Agenda Flower Mound Town Council Regular Meeting

AGENDA

FLOWER MOUND TOWN COUNCIL REGULAR MEETING; CRIME CONTROL AND PREVENTION DISTRICT SPECIAL MEETING

JANUARY 7, 2013

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.” Led by Eagle Scouts from Troop 123. G. PRESENTATIONS

1. Marcus High School, Certificate of Achievement, UIL State Marching Band Contest 2. Certificates of Achievement to Eagle Scouts Jordan E. Jacobs, Jackson Wilson, and Eric Plenger.

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 January 7, 2013 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 and Fire Department enhancements. 2. Discuss Council Communications (CC): a. CC 38-12 – Request for the Parks, Arts and Library Services (PALS) Board to propose alternate locations for the construction of the skate park. b. CC 39-12 – Community Garden – Temporary Location. c. CC 40-12 – Sponsorship program for parks and other Town services.

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; Town of Flower Mound Crime Control and Prevention District Special meeting held on December 17, 2012.

2. 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.

3. Consider approval of Change Order No. 1 for Bid No. 61-12-B, for the Old Settlers at Sagebrush traffic signal project, amending the contract with Roadway Solutions, Inc., for a decrease in the amount of $17,083.80; acceptance of the project; authorization of final payment to Roadway Solutions Inc., in the amount of $8,456.92; and authorization for the Mayor to execute same on behalf of the Town.

4. 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.

5. 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.

Town Council Meeting Agenda January 7, 2013 Page 3

6. 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.

7. 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.

L. REGULAR ITEMS

8. Consider approval of the award of Bid No. 2013-17-B, to C. Green Scaping, LP, for the construction of the Braden-Bakersfield Park project, for a total amount of $235,348.34; and authorization for the Mayor to execute same on behalf of the Town.

M. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS

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 economic development incentives.

b. Discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto.

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. Consultation with Town Attorney regarding legal issues relative to franchise agreement with utility provider and contract utilities.

e. Discuss and consider Presiding Judge, Alternate Judge, and addition of second Alternate Judge position.

f. Red Oak Gas, L.P., et al. v. Town of Flower Mound, Cause No. 2009-30345- 211, pending in the 211th Judicial District Court, Denton County, Texas. Town Council Meeting Agenda January 7, 2013 Page 4

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 economic development incentives.

b. Discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto.

d. Consultation with Town Attorney regarding legal issues relative to franchise agreement with utility provider and contract utilities.

e. Discuss and consider Presiding Judge, Alternate Judge, and addition of second Alternate Judge position.

f. Red Oak Gas, L.P., et al. v. Town of Flower Mound, Cause No. 2009-30345- 211, pending in the 211th Judicial District Court, Denton County, Texas.

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: January 4, 2013, at 2:30 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.

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TOWN COUNCIL MEETING AGENDA ITEM NO: 1 January 7, 2013

[ 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; Town of Flower Mound Crime Control and Prevention District Special meeting held on December 17, 2012.

[ ] Ordinance [ ] Resolution [X ] Motion [ ] Direction

I. SUMMARY:

The Town Council held a regular meeting of the Town Council; Town of Flower Mound Crime Control and Prevention District Special meeting held on December 17, 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; Town of Flower Mound Crime Control and Prevention District Special meeting held on December 17, 2012. Page 2 of 111

FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 17, 2012 BOOK 41 PAGE 1

THE FLOWER MOUND TOWN COUNCIL REGULAR MEETING; CRIME CONTROL AND PREVENTION DISTRICT SPECIAL MEETING HELD ON THE 17TH 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 (arrived at 6:46 p.m.) 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 Director of Development Services Matt Woods Director of Environmental Services

A. CALL BRIEFING SESSION TO ORDER

Mayor Pro Tem Stephenson called the briefing session to order at 6:03 p.m.

B. BRIEFING SESSION

1. Town Council Boards and Commissions Subcommittee/Liaison Reports

Deputy Mayor Pro Tem Wise reported attending the Parks, Arts, and Library Services (PALS) Board meeting on December 6th and he summarized the topics discussed.

Councilmember Webb reported attending the Planning & Zoning Commission meeting last Monday and noted most of the items heard and acted upon are coming before Council this evening.

2. Discuss Consent and Regular Items

No discussion.

3. Request Future Agenda Items

No discussion. Page 3 of 111

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C./D. ADJOURN BRIEFING SESSION AND CALL REGULAR MEETING TO ORDER

Mayor Pro Tem Stephenson adjourned the briefing session and called the regular meeting to order at 6:04 p.m.

E. INVOCATION

Chaplain Mike Liles gave the invocation.

F. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND THE TEXAS FLAG

Webelos of Cub Scout Pack 62, the Dragon Den led the pledges.

G. PRESENTATIONS

1. Performance from Flower Mound High School choral ensembles

The Flower Mound High School choral ensemble gave a performance of Christmas carols, with the following members participating: Ben Hladky, Derek Messer, Daniel Stephens, Jordan Sloan, Priya Mathew, Haley McNeese, Morgan Opgenorth, and Addison Pattillo.

2. Arbor Day Proclamation

Mayor Pro Tem Stephenson read and presented an Arbor Day Proclamation to Jared Martin, Environmental Review Analysis.

3. Certificate of Achievement, PostNet Flower Mound, Eric and Michele Diaz

Eric and Michele Diaz were unable to attend due to this being their busiest time of year and the need to meet shipping demands from customers.

4. Lewisville Independent School District (LISD) update by LISD Liaison Connie Smith

Ms. Smith reported having attended the LISD school board meeting and announced 9th grade centers are being considered for both Marcus and Flower Mound High Schools, noting that the Marcus High School facility is going along fine; however, there have been some hiccups with the Flower Mound one. A wing option is being considered for both schools. LISD indicates it’s better to have the students in one major building and have a wing than is the 9th grade center as opposed to having a totally separate facility. The wing option allows for transportation cost savings, student safety, reduced student tardiness, and avoids duplicating teachers and facilities.

Building the wing for the Flower Mound 9th grade center requires relocating some of the athletic facilities and a parking lot across the street to a lot that has been Page 4 of 111

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purchased on the northwest corner of Peters Colony and Old Settlers. The 9th grade center would then be further down and attached to the main campus. This change has upset some of the residents of the surrounding neighborhoods such as Pecan Park, Diamond Belle, and those on Harris Road because they don’t want those facilities right next to their homes. She noted the LISD architects made a presentation and showed everything that they have done from March to present day. They started with five different options in April. They came back with eight more options in May, and then last week they presented an additional eight options, one of which was keeping everything as planned. The main problem that they have with that lot is there is a big slope so there is a drainage issue on the lot. If they take it and rearrange it the way the area residents want it, it will require a huge amount of grading to the lot, which would increase the cost of redoing these facilities by as much as $1.7 million and it could delay the project six months to a year because they would have to basically start all over - redo drainage, installing retaining walls, adding lift stations, etc. They presented several options in an attempt to accommodate as many people as possible. The first option is to keep with the current plan and not make any changes. The second option was to keep the layout the same; however, add landscaping and the taller wall (10-12’), which would be based on TxDOT specifications for sound walls with a sound barrier element. That option would cost about $250,000 and wouldn’t impact the schedule.

The next option was that they could proceed with the current design and make some modifications such as shifting everything down and moving the parking lot up to the top of the property, which would result in the concession stand being moved to an alternate location, and some other shifts with the tennis courts, which changes the drainage drastically because the lot drains from the upper left to the lower right and would require grading and installation of lift stations for the concessions and rest rooms. The cost to implement those changes would be $1.1 million and at least a six month delay because they would need to go back through the approval process.

The next option was to move the baseball field down 64’. That would (because of the slope at the back of the lot) give extra room for some trees to the back of the retaining wall and create more of a buffer. It would require adding a retaining wall between the baseball field and the tennis courts. It would only be an administrative change according to the planning and zoning department.

The third option, which a lot of people seem to have wanted, was to flip the facilities around and move the baseball fields down to the lower right corner. This causes a real problem according to the drainage and requires massive retaining walls, massive fill, and the cost of this option was approximately $1.425 million, and would also cause a 6 – 12 month delay.

Option D was basically flipping around the facilities a different way but you would have the same problems from the last option.

Option 2E includes moving the baseball field down 84’ and putting in a TxDOT Page 5 of 111

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rated wall to the North, additional trees (either the same number, additional, or larger trees), and add a retaining wall between the baseball and tennis courts. It would basically put center field approximately 16” to 18” from the top of the wall. And then that one cost about $450,000 and there wasn’t an impact to the schedule.

The last option was to move the baseball field down 129’ but that includes adding an entire water retention area, completely changing the slope and grade of the site and would cost $1.7 million, with a 6 – 12 month delay.

There was a lot of discussion on the options because the residents are concerned about noise and lights. With regard to lights, they would put shutters on the lights so they are not shinning out into the homes and directed onto the field. For the sound issue, they are looking at duplicating what was done at Marcus by directing the sound toward where it needs to be as opposed to a broader range.

The problem with putting a parking lot toward the north side of the lot is that parking lot lights are on longer and come on every day as opposed to the fields where there are approximately eight night games.

Other considerations included cost and timing involved. She noted this is something the voters wanted as it was voted on in the bond election. She indicated it’s needed to reduce crowding and delaying it is not fair to the students. She indicated they serve 13 communities and need to keep that in mind when making these decisions, including the fact that some of these facilities are in need of major renovations.

The other major thing with keeping the 9th grade center and the positive impact is that right now over 1,000 kids every day are dropped off and picked up on Peters Colony and about 600 – 700 are freshman. By putting the 9th grade center where they are suggesting on the main campus it will redirect that traffic onto Old Settlers, which is a wider road that can better handle the traffic.

In conclusion, option 2E is being recommended. They will be going back to the Planning & Zoning Commission in January so they will probably be coming to Council in February or March.

Councilmember Webb commented it sounds like the school district is checking every option they can. He asked Ms. Smith if she is aware of the school district needing any assistance from staff or Council as they develop through their plans.

Ms. Smith responded no, not at this time.

Councilmember Levenick indicated she wanted Ms. Smith to come and speak tonight so that the people that weren’t able to attend the board meeting would have some idea as to what is going on and she expressed a desire to have more people involved in going to the LISD Board meetings as there is a lot of activity right now. Page 6 of 111

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Ms. Smith indicated there was a full house at the board meeting and a lot of people there for public participation. There were approximately 8 – 10 people that spoke for it and about the same amount spoke against it.

