forth the services, schedule, and basis of compensation in the amount of $92,029.00 between Freese and Nichols, Inc., and the Town of Flower Mound. Freese and Nichols, Inc., is on the current list of firms approved to provide engineering services to the Town until April 18, 2013.
II. BACKGROUND INFORMATION:
During the budget approval process for the FY 2012-13 budget, Town Council approved funding of a study designed to address the following information needs. First, determine the long-term space needs for a Town Hall assuming that all professional and administrative staff currently located at the Atrium and Town Hall are combined in one facility. Second, confirm that the space program for the Senior Center established during the development of the Parks and Trails Master Plan is still current and reflective of the SIM Program needs. Third, determine the combined space needs for a new or expanded Town Hall and the permanent stand-alone Senior Center, and if the current Town Hall site can accommodate both of the facilities and all requisite infrastructure, including parking. This project will address these informational items and serve as a decision-making tool regarding future facility planning. If, at any point during the study, it becomes clear to the consultants or staff that the facilities will not fit on the current Town Hall site, mechanisms exist that will allow for shift in scope to make the best use of the available budget. Based upon the scope, staff anticipates completion of the study in March or April, 2013.
Page 116 of 230
III. FISCAL IMPACT:
Proposed Expenditure: $92,029.00
Proposed Funding: Account No./Description Amount 308-103-50085-5110 $92,029.00
Sufficient funds are available to make this expenditure. Upon approval of item, the remaining balance will be $7,971.00.
Finance Review by: Tammy Wilson, Director of Accounting & Budget
IV. LEGAL REVIEW:
Alan Lathrom, of Brown & Hofmeister, L.L.P., has reviewed the Professional Services Agreement as to form and legality.
V. ATTACHMENTS:
1. Professional Services Agreement
VI. RECOMMENDED MOTION OR ACTION:
Move to approve a Professional Services Agreement with Freese and Nichols, Inc., for facility and site planning services associated with the Town of Flower Mound Town Center Master Plan, in the amount of $92,029.00; and authorize the Mayor to execute same on behalf of the Town.
Page 117 of 230
Attachment 1 Page 118 of 230
Attachment 1 Page 119 of 230
Attachment 1 Page 120 of 230
Attachment 1 Page 121 of 230
Attachment 1 Page 122 of 230
Attachment 1 Page 123 of 230
Attachment 1 Page 124 of 230
Attachment 1 Page 125 of 230
Attachment 1 Page 126 of 230
Attachment 1 Page 127 of 230
Attachment 1 Page 128 of 230
Attachment 1 Page 129 of 230
Attachment 1 Page 130 of 230
Attachment 1 Page 131 of 230
Attachment 1 Page 132 of 230
Attachment 1 Page 133 of 230
Attachment 1 Page 134 of 230
Attachment 1 Page 135 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 11 December 17, 2012
[ X ] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Melanie Harden, C.P.M., Director of General Services
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Chuck Springer, Interim Town Manager
ITEM: Consider approval of the Competitive Sealed Proposal method to select a firm to construct the Operations and Maintenance Facility.
[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction
I. SUMMARY:
The design for the Operations and Maintenance Facility is complete, and specifications and plans are being prepared for the purpose of selecting a construction firm. This item is to approve the Competitive Sealed Proposal method to select a construction firm for the Operations and Maintenance Facility.
II. BACKGROUND INFORMATION:
Chapter 2267 of the Texas Government Code allows using a method other than competitive bidding for construction services; however, the governing body must determine that the alternative delivery method provides the best value for the governmental entity prior to the project being advertised. It is the recommendation of Town staff and our project consultant, Freese and Nichols, Inc., that the Competitive Sealed Proposal method be utilized to select a firm to construct the Operations and Maintenance Facility.
The Competitive Sealed Proposal method would allow the Town to obtain the best value by considering evaluation factors specified in the request for proposal such as firm experience, past performance, qualifications, and financial capabilities, in addition to price, when selecting a firm to construct the Operations and Maintenance Facility. The Competitive Sealed Proposal method was previously used in selecting firms to construct the Community Activity Center, the Fleet Maintenance Facility, and Fire Stations 4 and 5.
III. FISCAL IMPACT:
N/A
Page 136 of 230
IV. LEGAL REVIEW:
N/A
V. ATTACHMENTS:
N/A
VI. RECOMMENDED MOTION OR ACTION:
Move to approve the Competitive Sealed Proposal method to select a firm to construct the Operations and Maintenance Facility. Page 137 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 12 DECEMBER 17, 2012
[ ] CONSENT ITEM [ X ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Poornima Srinarasi, Planner
THROUGH: Chuck Springer, Interim Town Manager Kent Collins, P.E., Assistant Town Manager
PRESENTER: Doug Powell, Executive Director of Development Services
ITEM: Consider a request for a Development Plan (DP 05-12 - Waterford Park Estates Phase III) to develop a residential subdivision. The property is generally located south of FM 407 (Justin Road) and between Country Meadow Drive to the west and Morriss Road to the east. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its December 10, 2012, meeting.)
ITEM SUMMARY:
Attached is the Planning and Zoning Commission report and backup for this item. No changes or new information has been received since that meeting.
DRAFT MOTION:
Move to approve a request for a Development Plan (DP 05-12 - Waterford Park Estates Phase III) to develop a residential subdivision.
ATTACHMENTS:
1. Planning and Zoning Commission Staff Report
Page 138 of 230
PLANNING AND ZONING COMMISSION MEETING AGENDA ITEM NO: 8
DECEMBER 10, 2012
[ ] CONSENT ITEM [ X ] REGULAR ITEM [ ] WORK SESSION ITEM
ITEM: Consider a request for a Development Plan (DP 05-12 - Waterford Park Estates Phase III) to develop a residential subdivision. The property is generally located south of FM 407 (Justin Road) and between Country Meadow Drive to the west and Morriss Road to the east.
I. ITEM SUMMARY
This application has been reviewed by DRC and has been found to be in conformance with all applicable Town regulations. Specifically, this application has been reviewed under the SMARTGrowth program and has met all applicable criteria.
This application will require final action by the Town Council.
II. APPLICATION ANALYSIS
The purpose of the application is to obtain design approval of a proposed 64 lot residential subdivision, of which 58 are minimum 10,000-square-foot buildable lots and 6 are open space lots. The subject property is undeveloped and is 20.55 acres in size. A final replat application for the project is being reviewed by DRC and will be forwarded for Planning and Zoning Commission consideration at a future date.
The project was previously referred to as Victory Park, and on August 20, 2012, the Town Council approved a Master Plan Amendment (MPA 04-12) and a Zoning Planned Development (ZPD 04-12) to accommodate the development. The proposed development plan is consistent with the concept plans approved by the Town Council as part of PD-122 on August 20, 2012. The required Home Owner’s Association for the development will be a sub-association to the existing Waterford Park Estates neighborhood.
III. ATTACHMENTS
A. Background Information 1. Vicinity Map 2. Letter of Intent B. Application Details 1. Development Plan Exhibit Page 139 of 230 Attachment A(1): Vicinity Map
Vicinity Map Reference Project: DP 05-12
COUNTRYMEADOW DR
C1 JUSTIN RD
BRANDYWINE DR
C2
SFDM MORRISSRD
C2 SF10
VICTORY DR
WATERFORD DR RUSSWOOD DR SF15
LEGEND Commercial 1 Commercial 2 Single Family 10 Single Family Density Medium
Single Family 15
I35W UNNAMED JUSTIN RD SMOOT LN CROSS TIMBERS RD HAWK RD
HIGH RD
LUSK LN LUSK MORRISS RD MORRISS
SHILOH RD SHILOH KIRKPATRICK LN KIRKPATRICK
WICHITA TRL LONG PRAIRIE RD PRAIRIE LONG OLD SETTLERS RD SETTLERS OLD SPINKS RD 0 235 470 940 Feet Ë Map Location Page 140 of 230 Attachment A(2): Letter of Intent Page 141 of 230 Page 142 of 230 Page 143 of 230 Page 144 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 13 DECEMBER 17, 2012
[ ] CONSENT ITEM [ X ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Doug Powell, Executive Director of Development Services
THROUGH: Chuck Springer, Interim Town Manager Kent Collins, P.E., Assistant Town Manager
PRESENTER: Doug Powell, Executive Director of Development Services
ITEM: Public Hearing to consider a request to amend the Land Development Regulations (LDR 08-12) by amending the Town's SMARTGrowth Program by deleting Section 98-122, "Public Schools," from the Town's evaluation of the Adequate Public Facilities component of the Town's SMARTGrowth Program and further considering a corresponding amendment to the SMARTGrowth Implementation Manual to delete the "Public Schools" component from said manual, and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 4 to 2 at its December 10, 2012, meeting.)
ITEM SUMMARY:
Attached is the Planning and Zoning Commission report and backup for this item. The Planning and Zoning Commission recommended the removal of this component from SMARTGrowth; however, also contained in their motion was the following recommendation: “…to create a more formalized process to communicate our decisions as it impacts future growth in the Town that has impacts on the school districts.” The Town staff has committed to continuing to inform the various school districts about impending residential development proposals.
DRAFT MOTION:
Move to approve a request to amend the Land Development Regulations (LDR 08-12) by amending the Town's SMARTGrowth Program by deleting Section 98-122, "Public Schools," from the Town's evaluation of the Adequate Public Facilities component of the Town's SMARTGrowth Program and further considering a corresponding amendment to the SMARTGrowth Implementation Manual to delete the "Public Schools" component from said manual, and adopt an ordinance providing for said amendment.
ATTACHMENTS:
1. Planning and Zoning Commission Staff Report 2. Draft Ordinance
Page 145 of 230
PLANNING AND ZONING COMMISSION MEETING AGENDA ITEM NO: 9 DECEMBER 10, 2012
[ ] CONSENT ITEM [ X ] REGULAR ITEM [ ] WORK SESSION ITEM
ITEM: Public Hearing to consider a request to amend the Land Development Regulations (LDR 08-12) by amending the Town's SMARTGrowth Program by deleting Section 98-122, "Public Schools," from the Town's evaluation of the Adequate Public Facilities component of the Town's SMARTGrowth Program and further considering a corresponding amendment to the SMARTGrowth Implementation Manual to delete the "Public Schools" component from said manual.
I. ITEM SUMMARY
There are no outstanding issues. This item will require final action by the Town Council.
II. APPLICATION ANALYSIS
This item proposes modifying “Chapter 98 – Zoning” of the Land Development Regulations to delete Section 98-122, “Public schools,” in its entirety. In addition, this item proposes deleting the "Public Schools" component from the SMARTGrowth Implementation Manual. First, there is adequate school capacity in the Town, even though occasional school boundary adjustments may be necessary by the respective area school districts. Additionally, recent discussions with area school districts have raised the question whether this criterion should continue to be used to regulate development as a consequence, given that the Town cannot determine the capacity of individual school campuses or control the method and timing of drawing or re- drawing school boundaries to accommodate capacity problems, if any, at a given school campus. Through these discussions, the area school districts have emphasized that it is their role and responsibility to address any pressure on the capacity of a particular school and that such pressures, if any, can be ameliorated by re-districting or construction upon the determination of the local school board. Unlike the situation when SMARTGrowth initially was adopted more than a decade ago, area school districts have uniformly maintained that they have adequate school capacity and any current or planned residential developments in the Town will have adequate capacity.
III. CORRESPONDENCE
As required by the Town’s Land Development Regulations, a notice was published in a newspaper of general circulation (Denton Record Chronicle). At the time this report was written, staff had not received any correspondence in support of or in opposition to the request.
IV. ATTACHMENTS
A. Application Details 1. Existing Section 98-122, “Public Schools” (To be deleted in its entirety) 2. Existing “Public Schools” Component, SMARTGrowth Implementation Manual (To be deleted in its entirety)
Page 146 of 230
Sec. 98-122. - Public schools.
(a) Restrictions; purpose. No residential development application or project shall be approved without written certification from the applicable public school district that all public elementary, middle and high schools that will receive student population as a result of the proposed development have not exceeded nor are projected to exceed 110 percent of their respective programmed student capacity, based upon each public school's then-available programmed capacity (without consideration of any capacity created by the use of portable or modular classrooms), any additional capacity programmed for commencement of construction within the then current or the next fiscal year of the applicable school district's capital improvement program, and any realignment of attendance zones planned to occur in the next school year of the applicable school district. The purpose of this criterion is to ensure that adequate facilities exist to provide both existing and future student populations with optimal learning opportunities as an essential element of a quality living environment and a family-friendly community.
(b) Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans and record plats, with available school capacity being reserved at record plat approval. This criterion is not applicable to nonresidential projects.
(Ord. No. 41-02, § 3.01.1(d)5.b., 7-15-2002)
Page 147 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
3. PUBLIC SCHOOLS
A. PURPOSE: The purpose of this criterion is to ensure that adequate facilities exist to provide both existing and future student populations with optimal learning opportunities as an essential element of a quality living environment and a family-friendly community.
B. CRITERION: Public Schools. No residential development application or project shall be approved without written certification from the applicable public school district that all public elementary, middle and high schools that will receive student population as a result of the proposed development have not exceeded nor are projected to exceed one hundred ten percent (110.0%) of their respective programmed student capacity, based upon each public school’s then available programmed capacity (without consideration of any capacity created by the use of portable or modular classrooms), any additional capacity programmed for commencement of construction within the then current or the next fiscal year of the applicable school district’s capital improvement program, and any realignment of attendance zones planned to occur in the next school year of the applicable school district.
C. METHODOLOGY: Available public school capacity shall be determined by a methodology acceptable to the receiving school district based upon criterion set forth in the Adequate Public Facilities section of the SMARTGrowth Criteria.
D. APPLICATION: For residential projects, applicable to applications for Master Plan amendments, zoning amendments, development plans, and record plats. This criterion is not applicable to nonresidential projects.
SCHOOL DISTRICTS IN FLOWER MOUND:
a. Lewisville Independent School District Dr. Jerry Roy, Superintendent 1800 Timbercreek Road Flower Mound, Texas 75028
b. Denton Independent School District Gene Holloway, Director of Planning P.O. Box 2387 1307 N. Locust Denton, Texas 76207
c. Argyle Independent School District Quentin Burnett, Superintendent P.O. Box 989 Argyle, Texas 76226
48 Page 148 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
d. Northwest Independent School District Keith Sockwell, Superintendent 1800 State Highway 114 Justin, Texas 76247
49 Page 149 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
CERTIFICATION OF LEWISVILLE INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS § § COUNTY OF DENTON §
I, ______, the ______for the Lewisville Independent School District (LISD), having reviewed the development application for the proposed subdivision of the Town of Flower Mound, Denton County, Texas, hereinafter described as and generally located:
[number of units, general location and name of subdivision] do hereby certify that all public elementary, middle and high schools that will receive student population as a result of the above-referenced subdivision have not exceeded nor are projected to exceed one hundred ten percent (110%) of their respective programmed student capacity, based upon each public school's available programmed capacity (without consideration of any capacity created by the use of portable or modular classrooms), any additional capacity programmed for commencement of construction within the current or the next fiscal year of the LISD's capital improvement program, and any realignment of attendance zones planned to occur in the next school year, as evidenced by the attached worksheet.
Lewisville Independent School District
Name ______Title
SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority on this the ______day of ______, ______.
Notary Public in and for The State of Texas
My Commission Expires:
50 Page 150 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
CERTIFICATION OF DENTON INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS § § COUNTY OF DENTON §
I, ______, the ______for the Denton Independent School District (DISD), having reviewed the development application for the proposed subdivision of the Town of Flower Mound, Denton County, Texas, hereinafter described as and generally located:
[number of units, general location and name of subdivision] do hereby certify that all public elementary, middle and high schools that will receive student population as a result of the above-referenced subdivision have not exceeded nor are projected to exceed one hundred ten percent (110%) of their respective programmed student capacity, based upon each public school's available programmed capacity (without consideration of any capacity created by the use of portable or modular classrooms), any additional capacity programmed for commencement of construction within the current or the next fiscal year of the DISD's capital improvement program, and any realignment of attendance zones planned to occur in the next school year, as evidenced by the attached worksheet.
Denton Independent School District
Name ______Title
SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority on this the ______day of ______, ______.
Notary Public in and for The State of Texas
My Commission Expires:
51 Page 151 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
CERTIFICATION OF ARGYLE INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS § § COUNTY OF DENTON §
I, ______, the ______for the Argyle Independent School District (AISD), having reviewed the development application for the proposed subdivision of the Town of Flower Mound, Denton County, Texas, hereinafter described as and generally located:
[number of units, general location and name of subdivision] do hereby certify that all public elementary, middle and high schools that will receive student population as a result of the above-referenced subdivision have not exceeded nor are projected to exceed one hundred ten percent (110%) of their respective programmed student capacity, based upon each public school's available programmed capacity (without consideration of any capacity created by the use of portable or modular classrooms), any additional capacity programmed for commencement of construction within the current or the next fiscal year of the AISD's capital improvement program, and any realignment of attendance zones planned to occur in the next school year, as evidenced by the attached worksheet.
Argyle Independent School District
Name ______Title
SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority on this the ______day of ______, _____.
Notary Public in and for The State of Texas
My Commission Expires: ______
52 Page 152 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
CERTIFICATION OF NORTHWEST INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS § § COUNTY OF DENTON §
I, ______, the ______for the Northwest Independent School District (NISD), having reviewed the development application for the proposed subdivision of the Town of Flower Mound, Denton County, Texas, hereinafter described as and generally located:
[number of units, general location and name of subdivision] do hereby certify that all public elementary, middle and high schools that will receive student population as a result of the above-referenced subdivision have not exceeded nor are projected to exceed one hundred ten percent (110%) of their respective programmed student capacity, based upon each public school's available programmed capacity (without consideration of any capacity created by the use of portable or modular classrooms), any additional capacity programmed for commencement of construction within the current or the next fiscal year of the NISD's capital improvement program, and any realignment of attendance zones planned to occur in the next school year, as evidenced by the attached worksheet.
Northwest Independent School District
Name ______Title
SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority on this the ______day of ______, ______.
Notary Public in and for The State of Texas
My Commission Expires: ______
53 Page 153 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
TOWN OF FLOWER MOUND SMARTGROWTH ANALYSIS SCHOOL DISTRICT WORK SHEET
Applicable School District: ______
Date of submittal: ______Prepared by: ______
Contact Information: Mailing Address ______Phone #______Fax# ______E-mail address ______
DEVELOPMENT INFORMATION
Name:
Location:
Developer:
Acreage: Zoning Classification:
Proposed Number of Residential Units
Analysis
Gross Student Generation:
Breakdown by student population:
Elementary school age _____ Percent ______Number Middle school age _____ Percent ______Number High School age _____ Percent ______Number
54 Page 154 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
Receiving Schools
Elementary School:
Name: Address:
Gross Student Capacity x 110% Current Student Population (-) Net Available Capacity Development Generation (-)
Available Future Capacity
If less than 0 then request for development denied.
Middle School:
Name: Address:
Gross Student Capacity x 110% Current Student Population (-) Net Available Capacity Development Generation (-)
Available Future Capacity
If less than 0 then request for development denied.
High School:
Name: Address:
Gross Student Capacity x 110% Current Student Population (-) Net Available Capacity Development Generation (-)
Available Future Capacity
If less than 0 then request for development denied.
55 Page 155 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
School District Boundary Map
56 Page 156 of 230
Attachment A(2): Existing “Public Schools” Component, SMARTGrowth Manual (To be deleted)
Page 157 of 230
TOWN OF FLOWER MOUND, TEXAS
ORDINANCE NO. ______
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING SUBPART B, CHAPTER 98, “ZONING,” ARTICLE II, “SMARTGrowth PROGRAM,” OF THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, SPECIFICALLY BY AMENDING SECTION 98-122, ENTITLED “PUBLIC SCHOOLS”; AMENDING THE “SMARTGrowth IMPLEMENTATION MANUAL” BY ACCORDINGLY AMENDING THE PUBLIC SCHOOLS COMPONENT CONTAINED IN SAID MANUAL; MAKING FINDINGS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 11, 1999, the Town Council adopted Ordinance No. 2- 99, the Town’s SMARTGrowth Program, a strategic initiative to manage both the rate and character of development in the Town of Flower Mound (“Town”), which acronym represents “Strategically Managed and Responsible Town Growth”; and
WHEREAS, the Town Council thereafter adopted additional components to the SMARTGrowth Program between January 11, 1999 and May 21, 2001; and
WHEREAS, on July 15, 2002, the Town Council adopted Ordinance No. 41-02, amending the Town’s earlier SMARTGrowth Program in its entirety to build upon, strengthen and improve the SMARTGrowth Program and ensure that the Town’s development framework and its land use decisions continued to be consistent, equitable and based upon sound legal principles; and
WHEREAS, on August 29, 2002, the Town Council adopted Ordinance No. 54- 02, to adopt the SMARTGrowth Implementation Manual, which Manual provides guidance for the implementation of the stated methodology in relation to the SMARTGrowth Criteria identified in the SMARTGrowth Program; and
WHEREAS, one of the initial components of the SMARTGrowth Program is whether local public schools have adequate school capacity to accommodate students; and
WHEREAS, unlike the situation when the SMARTGrowth Program was initially adopted more than a decade ago, area public school districts have uniformly maintained that they have adequate school capacity and any current or planned residential developments in the Town will have adequate capacity, even though occasional school boundary adjustments may be necessary by the respective area public school districts; and
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ORDINANCE NO. PAGE 2
WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Flower Mound, Texas, has recommended that the public schools criterion of the SMARTGrowth Program identified herein-below should be amended; and
WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Flower Mound, Texas, has determined that it is in the public's best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s SMARTGrowth Program as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, THAT:
SECTION 1
All the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Section 98-122, entitled “Public Schools,” of the Code of Ordinances of the Town of Flower Mound, Texas, is hereby amended to read as follows:
“(a) Purpose. For any residential development application or project, the town shall notify in writing and request confirmation of such notification from the applicable public school district that such residential development application or project has been filed with the town. The town will assist the public school district, if requested, in addressing any program capacity issues relative to any town infrastructure serving any and all public elementary, middle and high schools that will receive student population as a result of the proposed development. The purpose of this criterion is to ensure that adequate town facilities and infrastructure exist to provide both existing and future student populations with optimal learning opportunities as an essential element of a quality living environment and a family- friendly community.
(b) Application. For residential projects, applicable to applications for master plan amendments, zoning amendments, development plans and record plats. This criterion is not applicable to nonresidential projects.” Page 159 of 230
ORDINANCE NO. PAGE 3
SECTION 3
From and after the effective date of this Ordinance, the existing SMARTGrowth Implementation Manual is hereby amended by accordingly amending Subsection 3, entitled “Public Schools,” of Section B of the SMARTGrowth Analysis, entitled “Adequate Public Facilities,” to conform with the amendment referenced in Section 2 of this Ordinance.
SECTION 4
This Ordinance shall be cumulative of all provisions of ordinances of the Town of Flower Mound, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 5
It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions shall remain in full force and effect.
SECTION 6
This Ordinance shall take effect and be in full force from and after its passage, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Flower Mound, Texas.
DULY PASSED, APPROVED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, BY A VOTE OF ______TO______, ON THIS THE ____ DAY OF DECEMBER, 2012.