H. PUBLIC PARTICIPATION

Vern Olson, 1904 Doubletree Tr, Flower Mound, TX Mr. Olson expressed concern in relation to the number of trees he indicated Atmos intends to take down in junction with the Atmos easement clearing.

Bill McGee, 1901 Doubletree Tr, Flower Mound, TX Mr. McGee expressed concern in relation to the number of trees he indicated Atmos intends to take down in junction with the Atmos easement clearing.

Bruce Waggoner, 4601 Shiloh Rd, Flower Mound, TX Mr. Waggoner expressed a concern with a problem of feral cats and the need to implement a program to control them.

I. ANNOUNCEMENTS

Announce recent and upcoming civic and social events.

Several Council members extended well wishes for a Merry Christmas and happy and safe New Year.

Deputy Mayor Pro Tem Wise had the following announcements:  Extended a special thanks to the police and fire personnel given they will be working on Christmas and throughout the holidays.  Offered congratulations to Flower Mound resident Lisa Whelchel as she was one of the finalists on CBS’s TV Reality show Survivor.

Mayor Pro Tem Stephenson offered thanks to the police department and their heightened presence in the schools on Friday as a result of the situation with the school shooting in Connecticut. She indicated many of the parents were also comforted by their presence.

Councilmember Webb commented that as we all learned on Friday (Connecticut school shooting), make sure we take every opportunity to hug those that we love and tell them we love them.

J. TOWN MANAGER’S REPORT

1. Update and status report related to capital improvement projects, Santa Cops program, and River Hill traffic update.

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Mr. Springer provided an update on the following topics:

Atmos clearing: Town staff is working with Atmos to inventory their full easement along the way. When it was mentioned earlier about marking the trees, that is just an inventory of all the trees along their easement all the way through Town. We are anticipating that Atmos will be completed by the end of the year and next steps include additional discussions with Atmos and Council. The survey is currently being done for informational purposes only at this time.

Mayor Pro Tem Stephenson indicated having received an e-mail from a resident stating that if you lived adjacent to the pipeline Atmos was not going to notify you before they entered your property to take down any trees, fences, or sheds that might be in their easement. She recollected having a discussion with Atmos about making sure they were providing proper notice.

Mr. Springer stated he would check, however, it is his understanding they were going to provide notice when going on anyone’s property to do that type of work.

Mayor Hayden requested Mr. Springer to confirm with Atmos that they are providing proper notice before entering homeowner’s property.

Mayor Hayden summarized that with regard to timing they will be working on tree identification until the end of the year and then discussions will begin again in January.

Santa Cops: Mr. Springer summarized the program stating it began in 2007 jointly between the Police Department and the Citizens Police Academy Association and the program collects donations and gifts throughout the year and distributes them at Christmas to children in Flower Mound that might otherwise not receive a gift from Santa. The collections ended on the 14th and deliveries are scheduled to begin at 6:00 p.m. on December 20th and will be made by volunteers, along with police officers and their families. Any items remaining after deliveries, and the family’s needs are met, are donated to other programs such as Toys for Tots, Friends of the Family and the local Angel Tree program. In 2012 there were 25 donation locations throughout Flower Mound, and 46 families and 113 children were provided for.

River Hill Traffic Update: Mr. Springer summarized the history of the traffic concerns for that area noting the Town became involved in 2005 when concerns were received from the River Hill Oaks HOA. The continuing traffic concern expressed by residents can be attributed to factors such as the design of the subdivision which was in 1994, and lack of sidewalks and curbs, which was not part of the roadway design and it’s an estate roadway design. The road connects Scenic Drive to the west and Skillern to the east. He demonstrated the location of the road on a map. In 2006 the Town Council adopted a Neighborhood Traffic Management Policy to establish criteria for residents to rely on to address traffic concerns. In that neighborhood additional traffic counts began in the fall of 2008 Page 8 of 111

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and the Town determined that the neighborhood was eligible to participate in the program. Speed studies, traffic counts, and measures continued until 2009 where the Transportation Commission recommended surveying the neighborhood to determine support for a Type 2 measure - which was speed humps. The Town’s Traffic Management Plan requires 80% approval from the residents to install speed humps and the survey results in 2009 showed that only 56% of the neighborhood supported them. In August of 2010 the speed limit was reduced from 30 to 25 mph based on the proximity to the Flower Mound road construction project. Recently, in response to some additional citizen concerns the Town conducted another traffic study in May to set a new baseline and reevaluate those concerns. One change that occurred because of this was a multi-way stop sign that was installed in August of this year.

To briefly go over the Town’s Neighborhood Traffic Management Plan, there are four Type 1 measures and a neighborhood traffic problem is defined where the amount of vehicles is greater than 1,200 vehicles per day or the 85th percentile speed is greater than 35 mph on a residential street.

Type 1 measures are neighborhood awareness in terms of meeting with the HOA and data collection, traffic control device installation, speed trailers for monitoring speed, and increased police enforcement.

Type 2 measures are those that require approval of the residents and include speed humps, diverters, and partial street closure, as well as a full street closure. The first three require 80% approval of residents under the policy and the full street closure requires 100% approval.

In summary, the recent May study results found the average mean speed on the road was 31.9 mph and at the 85th percentile (where 15% was going at that speed or greater) was 38.1 mph (for both east and west bound directions and they were similar). In terms of recent enforcement, between December 4 – 13 citations were issued by the police, which included 18 speeding tickets (average speeding ticket for 39.4 mph) and 25 warnings (average warning was for 36 mph), and 9 other citations or warnings. What is planned after this increased police enforcement is to conduct another speed study to see how effective the latest enforcement has been. We can also consider meeting again with the neighborhood HOA to consider any of the Type 2 measures to see if they would like the Town to reconsider that and do a new survey.

Councilmember Levenick stated that if we’re doing increased patrol there, and 25 warnings were issued, why isn’t everyone getting citations? She noted there should be more citations instead of warnings. When you have a problem such as the neighborhood complaining about the speed of the traffic, the way to stop it is to start issuing citations.

Mr. Springer responded that the police officers get together and discuss ranges. Generally the warnings were in the speed of 10 – 12 mph greater than the speed limit, and above that generally citations were issued. Page 9 of 111

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Levenick: Do you have a breakdown of this number (18, 25 and 9) as to how many of the people that were issued the citations and warnings were actual residents of the neighborhood versus those that might be cutting through - because the complaint is that there is a lot of cut-through traffic on that road.

Springer: For the speeding citations issued, 6 were residents, and 12 were non- residents. For the warnings issued, 10 were residents and 15 were non-residents.

Councilmember Dixon stated we heard Mr. Springer discuss humps, closures, and diverters. He asked Mr. Collins to give Council an idea as to what kind of diverters might ultimately be a recommendation.

Mr. Collins responded that all of those Type 2 measures, particularly the first 3, are designed to make it uncomfortable for vehicles to drive fast down a street. Diverters create some deflection in the road, instead of a straight roadway the way it is now where vehicles are more likely to go faster. Essentially with any of those measures the goal is to make it uncomfortable and less likely to go fast. The secondary goal would be to make it less of an attractive route, but they are more effective at reducing speeds within the area of influence.

Dixon: Would a traffic circle be considered a diverter?

Collins: It is a type of diverter. One of the recent developments (treatments) now being used in the U.S. is the mini roundabout that is considered a neighborhood traffic calming device. The radius is smaller. The center median has to be mountable to allow fire trucks and other apparatus to drive over the center piece. The idea is the mini roundabouts fit within the typical right of way of an intersection so you can fit them in and they create that diversion (or slowing of speeds) without having to impact people’s property.

Dixon: Suggested the location of River Hill and Cedar Ridge for some type of diverter because it’s not directly at someone’s front entry way and it’s more in an open area. He questioned if the mini roundabouts would be one of the recommendations offered for consideration?

Collins: One of the things we talked about is going back to the neighborhood with a list of options to gauge the relative support of the Type 2 measures and based on that response, then go back and see if there is sufficient support for the preferred option.

Dixon: Agreed with that approach and requested that if the mini roundabouts will be offered as an option, to provide photographs so the residents can see what it looks like, or give them a location where the can go and see it to visualize it, regardless of whether or not it’s in Flower Mound.

Mayor Hayden commented I am sure there is some type of discretion that the department uses in handing out citations. He asked Police Chief Brooker, how do you determine whether or not to give out a warning or an actual citation for speeding or otherwise? Page 10 of 111

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Chief Brooker responded normally it is at the officer’s discretion as to whether or not they issue a warning or citation. I am hesitant to invoke some type of zero tolerance measure because the fairness issues can always be extenuating circumstances involved in traffic violations. At this particular location the traffic officers got together and discussed the criteria in which they will issue a citation. The only time they might invoke some type of zero tolerance is within school zones.

Hayden: so if the Council wanted to do what Mr. Collins was suggesting in the way of gauging the neighborhood and going to Type 2 measures, what is needed from Council?

Springer: Staff would need the direction from Council and at that point would initiate contact with the neighborhood HOA and start that process again. It would probably come back through the Transportation Commission with a recommendation for Council.

Councilmember Webb commented it would be interesting to see where along that stretch of road you had the highest level of citations or warnings issued because perhaps on the eastern edge of it where it’s wide open to the north side, and depending on where the propensity to speed is and location on that road, that might dictate what type of calming tools you might want to use.

There was consensus of Council to contact residents within the area to determine support of any road changes. It was agreed to have direct contact with the residents and not to completely channel information through the homeowners association, however continue to use them as an informational resource.

Dixon: In this or other similar situations, how has the staff communicated with the residents of a neighborhood?

Collins: The policy is set up to deal with a point of contact. In this situation the plan is to send letters to all of the residents to gauge feedback on general support for the different measures to understand which of the measures they are in support of so staff could then evaluate a hierarchy as to which ones would work best compared to the neighborhood support.

Dixon: That is the method I think is best – direct contact with the residents. There are two streets (Blue Wood & another one). Blue Wood typically does not use River Hill for ingress or egress so there are roughly 20% of the neighbors that this may not directly affect. One of the pieces of information staff provided to Council was that when this development was put in (early 90’s) it probably is not up to our current standards and wouldn’t make it today. He pointed out that within the traffic study it stated the top speed was in the 70s both ways (up and down hill) so there is definitely an issue. He indicated it’s his recommendation to get this going as soon as possible because it’s been an issue for many years.

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Levenick: Disagreed with not including the residents on Blue Wood Trail and River Bend and stated 100% of the people that live in River Oaks Estates needs to be included in the notification.

Dixon: Clarified that everyone should be included, but if you don’t get responses back from some people it’s because they don’t think it affects them. He clarified he was not implying to send notices to just some people in the neighborhood.

Stephenson: A couple weeks ago Council members received an email from a concerned resident about code enforcement and asking when we were going to bring forward the amendments that staff talked about last summer. We did receive a summary of amendments that might be coming forward, however, no date as to when those would be coming forward to Council.

Springer: That is scheduled for the Work Session in January. There were 2-3 items in need of further clarification prior to bringing forward an Ordinance amendment. Once that clarification is received an Ordinance will be forthcoming on the Council Agenda. K. CONSENT ITEMS

Councilmember Dixon made a motion to approve by consent Items 1 – 11. Councilmember Webb seconded the motion. Each item, as approved by consent, is restated below along with the approved recommendation, and if applicable, the Ordinance or Resolution caption for each, for the record.

1. Consider approval of the minutes from a regular meeting of the Town Council held on December 3, 2012. RECOMMENDATION: Move to approve 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. RECOMMENDATION: 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.

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. Page 12 of 111

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RECOMMENDATION: 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.

ORDINANCE NO. 66-12

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.

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. RECOMMENDATION: 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.

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. RECOMMENDATION: 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.

ORDINANCE NO. 67-12

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. Page 13 of 111

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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. RECOMMENDATION: 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. RESOLUTION NO. 21-12

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.

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. RECOMMENDATION: 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.

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. RECOMMENDATION: 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.

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. RECOMMENDATION: Move to approve the agreement between the Treasury Law Page 14 of 111

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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. RECOMMENDATION: 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.

11. Consider approval of the Competitive Sealed Proposal method to select a firm to construct the Operations and Maintenance Facility. RECOMMENDATION: Move to approve the Competitive Sealed Proposal method to select a firm to construct the Operations and Maintenance Facility. VOTE ON MOTION

AYES: Webb, Levenick, Stephenson, Dixon, Wise. NAYS: None.

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.) Staff Presentation

Mr. Powell provided a presentation identifying or noting:  The location of the site (behind Tom Thumb near Morriss and FM 407)  Various photographs of site  Development plan, noting it will tie in with Waterford Park Estates – Phase III

Mayor Pro Tem Stephenson asked if there had been any major zoning changes since it was approved.

Powell: No.

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Hayden: What are the lot sizes?

Powell: 10,000 square feet.

Hayden: And is that similar to its neighbors?

Powell: Yes, and it does complement the existing neighborhood.

Applicant Presentation

Chas Fitzgerald, Wilbow Corporation, 4331 North Central Expressway, Dallas, Tx Mr. Fitzgerald provided a presentation identifying or noting:  It was a complicated project in converting formerly zoned office and commercial land behind the Tom Thumb to residential  They worked with the neighbors to the west and south along the way and they both supported the zoning  This is extremely consistent with the concept plan approved  Open space areas within the site  Joint maintenance agreements underway  Perimeter walls and access gates  Kids R Kids is going through the site plan process for the frontage piece on FM 407  Landscape plantings and monument plantings will be similar to Waterford Park  Storm water detention pond (which will be a dry detention for storm events) and will include landscaping with a rock shore line and trail amenity  Landscaping buffer strip is being added on the west side adjacent to Country Meadow that augments the existing hike and bike trail  Tree preservation buffer to be added on the common property line and two additional trees will be added in two backyards  Concept to introduce stop signs to discourage cut through traffic

Hayden: Do you have a home builder identified?

Fitzgerald: We are under contract with American Legend Homes.

Webb: At P & Z last week there was some discussion regarding traffic calming. We have a fairly long street and we’re looking at coming in later and addressing speeding issues. I was pleased to hear you speak proactively to address that prior to the houses going in because there is a need to break up the straight away in some manner. In looking at the 3-way stop sign on the map, for the 3-way intersection - is that one that you need some assistance on or will you include it with the development plan?

Fitzgerald: I don’t have the right to install signage unless I’m directed by the City Engineer who would approve the location.

Webb: Confirmed that will be something engineering takes a look at with next steps. Page 16 of 111

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Stephenson: Commented being happy to see there is a pedestrian walkway to the Tom Thumb as in many cases there is a desire for the developer to come in and build a wall, so she offered thanks for them making it a sidewalk.

Councilmember Dixon moved to approve a request for a Development Plan (DP 05- 12 - Waterford Park Estates Phase III) to develop a residential subdivision. Mayor Pro Tem Stephenson seconded the motion.

VOTE ON THE MOTION

AYES: Wise, Dixon, Stephenson, Levenick, Webb. NAYS: None.

13. 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.) Staff Presentation

Mr. Powell provided a presentation indicating or noting:  Map of Independent School Districts serving Flower Mound (4)  Background information related to: . the reasoning for the initial adoption of the school capacity element within SMARTGrowth due to the high rate of residential growth approximately ten years ago . the school has a state mandated responsibility to educate students within their districts . reasoning for considering the amendment, which includes the Town’s inability to control school districts or boundaries  Recommendation from the SMARTGrowth Commission and Planning and Zoning Commission: . To amend instead of delete the section to formalize a process in that the Town would give information to the school districts to make sure that they knew of upcoming developments and could react accordingly . He pointed out the purpose of the Draft Ordinance and noted it is different from what was discussed at the Planning and Zoning Commission and reflects their intent.

See below for slides presented by Mr. Powell regarding background, recommendation, and draft ordinance: Page 17 of 111

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 To date, no comments or feedback has been received regarding this item.

Webb: In the Ordinance language itself it states the purpose of this criterion is to ensure that adequate Town facilities and infrastructure exists. What Town facilities are we talking about? Is it really Town facilities or ISD facilities?

Powell: Town facilities such as water, sewer, and roadways.

Webb: All of those items are already captured within other elements of SMARTGrowth and not subject to discussion or change tonight, correct?

Powell: The idea is that if the school district does need to do something (i.e. build a building or expand their facilities) the Town would do everything we can to make sure that there were driveways, roadways, or infrastructure to serve that new expansion. Public infrastructure is part of SMARTGrowth too as it relates to the impact of a development on the Town’s system. This is specific as it relates to the school district doing something to increase capacity or change capacity.

Webb: Offered thanks for the clarification. He noted Planning & Zoning didn’t get a whole lot of information from the Town as they were hearing this. One of the simple questions they worked really hard at getting a hold of was the “why.” They answered the “why” questions only through their deliberations and asking some questions. I wished they had an opportunity to see the presentation tonight because it would have eased some of the concern on both sides of the vote.

Stephenson: Asked the Town Attorney to provide some background as to how this got in there and why we are seeking to change it at this point in time.

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Mr. Welch responded that 10-12 years ago when the Town was developing rather quickly we had people coming to Council meetings complaining that their kids were in portable buildings, and they spent their entire school day in portable buildings. That was one of the issues expressed at that time. Since that time the school districts have assured the Town they have capacity to meet this and the major district would be LISD and there is capacity for school age children in the Town. If there was any tweaking that was needed in the Town it would be the responsibility of the school district and not something the Town can control. He gave the example of Canyon Falls and noted that under SMARTGrowth it would fail because there are no schools there currently. He commented if it’s not addressed it could be an impediment down the line and there could perhaps be some negative legal implications for the Town with the school districts stating they do indeed have capacity.

Webb: Based on P & Z Monday night, down the line is now. Isn’t there an application with the Town now that is being held up for 35 lots and the potential of 7 additional students at one school over the next 3 or 4 years?

Welch: There is one development that has had some issues and the school district has assured the Town that there would be adequate capacity.

Webb: For the commissioners, that was a good real world example that is here now.

Hayden: Were state highways previously part of the SMARTGrowth criteria and later removed by Council?

Welch: Estimated that component was removed in 2002 and it was similar in a lot of ways. It related to funding for certain state arterials and intersections. If there was funding approved by TxDOT in the current fiscal year or the next fiscal year, or a contract had been let for a construction of a roadway, then it would pass SMARTGrowth. If that had not occurred it would fail SMARTGrowth. What we found out after going through the process for a few years is that there is vagueness with TxDOT funding. Sometimes there might be a contract, however, issues with funding. That is different from the schools in the sense that we have contact with the local school officials. Having those same discussions with TxDOT related to funding through Austin is a more detailed process. What we found is that in many cases the transportation links would be okay, however, because of funding issues with TxDOT, it would fail SMARTGrowth, so that was removed from SMARTGrowth about 10 years ago.

Hayden: I bring that up because in the SMARTGrowth manual it is one of the items the Town uses to apply SMARTGrowth to and it’s beyond the Town’s capacity to control.

Webb: My understanding is that every other component of SMARTGrowth either the Town or developer can control (i.e. Police, increased capacity for water and sewer). In this case building more schools is not a choice that the Town or Page 20 of 111

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developer can make. The school district makes those choices. There needs to be frequent and open communication with the school districts when the Town has large scale projects coming forward.

Mayor Hayden opened the Public Hearing at 7:45 p.m.

Public Participation

Connie Smith, 2700 Pecan Leaf Ln, Flower Mound, TX

Ms. Smith questioned how the need for schools will be conveyed to the developer.

Mayor Hayden closed the Public Hearing at 7:46 p.m.

Mr. Powell responded to the question related to notification to the developers regarding the need for schools in that they would be informed of any changes in the master plan or developments that would have a significant impact on the schools. He gave the example of Canyon Falls as to what normally happens. In that situation they have set aside land for a school to accommodate the residents of that development as they knew no one would move there without a place for their children to be educated. There is a desire on behalf of the developer to have good and adequate schools nearby. The normal course of business is that a large scale development triggers a discussion with the school district. Sometimes it is in the best interest of the developer to work with the school district by setting aside land and sometimes it’s a contractual arrangement where the school district purchases property.

Stephenson: I have had conversations with the school district demographer and their main interest is wanting to know from the Town what is coming because out to the west they have school sites available. They simply need the lead time to issue the bonds to build the schools. So what they need to know from the Town is what is coming. Comments have been made from school district representatives that “if we built a school every time we thought Flower Mound was going to build something big we would have a lot of empty school buildings.” They have the planning ability on their side, they simply need to know what is coming forward from Flower Mound and Doug has been working with them consistently to give them that information.