______Thomas E. Hayden, Mayor
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ORDINANCE NO. PAGE 4
ATTEST:
______Theresa Scott, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
______Terrence S. Welch, Town Attorney Page 161 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 14 December 17, 2012
[ ] CONSENT ITEM [ X ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Robert Pegg, P.E., Senior Project Engineer
THROUGH: Chuck Springer, Interim Town Manager Kent Collins, P.E., Assistant Town Manager
PRESENTER: Kent Collins, P.E., Assistant Town Manager
ITEM: Consider approval of Bid No. 2013-20-B, for the construction of the Upper Timber Creek Interceptor Phase I, to Wright Construction Company, Inc., in the amount of $1,232,056.50; and authorization for the Mayor to execute same on behalf of the Town.
[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction
I. SUMMARY:
On November 28, 2012, bids were received and opened for the Upper Timber Creek Interceptor Phase I (FM2499 to Morriss Rd. and Buckthorn Ct. to FM 1171) project. The project provides for the construction of approximately 3,800 linear feet of 27-inch wastewater line, approximately 190 linear feet of 30-inch wastewater line, and approximately 230 linear feet of 33-inch wastewater line, along with associated appurtenances from FM 2499 to Morriss Road and from Buckthorn Ct. to FM 1171. Wright Construction Company, Inc., submitted a bid of $1,232,056.50 and was the lowest responsible bidder of the ten responding bidders.
II. BACKGROUND INFORMATION:
The Town of Flower Mound’s 2009 Wastewater Master Plan calls for upsizing the existing Upper Timber Interceptor to 21 and 27-inch lines to provide wastewater service in the basin to meet future demand. The wastewater basin this interceptor serves is one of the fastest growing basins in Town, as it collects flow from the FM 2499 corridor, from Timber Creek up to the Town’s northern boundary. This wastewater line was identified in the 2009 Wastewater Master Plan as the number one priority project.
On January 21, 2010, the Town Council approved a contract with Kimley-Horn and Associates, Inc. to provide professional engineering services associated with the design of the Upper Timber Creek Interceptor Phase I project. The amount for the professional engineering services was $174,700.00.
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III. FISCAL IMPACT:
Proposed Expenditure: $1,232,056.50
Proposed Funding: Account No./Description Amount 600-920-98730 $612,918.00 630-970-98730 619,138.50 Total $1,232,056.50
Sufficient funds are available in these accounts to make this expenditure. This project is included in the Capital Improvement Program plan and, upon approval of this item, will have $1,351,088.02 remaining out of a total budget of $2,896,000.00.
Finance Review by: Tammy Wilson, Director of Accounting & Budget
IV. LEGAL REVIEW:
Meredith Ladd of Brown & Hofmeister, L.L.P., has reviewed the construction agreement as to form and legality.
V. ATTACHMENTS:
1. Bid Tabulation 2. Construction Agreement
VI. RECOMMENDED MOTION OR ACTION:
Move to approve Bid No. 2013-20-B, for the construction of the Upper Timber Creek Interceptor Phase I, to Wright Construction Company, Inc., in the amount of $1,232,056.50; and authorize the Mayor to execute same on behalf of the Town. Page 163 of 230
Attachment 1
Town of Flower Mound Bid Tabulation
Bid No: 2013-20-B Upper Timber Creek Interceptor Phase I (FM 2499 - Morriss Rd. and Buckthorn Ct. - FM 1171) Bid Opening: 11/28/12 at 2:00 PM Base Bid Wright Construction Co., Inc. $ 1,232,056.50 John Burns Construction Company of Texas, Inc. $ 1,309,698.00
Lewis Contractors, Inc. $ 1,398,980.00 S.J. Louis Construction of Texas, LTD $ 1,433,906.43 Mountain Cascade of Texas, LLC $ 1,449,689.00 North Texas Contracting, Inc. $ 1,476,303.00 Ark Contracting Services, LLC $ 1,656,543.00 Gin-Spen, Inc. $ 1,713,906.60 CPS Civil LLC $ 1,722,203.00 Dowager Utility Construction, Ltd. $ 1,958,861.00
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. Certified By: January M. Cook, CPPO, CPPB Date: November 28, 2012 Purchasing Manager Town of Flower Mound, Texas Page 164 of 230
Attachment 2
TOWN OF FLOWER MOUND
Upper Timber Creek Interceptor Phase I (FM 2499 – Morriss Rd. and Buckthorn Ct. – FM 1171)
Bid # 2013-20-B
CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (the “Agreement”), made and entered into this 17th day of December, 2012, by and between the Town of Flower Mound, County of Denton, Texas, hereinafter referred to as the “Town,” and Wright Construction Company, Inc., a ______, hereinafter referred to as the “Contractor.” For and in consideration of the payment, agreements, and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows:
Upper Timber Creek Interceptor Phase I (FM 2499 – Morriss Rd. and Buckthorn Ct. – FM 1171) Bid # 2013-20-B in the Town of Flower Mound, Texas, and all extra work in connection therewith, under the terms as stated in this Agreement, and under the terms of the Contract Documents; and at his, her, or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools, and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Conditions and Specifications as prepared by the Town or its consultant hereinafter called “Engineer”, who has been identified by the endorsement of the Contractor's written proposal, and the General Conditions, Supplemental Conditions, and Special Provisions of this Agreement, and the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Agreement.
ARTICLE 1. The Contract Documents shall consist of the following documents:
A. The Construction Agreement;
B. Properly executed Change Orders and Field Orders in writing and executed by the Town, the last in time being first in precedence;
C. Any listed and numbered addenda;
D. Special Provisions;
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E. Supplementary Conditions;
F. Construction Drawings or Plans;
G. Technical Specifications;
H. Town's Standard Construction Details;
I. The most current edition of the Town of Flower Mound Design Criteria and Construction Standards (by reference);
J. Occupational Safety and Health Standards – Excavation, 20 CFR Part 1926 (by reference);
K. Texas Manual on Uniform Traffic Control Devices (TMUTCD) (by reference);
L. The General Conditions;
M. Public Works Construction Standards - North Central Texas, as amended (by reference);
N. Notice to Bidders;
O. Instructions to Bidders;
P. The Town's written notice to proceed to Contractor;
Q. The Contractor’s Bid Proposal;
R. The Performance Bond, Payment Bond and Maintenance Bond; and
S. Bid materials distributed by the Town that relate to the Project.
These Contract Documents are incorporated by reference into this Agreement as if set out in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided; however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair, and/or correct that component of the project.
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ARTICLE 2. For performance of the Work in accordance with the Contract Documents, the Town shall pay the Contractor in current funds an amount not to exceed One Million Two Hundred Thirty Two Thousand Fifty Six Dollars and Fifty Cents ($1,232,056.50) taking into consideration additions to or deductions from the Total Bid through properly executed change orders by reason of alterations or modifications of the original quantities or by reason of “Extra Work” authorized under this Agreement in accordance with the provisions of the Contract Documents. It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the Contractor by the Town, the said Contractor shall furnish all labor, equipment, and material (except as otherwise specified above) and shall perform all work necessary to complete the improvements in a good and substantial manner, ready for use, within the specified time for completion of two hundred forty (240) calendar days, and final completion of two hundred seventy (270) calendar days ready for final payment, as measured from the Effective Start Date shown in the Notice to Proceed. Work associated with Line “A” between Sta. 31+74.78 to Sta. 38+04.00 shall be completed no later than June 1, 2013. No time extension will be given for this portion of the work for any reason. The work shall be in strict accordance with this Agreement, a copy of which is filed pursuant to law in the office of the legal representative of the Town.
ARTICLE 3. Before commencing work, the Contractor shall, at its own expense, procure, pay for, and maintain the insurance coverage required by the Contract Documents written by companies approved by the State of Texas and acceptable to the Town of Flower Mound. Contractor shall provide the Town Purchasing Manager with certificates of insurance indicating coverage’s required by the Contract Documents. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificate of Insurance similar to the ACORD Form are acceptable. Town will not except Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time.
ARTICLE 4. The Contractor shall procure and pay for performance and payment bonds applicable to the work in the amount of the total bid price. The Contractor shall also procure and pay for a maintenance bond applicable to the work in the amount of one hundred percent (100%) of the total bid price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in the Special Conditions. The performance, payment, and maintenance bonds shall be issued on the forms attached to this Construction Agreement. Other performance, payment, and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement.
The performance, payment, and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information
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Attachment 2
concerning the performance, payment, and maintenance bonds upon Town request. In addition to the foregoing requirements if the amount of the bond exceeds One Hundred Thousand and Zero/One Hundredths Dollars ($100,000.00) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand and Zero/One Hundredths Dollars ($100,000.00) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570.
ARTICLE 5. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Town shall pay the Contractor the compensation due him by reason of said faithful performance of the work in accordance with the provisions of this Agreement. As it completes portions of the Work, the Contractor may request progress payments from the Town. Progress payments shall be made by the Town based on the Town's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non- perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Town satisfactory evidence that material suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the Town:
1. copies of documents reasonably necessary to aid the Town in preparing an estimate of the value of Work properly completed;
2. full releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Town releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment;
3. an updated and current schedule clearly detailing the project’s critical path elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Town determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Town determines after final payment that it has overpaid the
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Contractor, then Contractor agrees to pay to the Town the overpayment amount specified by the Town within thirty (30) calendar days after it receives written demand from the Town.
The fact that the Town makes a progress payment shall not be deemed to be an admission by the Town concerning the quantity, quality, or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the Town shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set depending upon the value of the Contract Work on the effective date of the Contract:
Contract Amount Retainage Percentage
Up to $25,000.00 15%
$25,000.00 to $400,000.00 10%
Over $400,000.00 5%
Retainage shall be withheld and may be paid to:
1. ensure proper completion of the Work. The Town may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work;
2. ensure timely completion of the Work. The Town may use retained funds to pay liquidated damages; and
3. provide an additional source of funds to pay claims for which the Town is entitled to indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Town in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment.
ARTICLE 6. The Town may withhold payment of some or all of any progress or final payment that would otherwise be due if the Town determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Town may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work.
The Town may withhold payment of some or all of any progress or final payment that would otherwise be due if the Town determines, in its discretion, that it is necessary and
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proper to provide an additional source of funds to pay claims for which the Town is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage.
ARTICLE 7. When the erosion control measures have been completed, the Contractor shall request that the Town perform a final inspection. The Town shall inspect the Work. If the Town determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Town determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled.
ARTICLE 8. When the Work is completed, the Contractor shall request that the Town perform a final inspection. The Town shall inspect the Work. If the Town determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Town determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in the Town’s written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on “substantial completion” of the Work, use or occupancy of the Work, or for any reason other than the Town’s written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work.
In its discretion, the Town may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
ARTICLE 9. After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any.
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Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens, or other evidence satisfactory to the Town to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Town may, but is not obligated to, issue final payment using joint checks.
Final payment to the Contractor shall not be due until the Contractor has supplied to the Town copies of all documents that the Town determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Town has satisfied its obligation to administer the Agreement in accordance with applicable law.
Subject to the requirements of the Contract Documents, the Town shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted.
ARTICLE 10. CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TOWN, ITS TOWN COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES, OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR RESULT FROM THE PERFORMANCE OF THE WORK OR WHICH ARE CAUSED BY THE INTENTIONAL ACTS OR NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS, OR EMPLOYEES OF EITHER CONTRACTOR OR ITS SUBCONTRACTORS, AND ANY OTHER THIRD PARTIES FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE (THE "INDEMNIFIED ITEMS").
BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Town shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Town. Contractor shall retain approved counsel for the Town within seven business days after receiving written notice from the Town that it is invoking its right to indemnification under this Agreement. If Contractor does not retain counsel for the Town within the required time,
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then the Town shall have the right to retain counsel and the Contractor shall pay the attorneys' fees and expenses.
The Town retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Town elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Town for such costs.
ARTICLE 11. The Contractor understands and agrees that time is of the essence in performing and completing the Work. The Town and Contractor acknowledge that the actual damages the Town may sustain if the Contractor fails to complete the Work on time are uncertain and will be difficult to ascertain. The Contractor agrees that the sum of One Thousand and Zero/One Hundredths Dollars ($1,000.00) per day or portion of a day in Liquidated Damages will be deducted from the Contract price by the Town for each calendar day or portion thereof that the work is not substantially complete beyond the Substantially Complete Contract time, or within such extra time as may have been allowed by an extension approved by the Town. The Contractor also agrees that the sum of Five Hundred and Zero/One Hundredths Dollars ($500.00) per day or portion of a day in Liquidated Damages for each calendar day or portion thereof the work has not been finally completed by the Contractor beyond the Contract time for final completion, or within such extra time as may have been allowed by an extension approved by the Town. Furthermore, the Contractor agrees that the sum of One Thousand and Zero/One Hundredths Dollars ($1,000.00) per day or portion of a day in Liquidated Damages will be deducted from the Contract price by the Town for each calendar day or portion thereof that the work associated with Line “A” from Sta. 31+74.78 to Sta. 38+04.00, including site restoration and landscaping, is not complete beyond June 1, 2013. No time extension will be provided for the worked from Sta. 31+74.78 to Sta. 38+04.00 for any reason. The Town and the Contractor agree that this amount is payable as reasonable and just compensation for failure to complete the Work on time. This amount is payable as liquidated damages and not as a penalty.
ARTICLE 12. For a two-year period after the date specified in a written notice of acceptance of Work and authorization to make final payment by the Flower Mound Town Council, Contractor shall provide and pay for all labor and materials that the Town determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Town may make a warranty inspection of the Work. The Town shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Town shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected.
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The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Town may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both.
If the Town determines that a hazard exists because of defective materials and workmanship, then the Town may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Town to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both.
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section.
The Town may make as many warranty inspections as it deems appropriate.
ARTICLE 13. The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid.
ARTICLE 14. The Contractor shall sign the Construction Agreement, and deliver signed performance, payment, and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Town makes available to the Contractor copies of the Contract Documents for signature. Six copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town.
The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is
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expressly provided; however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Town delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Mayor or Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure that:
1. the Contractor timely delivers to the Town all bonds and insurance documents; and
2. the Town retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents.
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST THE TOWN, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE TOWN BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE TOWN DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Denton County, Texas.
Although the Construction Agreement has been drafted by the Town, should any portion of the Construction Agreement be disputed, the Town and Contractor agree that it shall not be construed more favorably for either party.
The Contract Documents are binding upon the Town and Contractor and shall inure to their benefit as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Mayor or Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Mayor or Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date.
IN WITNESS WHEREOF, the Town and the Contractor, respectively, have caused this Agreement to be duly executed in the day and year first herein written in six copies, all of which to all intents and purposes shall be considered as the original.
This Agreement will be effective on the 17th day of December, 2012.
CA-10 Construction Agreement Rev. 2/29/12 Page 174 of 230
Attachment 2
TOWN OF FLOWER MOUND CONTRACTOR
______(Signature) Thomas E. Hayden, MAYOR ______(Printed Name)
______(Position)
(CORPORATE SEAL) (CORPORATE SEAL)
ATTEST:______ATTEST:______(Signature) Theresa Scott, TOWN SECRETARY ______(Position)
APPROVED AS TO FORM AND LEGALITY:
______Terrence S. Welch, TOWN ATTORNEY
CA-11 Construction Agreement Rev. 2/29/12 Page 175 of 230 TOWN COUNCIL MEETING AGENDA ITEM NO: 15 December 17, 2012
[ ] CONSENT ITEM [X] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Matthew Woods, Director of Environmental Services
THROUGH: Chuck Springer, Interim Town Manager Kent Collins, P.E., Assistant Town Manager
PRESENTER: Matthew Woods, Director of Environmental Services
ITEM: Consider approval of a Professional Services Agreement for monthly air monitoring by Modern Geosciences, LLC., in the amount of $144,000.00; and authorization for the Mayor to execute same on behalf of the Town.
[ ] Ordinance [ ] Resolution [X] Motion [ ] Direction
I. SUMMARY:
The Town conducted monthly air monitoring evaluations in 2012 with the objective of assessing the Town’s ambient air conditions. In an effort to continue to assess the ambient air conditions in the Town on a frequent basis, monthly ambient air monitoring is proposed for calendar year 2013.
II. BACKGROUND INFORMATION:
The Town began conducting air monitoring evaluations in 2010 on a quarterly basis to assess the ambient air conditions adjacent to gas well operations and other areas in the Town. In 2011, the Town Council directed staff to implement monthly air monitoring at various sampling points in the Town. The Town Council approved the ongoing monthly air monitoring program for 2012 to be conducted by Modern Geosciences. The reports from the 2010 through 2012 sampling activities and monthly air evaluations have been provided to the Town and are posted on the Town’s webpage.
Proposed sampling locations for 2013 include areas within or adjacent to gas well operations, residential areas, LISD property, and public property. Sampling methods will be consistent with EPA and TCEQ sampling methods. Modern Geosciences has provided an acceptable scope of services for the air sampling project. Modern Geosciences has the necessary experience to perform the requested sampling and analysis. The total cost for the monthly ambient air monitoring for 2013 is estimated at $144,000.
The costs associated with the air monitoring program are covered by gas well pad site monitoring and inspection fees. The Town Council approved the amended monthly gas well pad site inspection fees in September 2010 to cover certain expenses associated with the gas well inspection and monitoring Page 176 of 230
program which includes the air monitoring evaluations. The current Professional Services Agreement expires in December 2012.
III. FISCAL IMPACT:
Proposed Expenditure: $144,000.00
Proposed Funding: Account No./Description Amount 100-690-96050-5110 (FY 12-13) $108,000.00 100-690-96050-5110 (FY 13-14) $ 36,000.00
Sufficient funds are available to make this expenditure in FY 12-13. Upon approval of item, the remaining balance will be $46,206.00.
Sufficient funds will be available in this account in FY 13-14 subject to and upon approval of the Fiscal Year 2013-2014 Budget.
Finance Review by: Tammy Wilson, Director of Accounting & Budget
IV. LEGAL REVIEW:
Meredith Ladd, of Brown and Hofmeister, L.L.P., has reviewed the proposed agreement as to form and legality.
V. ATTACHMENTS:
1. Professional Services Agreement
VI. RECOMMENDED MOTION OR ACTION:
Move to approve a Professional Services Agreement for monthly air monitoring by Modern Geosciences, LLC., in the amount of $144,000.00; and authorize the Mayor to execute same on behalf of the Town.
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THE STATE OF TEXAS § Professional Services Agreement COUNTY OF DENTON § with MODERN GEOSCIENCES, LLC.
THIS CONTRACT is entered into on this ______day of ______, 20 ___, by and between the TOWN OF FLOWER MOUND, TEXAS, a municipal corporation located in Denton County, Texas, (hereinafter referred to as “TOWN”), acting by and through its Mayor, and MODERN GEOSCIENCES, LLC, (hereinafter referred to as “CONSULTANT”) whose address is 1904 Industrial Blvd., Suite 107, Colleyville, TX, 76034.
W I T N E S S E T H:
WHEREAS, TOWN desires to obtain professional services from CONSULTANT to conduct twelve (12) monthly ambient air evaluations in 2013, and provide a final report for each sampling to the TOWN; and
WHEREAS, CONSULTANT is an architectural, engineering, professional geosciences, professional planning, or urban design firm qualified to provide such services and is willing to undertake the performance of such services for TOWN in exchange for fees hereinafter specified; NOW, THEREFORE,
THAT IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows:
I. Employment of Consultant
CONSULTANT will perform as an independent contractor all services under this Contract to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the architectural, engineering and planning professions, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If CONSULTANT is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONSULTANT agrees to perform those special expertise services to the appropriate local, regional and national professional standards.
II. Scope of Services
CONSULTANT shall perform such services as are necessary to professional services not necessarily limited to, the tasks enumerated more fully in Attachment “A” hereto entitled “Scope of Work” (hereafter referred to as the “Project”). Attachment Page 178 of 230
“A” is hereby incorporated herein by reference and made a part hereof as if written word for word. However, in case of conflict in the language of Attachment “A” and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto.
III. Payment for Services
Total payment for services described herein shall be a sum not to exceed One Hundred and Forty Four Thousand and no/100 Dollars ($144,000.00). No budgetary amount has been included for additional services. No additional services may be performed or provided without the express written approval of the Town Council.
If additional services, trips or expenses are requested, CONSULTANT will not provide such additional services until authorized by TOWN in writing to proceed. The scope of services shall be strictly limited. TOWN shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless TOWN shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts.
Each month CONSULTANT will submit to TOWN an invoice for actual services performed and reimbursable expenses incurred by CONSULTANT during the previous month. Each invoice shall be itemized to show the amount of work performed during that month broken down by the identity of the person(s) performing such work, the amount of time expended by such person(s) in performing that work, the billing rate for each such person, and a brief summary of the work performed by each such person. Each invoice shall also state the percentage of work completed on the Project, the total of the current invoice amount and a running total balance for the Project to date.
Within thirty (30) days of receipt of each such monthly invoice TOWN shall make monthly payments in the amount shown by CONSULTANT’s approved monthly statements and other documentation submitted.
Nothing contained in this Contract shall require TOWN to pay for any work that is unsatisfactory as determined by TOWN or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which TOWN may have if CONSULTANT is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default.
IV. Revisions of the Scope of Services
TOWN reserves the right to revise or expand the scope of services after due approval by TOWN as TOWN may deem necessary, but in such event TOWN shall pay Page 179 of 230
CONSULTANT equitable compensation for such services. In any event, when CONSULTANT is directed to revise or expand the scope of services under this Section of the Contract, CONSULTANT shall provide TOWN a written proposal for the entire costs involved in performing such additional services. Prior to CONSULTANT undertaking any revised or expanded services as directed by TOWN under this Contract, TOWN must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project.
It is expressly understood and agreed by CONSULTANT that any compensation not specified in Paragraph III herein above may require Flower Mound Town Council approval and is subject to the current budget year limitations.
V. Term
This Contract shall begin on the date first written above, and shall terminate when TOWN has approved the Project as being final or otherwise terminates this Contract as provided herein.
VI. Contract Termination Provision
This Contract may be terminated at any time by TOWN for any cause by providing CONSULTANT thirty (30) days written notice of such termination. Upon receipt of such notice, CONSULTANT shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Contract and shall proceed to promptly cancel all existing contracts insofar as they are related to this Contract. Subject to compliance with Paragraph III, above, CONSULTANT will be compensated for satisfactory services performed and authorized expenses incurred up to the date on which CONSULTANT receives the written notice of such termination.
VII. Ownership of Documents
All materials and documents prepared or assembled by CONSULTANT under this Contract shall become the sole property of TOWN and shall be delivered to TOWN without restriction on future use. CONSULTANT may retain in its files copies of all drawings, specifications and all other pertinent information for the work. CONSULTANT shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract, or for other use than the purposes intended by this Contract.
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VIII. Insurance
CONSULTANT shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the CONSULTANT. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability.
2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance.
3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract.
4. Professional Liability, also known as Errors and Omissions coverage.
B. Minimum Limits of Insurance: CONSULTANT shall maintain throughout contract limits not less than:
1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for:
a. Premises / Operations
b. Broad Form Contractual Liability
c. Products and Completed Operations
d. Personal Injury
e. Broad Form Property Damage
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2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee.