Hayden: Read the criteria within the SMARTGrowth manual related to school capacity (Section 3, b - public schools). He pointed out the legal concerns in the situation where a development was to be proposed and be denied because they were told ISD cannot educate children, the Town could be liable. By changing this we are giving ISD notification that in the future there will be notification of additional students so they can fulfill their mission and state mandate. The changes being proposed tonight gives ISD the opportunity to maneuver to fulfill their mandate without putting the Town on a negative legal footing and it wouldn’t contradict with ISDs mandate. Again, we are not deleting the ISD part from the equation; it’s just a change to not conflict with the ISD mandate. Page 21 of 111

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Dixon: The key component in all of this is communication. The first sentence in the draft ordinance addresses that. If the Town gets a residential application in, now, by Ordinance, it is going to be a requirement to have communication with the independent school districts. That is a key component that strengthens and puts actual words that we are supposed to follow into action. He offered appreciation to the Planning & Zoning and SMARTGrowth Commissions for making that recommendation. I followed up with staff last week on this and of course staff does communicate with LISD on development applications, however, this puts it in writing in the way of a policy and procedure to follow. Some of the concerns expressed by commissioners are that the school districts are at risk about being caught unaware. To follow up with some of the other comments, we have had over the last several years certain things in SMARTGrowth that has drawn attention or has become apparent where we need to do certain things in Town for the betterment of the residents, such as priority one calls from the Police Department. There was a time in the past where we were getting very close to our threshold on priority one responses from the police department and developments were coming close to being jeopardized because they wouldn’t pass SMARTGrowth. Due to those concerns at that time proactive measures were put in place with the addition of a police beat. The attention SMARTGrowth draws is a good thing to make sure staff, council, and in this case another governing body, is aware of the need. It’s important another governing body is aware of the need and thankful there is direction for staff to follow to meet the ordinance and communicate with the school district to make sure a quality education is achieved and the facilities are available.

Councilmember Dixon moved to approve a request to amend the Land Development Regulations (LDR 08-12) by amending Section 98-122 of the Town's SMARTGrowth Program "Public Schools," relative to the Town’s evaluation of the adequate public facilities requirement of the Town’s SMARTGrowth Program, and further considering corresponding amendment to the SMARTGrowth implementation manual relative to the public schools component in said manual and adopt an ordinance providing for said amendment. Councilmember Webb seconded the motion.

ORDINANCE NO. 68-12

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.

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VOTE ON THE MOTION

AYES: Webb, Levenick, Stephenson, Dixon, Wise. NAYS: None.

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. Staff Presentation

Mr. Collins gave a presentation identifying or noting:  Project summary o Will build wastewater segments stretching from FM 2499 to Morriss and from Buckthorn Ct. to FM 1171 (included a location map) o Constitutes 3800 linear feet of 27” wastewater line o Constitutes 230 linear feet of 33” wastewater line  Bid summary

Hayden: When you put something out for the low bid, and you have 10 bidders, how do you ensure that they are meeting the minimum quality standards that the Town may have?

Collins: Bidding laws need to be met, references are checked to identify how they performed in other cities, and state standings are checked.

Hayden: Asked for clarification if it’s possible that even though someone might come in at the low bid, the Town might opt for another bidder?

Collins: They wouldn’t be considered responsible bidders if they didn’t pass that test and we have gone to the second and third lowest bidder on past bids because of that, or if a contractor was not in good standings with the state.

Deputy Mayor Pro Tem Wise moved 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. Councilmember Levenick seconded the motion.

VOTE ON THE MOTION

AYES: Wise, Dixon, Stephenson, Levenick, Webb. NAYS: None.

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. Page 23 of 111

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Staff Presentation

Mr. Matt Woods provided a presentation identifying or noting:

 Background information related to monthly air sampling and noting the item is to continue the air sampling that was initiated in 2010  Sampling locations (demonstrated on a map)  Purpose of professional services agreement, which includes sampling as well as reports for the 9 locations.

Hayden: Asked Mr. Woods to provide a brief update as to what the findings have been over the course of the last year in the way of air sampling. Also, he recollected that there were some past issues with access to locations because of the leases and asked if there had been any issues since.

Woods: As far as access, it has not been a problem this past year. There was one issue in the past for one of the pad sites regarding gaining access to monitor and sample production fluids, as well as additional monitoring of the pad site, but for 2012 we have not had any issues with accessing pad sites.

Kenneth S. Tramm, Modern Geosciences, LLC, 1904 Industrial Blvd., Suite 107, Colleyville, TX 76034

Dr. Tramm responded to the inquiry as to if they have seen any impact to the air quality, noting that the Town is unique in that it monitors its air shed. The simple answer is no significant impact has been seen. The more detailed answer is we can actually see occurrences where there are up ticks, which we see more in the summer time where there are hotter temperatures so things are more volatile. They are very slight but it’s what we look for to know what we are monitoring is the correct thing. For example, when we do inspections for other cities it’s the very clues that we see that gives us an indication if there is a problem in a particular direction. What I see is that you have things operating how they are supposed to operate but not malfunctioning. For example, we’ll find methane often when we get closer to the major compressor station location because the equipment is meant to bleed off. Something that is unique to your Town, because you have a higher resolution of data as compared to other towns, is we actually had a short term exceedance of an odor threshold for isoprene. The cause of that was due to trees as it’s a compound when trees are under stress and we often see higher concentrations in the rural part of Town as opposed to where the pad sites are. It’s noted in the report, however, it’s simply interesting. The take home is that I like to see impact so I know the system of monitoring is working so it means what you are doing is you are seeing a low impact. Unfortunately, all equipment doesn’t last forever and many of the operators you have today are doing exactly what they need to do, but unfortunately, as the profitability on the pad site lowers, we have seen the equipment not be replaced as frequently as it needs to and so if those should start to have a problem we may actually see those clues early. Then your inspector can prioritize a visit to a certain site, find what the cause is, and address it. Page 24 of 111

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Hayden: Have you seen any spikes that have been at a dangerous level that would be considered hazardous to humans.

Tramm: No, not at all.

Webb: How much is the Town receiving in fees from gas operations?

Woods: Per the Ordinance fee assessment (Appendix A) it is $4,250 per well and we currently have 56 wells that are drilled and in production, equating to $238,000. We have some permanent wells that are drilled, however, not in production.

Webb: So between this contract and the rest of what we are collecting it is about $100,000?

Woods: Approximately.

Webb: Is it fair to say that the oil and gas operations within the Town of Flower Mound are carrying most of their own weight for expenses incurred by the Town?

Woods: Yes, they are covering the majority of the cost associated with the oil and gas inspection program.

Webb: If they are not I would like for Council to hear that during the budget cycle because I believe that oil and gas operators should carry their weight. I don’t believe citizens should have to carry the weight for those functions.

Dixon: Asked Dr. Tramm to clarify that the one exceedance mentioned was not oil and gas related – it was the trees.

Tramm: Yes, that is correct.

Hayden: We do post the results on line, correct?

Woods: Beginning in 2010 each report is posted on the air quality page within the oil and gas page.

Councilmember Levenick moved 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. Mayor Pro Tem Stephenson seconded the motion.

VOTE ON THE MOTION

AYES: Webb, Levenick, Stephenson, Dixon, Wise. NAYS: None.

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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. Staff Presentation

Mr. Springer provided a presentation identifying or noting:  The process for obtaining the bids  The bid is a reduction of $15,000 compared to previous years

Hayden: What municipal grounds does this pertain to?

Springer: This is for all of the grounds withTown facilities that have structures on them, including Town Hall, Fire Stations, however, not park facilities.

Hayden: So this doesn’t include supplies such as plants – it’s just labor?

Springer: There are some additional services that could be added to include replanting and shrubbery work. It also includes some inspection and repair of sprinkler systems at some of the facilities and we have set prices in the event we want to make some landscaping additions. This contract is overseen by the facilities division versus the parks division.

Councilmember Webb moved 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. Councilmember Dixon seconded the motion.

VOTE ON THE MOTION

AYES: Wise, Dixon, Stephenson, Levenick, Webb. NAYS: None.

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. Staff Presentation

Mr. Kent Collins gave a presentation identifying or noting:  Item summary noting the adjusted contract value is $15,406,514.82 and the acceptance of the final payment would be $823,423.79, resulting in a remaining budget of $249,750.79

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Councilmember Levenick asked if it is normal on a project like this to have this many change orders (i.e. we’re at change order number 17).

Collins: No, it is not typical of one of our projects.

Levenick: So this is the final payment. After this Morriss/Gerault Road (Phase I) is completely done – there is nothing else (no more construction, no more payments)?

Collins: Yes, that is correct – for Phase I.

Levenick: For the 15.4 million dollars can you give me an idea how much was Denton County money, 121 funds, and how much was Town funds?

Collins: The funding sources for the entire budget for Phase one: Regional Toll Revenue (RTR) - $14,552,499.00 TRIP 08 - $5,500,000.00 Impact Fees - $123,751.00 Escrow - $123,750.00

Hayden: Asked if it’s not unusual to redistribute funds as they come in to be able to do other projects.

Collins: Its strategies used on any project to use the available sources.

Stephenson: Can you talk about phase two of Morriss Road and when that might come forward and what funding sources would be available.

Collins: The Resolution states that phase two would not begin until needed per SMARTGrowth and not before 2019.

Stephenson: Even if we had SMARTGrowth issues on Morriss Road before 2019 are you saying that we can’t….

Hayden: No, I recollected that we took the date out.

Collins: The original resolution didn’t have a date, the first amendment put it at January 1, 2020, and it was realized that was too far out because we have 10 years to spend the RTR funds, but then the amendment to the resolution stated specifically that phase two would proceed when needed per SMARTGrowth but no sooner than January 1, 2019.

Stephenson: In these types of projects there usually is a final accounting process that you go through when you close out the contract. Can you talk about what the staff went through to do a final close out on the contract?

Collins: We tract the budget continuously throughout the project. For the construction side of the project we have inspectors that are out walking and checking every quantity that is in place in the field and checking that against the Page 27 of 111

FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 17, 2012 BOOK 41 PAGE 26

bid quantities, totaling those, and then at the end we make sure that the primary contractor has paid all of his bills to his subcontractors (we get an affidavit of bills paid). We get all the documentation needed to make sure they have met all of their contractual obligations and we’re not going to get hit with a claim from a subcontractor. So we go through all of that paperwork, make sure everything is squared away and again, go back against the bid quantities and ensure all of the quantities are actually in place and then bring it back to the council for final acceptance. On a financial side, these projects get audited on an annual basis. Because RTR funds were used the Town has to submit monthly financial statements to COG. They set up a process so it’s transparent.

Stephenson: When you come forward with the change order and we have a new addition for mulch or plantings, can you let us know what is the process you go through to make sure we are getting the best price and it’s not just being used as a way to pad the contract that was bid low to begin with.