3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos.
4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate.
C. Deductibles and Self-Insured Retentions
Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain the following provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers.
b. The CONSULTANT’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’s insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers.
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d. The CONSULTANT’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability.
2. Workers Compensation and Employer’s Liability Coverage:
The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town.
3. All Coverages:
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Town.
4. Professional Liability and / or Errors and Omissions:
“Claims made” policy is acceptable coverage which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town.
E. Acceptability of Insurers
The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better.
F. Verification of Coverage
CONSULTANT shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time.
IX. Right to Inspect Records
CONSULTANT agrees that TOWN shall have access to and the right to examine any directly pertinent books, documents, papers and records of CONSULTANT involving transactions relating to this Contract. CONSULTANT agrees that TOWN shall have access during normal working hours to all necessary CONSULTANT Page 183 of 230
facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. TOWN shall give CONSULTANT reasonable advance notice of intended audits.
CONSULTANT further agrees to include in subcontract(s), if any, a provision that any subcontractor or engineer agrees that TOWN shall have access to and the right to examine any directly pertinent books, documents, papers and records of such engineer or sub-contractor involving transactions to the subcontract, and further, that TOWN shall have access during normal working hours to all such engineer or sub- contractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of the paragraph. TOWN shall give any such engineer or sub-contractor reasonable advance notice of intended audits.
X. Successors and Assigns
TOWN and CONSULTANT each bind themselves and their successors, executors, administrators and assigns to the other party to this contract and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Contract. Neither TOWN nor CONSULTANT shall assign or transfer its interest herein without the prior written consent of the other.
XI. CONSULTANT’s Liability
Acceptance of the final plans by the TOWN shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work which fail to meet the requisite standard of care; nor shall such acceptance be deemed an assumption of responsibility by TOWN for any error or omission in the designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by TOWN for any error or omission in the designs, working drawings, specifications or other documents and work prepared by said CONSULTANT, its employees, associates, agents or sub-consultants.
XII. Indemnification
CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL CLAIMS, RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING TOWN’S REASONABLE ATTORNEYS’ FEES AND EXPENSES OF LITIGATION AND/OR SETTLEMENT, THAT MAY Page 184 of 230
ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE OF PROPERTY OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT OR OMISSION OF CONSULTANT AS WELL AS ANY NEGLIGENT OMISSION, ACT OR ERROR OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT.
XIII. Independent Contractor
CONSULTANT’s status shall be that of an Independent Contractor and not an agent, servant, employee or representative of TOWN in the performance of this Contract. No term or provision of or act of CONSULTANT or TOWN under this Contract shall be construed as changing that status. CONSULTANT will have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and engineers and the doctrine of respondent superior shall not apply as between TOWN and CONSULTANT, its officers, agents, employees, contractors, subcontractors and engineers, and nothing herein shall be construed as creating a partnership or joint enterprise between TOWN and CONSULTANT. XIV. Default
If at any time during the term of this Contract, CONSULTANT shall fail to commence the work in accordance with the provisions of this Contract or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then TOWN shall have the right, if CONSULTANT shall not cure any such default after thirty (30) days written notice thereof, to terminate this Contract. Any such act by TOWN shall not be deemed a waiver of any other right or remedy of TOWN. If after exercising any such remedy due to CONSULTANT’s nonperformance under this Contract, the cost to TOWN to complete the work to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONSULTANT hereunder, CONSULTANT shall be liable for and shall reimburse TOWN for such excess. CONSULTANT’S liability under this provision shall be limited to the total dollar amount of this Contract.
TOWN’s remedies for CONSULTANT’s default or breach under this Contract shall be limited to one or more of the following remedies which may be exercised separately or in combination at TOWN’s sole exclusive choice:
(a) Specific performance of the Contract;
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(b) Re-performance of this Contract at no extra charge to TOWN; or
(c) Monetary damages in an amount not to exceed the greater of:
(1) The amount of any applicable insurance coverage CONSULTANT is required to purchase and maintain under this Contract plus any deductible amount to be paid by CONSULTANT in conjunction with said coverage regardless of whether CONSULTANT has actually purchased and maintained said coverage; or
(2) The total dollar amount of this Contract.
The terms of Sections XII entitled Indemnification, and XVII entitled Confidential Information shall survive termination of this Contract.
XV. Changes
TOWN may, from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed upon by and between TOWN and CONSULTANT shall be incorporated by written modification to this Contract. XVI. Conflict of Interest
CONSULTANT covenants and agrees that CONSULTANT and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by CONSULTANT pursuant to this Contract will be conducted by employees, associates or subcontractors of CONSULTANT.
XVII. Confidential Information
CONSULTANT hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of its obligations in accordance with this Contract, which is of a confidential, non-public or proprietary nature. CONSULTANT shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Contract. As used herein, “Confidential Information” means all oral and written information concerning TOWN, its affiliates and subsidiaries, and all oral and written information concerning TOWN or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilation, studies or Page 186 of 230
other documents, whether prepared by CONSULTANT or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such materials that are or become generally available to the public other than as a result of disclosure of CONSULTANT, or are required to be disclosed by a governmental authority.
XVIII. Mailing Address
All notices and communications under this CONTRACT to be mailed to TOWN shall be sent to the address of TOWN’s agent as follows, unless and until CONSULTANT is otherwise notified:
Matthew Woods Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 972-874-6348 Telephone 972-874-6473 Facsimile
Notices and communications to be mailed or delivered to CONSULTANT shall be sent to the address of CONSULTANT as follows, unless and until TOWN is otherwise notified:
Kenneth S. Tramm Modern Geosciences, LLC. 1904 Industrial Blvd., Suite 107 Colleyville, TX 76034 682-223-1322 Telephone
Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted, faxed or personally delivered by the sending party.
XIX. Applicable Law
The Contract is entered into subject to the Flower Mound Town Charter and ordinances of TOWN, as same may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws. CONSULTANT will make any and all reports required per federal, state or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with CONSULTANT’s income. Situs of this Contract is agreed to be Denton County, Texas, for all purposes, including performance and execution.
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XX. Severability
If any of the terms, provisions, covenants, conditions or any other part of this Contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
XXI. Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract.
XXII. Entire Agreement
This Contract embodies the entire agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties.
XXIII. Non-Waiver
It is further agreed that one (1) or more instances of forbearance by TOWN in the exercise of its rights herein shall in no way constitute a waiver thereof.
XXIV. Headings
The headings of this Contract are for the convenience of reference only and shall not affect any of the terms and conditions hereof in any manner.
XXV. Venue
The parties to this Contract agree and covenant that this Contract will be enforceable in Flower Mound, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Denton County, Texas.
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XXVI. No Third Party Beneficiary
For purposes of this Contract, including its intended operation and effect, the parties (TOWN and CONSULTANT) specifically agree and contract that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with TOWN or CONSULTANT or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or CONSULTANT.
XXVII. Force Majeure
Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the reasonable control of such party, including, without limitation: fire, explosion, power failure, flood, earthquake or other act of God; war, revolution, civil commotion, terrorism, or acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts. In such event, the party affected shall be excused from such performance on a day-to-day basis to the extent of such interference and the other party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such party’s obligations relate to the performance so interfered with.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date first above written.
(Signatures on following page)
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TOWN: TOWN OF FLOWER MOUND, TEXAS
By: Name: Thomas E. Hayden Title: Mayor, Town of Flower Mound
State of Texas § § County of Denton §
This instrument was acknowledged before me on the _____ day of ______20_____, by Thomas E. Hayden, Mayor of the Town of Flower Mound, Texas, on behalf of the Town of Flower Mound, Texas. ______Notary Public, State of Texas My Commission Expires:
______CONSULTANT: MODERN GEOSCIENCES, LLC. By: ______Name: ______Title: ______Date Signed: ______State of Texas § § County of ______§
This instrument was acknowledged before me on the ______day of ______, 20_____, by ______in his capacity as ______of MODERN GEOSCIENCES, LLC., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same on behalf of and as the act of ______.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20_____. ______Notary Public, State of Texas My Commission Expires:
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DATE November 19, 2012 PROPOSAL P12151
ATTN Mr. Matthew Woods 1001 Cross Timbers Road, Suite 2330 FIower Mound, Texas 75208
SUBJECT Ambient Air Sampling Program ‐ 2013 Flower Mound, Texas
Dear Mr. Woods:
Modern Geosciences, LLC (Modern) is pleased to submit this this proposal to the Town of Flower Mound (Town) to perform Monthly Ambient Air Sampling in 2013.
The following sections provide our understanding of the proposed project, scope of work, fee and schedule. Modern’s consulting services will be conducted in accordance with the scope of services detailed below and a Professional Services Agreement (PSA) provided by the Town.
BACKGROUND AND PROJECT UNDERSTANDING Modern understands the Town would like to continue annual sampling in 2013. Prior sampling has been performed quarterly (2010) and monthly (2011 and 2012) to help the Town monitor air quality near oil and gas operations as well as other discrete areas of the Town.
Dr. Kenneth Tramm with Modern has been the Program Manager since 2010 and will continue in this capacity. Past sampling has focused on the evaluation of Volatile Organic Compounds (VOCs). When requested, additional evaluation has included periodic evaluation for Reduced Sulfur Compounds (RSCs) and Carbonyl Compounds.
Based on our discussion with the Town, Modern will also include enhanced Field Inspection using a photo‐ionization detector (PID) with resolution to parts per billion by volume (ppbv) levels as well as hydrogen sulfide and methane monitoring based on atmospheric percentage. Additionally, the data reporting will include the presentation of wind speed and direction within a wind rose plot to aid in data presentation.
SCOPE OF SERVICES TASK 1: AMBIENT AIR SAMPLING AND FIELD SCREENING Following authorization, Modern will develop a project‐specific Health and Safety Plan (HASP) for Modern personnel anticipated to be on‐site. If required by our client or the padsite operator, Flame Resistant clothing will be worn during access to areas where flammable environments are anticipated. It is anticipated that the services will be performed under Level D safety requirements and no other protective gear is required.
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 | F 682.223.1593 | P 682.223.1322 PROPOSAL P12151 | NOVEMBER 19, 2012 | PAGE 1 WWW.MODERNGEOSCIENCES.COM
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Modern understands nine (9) locations and one (1) duplicate will be subject to monthly sampling. These include: . AA‐1 approximately 300 feet east of Furst Ranch Pad D; . AA‐2 located adjacent to the Armstrong‐Huggins Pad; . AA‐3 near the intersection of Sunnyview Lane and High Road along the USACE nature trail; . AA‐4 west of the Fire Station at Shiloh Road and Cross Timbers Road (adjacent north of CAMS 1007); . AA‐5 on Scenic Road, northwest of the Sam Wilson Site No. 2 (Premier Facility); . AA‐6 located west of the parking area of Liberty Elementary School, north of Quail Run; . AA‐7 located along Timber Creek Road; . AA‐8 collected adjacent to the northern baseball field at Gerault Park; . AA‐13 on the Titan pad site; and . Duplicate Sample (randomly selected from the above points).
The final sampling locations will be based on monthly direction by our client and accessibility to the desired sampling location.
Consistent with EPA and TCEQ methodologies for air sampling, the ground‐level ambient air sample will be collected using laboratory‐prepared canisters. The canister will be placed at the sampling point with the flow intake positioned approximately five feet above the ground surface to collect an air sample representative of the breathing zone.
The canister will be fitted with a laboratory‐calibrated flow regulator to collect a sample over a 24‐hour period of time. Modern will record the sampling start date and time, canister and sample information, and relevant field conditions. During sampling, each canister will remain at the sampling location for approximately 24 hours. Following the desired sampling period, Modern will return to the Site to retrieve the canister (i.e. air sample) for laboratory analysis.
The sample will be transported under chain‐of‐custody documentation to a NELAP accredited laboratory for analysis. Laboratory analyses will be performed under standard turnaround time (approximately 15 working days).
Field Screening Field readings will be collected using a PID and other portable gas monitors (i.e., methane, hydrogen sulfide) at the initiation and completion of each sampling period for reference to field conditions.
If Oil/Gas equipment is accessible, Modern will record field readings at obvious emission points (i.e. thief hatches, dump valves, well heads) to allow monitoring of equipment over the duration of the project. It has been our experience that frequent monitoring of equipment can help prevent the occurrence of larger issues as equipment and system components reach the end of the usable lifespan.
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 | F 682.223.1593 | P 682.223.1322 PROPOSAL P12151 | NOVEMBER 19, 2012 | PAGE 2 WWW.MODERNGEOSCIENCES.COM
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Laboratory Analysis The samples will be analyzed for VOCs by EPA Method TO‐15. This method can identify more than 60 compounds, including compounds often associated with oil and gas production activities.
TASK 2: MONTHLY REPORTING The preliminary results of our assessment will be verbally reported during the course of the project. Modern’s scope of services for this assessment is based on the production of brief reports issued after each sampling period.
The reports will include: . Current laboratory results; . Current field inspection results; . Current weather data; . Previous laboratory results; and . Findings and Conclusions
The ambient air sampling results will be compared to the current Texas Commission on Environmental Quality (TCEQ) Short Term Air Monitoring Comparison Values (AMCVs) and if warranted, additional related risk criteria developed by the TCEQ Toxicology Division and/or other appropriate regulatory entities.
ESTIMATED BUDGET Modern will perform the above described scope of services on a lump sum of $12,000 per month with annual budget of $144,000. Additional costs might be incurred if the assumptions presented earlier are not correct. In the event that additional costs and services are required, Modern will notify the town immediately and prepare an estimate of the additional cost. Modern will not exceed the authorized amount until written approval from town has been received. The estimated project budget is summarized in the table below.
MONTHLY PROJECT BUDGET TASK 1: AMBIENT AIR SAMPLING AND FIELD INSPECTIONS Consulting Labor $ 4,000 Sampling Equipment Expenses ($150/ea) $ 1,500 Laboratory Expenses ($400/ea) $ 4,000 Task Expenses $ 500 Subtotal: $ 10,000 TASK 2: MONTHLY REPORTING Consulting Labor $ 1,800 Task Expenses $ 200 Subtotal: $ 2,000 MONTHLY TOTAL: $ 12,000 ANNUAL TOTAL: $ 144,000
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 | F 682.223.1593 | P 682.223.1322 PROPOSAL P12151 | NOVEMBER 19, 2012 | PAGE 3 WWW.MODERNGEOSCIENCES.COM
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PROJECT SCHEDULE Modern is ready to begin project activities within 10 days of authorization. Each monthly sampling event will include coordination with Town staff and padsite operators (as authorized by Town).
ASSUMPTIONS AND LIMITATIONS . Our client will coordinate all access and site personnel/equipment requirements to allow the above scope of services to be executed; . Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of our profession practicing in the same locality, under similar conditions and at the time the services are performed; . Our findings and conclusions will be based on the information available for review. This will only include a limited number of observations and data points. It is likely that conditions will vary between or beyond the specific points evaluated. Modern makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. The final report will be submitted electronically. Hard copies can be provided for an additional fee; . The samples collected as part of these services will represent conditions at the time of sampling only as future conditions can vary based on changing conditions, such as: work schedules of oil and gas exploration, production, and transmission, temperature, weather factors and other industrial activities within the Town; and . This proposal is valid for a period of 60 days from the date of issuance.
AUTHORIZATION If this proposal meets your needs please submit and executed copy of the full proposal, executed Notice to proceed and PSA to our office. If there is a need for any change in the scope of services described in this proposal, please contact us immediately. Any requested changes may require revision of the proposed fee and schedule. All terms and conditions indicated in this proposal will be considered by both parties to be in effect from the effective date of the executed contract through completion of the project.
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 | F 682.223.1593 | P 682.223.1322 PROPOSAL P12151 | NOVEMBER 19, 2012 | PAGE 4 WWW.MODERNGEOSCIENCES.COM
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CLOSING We thank you for the opportunity to provide this proposal for environmental services and look forward to working with you on this project. If you have any comments or questions concerning this proposal please contact us at your earliest convenience.
Respectfully submitted,
Kenneth S. Tramm, PhD, PG, CHMM PROJECT MANAGER
MODERN GEOSCIENCES TEXAS REGISTERED GEOSCIENCE FIRM 50411
IF THIS PROPOSAL MEETS YOUR NEEDS PLEASE PROVIDE AUTHORIZE SERVICES AS INDICATED BELOW.
NOTICE TO PROCEED THE ABOVE SCOPE IS UNDERSTOOD AND AUTHORIZED.
NAME:______SIGNATURE:______
TITLE: ______DATE: ______
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 | F 682.223.1593 | P 682.223.1322 PROPOSAL P12151 | NOVEMBER 19, 2012 | PAGE 5 WWW.MODERNGEOSCIENCES.COM
Page 195 of 230 TOWN COUNCIL MEETING AGENDA ITEM NO: 16 December 17, 2012
[ ] CONSENT ITEM [ X ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Melanie Harden, C.P.M., Director of General Services
THROUGH: Chuck Springer, Interim Town Manager
PRESENTER: Chuck Springer, Interim Town Manager
ITEM: Consider approval of the award of Best Value Bid No. 2013-2-A Municipal Grounds Maintenance to American Landscape Systems, Inc., at the unit prices bid, in the estimated annual amount of $150,000; and authorization for the Mayor to execute same on behalf of the Town.
[ ] Ordinance [ ] Resolution [X] Motion [ ] Direction
I. SUMMARY:
This item is to approve Best Value Bid No. 2013-2-A Municipal Grounds Maintenance. The initial term of the contract will be one year, with four optional one-year renewal periods.
II. BACKGROUND INFORMATION:
The Town of Flower Mound is soliciting bids for municipal grounds maintenance to be performed at 22 Town facilities. Services to be performed vary by facility and include: mowing, trimming, edging, maintaining beds, pruning, removing leaves, mulching, and caring for turf, trees and shrubs.
The bid specifications were developed, and a Notice to Bidders was advertised. Eight bids were received by the due date and time (October 10, 2012 at 2:00 pm). An evaluation committee consisting of representatives from Facilities Management evaluated the bids based on the following evaluation criteria:
1. Cost 2. Equipment 3. Safety Program 4. Work Request Program 5. Licenses 6. References
After completion of the evaluation process, staff recommends award of bid to American Landscape Systems, Inc. the best value bidder. American Landscape Systems, Inc. has previously provided satisfactory landscape maintenance services to Lewisville ISD, the Town of Addison, and the City of Frisco.
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American Landscape Systems, Inc. bid an annual base maintenance price of $94,350. Based on unit prices bid, the Facilities Management Division estimates an annual expenditure of $55,650 for additional services to be provided on an as- needed basis. These additional services include aeration, seeding, fertilization, irrigation system maintenance, winterization, and pest management. The total estimated annual expenditure for municipal grounds maintenance is $150,000.
III. FISCAL IMPACT:
Proposed Expenditure: $112,500 for remainder of FY 2012-13; $150,000 estimated annually
Proposed Funding: Account No./Description Amount 100-650-59200-5110 $150,000 Contractual Services
Sufficient funds are available to make this expenditure. Upon approval of this item, the remaining balance in the account will be $185,344.
Subsequent annual expenditures will be subject to appropriations granted in future fiscal years.
Finance Review by: Chuck Springer, Assistant Town Manager/CFO
IV. LEGAL REVIEW:
Meredith Ladd, of Brown & Hofmeister, L.L.P., has reviewed the contract as to form and legality.
V. ATTACHMENTS:
1. Evaluation Matrix 2. Contract
VI. RECOMMENDED MOTION OR ACTION:
Move to approve the award of Best Value Bid No. 2013-2-A Municipal Grounds Maintenance to American Landscape Systems, Inc., at the unit prices bid, in the estimated annual amount of $150,000; and authorize the Mayor to execute same on behalf of the Town. Page 197 of 230
Bid No. 2013-2-A Best Value Bid for Municipal Grounds Maintenance
All Around Lawn Care American Landscape Good Earth Corporation Greener Pastures Metro Landscape ValleyCrest Landscape VMC Landscape Xtreme Landsystems EVALUATION MATRIX Systems Maintenance, Inc. Maintenance Services POINTS WEIGHTED POINTS WEIGHTED POINTS WEIGHTED POINTS WEIGHTED POINTS WEIGHTED POINTS WEIGHTED POINTS WEIGHTED POINTS WEIGHTED Evaluation Criteria Weighting SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE Equipment 10% 2.00 0.20 9.00 0.90 5.00 0.50 3.00 0.30 1.00 0.10 8.00 0.80 5.00 0.50 1.00 0.10 Safety Programs 5% 1.00 0.05 8.00 0.40 0.00 0.00 10.00 0.50 1.00 0.05 8.00 0.40 10.00 0.50 1.00 0.05 Work Request Program 5% 5.00 0.25 8.00 0.40 0.00 0.00 5.00 0.25 1.00 0.05 10.00 0.50 0.00 0.00 1.00 0.05 Licenses 10% 5.00 0.50 8.00 0.80 0.00 0.00 10.00 1.00 3.00 0.30 5.00 0.50 10.00 1.00 0.00 0.00 References 10% 3.00 0.30 10.00 1.00 5.00 0.50 10.00 1.00 1.00 0.10 7.00 0.70 10.00 1.00 3.00 0.30 Cost 60% 8.40 5.04 7.70 4.62 7.12 4.27 6.28 3.77 5.43 3.26 6.09 3.65 5.05 3.03 10.00 6.00 TOTAL 100% 6.34 8.12 5.27 6.82 3.86 6.55 6.03 6.50 Attachment 1 Page 198 of 230
TOWN OF FLOWER MOUND CONTRACT FOR SERVICES BID NO. 2013-2-A
This Contract is made by the Town of Flower Mound, Texas, a municipal Corporation (“Town”) and Texas Lime Company (“Contractor”). The Town and Contractor agree:
1. EMPLOYMENT OF THE CONTRACTOR. The Town agrees to retain the Contractor, and the Contractor agrees to provide services relative to: Municipal Grounds Maintenance (hereinafter referred to as “Services”) in connection with the terms and conditions as set forth in Exhibit “A”, attached hereto and incorporated by reference.
2. SCOPE OF SERVICES. The Services to be performed are specified in Exhibit A. Deviations from the scope of work may be authorized from time to time by the Town in writing.
3. SCHEDULE OF WORK. The Contractor agrees to begin work upon receipt of written authorization from the Town. Time is of the essence for this Contract and work is to commence immediately.
4. CONTRACT PERIOD. The contract period is for twelve (12) months from date of award of contract. All pricing is to remain firm during the contract period. The contract is renewable for up to four (4) additional one-year terms on an annual basis, if written notice of the intent to renew is provided to the either party not less than sixty (60) days prior to the termination date.
5. COMPENSATION. Contractor’s total compensation for services to be performed and expenses to be incurred is specified in Exhibit B.
6. PAYMENTS. Payments will be processed on a monthly basis with payment available within 30 days after receipt of the invoice for the previous month’s service or as set forth in Exhibit A.
7. INVOICING. Invoices should be prepared and submitted to the Town for payment in accordance with Exhibit A. Invoices should be mailed to Accounts Payable, Town of Flower Mound, 2121 Cross Timbers Road, Flower Mound, TX 75028 or [email protected].
8. RIGHTS OF WITHHOLDING. The Town may withhold any payment or partial payment otherwise due the Contractor on account of unsatisfactory performance by the Contractor. The amount to be withheld will be calculated based on the work not performed and the impact to the Town. Any payment or partial payment that may be withheld for unsatisfactory performance can Page 199 of 230
be used to remedy the lack of performance and will not be paid to the Contractor.
9. INFORMATION PROVIDED BY THE TOWN. Although every effort has been or will be made to furnish accurate information, the Town does not guarantee the accuracy of information it furnishes to Contractor.
10. INSURANCE. The Contractor shall provide proof that it has obtained and will continue to maintain throughout the duration of the Contract the insurance requirements set forth in Exhibit A. Failure to maintain the required insurance may result in immediate termination of the Contract.
11. INDEMNIFICATION. As specified in Exhibit A.
12. TRANSFER OF INTEREST. Neither Town nor Contractor may assign or transfer their interests in the Contract without the written consent of the other party. Such consent shall not be unreasonably withheld. This Contract is binding on Town, Contractor, and their successors and assigns. Nothing herein is to be construed as creating a personal liability on the part of any Town officer, employee or agent.
13. AUDITS AND RECORDS. At any time during normal business hours and as often as the Town may deem necessary, the Contractor shall make available to the Town for examination all of its records with respect to all matters covered by the Contract and will permit the Town to audit, examine and make copies, excerpts, or transcripts from such records. The Town may also audit all contracts, invoices, payroll records of personnel, conditions of employment and other data relating to the Contract.
14. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to the following: employment, promotions, demotion, transfers, recruitment or recruitment advertising, layoffs, terminations, selection for training (including apprenticeships), and participation in recreational activities.
The Contractor agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
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The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, except that the foregoing provisions shall not apply to contracts or subcontracts for customary office supplies.
The Contractor shall keep records and submit reports concerning the racial and ethnic origin(s) of applicants form employment and employees as the law may require.
15. TERMINATION OF CONTRACT. Town may terminate this contract upon sixty (60) days written notice to Contractor, except in the event (i) Contractor is in breach of this Contract or (ii) Contractor fails to comply with the terms of Exhibit A. If either of the foregoing conditions exists, Town shall notify Contractor and Contractor shall be given two (2) days to cure such breach or failure to comply. Should Contractor fail to cure to the satisfaction of the Town, Town may terminate this Contract upon written notice.
Furthermore, the Town retains the right to terminate this Contract at the expiration of each Town budget period (September 30) during the term of this Contract, even without prior notice as described in the preceding sentence.
In the event of any termination hereunder, the Contractor consents to Town’s selection of another Contractor to assist the Town in any way in completing the Services. Contractor further agrees to cooperate and provide any information requested by Town in connection with the completion of the Services.
Contractor shall be compensated for Services performed and expenses incurred for satisfactory work up to the termination date in that Contractor shall receive a portion of fees and expenses permitted under this Contract in direct proportion to percentage of work actually completed up to the termination date. This provision shall not deprive the Town of any remedies against Contractor that may be available under applicable law.
16. CONTRACTOR’S REPRESENTATIONS. Contractor hereby represents to Town that Contractor is financially solvent and possesses sufficient experience, licenses, authority, personnel, and working capital to complete the Services required.
17. TOWN APPROVAL FOR ADDITIONAL WORK. No payment, of any nature whatsoever, will be made to Contractor for additional work without the Town’s written approval before such work begins.
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18. PERFORMANCE BY CONTRACTOR. All Services provided by the Contractor hereunder shall be performed in accordance with the highest professional standards and in accordance with Exhibit A, and Contractor shall be responsible for all Services provided hereunder whether such services are provided directly by contractor or by any contractors hired by Contractor. The Contractor shall perform all duties and Services and make all decisions called for hereunder promptly and without unreasonable delay. Contractor shall not utilize subcontractors to perform Services without the Town’s prior written consent.
19. DAMAGE. In all instances where Town property and/or equipment is damaged by the Contractor’s employees, a full report of the facts, extent of the damage and estimated impact on the Contractor’s schedule shall be submitted to the Town’s Facilities Management Division by 8 a.m. of the following Town business day after the incident. If damage may result in further damages to the Town or loss of Town property, the Contractor must notify Police Dispatch immediately. The contractor shall be fully liable for all damage to Town property or equipment caused by the Contractor’s officers, employees or agents.
20. TOWN OBJECTION TO PERSONNEL. If at any time after entering into this Contract, Town has any reasonable objection to any of Contractor’s personnel, or any personnel retained by Contractor, then Contractor shall promptly propose substitutes to whom the Town has no reasonable objection, and the Contractor’s compensation shall be equitably adjusted to reflect any difference in the Contractor’s costs occasioned by such substitution.
21. COMPLIANCE WITH LAWS. The contractor warrants and covenants to the Town that all Services will be performed in compliance with all applicable federal, state, county and Town laws, rules, and regulations including, but not limited to, the Texas Industrial Safety and Health Act and the Workers Right- to-Know Law. All necessary precautions shall be taken to assure that safety regulations prescribed by OSHA and the Town’s Representative are followed.
22. ENTIRE CONTRACT. This instrument together with Exhibit A attached hereto contains the entire Contract between the Town and Contractor concerning the Services. There will be no understandings or contracts other than those incorporated herein. The Contract may not be modified except by an instrument in writing signed by the parties hereto. In the event of a conflict between an attachment to this Contract and this Contract, this Contract shall control.
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23. MAILING ADDRESSES. All notices and communications concerning this Contract to be mailed or delivered to the Town shall be sent to the address of the Town as follow, unless and until the Contractor is otherwise notified:
January M. Cook, CPPO, CPPB Purchasing Manager Town of Flower Mound 2121 Cross Timbers Road Flower Mound, TX 75028
All notices and communications under this Contract to be mailed or delivered to the Contractor shall be sent to the address listed below until the Town is otherwise notified:
Joseph T. Angelone Vice President American Landscape Systems 1780 Midway Rd. Lewisville, TX 75056
Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date in the notice or communication is placed in the United States Mail or hand-delivered.
24. LEGAL CONSTRUCTION. If any one or more of the provisions contained in the Contract for any reason is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been included.
25. GOVERNING LAW. The validity of this Contract and of any of its terms or provisions as well as the rights and duties hereunder, shall be governed by and construed in accordance with Texas law. Venue for this Contract shall be located in Denton County, Texas.
26. COUNTERPARTS. The Contract may be signed in counterparts, each of which shall be deemed to be an original.
27. EFFECTIVE DATE. This contract shall be effective once it is signed by the Town and Contractor.
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Exhibit A and Exhibit B, consisting of the original bid document and the vendor’s response, are available for inspection in the Town Secretary’s Office. Due to the size of the documents, they were not included as part of the Agenda packet. Page 205 of 230
TOWN COUNCIL MEETING AGENDA ITEM NO: 17 December 17, 2012
[ ] CONSENT ITEM [ X ] REGULAR ITEM [ ] WORK SESSION ITEM
FROM: Robert Pegg, P.E., Senior Project Engineer
THROUGH: Chuck Springer, Interim Town Manager Kent Collins, P.E., Assistant Town Manager
PRESENTER: Kent Collins, P.E., Assistant Town Manager
ITEM: Consider approval of Change Order No. 17 for a contract reduction of $225,822.31, final acceptance of the Morriss/Gerault Road, Phase 1 (FM 2499 to FM 407) project; authorization for final payment to Tiseo Paving Company, in the amount of $823,423.79; and authorization for the Mayor to execute same on behalf of the Town.
[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction
I. SUMMARY:
Bid Number 20-10-B for the construction of Morriss/Gerault Road, Phase 1 (FM2499 to FM 407) is complete. Change Order No. 17 consists of final in- place quantity adjustments reducing the contract by $225,822.31, for an adjusted contract price of $15,406,514.82, for a final payment of $823,423.79; made up of a work completed amount of $56,292.65, and a final retainage payment of $767,131.14.
II. BACKGROUND INFORMATION:
The Morriss/Gerault Improvement Phase I project added two additional lanes to Gerault Road, from its existing intersection with FM 2499, north to FM 3040, in addition to providing for safety improvements to all of the intersections along Morriss and Gerault Roads. Phase I also improved safety along the entire length of the Morriss/Gerault corridor by widening the existing sidewalks from 4-foot to 6-foot wide, and provided for the addition of landscaping and irrigation in all medians.
Bid No. 20-10-B for the construction of the Morriss/Gerault Improvement Phase I project was awarded to TISEO Paving Company, on March 1, 2010, in the amount of $14,011,110.29. The notice to proceed was issued on April 20, 2010.
III. FISCAL IMPACT:
Proposed Expenditure: $823,423.79
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Proposed Funding: Account No./Description Amount 508-220-77100 $823,423.79
Sufficient funds are available in this account to make this expenditure. This project is included in the Capital Improvement Program plan and, upon approval of this item, will have $249,750.79 remaining out of a total budget of $20,300,000.00.
Finance Review by: Tammy Wilson, Director of Accounting & Budget
IV. LEGAL REVIEW:
N/A
V. ATTACHMENTS:
1. Change Order No. 17 2. Change Order Summary to Date 3. Final Contract Estimate for Payment 4. Contractor’s Affidavit of Bills Paid 5. Consent of Surety to Final Payment
VI. RECOMMENDED MOTION OR ACTION:
Move to approve Change Order No. 17 for a contract reduction of $225,822.31; final acceptance of the Morriss/Gerault Road, Phase 1 (FM2499 to FM 407) project; authorize final payment to Tiseo Paving Company, in the amount of $823,423.79; and authorize the Mayor to execute same on behalf of the Town.
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CHANGE ORDER ATTACHMENT 1 Effective Date: Effective on the date of execution by the Town Manager
Owner: Town of Flower Mound Contractor: TISEO Paving Company, P.O. Box 270040, Dallas, Texas, 75227 Project: Morriss/Gerault Rd., Phase 1
CHANGE ORDER NO. 17 and Final The compensation agreed upon in this Change Order is a full, complete, and final payment for all costs the Contractor incurs as a result of or relating to the change, whether said costs are known, unknown, foreseen, or unforeseen at this time, including without limitation, any costs for delay, extended overhead, ripple or impact costs, or any other effect on changed or unchanged work as a result of this change.
You are directed to make the following changes in the Contract Documents:
Item No. Description Unit Add/ Deduct Quan Unit Price Extended Amount 6 Remove Existing Pavement Markings LF Deduct 798 $0.35 $ (279.30) 8 Earthwork (Excavation) (Channel) CY Add 45 $9.35 $ 420.75 10 Lime or Cement Treated Subgrade (10") SY Deduct 883.2 $1.80 $ (1,589.76) 11 Lime or Cement (6%) TN Deduct 41.88 $145.00 $ (6,072.60) 12 Concrete Pavement (reinforced) (8") SY Deduct 1705.5 $32.15 $ (54,831.83) 13 Lime or Cement Treated Subgrade (8") SY Deduct 1118.5 $1.80 $ (2,013.30) 14 Lime or Cement (6%) TN Deduct 13.5 $145.00 $ (1,957.50) 15 HMAC (440 lbs/SY)(TY C) TN Deduct 198.75 $66.30 $ (13,177.13) 23 Asphalt Material (SS-1) GAL Deduct 62 $3.60 $ (223.20) 29 Full Depth Pavement Repair SY Deduct 93 $74.15 $ (6,895.95) 30 Monolithic Concrete Curb (6") LF Deduct 1556 $1.25 $ (1,945.00) 31 Doweled Concrete Curb (6") LF Deduct 231 $10.00 $ (2,310.00) 35 Type 7 ADA Curb Ramp EA Deduct 1 $850.00 $ (850.00) 38 Variable Height Sidewalk Wall w/ Milsap Stone SF Deduct 47.9 $51.50 $ (2,466.85) 45 18-inch Class III RCP LF Add 340 $39.80 $ 13,532.00 47 24-inch Class III RCP LF Deduct 1 $48.00 $ (48.00) 65 SET Type II (18") (6:1) EA Add 1 $1,250.00 $ 1,250.00 67 Rock Rip-Rap (Grouted)(12") CY Add 7.5 $155.00 $ 1,162.50 92 Adjust Water Valve EA Deduct 2 $210.00 $ (420.00) 94 Remove and Replace Water Meter EA Deduct 2 $1,030.00 $ (2,060.00) 110 Adjust Sanitary Sewer Manhole EA Deduct 1 $1,030.00 $ (1,030.00) 125 4" Reflectorized Pavement Marking (White Dash) LF Deduct 35010 $0.30 $ (10,503.00) 126 4" Reflectorized Pavement Marking (WhiteSolid) LF Deduct 8549 $0.30 $ (2,564.70) 127 8" Reflectorized Pavement Marking (WhiteSolid) LF Deduct 40 $0.65 $ (26.00) 128 12" Reflectorized Pavement Marking (WhiteSolid) LF Deduct 363 $2.60 $ (943.80) 129 24" Reflectorized Pavement Marking Stop Bar LF Deduct 378 $4.90 $ (1,852.20) 130 4" Reflectorized Pavement Marking (Yellow Solid) LF Deduct 9937 $0.35 $ (3,477.95) 131 12" Reflectorized Pavement Marking (Yellow Solid LF Deduct 655 $3.10 $ (2,030.50) 132 4" Lane Extension-3M StaMark Marking Tape LF Deduct 421 $5.15 $ (2,168.15) 135 Raised Pavement Markers (Type II C-R) EA Deduct 1117 $3.40 $ (3,797.80) 141 Drill Shaft (48 IN)(TFR SIG POLE) LF Deduct 26 $250.00 $ (6,500.00) 144 CONDT (PVC) (SCHD 40) (3") LF Deduct 499 $7.00 $ (3,493.00) 145 CONDT (PVC) (SCHD 40) (4") LF Deduct 32 $9.00 $ (288.00) 146 CONDT (PVC) (SCHD 40) (4")(Bore) LF Deduct 180 $15.75 $ (2,835.00) 147 Elec Conductor (NO. 6) Bare LF Deduct 1752 $0.75 $ (1,314.00) 148 Elec Conductor (NO. 6) Insulated LF Deduct 124 $1.10 $ (136.40) 150 Elec Conductor (NO. 12) Insulated LF Deduct 320 $0.50 $ (160.00) 151 Ground Box Type D EA Deduct 4 $480.00 $ (1,920.00) 152 Electric Service TY D EA Deduct 1 $3,250.00 $ (3,250.00) 155 Backplates (3 SEC)(12 IN) EA Deduct 7 $75.00 $ (525.00) 156 Backplates (4 SEC)(12 IN) EA Deduct 8 $83.00 $ (664.00) 158 PED SIG SEC (12 IN) LED (2 Indications) EA Deduct 2 $475.00 $ (950.00) 159 VEH SIG SEC (12 IN) LED (GRN)(ARW) EA Deduct 2 $210.00 $ (420.00) 160 VEH SIG SEC (12 IN) LED (GRN) EA Deduct 3 $225.00 $ (675.00) 161 VEH SIG SEC (12 IN) LED (YEL)(ARW) EA Deduct 2 $205.00 $ (410.00) 162 VEH SIG SEC (12 IN) LED (YEL) EA Deduct 3 $235.00 $ (705.00) 163 VEH SIG SEC (12 IN) LED (RED) EA Deduct 11 $196.00 $ (2,156.00) 165 TRF SIG CBL (TY A)(14 AWG)(5 CONDR) LF Deduct 142 $0.90 $ (127.80) 166 TRF SIG CBL (TY A)(14 AWG)(7 CONDR) LF Deduct 64 $1.05 $ (67.20) 167 TRF SIG CBL (TY A)(14 AWG)(10 CONDR) LF Deduct 28 $1.55 $ (43.40) 168 TRF SIG CBL (TY A)(14 AWG)(20 CONDR) LF Deduct 188 $2.85 $ (535.80) 169 PED Detect (2 Inch Push Button) EA Deduct 5 $250.00 $ (1,250.00) 170 Coaxial Cable (LMR 400) LF Deduct 475 $1.35 $ (641.25) 172 Vivds Communication Cable LF Deduct 1163 $1.85 $ (2,151.55) Page 208 of 230
174 Intuicom EB 58 Radio Communication Cable LF Deduct 385 $0.45 $ (173.25) 177 Street Light Removal EA Deduct 3 $415.00 $ (1,245.00) 204 Burford Holly (15 gal.)(48"-54") EA Deduct 145 $77.25 $ (11,201.25) 208 Southern Rusty Blackhaw (3" Cal)(6'-8') EA Deduct 4 $310.00 $ (1,240.00) 214 Bermuda Sod SF Add 52169 $0.35 $ 18,259.15 A1-5 Youpon Holly (30 gal.)(6'-7') EA Deduct 24 $130.00 $ (3,120.00) A1-7 Crape Myrtle (Tonto)(30 gal.)(8'-10') EA Deduct 14 $185.40 $ (2,595.60) A1-14 Photinia (15 Gal.)(24"-36") EA Deduct 121 $128.75 $ (15,578.75) A1-15 Blended Fescue Sod SF Deduct 13405 $0.65 $ (8,713.25) A1-16 Steel Edging LF Deduct 726 $2.95 $ (2,141.70) 261 Intuicom EB 58 Radio Communication System EA Deduct 1 $2,545.00 $ (2,545.00) CO2-F Sidewalk Lug LF Deduct 920 $7.50 $ (6,900.00) CO2-G Curb and Gutter LF Deduct 173 $25.00 $ (4,325.00) CO2-H Relocate Crape Myrtle EA Deduct 3 $200.00 $ (600.00) CO2-J St. Augustine Sod SF Deduct 3200 $0.50 $ (1,600.00) CO4-C Replace/Reset/Adjust Valve Stack EA Deduct 7 $295.00 $ (2,065.00) CO12-E Flowable Fill (Lakeside and Gerault) CY Deduct 410 $115.00 $ (47,150.00) CO17-A Drainage Modification and Connection LS Add 1 $7,500.00 $ 7,500.00 SUBTOTAL $ (225,822.31)
Original Contract (Plus Alternate No. 1 & 2) $ 14,011,110.29 Change Order #1 $ (278,304.60) Change Order #2 $ 37,704.54 Change Order #3 $ 98,019.97 Change Order #4 $ 6,116.60 Change Order #5 $ 189,578.80 Change Order #6 $ 5,632.48 Change Order #7 $ 438,905.05 Change Order #8 $ 288,492.56 Change Order #9 $ 268,059.08 Change Order #10 $ 14,999.55 Change Order #11 $ 14,965.17 Change Order #12 $ 533,081.18 Change Order #13 $ 14,995.15 Change Order #14 $ 13,407.05 Change Order #15 $ (18,405.74) Change Order #16 $ (6,020.00) Change Order #17 $ (225,822.31) Revised Contract Price $ 15,406,514.82
JUSTIFICATION Items provided for in this Change Order reflect final increases and decreases in contract quantities for items installed with this project.
Recommended for Approval Robert Pegg, P.E. Date Contractor Date Senior Project Engineer Contractor Title
Approved Thomas E. Hayden Date Mayor Page 209 of 230
Attachment 2
Change Orders Summary to Date
Change Order No. 1 provided for a $278,304.60 decrease in the contract amount to comply with TxDOT requirements at the intersection of Gerault Road and FM 2499 by redesigning the merge of the proposed flyover improvement and FM 2499 and by modifying the drainage design to prevent encroachment into property located within the boundaries of the City of Grapevine. The change order also provided for changes in barrier free ramps to comply with state accessibility requirements.
Change Order No. 2 provided for a $37,704.54 increase in the contract amount to adjust for quantity variations discovered in the field, for the relocation of utilities at the Forestwood Middle School site, for additional landscaping deemed necessary to fill in bare areas in the median and for deleting the composite fences and adding wooden fences to the project.
Change Order No. 3 provided for a $98,019.97 increase in the contract amount to adjust for quantity variations discovered in the field, for the addition of kick board/rot board to the wooden fences, for changes to the irrigation plans to add purple pipe irrigation in the Lakeside area and for the relocation of additional STEP grant trees determined to be in conflict with future construction.
Change Order No. 4 provided for a $6,116.60 increase in the contract amount to adjust for changes requested by the Town to move planned elements of the Phase I project to Phase II, for quantity variations discovered during construction and for the costs associated with moving a 20-inch water line that was found to be in conflict with the proposed widening of the existing Bakers Branch Bridge.
Change Order No. 5 provided for an $189,578.80 increase in the contract amount to adjust for changes requested by the Town to move planned elements of the Phase I project to Phase II and for additional landscaping costs associated with design changes requested.
Change Order No. 6 provided for a $5,632.48 increase in the contract amount to adjust for quantity variations discovered in the field, for removal or adjustment of a variety of utilities conflicts discovered during construction, for upgrading the asphalt surface of the new Town Hall exit on Morriss Road, and for electric controllers and power for the median irrigation.
Change Order No. 7 provided for a $438,905.05 increase in the contract amount to adjust for quantity variations discovered in the field, necessary additional items for required irrigation due to an error in the plans, and for design changes to the parking lot at the proposed Temporary Senior Center building.
Change Order No. 8 provided for a $288,492.56 increase in the contract amount to adjust for quantity variations discovered in the field, the installation of 8-foot high fences for the Sherwood Estates, Phase III and the Creekside at Cross Timbers sub- Page 210 of 230
Attachment 2
divisions and for the relocation and lowering of the Town’s 12-inch water lines at the intersection of FM 1171 and Morriss Road.
Change Order No. 9 provided for a $268,059.08 increase in the contract amount to adjust for quantity variations discovered in the field, the addition of one lot to the fence replacement program, the installation of mulch beds around the median trees, the relocation of pedestrian signals at two intersections, landscaping additions and parking lot improvements at the southwest corner of Morriss and FM 1171 and the repair of four HOA irrigation systems damaged during construction.
Change Order No. 10 provided for a $14,999.55 increase in the contract amount for additional sidewalk wall required due to existing grades in the parkway, changes to the tree and plant species in the landscaping plans and for improvements to the concrete walkway in the pedestrian tunnel under Morriss Road at Forestwood Middle School.
Change Order No. 11 provided for a $14,965.17 increase in the contract amount for adjustments to quantities necessary to allow a stabilization change to the MSE wall subgrade determined to be required by the Town's design engineer, for deletions and additions to roadway items to accommodate the redesign of the paving approaching and in the vicinity of the flyover bridge, for a deduction of quantities found to be in excess of project requirements, for additional pavement markings not provided for in the plans but determined to be required in the field as well as for additional sidewalk removal and an additional 2" water meter tap at Spinks and Gerault Road, for an upgrade in the type and quality of street lighting on the flyover bridge and for a flume and sidewalk cover at the Bakers Branch Bridge determined to be required to prevent flooding of the bridge in heavy rain events.
Change Order No. 12 provided for a $533,081.18 increase in the contract amount for a number of final quantity adjustments in bid items due to the near completion of the project, including paving, increased costs associated with bid items and irrigation repairs for private systems. The change order also included items for the repair of the intersection at Lakeside Parkway and Gerault Road, signage and striping along the balance of Morriss and Gerault Road, installation of irrigation for screening shrubbery along the corridor in several areas that were inadvertently left out of the plans, and painting of the flyover structure surfaces not provided for by the original contract. The change order also provided for a contract extension of 150 days to allow the contractor to complete the flyover T-80 rails and painting, for delays experienced with utility conflicts, and for the installation of the wick drain system below the flyover structure.