Collins: The first thing we do is to try and use bid quantities so they are competitively bid. If it’s a new item outside of the original scope we will go to the contractor letting him know we need a price for “x” at “x” quantity. They will usually reply back. In the meantime we will look at other projects where we have bid quantities so we have that as a baseline for a unit cost. We will also go to our consultants in specialty item situations asking them if this is in line with the cost you have seen on your projects. We will do as much research as we can and then we’ll negotiate back and forth with the contractors to get the prices at least in line with the industry so we’re not overpaying for those items.

Levenick: In our background information it references bid no. 20-10-B for the construction of the Morriss/Gerault improvement Phase I project was award to Tiseo Paving Company on March 1, 2010 in the amount of $14, 011,110.29, and you just told us the final cost of phase one was $15.4 million. Then we’re actually over our original bid by $1.2 million dollars?

Collins: Yes, so what has happened through the change orders, the contract costs has gone up and so what we are reflecting is a reduction from the contract as it stands today so after you take action it will reduce by $250,000. So the contract has increased throughout the project.

Levenick: I don’t know if I specifically agree with just the cost of construction has gone up. There were a lot of changes made after the original contract was done. Giant parts were taken out of it and many things were changed. Some parts I agree with and some I do not. What’s done is done. It looks great – at least parts of it do. I don’t know if we can wait until 2019 for phase II to start.

Hayden: It is a Resolution and if the residents on Morriss Road come forward with traffic complaints, Council can change that.

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FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 17, 2012 BOOK 41 PAGE 27

Councilmember Webb moved 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. Deputy Mayor Pro Tem Wise seconded the motion.

VOTE ON THE MOTION

AYES: Webb, Levenick, Dixon, Wise. NAYS: Stephenson

M. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS

1. Set Town Council Special meeting date for January 2013

There was consensus by Council to set the special meeting date for January 22, 2013 due to the cancellation of the January 21st regularly scheduled meeting in conjunction with the Martin Luther King, Jr. Holiday.

2. Discuss possible dates for Strategic Planning Session

There was consensus by Council to set the dates of February 1 and 2 for the semi-annual strategic planning session.

N./O. CLOSED/OPEN MEETING

The Town Council convened into a closed meeting at 8:42 p.m. on December, 17, 2012, 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, and reconvened into an open meeting at 8:42 p.m. on December 17, 2012, to take action on the items as follows:

a. Discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto.

No action taken.

b. Discuss and consider economic development incentives.

No action taken.

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FLOWER MOUND TOWN COUNCIL MEETING OF DECEMBER 17, 2012 BOOK 41 PAGE 28

No action taken.

d. Discuss and consider Presiding Judge, Alternate Judge, and addition of second Alternate Judge position.

No action taken.

e. Consultation with Town Attorney regarding legal issues relative to franchise agreement with utility provider and contract utilities.

No action taken.

P. ADJOURN REGULAR MEETING

Mayor Hayden adjourned the meeting at 10:46 p.m. on Monday, December 17, 2012, and all were in favor.

TOWN OF FLOWER MOUND, TEXAS

______THOMAS E. HAYDEN, MAYOR

ATTEST:

______THERESA SCOTT, TOWN SECRETARY

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TOWN COUNCIL MEETING AGENDA ITEM NO: 2 January 7, 2013

[X] CONSENT ITEM [ ] 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 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.

[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction

I. SUMMARY:

The Professional Services Agreement for the Upper Timber Creek Interceptor Phase I (FM2499 – Morriss Rd. and Buckthorn Ct. – FM 1171) project, sets forth the testing services, schedule, and basis of compensation for the not-to- exceed amount of $32,030.00, between Kleinfelder Central, Inc., and the Town. Kleinfelder Central, Inc. is on the current list of firms for geotechnical services with the Town, until April 18, 2013.

II. BACKGROUND INFORMATION:

The Town of Flower Mound’s 2009 Wastewater Master Plan calls for upsizing the existing Upper Timber Interceptor 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 (FM2499 – Morriss Rd. and Buckthorn Ct. – FM 1171) project. The amount for the professional engineering services was $174,700.00.

On December 17, 2012, construction was awarded for the Upper Timber Creek Interceptor Phase I (FM2499 – Morriss Rd. and Buckthorn Ct. – FM 1171) project. The project provides for the construction of approximately 3,800 linear Page 31 of 111

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.

III. FISCAL IMPACT:

Proposed Expenditure: $32,030.00

Proposed Funding: Account No./Description Amount 630-970-98730 $32,030.00

Sufficient funds are available in these accounts to make this expenditure. These projects are included in the Capital Improvement Program plan and, upon approval of this item, will have $1,317,026.07 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 attached 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 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 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 KLEINFELDER CENTRAL, 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 Mayor or his designee, and KLEINFELDER CENTRAL, INC., (“hereinafter referred to as “CONSULTANT”) whose address is 7805 Mesquite Bend, Suite 100, Irving, Texas 75063.

W I T N E S S E T H :

WHEREAS, TOWN desires to obtain professional services from CONSULTANT relative to construction materials testing for the Upper Timber Creek Interceptor Phase I (FM2499 – Morriss Rd. and Buckthorn Ct. – FM1171) project; and

WHEREAS, CONSULTANT is an architectural, engineering, professional planning, urban design, or landscape architecture 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.

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II. Scope of Services

CONSULTANT shall perform such services as are necessary to provide construction materials testing and/or observation services, specifically including, but not necessarily limited to, the tasks enumerated more fully in Attachment “A” hereto entitled “Scope of Services” (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 Thirty Two Thousand Thirty and 00/100 Dollars ($32,030.00). This total payment for services includes CONSULTANT’s ordinary expenses. Additional expenses, which are extraordinary in nature, shall be approved in advance by TOWN in writing signed by the parties. Such extraordinary expenses may be paid as incurred and billed to the TOWN pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing, in advance, by the TOWN shall remain the sole responsibility of the CONSULTANT.

CONSULTANT will bill TOWN on a time and material basis in accordance with Attachment “A”. 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 percentage complete for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, 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 Page 34 of 111

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 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.

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 Page 35 of 111

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

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

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d. Personal Injury

e. Broad Form Property Damage

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. Page 37 of 111

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.

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. Certificates shall reference the Project and be addressed as follows:

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Town of Flower Mound c/o Ebix BPO Department 97 PO Box 257 Portland, MI 48875-0257 Fax: 517-647-7900 Email: [email protected]

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 subcontractor 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; nor shall such acceptance be deemed an assumption of responsibility by TOWN for any defect in the designs, Page 39 of 111

working drawings, specifications, or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by TOWN for any defect 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 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, 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, Page 40 of 111

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

(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.

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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 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:

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Robert Pegg, P.E. – Senior Project Engineer Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 972-874-6310 Telephone

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:

Chula B. Ellepola, P.E. Kleinfelder Central, Inc. 7805 Mesquite Bend, Suite 100 Irving, TX 75063 972-868-5900 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.

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 Page 43 of 111

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 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.

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.

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IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date first above written.

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, Town of Flower Mound, Texas, on behalf of the Town of Flower Mound, Texas. ______Notary Public, State of Texas

My Commission Expires:

______

CONSULTANT: KLEINFELDER CENTRAL, INC.

By: ______Name: ______Title: ______Date Signed: ______Page 45 of 111

State of Texas § § County of ______§

This instrument was acknowledged before me on the ______day of ______, 20_____, by ______in his capacity as ______of ______, a ______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 ______.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20_____.

______Notary Public, State of Texas

My Commission Expires:

______Page 46 of 111

December 19, 2012 Proposal No.: 130869

Town of Flower Mound Engineering Services 1001 Cross Timbers, Suite 2330 Flower Mound, Texas 75028 Attention: Mr. Robert Pegg, P.E., Senior Engineer

Subject: Construction Materials Testing Proposal Upper Timber Creek Interceptor Flower Mound, Texas

Dear Mr. Pegg:

As you requested, Kleinfelder is pleased to submit this proposal for construction materials testing and/or observation services for the referenced project. The project consists of installing 3900 linear feet of 27-inch diameter, and 520 lineal feet of 33-inch diameter, wastewater utility lines under existing paved streets and sidewalks. Consequently, the demolition of existing structures and the reconstruction of sidewalks and paved streets will be required for this project along Long Prairie Road and Morriss Road located in Flower Mound, Texas.

PROJECT INFORMATION

Based on our review of the project plans and specifications prepared by Kimley-Horn and Associates, dated October 30, 2012 we understand that the project will consist of the following:

 Wastewater utility lines Installation  Backfilling utility trenches  Utility support foundation  Replacing concrete sidewalks and pavements

7805 Mesquite Bend Drive, Suite 100, Irving, TX 75063 p | 972.868.5900 f | 972.409.0008 Page 47 of 111

SCOPE OF SERVICES

The following scope of services is based, in part, on project plan and specification requirements, and is limited to providing testing and/or observations for the previously mentioned construction activities.

As such, we agree to provide a technician to provide the construction materials services on a call out basis as follows:

We plan to send your designated point of contact an e-mail notification late in the afternoon on the day prior to requested services listing the schedule and services for the following day.

Earthwork

 Obtain and perform laboratory moisture/density relations (standard proctor- ASTM D698) and soil classification tests (liquid limit, plastic limit and percent finer than no. 200 sieve analysis) for each soil type visually observed;  Perform in-place moisture/density tests in accordance with NCTCOG specifications for utility backfill.

Drilled Shaft Observation

Excavation observation of the drilled shafts, which will include:

 Record diameter of the drilled shaft  Record top elevation of the pier (information obtained from plans)  Record depth to the bearing stratum  Record penetration depth of the bearing stratum  Record if casing was used  Record if plumbness is within specification tolerance  Record reinforcing steel cage length, horizontal and vertical bar quantity and size  Record condition of drilled shaft excavation before concrete placement

Cast-In-Place Concrete

Perform testing during concrete placements, which will include:

 Ambient and concrete temperature determinations;  Entrained air content determination;  Slump determination;

KLEINFELDER 7805 Mesquite Bend Drive, Suite 100, Irving, TX 75063 p | 972.868.5900 f | 972.409.0008 Page 48 of 111

 Cast 4-inch by 8-inch concrete test cylinders at the rate one set of 5 cylinders for every 50 cubic yards of concrete or fraction thereof placed per day;  Compressive strength determination of concrete test cylinders with one tested at 7-days and two tested at 28-days of cure. The remaining cylinder will serve as a “hold” specimen in the event that additional testing is required or if the 28-day design strength is not met.