Change Order No. 13 provided for a $14,995.15 increase in the contract amount for drainage improvements in the TxDOT right-of-way at FM 2499 and FM 407, additional ADA ramps, additional traffic signal wiring, additional sod placement and tree removal in the parkways of Morriss and Gerault roads, for new sidewalk, and for the construction of a smaller entry monument at the FM 2499/Gerault Road intersection.
Page 211 of 230
Attachment 2
Change Order No. 14 provided for a $13,407.05 increase in the contract amount for additional concrete curb, concrete median, concrete storm line and pavement markings to finish up the work at the intersection of FM 2499 and Gerault, for additional tree staking, mulching and bubblers to cover the 52 trees added in Change Order No. 2, for modifications to the pedestrian tunnel to discourage birds from nesting and for a change in pricing for paint on the fly over bridge.
Change Order No. 15 provided for a $18,405.74 decrease in the contract amount for adjustment to contract items related to the areas of work that have been finished, for the installation of irrigation around the Town Monument, for re-striping the intersection of Morriss Road and FM 1171and for the final stabilization and temporary irrigation of the right of way at the fly-over.
Change Order No. 16 provided for a $6,020.00 decrease in the contract amount for adjustment to contract items related to the areas of work that have been finished, and for an adjustment to the contract price for the installation of the support pier for the Town Monument at FM 2499 and Gerault road, as the subsurface conditions at the location of the monument required that the contractor bring in specialized drilling equipment in order to install the monument foundation.
Page 212 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
Removal and Site Preparation
1 Mobilization LS 1.00$ 576,000.00 $ 576,000.00 1.00 0.00 1.00$ 576,000.00 $ - $ 576,000.00 100.00%
2 Project Signs EA 8.00 $ 500.00 $ 4,000.00 8.00 0.00 8.00 4,000.00 - 4,000.00 100.00%
3 CO1*6*15 Remove & Dispose of Concrete Pavement & Flatwork SY 21,548.99 $ 6.00 $ 129,293.94 21548.99 0.00 21548.99 129,293.94 - 129,293.94 100.00%
4 CO11*12*15 Remove Existing Sidewalk SY 16,989.24 $ 2.70 $ 45,870.95 16989.24 0.00 16989.24 45,870.95 - 45,870.95 100.00%
5 Remove Existing MBGF LF 530.00 $ 3.70 $ 1,961.00 530.00 0.00 530.00 1,961.00 - 1,961.00 100.00% Remove Existing Pavement Markings, Striping, and 6 CO12*15 Markers (2-Lane divided, 2x) LF 93,754.00$ 0.35 $ 32,813.90 93754.00 0.00 93754.00 32,813.90 - 32,813.90 100.00%
7 CO4*12*15 Earthwork (Excavation)(Roadway) CY 34,349.00$ 8.80 $ 302,271.20 34349.00 0.00 34349.00 302,271.20 - 302,271.20 100.00%
8 CO1*13 Earthwork (Excavation)(Channel) CY 650.00$ 9.35 $ 6,077.50 605.00 45.00 650.00 5,656.75 420.75 6,077.50 100.00%
9 CO15 Earthwork (Embankment)(Median Grading) CY 3,476.00$ 3.45 $ 11,992.20 3476.00 0.00 3476.00 11,992.20 - 11,992.20 100.00%
A1-1 Prepare Right-of-Way AC 4.02$ 6,000.00 $ 24,120.00 4.02 0.00 4.02 24,120.00 - 24,120.00 100.00%
Subtotal $ 1,134,400.69
Paving
10 CO4*8*11*12 Lime or Cement Treated Subgrade (10") (FM Standard) SY 43,326.80$ 1.80 $ 77,988.24 43326.80 0.00 43326.80 77,988.24 - 77,988.24 100.00%
11 CO4*8*11*12 Lime or Cement (6%) (FM Standard) TN 984.12$ 145.00 $ 142,697.40 984.12 0.00 984.12 142,697.40 - 142,697.40 100.00%
12 CO4*11*12 Concrete Pavement(Reinforced)(8") (FM Standard) SY 47,976.50$ 32.15 $ 1,542,444.48 47976.50 0.00 47976.50 1,542,444.48 - 1,542,444.48 100.00% Lime or Cement Treated Subgrade (8") (FM 2499) 13 CO1*11 (TxDOT Standard) SY 1,494.50$ 1.80 $ 2,690.10 1494.50 0.00 1494.50 2,690.10 - 2,690.10 100.00%
14 CO1*11 Lime or Cement (6%) (FM 2499) (TxDOT Standard) TN 33.50$ 145.00 $ 4,857.50 33.50 0.00 33.50 4,857.50 - 4,857.50 100.00%
15 CO1*11 HMAC (440 lbs/SY) (TY C) (FM 2499) (TxDOT Standard) TN 377.25$ 66.30 $ 25,011.68 377.25 0.00 377.25 25,011.68 - 25,011.68 100.00% Concrete Pavement (CCR) (8") (FM 2499) (TxDOT 16 CO1*11 Standard) SY 6,078.00$ 32.15 $ 195,407.70 6078.00 0.00 6078.00 195,407.70 - 195,407.70 100.00% Lime or Cement Treated Subgrade (8") (FM 1171) 17 CO12 (TxDOT Standard) SY 1,731.00$ 1.80 $ 3,115.80 1731.00 0.00 1731.00 3,115.80 - 3,115.80 100.00%
18 CO12 Lime or Cement (6%) (FM 1171) (TxDOT Standard) TN 34.51$ 145.00 $ 5,003.95 34.51 0.00 34.51 5,003.95 - 5,003.95 100.00%
19 CO12 HMAC (440 lbs/SY) (TY C) (FM 1171) (TxDOT Standard) TN 525.36$ 77.25 $ 40,584.06 525.36 0.00 525.36 40,584.06 - 40,584.06 100.00% Concrete Pavement (CPCR) (8") (FM 1171) (TxDOT 20 Standard) SY 2,220.00$ 32.15 $ 71,373.00 2220.00 0.00 2220.00 71,373.00 - 71,373.00 100.00% Lime or Cement Treated Subgrade (10") (FM 407) 21 CO13*15 (TxDOT Standard) SY 562.00$ 1.80 $ 1,011.60 562.00 0.00 562.00 1,011.60 - 1,011.60 100.00%
22 CO13*15 Lime or Cement (6%) (FM 407) (TxDOT Standard) TN 13.00$ 145.00 $ 1,885.00 13.00 0.00 13.00 1,885.00 - 1,885.00 100.00%
23 CO15 Asphalt Material (SS-1) (FM 407) (TxDOT Standard) GAL 25.00$ 3.60 $ 90.00 25.00 0.00 25.00 90.00 - 90.00 100.00%
24 CO15 HMAC (440 lbs/SY) (TY C) (FM 407) (TxDOT Standard) TN 120.00$ 83.65 $ 10,038.00 120.00 0.00 120.00 10,038.00 - 10,038.00 100.00% Concrete Pavement (CPCR) (8") (FM 407) (TxDOT 25 Standard) SY 514.00$ 32.15 $ 16,525.10 514.00 0.00 514.00 16,525.10 - 16,525.10 100.00%
26 CO12 6" Asphalt Paving (TY B) SY 1,230.00$ 23.15 $ 28,474.50 1230.00 0.00 1230.00 28,474.50 - 28,474.50 100.00%
27 CO12 6" Flex Base SY 1,407.00$ 13.00 $ 18,291.00 1407.00 0.00 1407.00 18,291.00 - 18,291.00 100.00%
28 CO1*15 Remove and Replace Concrete Pavement SY 668.50$ 74.15 $ 49,569.28 668.50 0.00 668.50 49,569.28 - 49,569.28 100.00%
29 CO12 Full Depth Pavement Repair (allowance) SY 1,629.00$ 74.15 $ 120,790.35 1629.00 0.00 1629.00 120,790.35 - 120,790.35 100.00%
30 CO1*5*11*12 Monolithic Concrete Curb (6") LF 39,171.00$ 1.25 $ 48,963.75 39171.00 0.00 39171.00 48,963.75 - 48,963.75 100.00%
31 CO5*12*14 Doweled Concrete Curb (6") LF 4,715.00$ 10.00 $ 47,150.00 4715.00 0.00 4715.00 47,150.00 - 47,150.00 100.00%
32 CO1*14 Mountable Concrete Curb (4") LF 326.00$ 5.00 $ 1,630.00 326.00 0.00 326.00 1,630.00 - 1,630.00 100.00%
33 CO11*15 6' Wide Concrete Sidewalk (5.5" thick) SY 24,986.00$ 30.90 $ 772,067.40 24986.00 0.00 24986.00 772,067.40 - 772,067.40 100.00%
34 CO1*6 Type 9 ADA Curb Ramp EA 18.00$ 850.00 $ 15,300.00 18.00 0.00 18.00 15,300.00 - 15,300.00 100.00%
35 CO3*4*6*9*13 Type 7 ADA Curb Ramp EA 114.00$ 850.00 $ 96,900.00 114.00 0.00 114.00 96,900.00 - 96,900.00 100.00%
36 CO6 Type 5 ADA Curb Ramp EA 2.00$ 850.00 $ 1,700.00 2.00 0.00 2.00 1,700.00 - 1,700.00 100.00%
37 CO1*3*4 Type 2 ADA Curb Ramp EA 9.00$ 850.00 $ 7,650.00 9.00 0.00 9.00 7,650.00 - 7,650.00 100.00%
38 CO9*10 Variable Height Sidewalk Wall with Milsap Stone Facing SF 2,552.10 $ 51.50 $ 131,433.15 2552.10 0.00 2552.10 131,433.15 - 131,433.15 100.00%
39 CO11 Install REACT 350. 4-B EA 1.00 $ 15,450.00 $ 15,450.00 1.00 0.00 1.00 15,450.00 - 15,450.00 100.00%
40 CO7 PR-1 Pedestrian Rail LF 45.00 $ 105.00 $ 4,725.00 45.00 0.00 45.00 4,725.00 - 4,725.00 100.00%
41 CO9*11 Metal Beam Guard Fence LF 413.00 $ 21.50 $ 8,879.50 413.00 0.00 413.00 8,879.50 - 8,879.50 100.00%
42 CO8 Metal Beam Guard Fence Transition (TL 2) EA 4.00 $ 750.00 $ 3,000.00 4.00 0.00 4.00 3,000.00 - 3,000.00 100.00%
43 CO11 Single Guardrail Terminal EA 3.00 $ 3,040.00 $ 9,120.00 3.00 0.00 3.00 9,120.00 - 9,120.00 100.00%
44 CO11 Terminal Achor Section EA 3.00 $ 534.00 $ 1,602.00 3.00 0.00 3.00 1,602.00 - 1,602.00 100.00%
A1-2 CO4*12*14 Concrete Median SY 606.00 $ 30.90 $ 18,725.40 606.00 0.00 606.00 18,725.40 - 18,725.40 100.00%
A1-3 CO12 Metal Sidewalk Drainage Grate EA 3.00 $ 1,236.00 $ 3,708.00 3.00 0.00 3.00 3,708.00 - 3,708.00 100.00%
Subtotal $ 3,545,852.93
Storm Drain Improvements
45CO1*8*9*12*13*14 18-Inch Class III RCP LF 2,919.50 $ 39.80 $ 116,196.10 2579.50 340.00 2919.50 102,664.10 13,532.00 116,196.10 100.00%
46 CO6*12*13 21-Inch Class III RCP LF 340.00 $ 44.00 $ 14,960.00 340.00 0.00 340.00 14,960.00 - 14,960.00 100.00%
47 CO1 24-Inch Class III RCP LF 128.00 $ 48.00 $ 6,144.00 128.00 0.00 128.00 6,144.00 - 6,144.00 100.00%
Page 1 of 9 Page 213 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
48 CO12*13 30-Inch Class III RCP LF 388.00 $ 57.00 $ 22,116.00 388.00 0.00 388.00 22,116.00 - 22,116.00 100.00%
49 CO1*12 36-Inch Class III RCP LF 115.00 $ 68.00 $ 7,820.00 115.00 0.00 115.00 7,820.00 - 7,820.00 100.00%
50 CO1*3 42-Inch Class III RCP LF 0.00 $ 87.50 $ - 0.00 0.00 0.00 - - - #DIV/0!
51 CO1 7'x4' RCB LF 0.00 $ 215.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
52 CO9 5' Recessed Curb Inlet EA 5.00 $ 2,475.00 $ 12,375.00 5.00 0.00 5.00 12,375.00 - 12,375.00 100.00%
53 CO13 10' Recessed Curb Inlet EA 25.00 $ 2,785.00 $ 69,625.00 25.00 0.00 25.00 69,625.00 - 69,625.00 100.00%
54 15' Recessed Curb Inlet EA 2.00 $ 3,915.00 $ 7,830.00 2.00 0.00 2.00 7,830.00 - 7,830.00 100.00%
55 CO1 20' Recessed Curb Inlet EA 6.00 $ 4,120.00 $ 24,720.00 6.00 0.00 6.00 24,720.00 - 24,720.00 100.00%
56 CO13 10' Std. Curb Inlet EA 2.00 $ 2,785.00 $ 5,570.00 2.00 0.00 2.00 5,570.00 - 5,570.00 100.00%
57 Curb Inlet Type 1 EA 5.00 $ 2,475.00 $ 12,375.00 5.00 0.00 5.00 12,375.00 - 12,375.00 100.00%
58 CO11 Curb Inlet Type 1 Extension EA 5.00 $ 1,030.00 $ 5,150.00 5.00 0.00 5.00 5,150.00 - 5,150.00 100.00%
59 CO1*13 Drop Inlet Type H (4'x4') EA 1.00 $ 2,000.00 $ 2,000.00 1.00 0.00 1.00 2,000.00 - 2,000.00 100.00%
60 Drop Inlet Type H (6'x6') EA 1.00 $ 2,500.00 $ 2,500.00 1.00 0.00 1.00 2,500.00 - 2,500.00 100.00%
61 MSE Wall Inlet (2-Grate) EA 5.00 $ 2,700.00 $ 13,500.00 5.00 0.00 5.00 13,500.00 - 13,500.00 100.00%
62 CO1*9*11 Manhole ( TY M) (4'x4') EA 8.00 $ 2,800.00 $ 22,400.00 8.00 0.00 8.00 22,400.00 - 22,400.00 100.00%
63 CO1 Wingwall (SW) (HW=4) (3:1) EA 0.00 $ 2,680.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
64 CO1 Wingwall (PW) (HW=4) (3:1) EA 0.00 $ 6,200.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
65 CO2 SET TYP II (18") (6:1) EA 7.00 $ 1,250.00 $ 8,750.00 6.00 1.00 7.00 7,500.00 1,250.00 8,750.00 100.00%
66 CO1 SET TYP II (42") (6:1) EA 0.00 $ 3,300.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
67 CO1*11 Rock Riprap (grouted)(12") CY 13.50 $ 155.00 $ 2,092.50 6.00 7.50 13.50 930.00 1,162.50 2,092.50 100.00%
68 CO1*4*6*7*11 Concrete Riprap (RR8) (5" Thick) CY 167.00 $ 310.00 $ 51,770.00 167.00 0.00 167.00 51,770.00 - 51,770.00 100.00%
69 CO15 Trench Safety Protection LF 3,216.00 $ 1.35 $ 4,341.60 3216.00 0.00 3216.00 4,341.60 - 4,341.60 100.00%
70 CO1*9*11*14 Remove Existing Pipe LF 1,256.00 $ 5.90 $ 7,410.40 1256.00 0.00 1256.00 7,410.40 - 7,410.40 100.00%
71 CO1*11*13 Remove Existing Inlet EA 17.00 $ 440.00 $ 7,480.00 17.00 0.00 17.00 7,480.00 - 7,480.00 100.00%
72 CO6 Remove Existing Manhole EA 3.00 $ 440.00 $ 1,320.00 3.00 0.00 3.00 1,320.00 - 1,320.00 100.00%
73 Remove Existing SET EA 2.00 $ 295.00 $ 590.00 2.00 0.00 2.00 590.00 - 590.00 100.00%
74 CO1 Remove Existing Headwall EA 0.00 $ 440.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
75 CO4*6*14 Remove Existing Conc. Riprap SY 703.00 $ 8.25 $ 5,799.75 703.00 0.00 703.00 5,799.75 - 5,799.75 100.00%
76 CO1*11 Remove and Replace 3 Strand BW Fence LF 1,930.00 $ 6.20 $ 11,966.00 1930.00 0.00 1930.00 11,966.00 - 11,966.00 100.00%
77 CO11 Cap. Existing Inlet EA 0.00 $ 1,545.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
78 CO15 Cement Stabilized Backfill CY 24.00 $ 67.00 $ 1,608.00 24.00 0.00 24.00 1,608.00 - 1,608.00 100.00%
79 CO2*11*12 Adjust Storm Sewer Manhole EA 8.00 $ 1,290.00 $ 10,320.00 8.00 0.00 8.00 10,320.00 - 10,320.00 100.00%
Subtotal $ 458,729.35
Water Improvements
80 12 " PVC Water Pipe LF 32.00 $ 75.00 $ 2,400.00 32.00 0.00 32.00 2,400.00 - 2,400.00 100.00%
81 CO12 16" PVC Water Pipe LF 1,076.00 $ 52.00 $ 55,952.00 1076.00 0.00 1076.00 55,952.00 - 55,952.00 100.00%
82 16" PVC Water Pipe (Bored)(Including Encasement) LF 45.00 $ 295.00 $ 13,275.00 45.00 0.00 45.00 13,275.00 - 13,275.00 100.00%
83 CO4*6 20" PVC Water Pipe LF 190.00 $ 62.00 $ 11,780.00 190.00 0.00 190.00 11,780.00 - 11,780.00 100.00%
84 12" Gate Valve EA 2.00 $ 2,100.00 $ 4,200.00 2.00 0.00 2.00 4,200.00 - 4,200.00 100.00%
85 CO4 Cast Iron Fitting TN 5.00 $ 9,000.00 $ 45,000.00 5.00 0.00 5.00 45,000.00 - 45,000.00 100.00%
86 CO15 Trench Safety Protection LF 1,222.00 $ 1.35 $ 1,649.70 1222.00 0.00 1222.00 1,649.70 - 1,649.70 100.00%
87 CO11 Connect to EX. 12" Water EA 1.00 $ 440.00 $ 440.00 1.00 0.00 1.00 440.00 - 440.00 100.00%
88 Connect to Ex. 16" Water EA 1.00 $ 3,100.00 $ 3,100.00 1.00 0.00 1.00 3,100.00 - 3,100.00 100.00%
89 CO4 Connect to Ex. 20" Water EA 6.00 $ 3,100.00 $ 18,600.00 6.00 0.00 6.00 18,600.00 - 18,600.00 100.00%
90 12" Plug EA 1.00 $ 330.00 $ 330.00 1.00 0.00 1.00 330.00 - 330.00 100.00%
91 CO1*6 Adjust Water Main EA 2.00 $ 5,150.00 $ 10,300.00 2.00 0.00 2.00 10,300.00 - 10,300.00 100.00%
92 CO6*9*12 Adjust Water Valve EA 39.00 $ 210.00 $ 8,190.00 39.00 0.00 39.00 8,190.00 - 8,190.00 100.00%
93 CO2 Relocate Air Release Valve EA 2.00 $ 2,680.00 $ 5,360.00 2.00 0.00 2.00 5,360.00 - 5,360.00 100.00%
94 Remove and Replace Water Meter EA 3.00 $ 1,030.00 $ 3,090.00 3.00 0.00 3.00 3,090.00 - 3,090.00 100.00%
95 Remove Ex. 16" Water LF 866.00 $ 5.80 $ 5,022.80 866.00 0.00 866.00 5,022.80 - 5,022.80 100.00%
96 Remove Ex. 20" Water LF 71.00 $ 5.80 $ 411.80 71.00 0.00 71.00 411.80 - 411.80 100.00%
Subtotal $ 189,101.30
Page 2 of 9 Page 214 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
Wastewater Improvements
97 CO1*11 8" PVC Wastewater Pipe (SDR 26) LF 0.00$ 38.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
98 8" PVC Wastewater Pipe (SDR 35) LF 35.00$ 58.00 $ 2,030.00 35.00 0.00 35.00 2,030.00 - 2,030.00 100.00%
99 12" PVC Wastewater Pipe (SDR 26) LF 587.00$ 38.00 $ 22,306.00 587.00 0.00 587.00 22,306.00 - 22,306.00 100.00%
100 12" PVC Wastewater Pipe (SDR 35) LF 600.00$ 39.00 $ 23,400.00 600.00 0.00 600.00 23,400.00 - 23,400.00 100.00%
101 CO1 12" PVC Wastewater Force Main Pipe LF 0.00$ 250.00 $ - 0.00 0.00 0.00 - - - #DIV/0! 12" PVC Wastewater Pipe (Bored)(Including 102 encasement) LF 119.00$ 220.00 $ 26,180.00 119.00 0.00 119.00 26,180.00 - 26,180.00 100.00%
103 15" PVC Wastewater Pipe (SDR 26) LF 61.00$ 295.00 $ 17,995.00 61.00 0.00 61.00 17,995.00 - 17,995.00 100.00% 15" PVC Wastewater Pipe (Bored)(Including 104 Encasement) LF 57.00$ 38.00 $ 2,166.00 57.00 0.00 57.00 2,166.00 - 2,166.00 100.00%
105 CO4*6*15 Trench Safety Protection LF 1,283.00$ 1.35 $ 1,732.05 1283.00 0.00 1283.00 1,732.05 - 1,732.05 100.00%
106 CO1 Connect to Existing Wastewater EA 4.00$ 620.00 $ 2,480.00 4.00 0.00 4.00 2,480.00 - 2,480.00 100.00%
107 CO3*9 4.0' Dia. Manhole EA 3.00$ 2,370.00 $ 7,110.00 3.00 0.00 3.00 7,110.00 - 7,110.00 100.00%
108 CO3*4 5.0' Dia. Manhole EA 6.00$ 3,900.00 $ 23,400.00 6.00 0.00 6.00 23,400.00 - 23,400.00 100.00%
109 CO1*3*4 5.0' Dia. Manhole w/ Drop Connection EA 1.00$ 4,950.00 $ 4,950.00 1.00 0.00 1.00 4,950.00 - 4,950.00 100.00%
110 CO2*12 Adjust Sanitary Sewer Manhole EA 9.00$ 1,030.00 $ 9,270.00 9.00 0.00 9.00 9,270.00 - 9,270.00 100.00%
111 CO1 Remove Ex. 12" Wastewater LF 877.00 $ 16.50 $ 14,470.50 877.00 0.00 877.00 14,470.50 - 14,470.50 100.00%
Subtotal $ 157,489.55
Bridge Widening
112 CO9 Temporary Special Shoring SF 0.00 $ 33.60 $ - 0.00 0.00 0.00 - - - #DIV/0!
113 CO6 18" Drilled Shaft Foundations LF 52.07 $ 69.30 $ 3,608.45 52.07 0.00 52.07 3,608.45 - 3,608.45 100.00%
114 30" Drilled Shaft Foundatuions LF 260.00 $ 187.95 $ 48,867.00 260.00 0.00 260.00 48,867.00 - 48,867.00 100.00%
115 Class C Concrete (Abutment) CY 11.00 $ 945.00 $ 10,395.00 11.00 0.00 11.00 10,395.00 - 10,395.00 100.00%
116 Class C Concrete (Bent) CY 17.00 $ 1,018.50 $ 17,314.50 17.00 0.00 17.00 17,314.50 - 17,314.50 100.00%
117 Class S Concrete (Approach Slab) CY 59.00 $ 399.00 $ 23,541.00 59.00 0.00 59.00 23,541.00 - 23,541.00 100.00%
118 Prestessed Concrete Beam (Type A) LF 408.00 $ 116.55 $ 47,552.40 408.00 0.00 408.00 47,552.40 - 47,552.40 100.00%
119 Concrete Surface Treatment Class 1 SY 311.00 $ 4.20 $ 1,306.20 311.00 0.00 311.00 1,306.20 - 1,306.20 100.00%
120 Class C Concrete (Extending Abutment) CY 18.00 $ 1,260.00 $ 22,680.00 18.00 0.00 18.00 22,680.00 - 22,680.00 100.00%
121 Class S Concrete (Extending Slab) CY 80.00 $ 1,102.50 $ 88,200.00 80.00 0.00 80.00 88,200.00 - 88,200.00 100.00%
122 Railing T551 LF 245.00 $ 55.65 $ 13,634.25 245.00 0.00 245.00 13,634.25 - 13,634.25 100.00%
123 SEJ-A (4") LF 33.00 $ 143.85 $ 4,747.05 33.00 0.00 33.00 4,747.05 - 4,747.05 100.00%
124 Armor Joint LF 30.00 $ 88.20 $ 2,646.00 30.00 0.00 30.00 2,646.00 - 2,646.00 100.00%
Subtotal $ 284,491.85
Permanent Signage and Striping 4" Relectorized Pavement Marking (White Dashed) 125 CO1*5*12 (30mph and over) LF 51,472.00 $ 0.30 $ 15,441.60 51472.00 0.00 51472.00 15,441.60 - 15,441.60 100.00%
126 CO1*5*12*15 4" Reflectorized Pavement Marking (White Solid) LF 62,749.00 $ 0.30 $ 18,824.70 62749.00 0.00 62749.00 18,824.70 - 18,824.70 100.00%
127 CO1*5*12*15 8" Relflectorized Pavement Marking (White Solid) LF 14,699.00 $ 0.65 $ 9,554.35 14699.00 0.00 14699.00 9,554.35 - 9,554.35 100.00%
128 CO1*5*14 12" Relflectorized Pavement Marking (White Solid) LF 8,918.00 $ 2.60 $ 23,186.80 8918.00 0.00 8918.00 23,186.80 - 23,186.80 100.00% 24" Relectorized Pavement Marking (White Solid) Stop 129 CO5*14 Bar LF 2,941.00 $ 4.90 $ 14,410.90 2941.00 0.00 2941.00 14,410.90 - 14,410.90 100.00%
130 CO1*5*12*15 4" Relflectorized Pavement Marking (Yellow Solid) LF 59,136.00 $ 0.35 $ 20,697.60 59136.00 0.00 59136.00 20,697.60 - 20,697.60 100.00%
131 CO5 12" Relflectorized Pavement Marking (Yellow Solid) LF 0.00 $ 3.10 $ - 0.00 0.00 0.00 - - - #DIV/0!
132 CO15 4" Lane Extension-3M StaMark Pavement Marking Tape LF 1,190.00 $ 5.15 $ 6,128.50 1190.00 0.00 1190.00 6,128.50 - 6,128.50 100.00%
133 CO11*12*14*15 Reflectorized Pavement Marking (Arrow) White EA 125.00 $ 120.00 $ 15,000.00 125.00 0.00 125.00 15,000.00 - 15,000.00 100.00%
134 CO11*13*14*15 Reflectorized Pavement Marking (Word) White EA 119.00 $ 191.00 $ 22,729.00 119.00 0.00 119.00 22,729.00 - 22,729.00 100.00%
135 CO1*12*14*15 Raised Pavement Marker (Type II C-R) EA 3,633.00 $ 3.40 $ 12,352.20 3633.00 0.00 3633.00 12,352.20 - 12,352.20 100.00%
136 CO5*11*15 Install Traffic Signs EA 62.00 $ 440.00 $ 27,280.00 62.00 0.00 62.00 27,280.00 - 27,280.00 100.00%
137 CO11*12 Remove Traffic Sign EA 45.00 $ 130.00 $ 5,850.00 45.00 0.00 45.00 5,850.00 - 5,850.00 100.00%
138 Relocate Traffic Sign EA 62.00 $ 440.00 $ 27,280.00 62.00 0.00 62.00 27,280.00 - 27,280.00 100.00%
Subtotal $ 218,735.65
Traffic Signals
139 Drill Shaft (30 IN) (TRF SIG POLE) LF 44.00 $ 195.70 $ 8,610.80 44.00 0.00 44.00 8,610.80 - 8,610.80 100.00%
140 Drill Shaft (36 IN) (TRF SIG POLE) LF 221.00 $ 215.00 $ 47,515.00 221.00 0.00 221.00 47,515.00 - 47,515.00 100.00%
141 Drill Shaft (48 IN) (TRF SIG POLE) LF 414.00 $ 250.00 $ 103,500.00 414.00 0.00 414.00 103,500.00 - 103,500.00 100.00%
142 CO3*6*11*12*16 CONDT (PVC) (SCHD 40) (2") LF 1,388.00 $ 6.00 $ 8,328.00 1388.00 0.00 1388.00 8,328.00 - 8,328.00 100.00%
143 CO6 CONDT (PVC) (SCHD 40) (2") (BORE) LF 228.00 $ 11.10 $ 2,530.80 228.00 0.00 228.00 2,530.80 - 2,530.80 100.00%
Page 3 of 9 Page 215 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
144 CONDT (PVC) (SCHD 40) (3") LF 461.00 $ 7.00 $ 3,227.00 461.00 0.00 461.00 3,227.00 - 3,227.00 100.00%
145 CO7*12 CONDT (PVC) (SCHD 40) (4") LF 1,863.00 $ 9.00 $ 16,767.00 1863.00 0.00 1863.00 16,767.00 - 16,767.00 100.00%
146 CONDT (PVC) (SCHD 40) (4") (BORE) LF 3,745.00 $ 15.75 $ 58,983.75 3745.00 0.00 3745.00 58,983.75 - 58,983.75 100.00%
147 Elec Conductor (NO. 6) Bare LF 6,523.00 $ 0.75 $ 4,892.25 6523.00 0.00 6523.00 4,892.25 - 4,892.25 100.00%
148 CO6 Elec Conductor (NO. 6) Insulated LF 2,126.00 $ 1.10 $ 2,338.60 2126.00 0.00 2126.00 2,338.60 - 2,338.60 100.00%
149 CO13 Elec Conductor (NO. 8) Insulated LF 9,865.00 $ 0.85 $ 8,385.25 9865.00 0.00 9865.00 8,385.25 - 8,385.25 100.00%
150 Elec Conductor (NO. 12) Insulated LF 1,680.00 $ 0.50 $ 840.00 1680.00 0.00 1680.00 840.00 - 840.00 100.00%
151 CO 7 Ground Box TY D (162922) W/APRON EA 43.00 $ 480.00 $ 20,640.00 43.00 0.00 43.00 20,640.00 - 20,640.00 100.00%
152 CO14 ELEC SRV TY D 120/240 070 (NS) AL (E) PS (U) EA 5.00 $ 3,250.00 $ 16,250.00 5.00 0.00 5.00 16,250.00 - 16,250.00 100.00%
153 Install Hwy Traffic Signal (ISOLATED) EA 13.00 $ 13,540.00 $ 176,020.00 13.00 0.00 13.00 176,020.00 - 176,020.00 100.00%
154 Temporary Traffic Signals EA 1.00 $ 27,810.00 $ 27,810.00 1.00 0.00 1.00 27,810.00 - 27,810.00 100.00%
155 CO14 Backplates (3 SEC) (12 IN) EA 92.00 $ 75.00 $ 6,900.00 92.00 0.00 92.00 6,900.00 - 6,900.00 100.00%
156 Backplates (4 SEC) (12 IN) EA 7.00 $ 83.00 $ 581.00 7.00 0.00 7.00 581.00 - 581.00 100.00%
157 Backplates (5 SEC) (12 IN) EA 36.00 $ 93.00 $ 3,348.00 36.00 0.00 36.00 3,348.00 - 3,348.00 100.00%
158 PED SIG SEC (12 IN) LED (2 INDICATIONS) EA 77.00 $ 475.00 $ 36,575.00 77.00 0.00 77.00 36,575.00 - 36,575.00 100.00%
159 VEH SIG SEC (12 IN) LED (GRN) (ARW) EA 51.00 $ 210.00 $ 10,710.00 51.00 0.00 51.00 10,710.00 - 10,710.00 100.00%
160 VEH SIG SEC (12 IN) LED (GRN) EA 130.00 $ 225.00 $ 29,250.00 130.00 0.00 130.00 29,250.00 - 29,250.00 100.00%
161 VEH SIG SEC (12 IN) LED (YEL ARW) EA 48.00 $ 205.00 $ 9,840.00 48.00 0.00 48.00 9,840.00 - 9,840.00 100.00%
162 VEH SIG SEC (12 IN) LED (YEL) EA 130.00 $ 235.00 $ 30,550.00 130.00 0.00 130.00 30,550.00 - 30,550.00 100.00%
163 VEH SIG SEC (12 IN) LED (RED) EA 146.00 $ 196.00 $ 28,616.00 146.00 0.00 146.00 28,616.00 - 28,616.00 100.00%
164 CO13 TRF SIG CBL (TY A) (14 AWG) (3 CONDR) LF 9,190.00 $ 0.75 $ 6,892.50 9190.00 0.00 9190.00 6,892.50 - 6,892.50 100.00%
165 CO1 TRF SIG CBL (TY A) (14 AWG) (5 CONDR) LF 4,908.00 $ 0.90 $ 4,417.20 4908.00 0.00 4908.00 4,417.20 - 4,417.20 100.00%
166 TRF SIG CBL (TY A) (14 AWG) (7 CONDR) LF 3,264.00 $ 1.05 $ 3,427.20 3264.00 0.00 3264.00 3,427.20 - 3,427.20 100.00%
167 TRF SIG CBL (TY A) (14AWG) (10 CONDR) LF 1,672.00 $ 1.55 $ 2,591.60 1672.00 0.00 1672.00 2,591.60 - 2,591.60 100.00%
168 CO12*14 TRF SIG CBL (TY A) (14 AWG) (20 CONDR) LF 10,315.00 $ 2.85 $ 29,397.75 10315.00 0.00 10315.00 29,397.75 - 29,397.75 100.00%
169 PED Detect (2 Inch Push Button) EA 74.00 $ 250.00 $ 18,500.00 74.00 0.00 74.00 18,500.00 - 18,500.00 100.00%
170 Coaxial Cable (LMR 400) LF 0.00 $ 1.35 $ - 0.00 0.00 0.00 - - - #DIV/0!
171 Removing Traffic Signals EA 8.00 $ 3,895.00 $ 31,160.00 8.00 0.00 8.00 31,160.00 - 31,160.00 100.00%
172 CO1 Vivds Communication Cable LF 10,225.00 $ 1.85 $ 18,916.25 10225.00 0.00 10225.00 18,916.25 - 18,916.25 100.00%
173 CO1*13 Opticom Detector Cable LF 11,902.00 $ 0.65 $ 7,736.30 11902.00 0.00 11902.00 7,736.30 - 7,736.30 100.00%
174 Intuicom EB 58 Radio Communication Cable LF 170.00 $ 0.45 $ 76.50 170.00 0.00 170.00 76.50 - 76.50 100.00%
Subtotal $ 786,123.75
Miscellaneous
175 Traffic Control, Including Temporary Pavement Markings LS 1.00 $ 110,500.00 $ 110,500.00 1.00 0.00 1.00 110,500.00 - 110,500.00 100.00%
176 CO16 Street Light Relocation EA 0.00 $ 2,680.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
177 Street Light Removal EA 2.00 $ 415.00 $ 830.00 2.00 0.00 2.00 830.00 - 830.00 100.00%
178 Temporary Asphalt Drive at Town Hall LS 1.00 $ 25,000.00 $ 25,000.00 1.00 0.00 1.00 25,000.00 - 25,000.00 100.00%
179 Pedestrian Tunnel Improvements LS 1.00 $ 50,000.00 $ 50,000.00 1.00 0.00 1.00 50,000.00 - 50,000.00 100.00%
180 Rip Rap Repair at Baker's Branch Bridge LS 1.00 $ 45,000.00 $ 45,000.00 1.00 0.00 1.00 45,000.00 - 45,000.00 100.00%
181 CO3*11*13*14 Remove Tree EA 74.00 $ 128.75 $ 9,527.50 74.00 0.00 74.00 9,527.50 - 9,527.50 100.00%
182 CO1*3*11 Remove and Replant Existing Tree EA 33.00 $ 515.00 $ 16,995.00 33.00 0.00 33.00 16,995.00 - 16,995.00 100.00%
183 Monument Sign Removal EA 1.00 $ 6,000.00 $ 6,000.00 1.00 0.00 1.00 6,000.00 - 6,000.00 100.00%
184 CO6 Silt Fence LF 10,400.00 $ 1.40 $ 14,560.00 10400.00 0.00 10400.00 14,560.00 - 14,560.00 100.00%
185 CO9 Curb Inlet Protection EA 187.00 $ 92.70 $ 17,334.90 187.00 0.00 187.00 17,334.90 - 17,334.90 100.00%
186 CO 7 Construction Entrance EA 0.00 $ 1,030.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
187 CO11 Rock Filter Dam EA 0.00 $ 510.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
188 CO11 Area Inlet Protection EA 0.00 $ 74.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
A1-4 CO7 Town Hall Parking Lot Renovation LS 0.00 $ 7,500.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
Subtotal $ 295,747.40
Landscape and Irrigation
189 Chinkapin Oak (2" cal.) (9'-10') EA 11.00 $ 232.00 $ 2,552.00 11.00 0.00 11.00 2,552.00 - 2,552.00 100.00%
190 Cedar Elm (2" cal.) (8'-10') EA 31.00 $ 222.00 $ 6,882.00 31.00 0.00 31.00 6,882.00 - 6,882.00 100.00%
191 Cedar Elm (3" cal.) (10'-12') EA 13.00 $ 285.00 $ 3,705.00 13.00 0.00 13.00 3,705.00 - 3,705.00 100.00%
Page 4 of 9 Page 216 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
192 Cedar Elm (4" cal.) (12'-14') EA 6.00 $ 600.00 $ 3,600.00 6.00 0.00 6.00 3,600.00 - 3,600.00 100.00%
193 Chinkapin Oak (4" cal.) (14'-16') EA 8.00 $ 865.00 $ 6,920.00 8.00 0.00 8.00 6,920.00 - 6,920.00 100.00%
194 Chinkapin Oak (3" cal.) (9'-10') EA 8.00 $ 550.00 $ 4,400.00 8.00 0.00 8.00 4,400.00 - 4,400.00 100.00%
195 CO10 Eastern Red Cedar (15 gal.) (5'-6') EA 0.00 $ 130.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
196 Eve's Necklace (2" cal.) (6'-8') EA 28.00 $ 315.00 $ 8,820.00 28.00 0.00 28.00 8,820.00 - 8,820.00 100.00%
197 Eve's Necklace (3" cal.) (8'-10') EA 5.00 $ 315.00 $ 1,575.00 5.00 0.00 5.00 1,575.00 - 1,575.00 100.00%
198 CO10 Green Hawthorn (30 gal.) (6'-8') EA 0.00 $ 210.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
199 CO10 Littlehip Hawthorn (2" cal.) (6'-8') EA 0.00 $ 265.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
200 Mexican Buckeye (2" cal.) (6'-8') EA 20.00 $ 290.00 $ 5,800.00 20.00 0.00 20.00 5,800.00 - 5,800.00 100.00%
201 Mexican Plum (30 gal.) (7'-8') EA 20.00 $ 265.00 $ 5,300.00 20.00 0.00 20.00 5,300.00 - 5,300.00 100.00%
202 CO2*10 Eastern Redbud (2" cal.) (6'-8') EA 24.00 $ 255.00 $ 6,120.00 24.00 0.00 24.00 6,120.00 - 6,120.00 100.00%
203 CO10 Reverchon's Hawthorn (15 gal.) (6'-8') EA 0.00 $ 150.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
204 CO10 Burford Holly (15 gal.) (48"-54") EA 24.00 $ 77.25 $ 1,854.00 24.00 0.00 24.00 1,854.00 - 1,854.00 100.00%
205 Shumard Red Oak (2" cal.) (8'-10') EA 23.00 $ 150.00 $ 3,450.00 23.00 0.00 23.00 3,450.00 - 3,450.00 100.00%
206 CO2 Shumard Red Oak (3" cal.) (10'-12') EA 36.00 $ 260.00 $ 9,360.00 36.00 0.00 36.00 9,360.00 - 9,360.00 100.00%
207 Shumard Red Oak (4" cal.) (14'-16') EA 6.00 $ 560.00 $ 3,360.00 6.00 0.00 6.00 3,360.00 - 3,360.00 100.00%
208 Southern Rusty Blackhaw (3" cal.) (6'-8') EA 6.00 $ 310.00 $ 1,860.00 6.00 0.00 6.00 1,860.00 - 1,860.00 100.00%
209 Western Soapberry (2" cal.) (6'-8') EA 5.00 $ 250.00 $ 1,250.00 5.00 0.00 5.00 1,250.00 - 1,250.00 100.00%
210 Winged Elm (2" cal.) (9'-10') EA 1.00 $ 191.00 $ 191.00 1.00 0.00 1.00 191.00 - 191.00 100.00%
211 CO14 Tree staking EA 658.00 $ 30.90 $ 20,332.20 596.00 62.00 658.00 18,416.40 1,915.80 20,332.20 100.00%
212 CO14 Tree Mulching EA 1,270.00 $ 8.10 $ 10,287.00 1208.00 62.00 1270.00 9,784.80 502.20 10,287.00 100.00%
213 CO7 Finish Grading SF 579,905.00 $ 0.05 $ 28,995.25 579905.00 0.00 579905.00 28,995.25 - 28,995.25 100.00%
214 CO4*7*13 Bermuda Sod SF 768,663.00 $ 0.35 $ 269,032.05 701634.00 67029.00 768663.00 245,571.90 23,460.15 269,032.05 100.00%
215 CO5*12 Automatic Irrigation (medians) SF 517,944.00 $ 2.10 $ 1,087,682.40 517944.00 0.00 517944.00 1,087,682.40 - 1,087,682.40 100.00%
216 CO4*8 *9*11*12 Remove/Replace 6' Fence LF 3,482.36 $ 31.00 $ 107,953.16 3482.36 0.00 3482.36 107,953.16 - 107,953.16 100.00%
217 CO4*8*11*12 Remove/Replace 8' Fence LF 7,927.67 $ 106.00 $ 840,333.02 7927.67 0.00 7927.67 840,333.02 - 840,333.02 100.00%
218 Pedestrian Barrier Fence LF 800.00 $ 71.00 $ 56,800.00 800.00 0.00 800.00 56,800.00 - 56,800.00 100.00%
219 Infill Planting LS 1.00 $ 4,635.00 $ 4,635.00 1.00 0.00 1.00 4,635.00 - 4,635.00 100.00%
220 Irrigation adjustments LS 1.00 $ 1,240.00 $ 1,240.00 1.00 0.00 1.00 1,240.00 - 1,240.00 100.00%
221 Bed prep/mulch LS 1.00 $ 15,965.00 $ 15,965.00 1.00 0.00 1.00 15,965.00 - 15,965.00 100.00%
222 Retrofit Ex. Irrigation LS 1.00 $ 8,755.00 $ 8,755.00 1.00 0.00 1.00 8,755.00 - 8,755.00 100.00%
223 Finish Grading Along ROW SF 15,000.00 $ 0.05 $ 750.00 15000.00 0.00 15000.00 750.00 - 750.00 100.00%
224 Bermuda Sod Along ROW SF 15,000.00 $ 0.35 $ 5,250.00 15000.00 0.00 15000.00 5,250.00 - 5,250.00 100.00%
225 Temporary Irrigation SF 7,500.00 $ 0.25 $ 1,875.00 7500.00 0.00 7500.00 1,875.00 - 1,875.00 100.00%
226 Automatic Irrigation Along ROW SF 7,500.00 $ 0.90 $ 6,750.00 7500.00 0.00 7500.00 6,750.00 - 6,750.00 100.00%
A1-5 CO10 Yaupon Holly (30 gal.) (6'-7') EA 145.00 $ 130.00 $ 18,850.00 145.00 0.00 145.00 18,850.00 - 18,850.00 100.00%
A1-6 CO10 Crape Myrtle (Natchez) (30 gal.) (8'-10') EA 27.00 $ 185.40 $ 5,005.80 27.00 0.00 27.00 5,005.80 - 5,005.80 100.00%
A1-7 CO2 Crape Myrtle (Tonto) (30 gal.) (8'-10') EA 28.00 $ 185.40 $ 5,191.20 28.00 0.00 28.00 5,191.20 - 5,191.20 100.00%
A1-8 CO10 Crape Myrtle (Tuscarora) (30 gal.) (8'-10') EA 25.00 $ 185.40 $ 4,635.00 25.00 0.00 25.00 4,635.00 - 4,635.00 100.00%
A1-9 CO10 Wax Myrtle (30 gal.) (6'-8') EA 0.00 $ 300.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
A1-10 CO10 Afghan Pine (15 gal.) (5'-6') EA 13.00 $ 98.00 $ 1,274.00 13.00 0.00 13.00 1,274.00 - 1,274.00 100.00%
A1-11 CO2*10 Live Oak (3" cal.) (9'-10') EA 115.00 $ 240.00 $ 27,600.00 115.00 0.00 115.00 27,600.00 - 27,600.00 100.00%
A1-12 CO10 Fringe Flower (15 gal.) (48"-54") EA 0.00 $ 185.40 $ - 0.00 0.00 0.00 - - - #DIV/0!
A1-13 CO10 Dwarf Southern Myrtle (15 gal.) (48"-54") EA 0.00 $ 150.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
A1-14 Photinia (15 gal.) (24"-36") EA 18.00 $ 128.75 $ 2,317.50 18.00 0.00 18.00 2,317.50 - 2,317.50 100.00%
A1-15 Blended Fescue Sod SF 0.00 $ 0.65 $ - 0.00 0.00 0.00 - - - #DIV/0!