We do request that your construction representative provide us with a 24-hour notice for scheduling purposes.

COMPENSATION, TERMS AND CONDITIONS AND BASIS OF CHARGES

Our fees proposed for performing the referred services are shown in the attached fee schedule. We plan to execute our services in accordance with the Town of Flower Mound’s project specific, Professional Services Agreement (PSA). The schedule of fees will be valid through May 31, 2013. An updated fee schedule may take effect thereafter. However, we will not change the unit fees once the project is started.

* * *

We appreciate the opportunity to provide you with this proposal, and look forward to working with you on this project. If you have any questions or wish to discuss, please contact us at (972) 868-5900.

Sincerely,

KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firm F-5592

Mickey Lawson Chula Ellepola P.E. Project Manager Client Account Manager

Attachment: Fee Schedule

KLEINFELDER 7805 Mesquite Bend Drive, Suite 100, Irving, TX 75063 p | 972.868.5900 f | 972.409.0008 Page 49 of 111

Upper Timber Creek Interceptor Flower Mound, Texas Proposal 130869

Invoice Est. Unit Estimated Activity Name* Units Fee Cost Compaction Testing of Fill Materials, Subgrade, and Base Engineering Technician, per hour (2-hr. min.) Soil Services 224 hrs$ 49.00 $ 10,976.00 Standard Proctor, 4" Mold, each Standard Proctor, 4" 10 ea $ 242.00 $ 2,420.00 Atterberg Limits, One Point Atterberg Limits, One-Pt. 10 ea$ 79.00 $ 790.00 Sieve Analysis, -200 Wash, each Sieve Analysis, -200 10 ea$ 78.00 $ 780.00 In-Place Nuclear Density Tests, each (min. 3 per trip) Nuclear Gauge Test 200 ea$ 26.00 $ 5,200.00 Vehicle Charge, each (per trip) Vehicle Charge/Trip 56 trips$ 50.00 $ 2,800.00 Subtotal $ 22,966.00 Foundation Observation Engineering Technician, per hour (2-hr. min.) Foundation Services 8 hrs$ 49.00 $ 392.00 Concrete Compression testing Concrete Compression 8 ea$ 21.00 $ 168.00 Sample Pick-Up/Delivery, per hour (2-hr. min) Sample Pick-Up/Delivery 2 hrs$ 49.00 $ 98.00 Vehicle Charge, each (per trip) Vehicle Charge/Trip 2 trips$ 50.00 $ 100.00 Subtotal $ 758.00 Concrete Testing Engineering Technician, per hour (2-hr. min.) Concrete Services 30 hrs$ 49.00 $ 1,470.00 Sample Pick-Up/Delivery, per hour (2-hr. min) Sample Pick-Up/Delivery 4 hrs$ 49.00 $ 196.00 Concrete Compression, each Concrete Compression 60 ea$ 21.00 $ 1,260.00 Vehicle Charge, each (per trip) Vehicle Charge/Trip 12 trips$ 50.00 $ 600.00 Subtotal $ 3,526.00 Project Management / Administration Project Management Project Management 20 hrs $ 137.00 $ 2,740.00 Senior Technician/Dispatcher Field Coordination/Sched 16 hrs$ 75.00 $ 1,200.00 Administration Administration 15 hrs$ 56.00 $ 840.00 Subtotal $ 4,780.00 TOTAL ESTIMATED COST: $ 32,030.00 TOTAL RECOMMENDED BUDGET: $ 32,030.00

TOWN COUNCIL MEETING AGENDA ITEM NO: 3 January 7, 2013

[ X ] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM

FROM: Matthew J. Hotelling, P.E., PTOE, Traffic 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 Bid No. 61-12-B, for the Old Settlers at Sagebrush traffic signal project, amending the contract with Roadway Solutions, Inc., for a decrease in the amount of $17,083.80; acceptance of the project; authorization of final payment to Roadway Solutions Inc., in the amount of $8,456.92; and authorization for the Mayor to execute same on behalf of the Town.

[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction

I. SUMMARY:

The installation of the permanent traffic signal at the intersection of Old Settlers at Sagebrush is complete and the traffic signal is operational. Change Order No. 1, for a decrease in the amount of $17,083.80, provides for the final adjustment of in-place quantities. Final payment of $8,546.92 consists of $567.00 of work completed and $7,979.92 of retainage, for a final contract value of $80,366.20.

II. BACKGROUND INFORMATION:

The installation of a permanent traffic signal at the intersection of Old Settlers Road at Sagebrush was included in the five-year Capital Improvement Program. The contract for the traffic signal installation was awarded to Roadway Solutions, Inc., at the May 21, 2012, Town Council meeting for $97,450.00.

Page 51 of 111

III. FISCAL IMPACT:

Proposed Expenditure: $8,546.92

Proposed Funding: Account No./Description Amount 100-690-95200 $8,546.92

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 $20,244.20 remaining out of a total budget of $160,000.00.

Finance Review by: Tammy Wilson, Director of Accounting & Budget

IV. LEGAL REVIEW:

N/A

V. ATTACHMENTS:

1. Change Order No. 1 2. Final Pay Estimate 3. Consent of Surety 4. Affidavit of Bills Paid

VI. RECOMMENDED MOTION OR ACTION:

Move to approve Change Order No. 1 for Bid # 61-12-B, for the Old Settlers at Sagebrush project, amending the contract with Roadway Solutions, Inc., for a decrease in the amount of $17,083.80; acceptance of the project; authorize final payment to Roadway Solutions Inc., in the amount of $8,546.92; and authorize the Mayor to execute same on behalf of the Town. Page 52 of 111

Attachment 1 Page 53 of 111 Page 54 of 111

Attachment 3 Page 55 of 111

Attachment 3 Page 56 of 111

Attachment 4 Page 57 of 111

TOWN COUNCIL MEETING AGENDA ITEM NO: 4 January 7, 2013

[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 a Memorandum of Understanding with the Flower Mound Chamber of Commerce; and authorization for the Mayor to execute same on behalf of the Town.

[ ] Ordinance [ ] Resolution [X] Motion [ ] Direction

I. SUMMARY:

The purpose of this item is for approval of a Memorandum of Understanding (MOU) with the Flower Mound Chamber of Commerce for additional Town funding of Chamber programs.

II. BACKGROUND INFORMATION:

Approved in the FY 2012-2013 budget is $15,000 in additional funding for the Flower Mound Chamber of Commerce. These funds are in addition to the $10,000 diamond-level membership the Town maintains with the Chamber. The Town Council held a work session on October 18, 2012, with the Chamber to determine what programs would be funded with the additional funds. Based upon direction from Town Council, staff has drafted a MOU with the Chamber. The MOU outlines three programs to be funded: Chick-fil-a Leadercast simulcast on May 10, 2013, monthly Mayor/Council 12 at 12 luncheons, and a monthly economic development roundtable. Per the MOU, the Town will provide reimbursement of actual expenses up to $15,000.

III. FISCAL IMPACT:

Proposed Expenditure: $15,000

Proposed Funding: Account No./Description Amount 100-650-57000-5110 $15,000

Sufficient funds are available to make this expenditure. Upon approval of this item the remaining balance in the account will be $15,737. Finance Review by: Chuck Springer, Assistant Town Manager/CFO Page 58 of 111

IV. LEGAL REVIEW:

Terry Welch, of Brown & Hofmeister, L.L.P., has reviewed the MOU as to form and legality.

V. ATTACHMENTS:

1. MOU

VI. RECOMMENDED MOTION OR ACTION:

Move to approve a Memorandum of Understanding with the Flower Mound Chamber of Commerce; and authorize the Mayor to execute same on behalf of the Town.

Page 59 of 111

Attachment 1

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FLOWER MOUND, TEXAS AND THE FLOWER MOUND CHAMBER OF COMMERCE

This Memorandum of Understanding (“MOU”) is entered into this the ______day of

______, 2012, by and between the Town of Flower Mound, Texas (“Town”), and the

Flower Mound Chamber of Commerce (“Chamber”).

WHEREAS, Chamber is a 501(c)(6) tax-exempt entity organized in compliance with

state and federal regulations; and

WHEREAS, the Town is a Home Rule municipal corporation possessing the full power

of local self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section

51.072 of Texas Local Government Code and its Home Rule Charter; and

WHEREAS, both the Town and the Chamber desire to promote a positive business and economic climate in the community; and

WHEREAS, the Town and the Chamber have agreed to partner together to develop and conduct programs for the benefit of the Flower Mound business community; and

WHEREAS, the Chamber has agreed to conduct and assist the Town in implementing programs and activities on behalf of the Town, all of which are in the public interest and serve a public purpose.

NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made and the benefits to each party resulting herefrom, Town and the Chamber do hereby contract, covenant and agree with each other as follows:

1. The Town will provide reimbursement of actual expenses up to, but not to exceed,

Fifteen Thousand and No/100 Dollars ($15,000.00) for the funding of the Services (the “Funding

Amount”) set forth in this MOU.

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FLOWER MOUND, TEXAS AND FLOWER MOUND CHAMBER OF COMMERCE - Page 1 Page 60 of 111

Attachment 1

2. The Chamber, to promote the public purpose of economic development, agrees to undertake the following services on behalf of the Town up to the Funding Amount:

(a) Host the Chick-Fil-A Leadercast simulcast on May 10, 2013;

(b) Hold monthly Mayor/Council “12 @ 12” luncheons; and

(collectively the “Services”).

3. The Town shall have the right to review the activities and financial records kept incident to the Services provided by Chamber pursuant to the funds provided under this MOU. In the event that the Funding Amount has been spent prior to the completion of all of the Services, the Chamber shall not be responsible for completing any subsequent service without agreement from the Town for any necessary additional funding. The Chamber will not charge participants a fee for attending the monthly Mayor/Council 12@12 luncheons and monthly economic development roundtable discussions while the Town is paying for these events under this MOU.

The Town will pay the costs of the Chick-Fil-A Leadercast simulcast and related expenses as provided in this MOU; however, it is understood and agreed that the Chamber intends to charge a fee for participants to attend this event to cover any additional costs, and the Chamber will retain these fees.