A1-16 Steel Edging LF 1,237.00 $ 2.95 $ 3,649.15 1237.00 0.00 1237.00 3,649.15 - 3,649.15 100.00%
A1-17 CO6*11 Remove Tubular Steel Fence LF 545.00 $ 30.90 $ 16,840.50 545.00 0.00 545.00 16,840.50 - 16,840.50 100.00%
A1-18 CO6 Remove Masonry Column EA 3.00 $ 2,500.00 $ 7,500.00 3.00 0.00 3.00 7,500.00 - 7,500.00 100.00%
Subtotal $ 2,636,497.23
TOTAL BASE BID $ 9,707,169.69
Page 5 of 9 Page 217 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
BID ALTERNATE NO. 1
Flyover Bridge
227 36" Drilled Shaft Foundations LF 462.00$ 95.55 $ 44,144.10 462.00 0.00 462.00 44,144.10 - 44,144.10 100.00%
228 96" Drilled Shaft Foundations LF 276.00$ 743.40 $ 205,178.40 276.00 0.00 276.00 205,178.40 - 205,178.40 100.00%
229 Class C Concrete (Abutment) CY 29.00$ 787.50 $ 22,837.50 29.00 0.00 29.00 22,837.50 - 22,837.50 100.00%
230 Class C Concrete (Bent) CY 345.00$ 598.50 $ 206,482.50 345.00 0.00 345.00 206,482.50 - 206,482.50 100.00%
231 Class S Concrete (Approach Slab) CY 58.00$ 357.00 $ 20,706.00 58.00 0.00 58.00 20,706.00 - 20,706.00 100.00%
232 Reinforced Concrete Slab SF 17,818.00$ 18.69 $ 333,018.42 17818.00 0.00 17818.00 333,018.42 - 333,018.42 100.00%
233 Prestessed Concrete Beam (Type IV) LF 2,776.00$ 129.15 $ 358,520.40 2776.00 0.00 2776.00 358,520.40 - 358,520.40 100.00%
234 Concrete Surface Treatment Class 1 SY 2,186.00$ 2.10 $ 4,590.60 2186.00 0.00 2186.00 4,590.60 - 4,590.60 100.00%
235 Railing T80 MOD LF 1,114.00$ 202.30 $ 225,362.20 1114.00 0.00 1114.00 225,362.20 - 225,362.20 100.00%
236 SEJ-A 4" LF 186.00$ 128.10 $ 23,826.60 186.00 0.00 186.00 23,826.60 - 23,826.60 100.00%
237 Bridge Column Enhancements LS 1.00$ 66,385.00 $ 66,385.00 1.00 0.00 1.00 66,385.00 - 66,385.00 100.00%
238 CO11 Bridge Lighting (Type A Fixture Assembly) EA 0.00$ 5,320.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
239 CO16 Electrical Cabinet (240/480V 1P/3 wire) EA 0.00$ 13,800.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
240 Electrical Service Entrance Conductor (XHHW, #4 AWG) LF 10.00$ 1.55 $ 15.50 10.00 0.00 10.00 15.50 - 15.50 100.00%
241 CO11 Electrical Branch Circuit Conductor (XHHW, #10 AWG) LF 9,730.00$ 0.65 $ 6,324.50 9730.00 0.00 9730.00 6,324.50 - 6,324.50 100.00%
242 1-1/4" PVC Conduit LF 50.00$ 3.85 $ 192.50 50.00 0.00 50.00 192.50 - 192.50 100.00%
243 3/4" PVC Conduit LF 280.00 $ 3.10 $ 868.00 280.00 0.00 280.00 868.00 - 868.00 100.00%
244 1-1/4" GRS Conduit LF 6.00 $ 17.10 $ 102.60 6.00 0.00 6.00 102.60 - 102.60 100.00%
245 3/4" GRS Conduit LF 1,750.00 $ 3.95 $ 6,912.50 1750.00 0.00 1750.00 6,912.50 - 6,912.50 100.00%
Subtotal $ 1,525,467.32
Retaining Walls
246 Retaining Wall (MSE) SF 29,273.00 $ 20.79 $ 608,585.67 29273.00 0.00 29273.00 608,585.67 - 608,585.67 100.00%
247 Earthwork (Embankment)(Dens Cont)(Final)(TYA)(MOD) CY 16,500.00 $ 33.60 $ 554,400.00 16500.00 0.00 16500.00 554,400.00 - 554,400.00 100.00%
248 Rip Rap Mow Strip 4" CY 15.00 $ 393.75 $ 5,906.25 15.00 0.00 15.00 5,906.25 - 5,906.25 100.00%
249 Railing T80 Mod LF 2,214.00 $ 202.30 $ 447,892.20 2214.00 0.00 2214.00 447,892.20 - 447,892.20 100.00%
250 CO11 Railing T551 LF 0.00 $ 47.50 $ - 0.00 0.00 0.00 - - - #DIV/0!
251 CO6 Wick Drains LF 33,381.00 $ 0.60 $ 20,028.60 33381.00 0.00 33381.00 20,028.60 - 20,028.60 100.00%
252 CO11*12 6" Underdrain LF 1,117.00 $ 18.55 $ 20,720.35 1117.00 0.00 1117.00 20,720.35 - 20,720.35 100.00%
253 MSE Wall Enhancements LS 1.00 $ 410,000.00 $ 410,000.00 1.00 0.00 1.00 410,000.00 - 410,000.00 100.00%
Subtotal $ 2,067,533.07
Town Entry Monument
254 CO13 12'X12'X40' Monument EA 0.00 $ 124,000.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
254 A CO13 7'X7'X21' Monument EA 1.00 $ 72,500.00 $ 72,500.00 1.00 0.00 1.00 72,500.00 - 72,500.00 100.00%
255 CO13 Monument Lighting LS 0.00 $ 16,377.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
255 A CO13 Monument Lighting LS 1.00 $ 26,197.00 $ 26,197.00 0.75 0.25 1.00 19,647.75 6,549.25 26,197.00 100.00%
256 CO13 Monument Sign Plate LS 0.00 $ 9,270.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
256 A CO13 Monument Sign Plate EA 3.00 $ 8,150.00 $ 24,450.00 3.00 0.00 3.00 24,450.00 - 24,450.00 100.00%
257 Monument Landscaping LS 0.00 $ 100,000.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
258 Monument Irrigation LS 0.00 $ 100,000.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
259 CO13 Drilled Shaft (36 in) Monument LF 0.00 $ 215.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
259 A CO13 Drilled Shaft (60 in) Monument LF 62.00 $ 750.00 $ 46,500.00 62.00 0.00 62.00 46,500.00 - 46,500.00 100.00%
260 CO13 Class C Concrete Footing CY 11.00 $ 455.00 $ 5,005.00 11.00 0.00 11.00 5,005.00 - 5,005.00 100.00%
Subtotal $ 174,652.00
TOTAL BID ALTERNATE NO. 1 $ 3,767,652.39
Page 6 of 9 Page 218 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
BID ALTERNATE NO. 2
Existing Traffic Signal Improvements
261 Intuicom EB 58 Radio Communication System W Integrate EA 4.00 $ 2,545.00 $ 10,180.00 4.00 0.00 4.00 10,180.00 - 10,180.00 100.00%
262 Axis Video Server (241Q) EA 5.00 $ 510.00 $ 2,550.00 5.00 0.00 5.00 2,550.00 - 2,550.00 100.00%
263 Uninterruptible Power Supply System EA 5.00 $ 5,800.00 $ 29,000.00 5.00 0.00 5.00 29,000.00 - 29,000.00 100.00%
Subtotal $ 41,730.00
TOTAL BID ALTERNATE NO. 2 $ 41,730.00
264 CO2 Deduct 6' Fence; Composite LF (3,436.36) $ 18.32 $ (62,954.12) -3436.36 0.00 -3436.36 (62,954.12) - (62,954.12) 100.00%
265 CO2 6' Fence (Wood) (Stained) LF 3,436.36 $ 10.15 $ 34,879.05 3436.36 0.00 3436.36 34,879.05 - 34,879.05 100.00%
266 CO2 Deduct 8' Fence; Composite LF (7,927.67) $ 34.00 $ (269,540.78) -7927.67 0.00 -7927.67 (269,540.78) - (269,540.78) 100.00%
267 CO2 8' Fence (Wood) (Stained) LF 7,927.67 $ 26.30 $ 208,497.72 7927.67 0.00 7927.67 208,497.72 - 208,497.72 100.00%
Subtotal $ (89,118.12)
268 CO1*4 Type 4 ADA Curb Ramp EA 22.00 $ 1,135.00 $ 24,970.00 22.00 0.00 22.00 24,970.00 - 24,970.00 100.00%
269 CO1*13 Ty 6 (MOD) ADA Curb Ramp EA 0.00 $ 1,200.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
270 CO1 Set TYP II (18") (3:1) EA 1.00 $ 1,875.00 $ 1,875.00 1.00 0.00 1.00 1,875.00 - 1,875.00 100.00%
271 CO1 Set TYP II (24") (3:1) EA 1.00 $ 2,000.00 $ 2,000.00 1.00 0.00 1.00 2,000.00 - 2,000.00 100.00%
272 CO1 Set TYP II (36") (6:1) EA 1.00 $ 3,785.00 $ 3,785.00 1.00 0.00 1.00 3,785.00 - 3,785.00 100.00%
273 CO1 Stained concrete surface SY 285.00 $ 44.00 $ 12,540.00 285.00 0.00 285.00 12,540.00 - 12,540.00 100.00%
274 CO1 5' x 2' RCBC LF 6.00 $ 450.00 $ 2,700.00 6.00 0.00 6.00 2,700.00 - 2,700.00 100.00%
Subtotal $ 47,870.00
CO2-A Relocate Forestwood Gas Line LS 1.00 $ 6,340.00 $ 6,340.00 1.00 0.00 1.00 6,340.00 - 6,340.00 100.00%
CO2-B Relocate 2" Irrigation Meter LS 1.00 $ 4,810.00 $ 4,810.00 1.00 0.00 1.00 4,810.00 - 4,810.00 100.00%
CO2-C Lower Forestwood Water Line EA 1.00 $ 8,925.00 $ 8,925.00 1.00 0.00 1.00 8,925.00 - 8,925.00 100.00%
CO2-D Relocate CVS Parking Lot Lights EA 4.00 $ 7,250.00 $ 29,000.00 4.00 0.00 4.00 29,000.00 - 29,000.00 100.00%
CO2-E 4' High Pedestrain Fence LF 44.00 $ 55.65 $ 2,448.60 44.00 0.00 44.00 2,448.60 - 2,448.60 100.00%
CO2-F CO6*12 Sidewalk Lug LF 3,580.00 $ 7.50 $ 26,850.00 3580.00 0.00 3580.00 26,850.00 - 26,850.00 100.00%
CO2-G CO4*12 Curb and Gutter LF 2,377.00 $ 25.00 $ 59,425.00 2377.00 0.00 2377.00 59,425.00 - 59,425.00 100.00%
CO2-H Relocate Crape Myrtle EA 0.00 $ 200.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
CO2-I CO14 Irriagtion per tree EA 62.00 $ 50.00 $ 3,100.00 62.00 0.00 62.00 3,100.00 - 3,100.00 100.00%
CO2-J St. Augustine Sod SF 1,800.00 $ 0.50 $ 900.00 1800.00 0.00 1800.00 900.00 - 900.00 100.00%
CO2-K Composite Fence Gates LS 1.00 $ 1,140.00 $ 1,140.00 1.00 0.00 1.00 1,140.00 - 1,140.00 100.00%
CO3-A 6' Diameter Drop Manhole EA 1.00 $ 8,675.00 $ 8,675.00 1.00 0.00 1.00 8,675.00 - 8,675.00 100.00%
CO3-B CO4*8*9*12 Kick Board/Rot Board for wooden fences LF 11,364.03 $ 3.60 $ 40,910.51 11364.03 0.00 11364.03 40,910.51 - 40,910.51 100.00%
CO3-C Irrigation Changes - Lakeside Area LS 1.00 $ 9,535.57 $ 9,535.57 1.00 0.00 1.00 9,535.57 - 9,535.57 100.00%
CO4-A CO12 Curb & Gutter (w/Lug and Butt Joint) LF 510.10 $ 45.00 $ 22,954.50 510.10 0.00 510.10 22,954.50 - 22,954.50 100.00%
CO4-B CO12 Curb & Gutter (w/Lug only) LF 905.00 $ 30.00 $ 27,150.00 905.00 0.00 905.00 27,150.00 - 27,150.00 100.00%
CO4-C CO9 Replace/Reset/Adjust Valve Stack EA 15.00 $ 295.00 $ 4,425.00 15.00 0.00 15.00 4,425.00 - 4,425.00 100.00%
CO4-D Remove 2" Water Service & Cap at Main EA 6.00 $ 2,300.00 $ 13,800.00 6.00 0.00 6.00 13,800.00 - 13,800.00 100.00%
CO4-E Lower CVS Parking Lot Lights EA 3.00 $ 1,010.00 $ 3,030.00 3.00 0.00 3.00 3,030.00 - 3,030.00 100.00%
CO4-F CO8*12 2" Additional Concrete SY 4,295.00 $ 5.06 $ 21,732.70 4295.00 0.00 4295.00 21,732.70 - 21,732.70 100.00%
CO4-G Relocate Fire Hydrant EA 1.00 $ 3,700.00 $ 3,700.00 1.00 0.00 1.00 3,700.00 - 3,700.00 100.00%
CO5-A Placed and Removed Paving Steel SY 1,230.00 $ 12.30 $ 15,129.00 1230.00 0.00 1230.00 15,129.00 - 15,129.00 100.00%
CO5-B Replace Backfill CY 550.00 $ 18.00 $ 9,900.00 550.00 0.00 550.00 9,900.00 - 9,900.00 100.00%
CO6-A Chase Bank Water Service Relocate LS 1.00 $ 1,725.00 $ 1,725.00 1.00 0.00 1.00 1,725.00 - 1,725.00 100.00%
CO6-B Barricade Relocates for Christmas Parade LS 1.00 $ 416.76 $ 416.76 1.00 0.00 1.00 416.76 - 416.76 100.00%
CO6-C Type "D" Asphalt at Town Hall LS 1.00 $ 1,484.50 $ 1,484.50 1.00 0.00 1.00 1,484.50 - 1,484.50 100.00%
CO6-D Temporary Signal at Forest Vista LS 1.00 $ 7,950.00 $ 7,950.00 1.00 0.00 1.00 7,950.00 - 7,950.00 100.00%
CO6-E Abandon Sanitary Sewer Manhole LS 1.00 $ 2,015.00 $ 2,015.00 1.00 0.00 1.00 2,015.00 - 2,015.00 100.00%
CO6-F Electric Service TY D EA 11.00 $ 3,925.00 $ 43,175.00 11.00 0.00 11.00 43,175.00 - 43,175.00 100.00%
CO6-G Repair Storm Sewer at Fuqua LS 1.00 $ 6,024.12 $ 6,024.12 1.00 0.00 1.00 6,024.12 - 6,024.12 100.00%
CO6-H Single Valve Controllers EA 16.00 $ 297.85 $ 4,765.60 16.00 0.00 16.00 4,765.60 - 4,765.60 100.00%
CO6-I Remove 5' Sanitary Sewer Manhole EA 1.00 $ 500.00 $ 500.00 1.00 0.00 1.00 500.00 - 500.00 100.00%
CO6-J Adjust Fire Hydrant EA 2.00 $ 825.00 $ 1,650.00 2.00 0.00 2.00 1,650.00 - 1,650.00 100.00%
CO6-K Remove 3 Screening Walls at Town Hall LS 1.00 $ 3,000.00 $ 3,000.00 1.00 0.00 1.00 3,000.00 - 3,000.00 100.00%
Page 7 of 9 Page 219 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
CO6-L Install 15" RCP at Sta. 234 + 00 LS 1.00 $ 3,505.00 $ 3,505.00 1.00 0.00 1.00 3,505.00 - 3,505.00 100.00%
CO6-M Redo Sanitary Sewer at Sta. 234 + 00 EA 1.00 $ 2,265.00 $ 2,265.00 1.00 0.00 1.00 2,265.00 - 2,265.00 100.00%
CO6-N Install Concrete Collar at Sta. 231 + 00 EA 2.00 $ 400.00 $ 800.00 2.00 0.00 2.00 800.00 - 800.00 100.00%
CO7-A Irrigation Design (Beedhwood to FM 407) LS 1.00 $ 5,500.00 $ 5,500.00 1.00 0.00 1.00 5,500.00 - 5,500.00 100.00%
CO7-B CO9 Aerating Existing Median SF 581,570.00 $ 0.02 $ 11,631.40 581570.00 0.00 581570.00 11,631.40 - 11,631.40 100.00%
CO7-C CO9 Bermuda Overseed Existing Median SF 581,570.00 $ 0.02 $ 11,631.40 581570.00 0.00 581570.00 11,631.40 - 11,631.40 100.00%
CO7-D Irrigation Control (Beechwood to FM 407) LS 1.00 $ 4,955.00 $ 4,955.00 1.00 0.00 1.00 4,955.00 - 4,955.00 100.00%
CO7-E Irrigation System (Beechwood to FM 407) LS 1.00 $ 269,585.00 $ 269,585.00 1.00 0.00 1.00 269,585.00 - 269,585.00 100.00%
CO7-F Install 6" Bore LF 2,145.00 $ 29.50 $ 63,277.50 2145.00 0.00 2145.00 63,277.50 - 63,277.50 100.00%
CO7-G Install 6" Sleeving LF 4,430.00 $ 9.70 $ 42,971.00 4430.00 0.00 4430.00 42,971.00 - 42,971.00 100.00%
CO7-H Install 6" water tap, valve and extension LS 1.00 $ 9,735.00 $ 9,735.00 1.00 0.00 1.00 9,735.00 - 9,735.00 100.00%
CO7-I CO9*11 Install 2" water tap for irrigation meter LS 5.00 $ 4,075.00 $ 20,375.00 5.00 0.00 5.00 20,375.00 - 20,375.00 100.00%
CO7-J Town Hall Parking Changes - Striping LS 1.00 $ 7,311.25 $ 7,311.25 1.00 0.00 1.00 7,311.25 - 7,311.25 100.00%
CO7-K Town Hall Parking Change - Dumpster LS 1.00 $ 9,100.00 $ 9,100.00 1.00 0.00 1.00 9,100.00 - 9,100.00 100.00%
CO7-L Town Hall Parking Changes - Asphalt Repair LS 1.00 $ 41,950.00 $ 41,950.00 1.00 0.00 1.00 41,950.00 - 41,950.00 100.00%
CO7-M Town Hall Parking Changes - TY D Overlay LS 1.00 $ 34,162.50 $ 34,162.50 1.00 0.00 1.00 34,162.50 - 34,162.50 100.00%
CO7-N Strip Vegetation and Excavate Slope LS 1.00 $ 3,690.00 $ 3,690.00 1.00 0.00 1.00 3,690.00 - 3,690.00 100.00%
CO7-O CO9 Relocate 2" Water Meter EA 2.00 $ 3,225.00 $ 6,450.00 2.00 0.00 2.00 6,450.00 - 6,450.00 100.00%
CO7-P New Controller Pad EA 1.00 $ 3,850.00 $ 3,850.00 1.00 0.00 1.00 3,850.00 - 3,850.00 100.00%
CO7-Q New Electric Service - Sherwood II EA 1.00 $ 2,750.00 $ 2,750.00 1.00 0.00 1.00 2,750.00 - 2,750.00 100.00%
CO7-R Forestwood MS Pedestrian Tunnel Painting SF 4,650.00 $ 3.40 $ 15,810.00 4650.00 0.00 4650.00 15,810.00 - 15,810.00 100.00%
CO7-S Remove 6' Chain Link Fence at Lift Station LF 220.00 $ 3.75 $ 825.00 220.00 0.00 220.00 825.00 - 825.00 100.00%
CO7-T Install 6' Chain Link Fence at Lift Station LF 200.00 $ 34.50 $ 6,900.00 200.00 0.00 200.00 6,900.00 - 6,900.00 100.00%
CO7-U TxDOT 20' Grate Inlet on FM 1171 EA 1.00 $ 6,060.00 $ 6,060.00 1.00 0.00 1.00 6,060.00 - 6,060.00 100.00%
CO7-V TxDOT 10' Grate Inlet on FM 1171 EA 1.00 $ 4,390.00 $ 4,390.00 1.00 0.00 1.00 4,390.00 - 4,390.00 100.00%
CO8-A Town Hall Signs EA 3.00 $ 185.00 $ 555.00 3.00 0.00 3.00 555.00 - 555.00 100.00%
CO8-B Relocate/lower 12" water line @ FM 1171 LS 1.00 $ 56,750.00 $ 56,750.00 1.00 0.00 1.00 56,750.00 - 56,750.00 100.00%
CO9-A Brick Masonary Column w/Cast Stone Cap EA 7.00 $ 1,965.00 $ 13,755.00 7.00 0.00 7.00 13,755.00 - 13,755.00 100.00%
CO9-B Install 3" Sleeve - Town Hall Parking Lot LF 364.00 $ 7.75 $ 2,821.00 364.00 0.00 364.00 2,821.00 - 2,821.00 100.00%
CO9-C Relocate PED Pole at Garden Road LS 1.00 $ 4,160.00 $ 4,160.00 1.00 0.00 1.00 4,160.00 - 4,160.00 100.00%
CO9-D Install Town Supplied PED Pole at Forest Vista LS 1.00 $ 220.00 $ 220.00 1.00 0.00 1.00 220.00 - 220.00 100.00%
CO9-E CO12 Segmental Block Retaining Wall (SIM Center) SF 0.00 $ 29.50 $ - 0.00 0.00 0.00 - - - #DIV/0!
CO9-F Repair 12-inch water line at FM 2499/Pier 4 LS 1.00 $ 5,940.00 $ 5,940.00 1.00 0.00 1.00 5,940.00 - 5,940.00 100.00%
CO9-G Relocate Dumpster Pad - SIM Center LS 1.00 $ 9,375.00 $ 9,375.00 1.00 0.00 1.00 9,375.00 - 9,375.00 100.00%
CO9-H Install 3/4" conduit in Pier #5 LF 50.00 $ 16.75 $ 837.50 50.00 0.00 50.00 837.50 - 837.50 100.00%
CO9-I Repair Irrigation - CVS Pharmacy (FM 3040) LS 1.00 $ 1,003.13 $ 1,003.13 1.00 0.00 1.00 1,003.13 - 1,003.13 100.00%
CO9-J Repair Irrigation - Cedarwood HOA Entry LS 1.00 $ 367.99 $ 367.99 1.00 0.00 1.00 367.99 - 367.99 100.00%
CO9-K Repair Irrigation - Villages of Cross Timbers LS 1.00 $ 2,396.97 $ 2,396.97 1.00 0.00 1.00 2,396.97 - 2,396.97 100.00%
CO9-L Repair Irrigation - Sherwood II HOA LS 1.00 $ 7,375.39 $ 7,375.39 1.00 0.00 1.00 7,375.39 - 7,375.39 100.00%
CO9-M Concrete Wheel Stops - SIM Center EA 34.00 $ 56.25 $ 1,912.50 34.00 0.00 34.00 1,912.50 - 1,912.50 100.00%
CO9-N LEIT Solar Irrigation Controller - Bakers Branch EA 1.00 $ 3,630.00 $ 3,630.00 1.00 0.00 1.00 3,630.00 - 3,630.00 100.00%
CO9-O 18" RCP Plug at Big Canyon EA 1.00 $ 950.00 $ 950.00 1.00 0.00 1.00 950.00 - 950.00 100.00%
CO9-P 36" RCP Plug for 4x4 Inlet below Wall A EA 1.00 $ 950.00 $ 950.00 1.00 0.00 1.00 950.00 - 950.00 100.00%
CO9-Q 2" Mulch Cover for Tree Beds in Medians CY 1,000.00 $ 97.25 $ 97,250.00 1000.00 0.00 1000.00 97,250.00 - 97,250.00 100.00%
CO9-R Topsoil for SIM Center Landscape CY 40.00 $ 40.00 $ 1,600.00 40.00 0.00 40.00 1,600.00 - 1,600.00 100.00%
CO10-A Nellie R. Stevens Holly (15 gal)(48"-54") EA 304.00 $ 175.00 $ 53,200.00 304.00 0.00 304.00 53,200.00 - 53,200.00 100.00%
CO10-B PED Tunnel - Isolation Joint LF 150.00 $ 10.65 $ 1,597.50 150.00 0.00 150.00 1,597.50 - 1,597.50 100.00%
CO10-C PED Tunnel - #5 Rebar for concrete walkway LS 1.00 $ 4,850.00 $ 4,850.00 1.00 0.00 1.00 4,850.00 - 4,850.00 100.00%
CO10-D PED Tunnel - Bonding agent for walkway LS 1.00 $ 470.00 $ 470.00 1.00 0.00 1.00 470.00 - 470.00 100.00%
CO11-A Remove and Reset Guardrail LS 1.00 $ 1,875.00 $ 1,875.00 1.00 0.00 1.00 1,875.00 - 1,875.00 100.00%
CO11-B Steel Sidewalk Plate Over Drainage Flume EA 1.00 $ 2,350.00 $ 2,350.00 1.00 0.00 1.00 2,350.00 - 2,350.00 100.00%
CO11-C Concrete Drainage Flume w/ 6" Curb LS 1.00 $ 1,304.00 $ 1,304.00 1.00 0.00 1.00 1,304.00 - 1,304.00 100.00%
CO11-D Metal Beam Guard Fence (Painted) LF 210.00 $ 58.75 $ 12,337.50 210.00 0.00 210.00 12,337.50 - 12,337.50 100.00%
CO11-E Metal Beam Guard Fence Transition (Painted) EA 1.00 $ 1,945.00 $ 1,945.00 1.00 0.00 1.00 1,945.00 - 1,945.00 100.00%
CO11-F Single Guardrail Terminal (Painted) EA 1.00 $ 7,925.00 $ 7,925.00 1.00 0.00 1.00 7,925.00 - 7,925.00 100.00%
CO11-G Streetlight Foundation EA 4.00 $ 1,425.00 $ 5,700.00 4.00 0.00 4.00 5,700.00 - 5,700.00 100.00%
CO11-H Bridge Lighting Poles and Fixtures (Type A) EA 11.00 $ 7,600.00 $ 83,600.00 11.00 0.00 11.00 83,600.00 - 83,600.00 100.00%
Page 8 of 9 Page 220 of 230 CONTRACT ESTIMATE FOR PAYMENT Attachment 3
Project: Morriss / Gerault Improvements Estimate No.: 32
Unit Quantities Quantities Quantities Dollar Dollar Amount % of Item of Contract Unit Contract Completed Completed Completed Amount Amount Completed Quantity No. Description of Item Measure Quantities Price Amount Previous This Month To Date Previous This Month To date Complete
CO11-I Bridge Lighting Poles and Fixtures (Type B) EA 1.00 $ 8,035.00 $ 8,035.00 1.00 0.00 1.00 8,035.00 - 8,035.00 100.00%
CO11-J Modify Existing Curb Inlet EA 1.00 $ 1,500.00 $ 1,500.00 1.00 0.00 1.00 1,500.00 - 1,500.00 100.00%
CO11-K Form and Remove Light Pole Foundation EA 3.00 $ 4,161.65 $ 12,484.95 3.00 0.00 3.00 12,484.95 - 12,484.95 100.00%
CO11-L Electrical Cabinet EA 1.00 $ 9,168.75 $ 9,168.75 1.00 0.00 1.00 9,168.75 - 9,168.75 100.00%
CO11-M Cast Iron Bridge Box EA 2.00 $ 815.00 $ 1,630.00 2.00 0.00 2.00 1,630.00 - 1,630.00 100.00%
CO11-N Remove Coping to Form Light Pole Foundation EA 1.00 $ 2,500.00 $ 2,500.00 1.00 0.00 1.00 2,500.00 - 2,500.00 100.00%
CO11-O MSE Enhancements - T551 Rail Area SF 4,400.00 $ 21.35 $ 93,940.00 4400.00 0.00 4400.00 93,940.00 - 93,940.00 100.00%
CO11-P MSE Wall Sub-grade Preparation/Stabilization LS 1.00 $ 25,993.95 $ 25,993.95 1.00 0.00 1.00 25,993.95 - 25,993.95 100.00%
CO12-A Sawcut Existing Monument Sign LS 1.00 $ 1,660.00 $ 1,660.00 1.00 0.00 1.00 1,660.00 - 1,660.00 100.00%
CO12-B Fence Retaining Wall - Creekside Subdivision LF 378.00 $ 36.97 $ 13,974.66 378.00 0.00 378.00 13,974.66 - 13,974.66 100.00%
CO12-C Diesel Trash Pump - Storm Sewer Blockage LS 1.00 $ 353.41 $ 353.41 1.00 0.00 1.00 353.41 - 353.41 100.00%
CO12-D Bridge Clearance Signs EA 3.00 $ 2,315.00 $ 6,945.00 3.00 0.00 3.00 6,945.00 - 6,945.00 100.00%
CO12-E Flowable Fill (Lakeside and Gerault) CY 340.00 $ 115.00 $ 39,100.00 340.00 0.00 340.00 39,100.00 - 39,100.00 100.00%
CO12-F Traffic Control (Lakeside and Gerault) LS 1.00 $ 11,096.50 $ 11,096.50 1.00 0.00 1.00 11,096.50 - 11,096.50 100.00%
CO12-G Stamped Median Nose LS 1.00 $ 4,565.00 $ 4,565.00 1.00 0.00 1.00 4,565.00 - 4,565.00 100.00%
CO12-H 1 Gal. Liriope for Timber Meadows EA 2,894.00 $ 8.65 $ 25,033.10 2894.00 0.00 2894.00 25,033.10 - 25,033.10 100.00%
CO12-I Drip Irrigation System for Timber Meadows LS 1.00 $ 19,202.50 $ 19,202.50 1.00 0.00 1.00 19,202.50 - 19,202.50 100.00%
CO12-J Hardwood Mulch - Timber Meadows LS 1.00 $ 5,175.00 $ 5,175.00 1.00 0.00 1.00 5,175.00 - 5,175.00 100.00%
CO12-K Irrigation System - Staton Oaks LS 1.00 $ 33,600.00 $ 33,600.00 1.00 0.00 1.00 33,600.00 - 33,600.00 100.00%
CO12-L Irrigation System - Chaucer Estates LS 1.00 $ 12,705.00 $ 12,705.00 1.00 0.00 1.00 12,705.00 - 12,705.00 100.00%
CO12-M Irrigation System - SIM Center LS 1.00 $ 5,922.50 $ 5,922.50 1.00 0.00 1.00 5,922.50 - 5,922.50 100.00%
CO12-N Beam Mounting Plates LS 1.00 $ 10,806.50 $ 10,806.50 1.00 0.00 1.00 10,806.50 - 10,806.50 100.00%
CO12-O Remove and Rewire Traffic Signal Box EA 1.00 $ 906.25 $ 906.25 1.00 0.00 1.00 906.25 - 906.25 100.00%
CO12-P CO14 Paint Balance of Flyover Structure SF 0.00 $ 3.00 $ - 0.00 0.00 0.00 - - - #DIV/0!
CO12-Q Chase Bank Irrigation Repair LS 1.00 $ 14,892.50 $ 14,892.50 1.00 0.00 1.00 14,892.50 - 14,892.50 100.00%
CO14-A Paint Balance of Flyover Structure SF 45,000.00 $ 2.32 $ 104,400.00 45000.00 0.00 45000.00 104,400.00 - 104,400.00 100.00%
CO14-B Grind and Patch Pedestrian Tunnel LS 1.00 $ 8,110.00 $ 8,110.00 1.00 0.00 1.00 8,110.00 - 8,110.00 100.00%
CO14-C Furnish/Install Steel Bird Spikes on Conduit LF 150.00 $ 22.50 $ 3,375.00 150.00 0.00 150.00 3,375.00 - 3,375.00 100.00%
CO14-D Light Pole Foundation 9A - reform LS 1.00 $ 2,500.00 $ 2,500.00 1.00 0.00 1.00 2,500.00 - 2,500.00 100.00%
CO15-A Bermuda Hydro-Mulch SF 95,000.00 $ 0.10 $ 9,500.00 95000.00 0.00 95000.00 9,500.00 - 9,500.00 100.00%
CO15-B Temporary Irrigation for Hydro-Mulch LS 1.00 $ 10,625.00 $ 10,625.00 1.00 0.00 1.00 10,625.00 - 10,625.00 100.00%
CO15-C Irrigation at FM 2499 Monument (w/Bore) LS 1.00 $ 4,000.00 $ 4,000.00 1.00 0.00 1.00 4,000.00 - 4,000.00 100.00%
CO15-D Irrigation at Taown Hall Entrance LS 1.00 $ 3,040.00 $ 3,040.00 1.00 0.00 1.00 3,040.00 - 3,040.00 100.00%
CO15-E 4" White Dashed 3M StaMark Contrast Tape LF 1,551.00 $ 4.90 $ 7,599.90 1551.00 0.00 1551.00 7,599.90 - 7,599.90 100.00%
CO15-F FM 1171 Traffic Control LS 1.00 $ 3,000.00 $ 3,000.00 1.00 0.00 1.00 3,000.00 - 3,000.00 100.00%
CO16-A Pier drilling Adjustment for Soil Conditions LS 1.00 $ 31,300.00 $ 31,300.00 1.00 0.00 1.00 31,300.00 - 31,300.00 100.00%
CO17-A Drainage Modification and Connection LS 1.00 $ 7,500.00 $ 7,500.00 0.00 1.00 1.00 - 7,500.00 7,500.00 100.00%
$ 1,931,210.86
TOTAL 15,406,514.82 15,350,222.17 56,292.65 15,406,514.82 100.00%
Page 9 of 9 Page 221 of 230
Attachment 4 Page 222 of 230
Attachment 5 Page 223 of 230
Attachment 5 Page 224 of 230
Future Agenda Items Page 1 of 7 As of 12/14/12
December 20, 2012, Work session (Canceled)
January 7, 2013, Regular meeting; Crime Control and Prevention District Special meeting
Presentation
1. Marcus High School, Certificate of Achievement, UIL State Marching Band Contest
Consent
1. Consider approval of the minutes from a regular meeting of the Town Council; Town of Flower Mound Crime Control and Prevention District Special meeting held on December 17, 2012.
2. Consider approval of an Interlocal Cooperation Agreement with Denton County for the provision of Emergency Medical Services for the benefit of the citizens of Flower Mound and Denton County, and authorization for the Mayor to execute same on behalf of the Town.
3. Consider approval of an Interlocal Cooperation Agreement with Denton County for the provision of fire protection services for the benefit of the citizens of Flower Mound and Denton County, and authorization for the Mayor to execute same on behalf of the Town.
4. Consider approval of the appointment of three members to the Public Arts Committee with terms expiring September 30, 2014. (The PALS Board recommended approval by a vote of x to x at its December 6, 2012, meeting.)
5. Consider approval of a Professional Services Agreement with Kleinfelder Central, Inc., to provide geotechnical and material testing services associated with the construction of the Upper Timber Creek Interceptor Phase 1 project, in the amount of $32,030.00 and authorization for the Mayor to execute same on behalf of the Town.
6. Old Settlers @ Sagebrush Signal Change Order No. 1 and Final Acceptance.
7. FM 407 12-Inch Waterline Final Acceptance.
8. Consider approval of a Memorandum of Understanding with the Flower Mound Chamber of Commerce; and authorization for the Mayor to execute same on behalf of the Town.
9. Consider approval of an ordinance amending the Town of Flower Mound’s Annual Budget for the fiscal year beginning on October 1, 2012, and ending on September 30, 2013, as adopted by Ordinance No. 40-12 and amended by Ordinance No. 56- 12, for adjustments to the TIRZ, Park Development, Street Maintenance, Parks 4B, and General Capital Projects Funds.
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Future Agenda Items Page 2 of 7 As of 12/14/12
Regular
10. Braden Bakersfield Construction Award.
11. Consider approval of the award of Competitive Sealed Bid No. 2013-5-B for the construction of the Town Wide Lift Station Auxiliary Power Upgrade project to XXXXXXX, in the amount of $XXXXXX; and authorization for the Mayor to sign the same on behalf of the Town.
January 17, 2013, Joint Town Council/Transportation Commission Work session
Work session
1. Discuss and consider matters related to Transportation Commission structure, TxDOT projects such as FM 407 and FM 1171; bike lanes; sidewalk gaps on arterial and collector streets; the Town’s proposed funding of capital improvement projects listed on the Town’s approved Five-Year Capital Improvement Projects Plan, including currently programmed streets, as well as those soon to begin or near or at completion such as Morriss/Gerault Rd, West Windsor, and Wichita Trail; including a review of and the effectiveness of the Street Maintenance Program (dedicated sales tax); the Town’s Complete Streets plan; and the Town’s Thoroughfare Master Plan.
2. Discuss and consider Keep Flower Mound Beautiful’s Lend A Hand Community Enhancement Initiative.
3. Discuss and consider amendments to Property Standards codes.
4. Follow up analysis related to the Lakeside DFW project.
January 21, 2013, Regular meeting
(Canceled in observance of the Martin Luther King Jr. Day holiday)
February 4, 2013, Regular meeting; Crime Control and Prevention District Special meeting
Presentations
1. Certificate of Achievement, Marcus High School, Latin Club.
Consent
1. Consider approval of the minutes from a regular meeting of the Town Council; Town of Flower Mound Crime Control and Prevention District Special meeting held on January 7, 2013.
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Future Agenda Items Page 3 of 7 As of 12/14/12
2. Consider approval of the minutes from a joint work session of the Town Council and Transportation Commission held on January 17, 2013.
3. Consider approval of an ordinance ordering the May 11, 2013, general election for the purpose of electing Councilmember Place 1, Councilmember Place 3, and Councilmember Place 5, for two-year terms each.
4. Consider approval of a resolution confirming a relationship with______; designating and appointing authorized agents; authorizing the Mayor to sign all accompanying agreements; providing for the operation of the Town’s accounts with said Bank; and declaring an effective date.
5. Consider approval of Change Order No. 2 for a contract reduction of $2,898.90; final acceptance of the Kirkpatrick Force Main project; authorization for final payment to International Fidelity Insurance Company, in the amount of $34,428.20; and authorization for the Mayor to execute same on behalf of the Town.
6. Timber Creek Road 20-Inch Water Line and Valley Ridge Boulevard 20-Inch Water Line projects Change Order and Final Acceptance.
7. Waketon Elevated Storage Tank Final Acceptance.
8. Wellington Interceptor Section 1 Change Order No. 1 and Final Acceptance.
9. FM 1171 Waterline Relocate Change Order No. 3 and Final Acceptance.
10. Twin Coves Boating Access Grant Agreement.
11. O & M Testing Award.
12. Jake’s Hilltop Park Parking Lot Design Award.
13. 3908 Regency Park Court Easement.
14. Twin Coves Wastewater Change Order No. 1 and Final Acceptance.
15. Bakersfield 12-Inch Waterline Change Order and Final Acceptance.
16. WWTP Phase II Change Order No. 2 and Final Acceptance.
17. 4009 Beacon Street Easement Abandonment.
Regular
18. MPA 05-12 – Saddle Oaks Addition, Phase 2 Public Hearing to consider a request for a Master Plan Amendment to amend Section 1.0, Land Use Plan (MPA 05-12 - Saddle Oaks Addition Phase 2), of the Master Plan to change the current land use designation from Estate Residential uses to Low Density Residential uses on approximately 46.172 acres of land, and to Page 227 of 230
Future Agenda Items Page 4 of 7 As of 12/14/12
consider adopting an ordinance providing for said amendment. The property is generally located north of Cross Timbers Road and east of Lusk Lane. (The Planning and Zoning Commission recommended by a vote of to at its January 14, 2013, meeting.)
19. ZPD 01-11 – Saddle Oaks Addition, Phase 2 Public Hearing to consider a request for rezoning (ZPD 01-11 - Saddle Oaks Addition Phase 2) from Agricultural District (A) uses to Planned Development District No. 115 (PD-115) with Single-Family District-15 (SF-15) uses, and to consider adopting an ordinance providing for said amendment. The property is generally located north of Cross Timbers Road and east of Lusk Lane. (The Planning and Zoning Commission recommended by a vote of to at its January 14, 2013, meeting.)
20. DP 04-12 – Canyon Falls Consider a request for a Development Plan (DP 04-12 - Canyon Falls) to develop a residential subdivision. The property is generally located north of F.M. 1171 and west of U.S. 377. (The Planning and Zoning Commission recommended by a vote of to at its January 14, 2013, meeting.)
21. Z 03-12 – Regency Park, Phase II Public Hearing to consider a request for rezoning (Z 03-12 - Regency Park, Phase II) from Agricultural District (A) uses to Single-Family District-15 (SF-15) uses, and to consider adopting an ordinance providing for said amendment. The property is generally located south of Cross Timbers Road and east of Bruton Orand Boulevard. (The Planning and Zoning Commission recommended by a vote of to at its January 14, 2013, meeting.)
22. SP 19-12 – Premier Nationwide Lending Consider a request for a Site Plan (SP 19-12 - Premier Nationwide Lending) to develop an office building. The property is generally located southwest of the intersection of Lakeside Parkway and Lake Forest Blvd. (The Planning and Zoning Commission recommended by a vote of to at its January 14, 2013, meeting.)
23. SP 15-12 – Edward S. Marcus HS 9th Grade Campus Consider a request for an amended Site Plan (SP 15-12 - Edward S. Marcus HS 9th Grade Campus) to further develop an existing school site with an exception to Section 82-302, Compatibility Buffer, of the Code of Ordinances, and a request for additional height pursuant to Section 98-1031(d) Additional height, of the Code of Ordinances. The property is generally located west of Morriss Road and north of Waketon Road. (The Planning and Zoning Commission recommended by a vote of to at its January 14, 2013, meeting.)
24. SP 16-12 – Flower Mound HS 9th Grade Campus Consider a request for an amended Site Plan (SP 16-12 - Flower Mound HS 9th Grade Campus) to further develop an existing school site with an exception to Section 82-302, Compatibility Buffer, of the Code of Ordinances, and a request for additional height pursuant to Section 98-1031(d) Additional height, of the Code of Page 228 of 230
Future Agenda Items Page 5 of 7 As of 12/14/12
Ordinances. The property is generally located south of Peters Colony Road and west of Old Settlers Road. (The Planning and Zoning Commission recommended by a vote of to at its January 14, 2013, meeting.)
25. SP 17-12 – Flower Mound HS Sports Complex Consider a request for a Site Plan (SP 17-12 – Flower Mound HS Sports Complex) to develop outdoor recreational facilities with a concession building, with an exception to the access management policy and criteria, regarding driveway spacing, contained in the Town’s Engineering Design Criteria and Construction Standards adopted through Chapter 32 of the Code of Ordinances. The property is generally located north of Peters Colony and west of Old Settlers Road. (The Planning and Zoning Commission recommended by a vote of to at its January 28, 2013, meeting.)
26. Chinn Chapel Construction Award.
27. 2011 Street Reconstruction – Change Order No. 3 and Final Acceptance.
28. Western Elevated Storage Tank – Change Order and Final Acceptance.
29. CDBG – Sunrise Circle Phase V Change Order No. 3 and Final Acceptance.
30. Consider approval of a Professional Services Agreement with Kimley-Horn and Associates, Inc., to provide professional engineering services for the Bruton Orand Elevated Storage Tank Rehabilitation project, in the amount of $XXXXXX, and authorization for the Mayor to execute the same on behalf of the Town.
31. FM 1171 @ Tour 18 Traffic Signal Construction Award.
32. O & M Construction Award.
33. O & M PSA CCA.
34. Consider approval of a Memorandum of Understanding between the Town of Flower Mound and University of North Texas for a Phase Zero entrepreneurship program.
February 18, 2013, Regular meeting
Consent
1. Consider approval of the minutes from a regular meeting of the Town Council; Town of Flower Mound Crime Control and Prevention District Special meeting held on February 4, 2013.
2. Chinn Chapel Testing Award.
3. Western Pump Station Design Amendment.
Page 229 of 230
Future Agenda Items Page 6 of 7 As of 12/14/12
4. Lakeside Traffic Improvement Design Award.
Regular
5. FM 1171 Traffic Signal Section 2 and 3 (LAPFA).
February 21, 2013, Work session
March 4, 2013, Regular meeting
March 18, 2013, Regular meeting
Consent
1. Wellington Interceptor Section 2 – Testing Award.
Regular
2. Wellington Interceptor Section 2 – Construction Award.
FUTURE ITEMS – TBD
1. Public Hearing to consider an application for a tree removal permit for the removal of six specimen trees on property proposed for development as Children’s Learning Adventure. The property is generally located north of FM 3040 and east of Morriss Road.
2. Public Hearing to consider an application for a tree removal permit for the removal of two specimen trees on property proposed for development as the Flower Mound High School Sports Complex. The property is generally located at the northwest corner of Old Settlers Road and Peters Colony. (The Environmental Conservation Commission recommended approval by a vote of 4 to 0 at its November 6, 2012, meeting).
3. Jake’s Hilltop Park Parking Lot Construction Award.
4. Skillern Road 12-Inch Waterline Change Order and Final Acceptance.
5. Bakers Branch Collector Construction Award.
6. Bakers Branch Collector Testing Award.
7. Pink Evening Primrose Trail Design Award.
8. Flower Mound Road Turn Lanes @ Native Oak Design. Future Agenda Items Page 7 of 7 As of 12/14/12
9. FM 1171 to Hwy 377 & Hwy 377/UPRR Waterlines Construction Award.
10. FM 1171 to Hwy 377 & Hwy 377/UPRR Waterlines Testing Award.
11. Lakeside 12-Inch Waterline and PVR Design Award.
12. Southside Lift Station Upgrade and Force Main Design.
13. Lusk Lane Drainage Improvements Construction Award.
14. FM 1171@ Tour 18 Temporary Traffic Signal Final Acceptance.
15. Lakeside Traffic Improvements Testing Award.
16. Lakeside Traffic Improvements Construction Award.
17. 2013 Street Reconstruction Construction Award (Wood Creek & Sheffield).
18. 2013 Street Reconstruction Construction Award (Colony & Colonial).
19. 2013 Street Reconstruction Testing Award (Wood Creek & Sheffield).
20. 2013 Street Reconstruction Testing Award (Colony & Colonial).