4. Chamber assumes all liability and responsibility for its negligent acts and agrees to fully indemnify, hold harmless and defend the Town, and its officers, agents, servants and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, for injury to or death of a person or damage to property, arising out of or in connection with, directly or indirectly, the performance, attempted performance or nonperformance of the services described hereunder or in any way resulting from or arising out

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FLOWER MOUND, TEXAS AND FLOWER MOUND CHAMBER OF COMMERCE - Page 2 Page 61 of 111

Attachment 1 of the negligence of the Chamber or its staff in regard to the management, supervision, and operation of the program and activities of the Chamber. In the event of joint and concurring responsibility of Chamber and Town, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with Texas Law, without waiving any defense of the parties under

Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

5. The persons signing this MOU on behalf of each party hereto have been duly authorized and empowered to do so.

6. This MOU may not be assigned. It embodies the entire MOU between the parties and may not be amended except in writing by the parties hereto.

7. In the event that one or more of the provisions contained in this MOU for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of this MOU shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, but shall not affect the remaining provisions of this MOU, which shall remain in full force and effect.

8. In the event of any dispute regarding this MOU or the terms contained herein, the parties hereto agree that they shall first submit such dispute to non-binding mediation before availing themselves of any legal or equitable remedies.

9. The term of this MOU shall be from the date of its execution until September 30,

2013, subject to the annual appropriation of the Town Council, unless terminated prior to said date, as hereinbefore provided. Either party may modify this MOU by submitting, in writing, the proposed amendment to be considered and executed by both parties. This MOU may be

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FLOWER MOUND, TEXAS AND FLOWER MOUND CHAMBER OF COMMERCE - Page 3 Page 62 of 111

Attachment 1 terminated with or without cause by either party by giving thirty (30) days written notice to the other party; however, in the event that Chamber elects to terminate this MOU prior to completing one or more of the Services and has received the funds under this MOU, Chamber shall repay the

Town the amount funded for the incomplete Services, based upon the expenses submitted for the incomplete event as set forth in Paragraph 2 of this MOU. In the event the Town elects to terminate this MOU prior to the Chamber completing one or more of the Services, Town agrees to reimburse Chamber related costs that have already been incurred based on actual expenses.

10. The Chamber is not and shall not be considered an agent or employee of the

Town and shall in no way have authority to bind the Town. The relationship of the Chamber to the Town shall be that of an independent contractor. Relative thereto, the Town shall not be liable for any claims or demands for damages, monetary or otherwise, including any claim for attorney’s fees, that in any way may grow out of, or arise from, the Chamber’s actions in carrying out its duties and obligations under the terms of this MOU. The Chamber shall provide proof of insurance naming the Town as an additional insured party, and does hereby agree and shall hold the Town harmless from and indemnify it against all such claims and demands.

11. This MOU shall be governed in all respects by the laws of the State of Texas.

Venue for any action shall lie in Denton County, Texas, exclusively.

12. This MOU shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this

MOU on behalf of the Town has full authority to execute this MOU and bind the Town to the same. The Chamber warrants and represents that the individual executing this MOU on its behalf has full authority to execute this MOU and bind the Chamber to same.

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FLOWER MOUND, TEXAS AND FLOWER MOUND CHAMBER OF COMMERCE - Page 4 Page 63 of 111

Attachment 1

IN WITNESS WHEREOF, Town and Chamber have signed this MOU in the year and day first above written.

FLOWER MOUND CHAMBER OF COMMERCE

______Name: ______Title: ______

TOWN OF FLOWER MOUND, TEXAS

______Thomas E. Hayden, Mayor

ATTEST:

______Theresa Scott, Town Secretary

APPROVED AS TO FORM:

______Terrence S. Welch Town Attorney

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FLOWER MOUND, TEXAS AND FLOWER MOUND CHAMBER OF COMMERCE - Page 5 Page 64 of 111

TOWN COUNCIL MEETING AGENDA ITEM NO: 5 January 7, 2013

[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, 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.

[ X ] Ordinance [ ] Resolution [ ] Motion [ ] Direction

I. SUMMARY:

The attached budget amendment represents the second proposed mid-year adjustment of the FY 2012-2013 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:

A discussion of the adjustments being requested in this budget amendment is provided below.

TIRZ Fund

In the TIRZ Fund, expenditures will increase by $4,110, from $4,702,851 to $4,706,961. Additional funds are available for budgeting due to higher revenues in the prior fiscal year. Specific projects are budgeted in the CIP.

Park Development Fund

In the Park Development Fund, the budget will decrease by $1,436, from $1,060,804 to $1,059,368. Revenues for park development fees were lower than budgeted, which requires the expenditure budget to be lowered.

Page 65 of 111

Street Maintenance Fund

In the Street Maintenance Sales Tax Fund, capital expenditures will increase by $16,854, from $2,760,193 to $2,777,047. Additional funds available for expenditure are from available fund balance due to higher than expected dedicated sales tax revenue in FY 2011-2012. Specific projects are budgeted in the Capital Improvement Plan (CIP).

Parks 4B Fund

In the Parks 4B Fund, the budget will be increased by $17,100, from $3,011,942 to $3,029,042 for parks capital projects. Fund balance was available for budgeting due to higher than expected dedicated sales tax revenue in FY 2011-2012. Specific projects are budgeted in the CIP.

General Capital Projects Fund

In the General Capital Projects Fund, expenditures will increase by $125,729, from $1,711,715 to $1,837,444. Fund balance was available for budgeting due to donations received for the Community Built Playground in the prior fiscal year. The increased budget will be used on expenditures for the Community Built Playground.

III. FISCAL IMPACT:

Proposed Revenue: N/A

Proposed Expenditures: In the TIRZ Fund, expenditures will increase by $4,110, from $4,702,851 to $4,706,961.

In the Park Development Fund, expenditures will decrease by $1,436, from $1,060,804 to $1,059,368.

In the Street Maintenance Fund, expenditures will increase by $16,854, from $2,760,193 to $2,777,047.

In the Parks 4B Fund, expenditures will increase by $17,100, from $3,011,942 to $3,029,042.

Page 66 of 111

In the General Capital Projects Fund, expenditures will increase by $125,729, from $1,711,715 to $1,837,444.

Finance Review by: Tammy Wilson, Director of Accounting & Budget

IV. LEGAL REVIEW:

Ed Voss, 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, 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.

Page 67 of 111

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, 2012, AND ENDING ON SEPTEMBER 30, 2013, AS ADOPTED BY ORDINANCE NO. 40-12 AND AMENDED BY ORDINANCE NO. 56-12, BY PROVIDING FOR ADJUSTMENTS TO THE TIRZ, PARK DEVELOPMENT, STREET MAINTENANCE, PARKS 4B, AND GENERAL CAPITAL PROJECTS FUNDS; 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, 2012, and ending on September 30, 2013; and

WHEREAS, said Annual Budget was adopted by Ordinance No. 40-12 on September 17, 2012, and amended by Ordinance No. 56-12; 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, 2012, and ending on September 30, 2013, as heretofore adopted by Ordinance No. 40-12 and amended by Ordinance No. 56-12, is hereby amended to provide for adjustments to the TIRZ, Park Development, Street Maintenance, Parks 4B, and General Capital Projects Funds, 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.

SECTION 3

Page 68 of 111

Attachment 1

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.

ORDINANCE NO. PAGE 2

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 7th DAY OF JANUARY, 2013.

APPROVED:

Thomas E. Hayden, MAYOR

ATTEST:

______Theresa Scott, TOWN SECRETARY

Page 69 of 111

Attachment 1

APPROVED AS TO FORM AND LEGALITY:

______Terrence S. Welch, TOWN ATTORNEY

ORDINANCE NO. PAGE 3

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 ______, 2013.

______NOTARY PUBLIC in and for the State of Texas

My Commission Expires:

______

Page 70 of 111

Attachment 1

EXHIBIT “A”

Town of Flower Mound Amended Budget Fiscal Year 2012-2013

REASON FOR ADJUSTING THE TIRZ FUND APPROPRIATION:

Original Amended Increase / TIRZ Fund Budget Budget (Decrease)

Expenditures: TIRZ E xpenditures $ 4,702,851 $ 4,706,961 $ 4,110 To ta l $ 4,702,851 $ 4,706,961 $ 4,110

REASON FOR ADJUSTING THE PARK DEVELOPMENT FUND APPROPRIATION:

Original Amended Increase / Park Development Fund Budget Budget (Decrease)

Expenditures: P ark Development E xpenditures $ 1,060,804 $ 1,059,368 $ (1,436) To ta l $ 1,060,804 $ 1,059,368 $ (1,436)

REASON FOR ADJUSTING THE STREET MAINTENANCE FUND APPROPRIATION:

Page 71 of 111

Attachment 1

Original Amended Increase / Street Maintenance Fund Budget Budget (Decrease)

Expenditures: Street Maintenance E xpenditures $ 2,760,193 $ 2,777,047 $ 16,854 To ta l $ 2,760,193 $ 2,777,047 $ 16,854 REASON FOR ADJUSTING THE PARKS 4B FUND APPROPRIATION:

Original Amended Increase / Parks 4B Fund Budget Budget (Decrease)

Expenditures: P arks 4B E xpenditures $ 3,011,942 $ 3,029,042 $ 17,100 To ta l $ 3,011,942 $ 3,029,042 $ 17,100

REASON FOR ADJUSTING THE GENERAL CAPITAL PROJECTS FUND APPROPRIATION:

Original Amended Increase / General Capital Projects Fund Budget Budget (Decrease)

Expenditures: General Capital P rojects E xpenditures$ 1,711,715 $ 1,837,444 $ 125,729 To ta l $ 1,711,715 $ 1,837,444 $ 125,729

Page 72 of 111

TOWN COUNCIL MEETING AGENDA ITEM NO: 6 January 7, 2013

[X] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM

FROM: Eric Metzger, Fire Chief

THROUGH: Chuck Springer, Interim Town Manager

PRESENTER: Eric Metzger, Fire Chief

ITEM: 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.

[ ] Ordinance [ ] Resolution [X] Motion [ ] Direction

I. SUMMARY:

This item is to consider the approval of an Interlocal Cooperation Agreement between Denton County and the Town to provide Flower Mound Emergency Medical Services to services to an unincorporated area of Denton County for the benefit of the citizens of Flower Mound and Denton County.

II. BACKGROUND INFORMATION:

Since 1982, the Town has received annual funding for the provision of Emergency Medical Services to a small area of unincorporated Denton County. The contract area consists of mainly low-density housing and tracts of undeveloped land with an estimated service population of less than 100 residents. The Interlocal Agreement stipulates a fixed sum payment of $32,900.76 based on a population percentage .5085 per capita as well as a fixed sum of $202.48 based on rural miles in the agreed upon operating territory. In addition, there is a flat fee of $240.88 per ambulance transport. The number of calls varies, but the funding for FY 12-13 is based on one call. Total funding to the town of Flower Mound for FY 12-13 is $33,344.00 which is $1,203.92 less than last fiscal year due primarily to a decrease in the per capita amount as well as the number of transports. This annual funding is paid to each Emergency Medical Services agency as a readiness/standby payment and to defray the cost to provide protection.

III. FISCAL IMPACT:

Proposed Revenue Source: Denton County agrees to pay the Town of Flower Mound $33.344.00 which includes a Page 73 of 111

fixed sum of $32,900.76 based on population and $202.48 based on rural mileage. In addition, a fee of $240.88 per EMS call will be paid. The number of calls varies, but it is estimated to be two calls or less.

Projected Receipts/Collections: Account No./Description Amount 100-4605 $33,344.00 Intergovernmental Revenue

Finance Review by: Tammy Wilson, Director of Accounting and Budget Services

IV. LEGAL REVIEW:

Meredith Ladd, of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality.

V. ATTACHMENTS:

1. Interlocal Cooperation Agreement for Emergency Medical Services.

VI. RECOMMENDED MOTION OR ACTION:

Move to approve 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 authorize the Mayor to execute same on behalf of the Town.

Page 74 of 111

Attachment 1

THE COUNTY OF DENTON § § TOWN OF FLOWER MOUND § AMBULANCE SERVICES STATE OF TEXAS §

INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE

THIS AGREEMENT, which has an effective date of October 1, 2012, is made and entered into by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Town of Flower Mound, a municipal corporation, located in Denton County, Texas, hereinafter referred to as “the AGENCY”. WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and

WHEREAS, the AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the Town of Flower Mound; and

WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and

WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and

WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and

WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and

WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and

2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Flower Mound- Page 1 of 8 Page 75 of 111

NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM

The term of this Agreement shall be for the period beginning of October 1, 2012, and ending on September 30, 2013. II. DEFINITIONS

As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to:

1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or

2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility.

B. “Rural area” means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY.

C. “Urban area” means any area within the corporate limits of an incorporated city, town or village within the COUNTY.

D. “Emergency ambulance call” means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. III. SERVICES

The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of Town of Flower Mound in circumstances of emergency, but which services will now be extended to all citizens of the

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COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES

The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY’s employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. V. COMPENSATION

COUNTY agrees to pay to the AGENCY an estimated fee of $33,344.00 (rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .5085 per capita; said sum computes to $32,900.76.

2. A fixed sum of $240.8809 per ambulance transport for an estimated maximum amount of $240.88. Said sum is based upon 1 transport made by the AGENCY in fiscal year 2012.

3. A fixed sum based on .30 rural miles in the agreed operating territory; said sum computes to $202.48.

2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Flower Mound- Page 3 of 8 Page 77 of 111

The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an “ambulance call” for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS

The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. VII. RESPONSIBILITY OF THE COUNTY

The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY

The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissionsand negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW

The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to

2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Flower Mound- Page 4 of 8 Page 78 of 111

the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT

In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. XI. TERMINATION

This Agreement may be terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY

The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions.

2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Flower Mound- Page 5 of 8 Page 79 of 111

XIII. ENTIRE AGREEMENT

This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT

This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY

In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY

The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. XVII. SERVICE AREA

Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY: AGENCY:

Denton County, Texas Town of Flower Mound 110 West Hickory Street, 2nd Floor 2121 Cross Timbers Road Denton, Texas 76201 Flower Mound, Texas 75028

By By ______Mary Horn Thomas E. Hayden Denton County Judge Mayor

2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Flower Mound- Page 6 of 8 Page 80 of 111

Acting on behalf of and by the Acting on behalf of and by the authority of Denton County authority of the Town of Flower Mound Commissioners Court of Denton County, Texas

DATED: ______DATED: ______

ATTEST: ATTEST:

BY:______BY: ______Denton County Clerk Town Secretary

APPROVED AS TO CONTENT:

BY: Denton County Fire Marshal

APPROVED AS TO FORM:

BY: Assistant District Attorney

AUDITOR’S CERTIFICATE

I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement.

James Wells, Denton County Auditor

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TOWN COUNCIL MEETING AGENDA ITEM NO: 7 January 7, 2013

[X] CONSENT ITEM [ ] REGULAR ITEM [ ] WORK SESSION ITEM

FROM: Eric Metzger, Fire Chief

THROUGH: Chuck Springer, Interim Town Manager

PRESENTER: Eric Metzger, Fire Chief

ITEM: 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.

[ ] Ordinance [ ] Resolution [X] Motion [ ] Direction

I. SUMMARY:

This item is to consider the approval of an Interlocal Cooperation Agreement between Denton County and the Town to provide Flower Mound fire protection services to an unincorporated area of Denton County for the benefit of the citizens of Denton County.

II. BACKGROUND INFORMATION:

Since 1982, the Town has received annual funding for the provision of fire protection to a small area of unincorporated Denton County. The contract area consists of mainly low-density housing and tracts of undeveloped land with an estimated service population of less than 100 residents. The Interlocal Agreement stipulates a payment of a flat fee of $10,000.00 and $475.00 per fire call to the area. The flat fee is paid to each fire department as a readiness/standby payment and to defray the cost to provide protection. Two or less responses are expected for the year by the Fire Department. While the fee per fire call for FY 12-13 has increased slightly from $450.00 to $475.00 as compared to FY 11-12, the estimated number of calls has decreased from nine to two resulting in a decrease in total funding to the Town of Flower Mound for FY 12-13 of $3,100.00.

III. FISCAL IMPACT:

Proposed Revenue Source: Payment from Denton County of $10,000.00 up front annual flat fee, plus $475.00 per fire call. The number of calls varies, but is estimated to be two. Page 83 of 111

Projected Receipts/Collections: Account No./Description Amount 100-4605 $10,950.00 Intergovernmental Revenue

Finance Review by: Tammy Wilson, Director of Accounting and Budget Services

IV. LEGAL REVIEW:

Meredith Ladd, of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality.

V. ATTACHMENTS:

1. Interlocal Cooperation Agreement for Fire Protection Services from Denton County.

VI. RECOMMENDED MOTION OR ACTION:

Move to approve 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 authorize the Mayor to execute same on behalf of the Town.

Page 84 of 111

Attachment 1

THE COUNTY OF DENTON § § TOWN OF FLOWER MOUND § FIRE DEPARTMENT STATE OF TEXAS §

INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES

THIS AGREEMENT, which has an effective date of October 1, 2012, is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Town of Flower Mound Fire Department, a municipal corporation, located in Denton County, Texas, hereinafter referred to as "the AGENCY”. WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a municipal corporation, duly organized and operating under the laws of the State of Texas and engaged in the provision of fire protection services and related services for the benefit of the citizens of the Town of Flower Mound; and WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM

The term of this Agreement shall be for the period beginning of October 1, 2012, and ending September 30, 2013. II. SERVICES

The services to be rendered in accordance with this Agreement by the AGENCY are the fire protection services normally rendered by the AGENCY to citizens of the Town of Flower 2012 – 2013 Interlocal Cooperation Agreement – Fire Protection Services/Flower Mound - Page 1 of 7 Page 85 of 111

Mound in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in “Exhibit A,” attached hereto and incorporated herein by reference. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement for the common good and benefit and to serve the public convenience and necessity of the citizens of the COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety and rescue services. The services to be rendered are as follows: A. The AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY.

B. The AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as “Flower Mound” as set out in Exhibit "A".

C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of an incendiary nature and upon request by the AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. The AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s).

D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which the AGENCY considers to be of incendiary nature in the AGENCY's incorporated area upon request of the AGENCY.

E. The AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton, Texas 76210-4010. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY.

F. The AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY’s equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 2012 – 2013 Interlocal Cooperation Agreement – Fire Protection Services/Flower Mound - Page 2 of 7 Page 86 of 111

The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE

The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00), payable upon execution of this Agreement, and further agrees to pay the sum of FOUR HUNDRED SEVENTY-FIVE AND NO DOLLARS ($475.00) per fire call in the designated unincorporated areas of the COUNTY from October 1, 2012, to September 30, 2013. The COUNTY anticipates the AGENCY to run approximately 2 fire calls for a total funding of $950.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be $10,950.00. The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY.

2012 – 2013 Interlocal Cooperation Agreement – Fire Protection Services/Flower Mound - Page 3 of 7 Page 87 of 111

VI. RESPONSIBILITY OF THE COUNTY

The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII. RESPONSIBILITY OF THE AGENCY

The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAW

The COUNTY and the AGENCY understand and agree that liability under this contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT

This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation.

2012 – 2013 Interlocal Cooperation Agreement – Fire Protection Services/Flower Mound - Page 4 of 7 Page 88 of 111

Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY

The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XII. ENTIRE AGREEMENT

This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIII. LAW OF CONTRACT

In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. AUTHORITY

The undersigned officer or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties.

2012 – 2013 Interlocal Cooperation Agreement – Fire Protection Services/Flower Mound - Page 5 of 7 Page 89 of 111

XVI. SERVICE AREA

Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY AGENCY Denton County, Texas Town of Flower Mound 110 West Hickory Street, 2nd Floor 2121 Cross Timbers Road Denton, Texas 76201 Flower Mound, Texas 75028

By By ______Mary Horn Thomas E. Hayden Denton County Judge Mayor

Acting on behalf of and by the Acting on behalf of and by the authority of Denton County authority of the Town of Flower Mound Commissioners Court of Denton County, Texas

DATED: ______DATED: ______

ATTEST: ATTEST:

BY:______BY: ______Denton County Clerk Town Secretary

APPROVED AS TO CONTENT:

BY: Denton County Fire Marshal

APPROVED AS TO FORM:

BY: Assistant District Attorney

AUDITOR’S CERTIFICATE

I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Contract/Agreement.

James Wells, Denton County Auditor

2012 – 2013 Interlocal Cooperation Agreement – Fire Protection Services/Flower Mound - Page 6 of 7 Page 90 of 111 Page 91 of 111

TOWN COUNCIL MEETING AGENDA ITEM NO: 8 January 7, 2013

[ ] CONSENT ITEM [ X ] REGULAR ITEM [ ] WORK SESSION ITEM

FROM: Kari Biddix, Parks, Trails and Landscape Specialist

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 the award of Bid No. 2013-17-B, to C. Green Scaping, LP, for the construction of the Braden-Bakersfield Park project, for a total amount of $235,348.34; and authorization for the Mayor to execute same on behalf of the Town.

[ ] Ordinance [ ] Resolution [ X ] Motion [ ] Direction

I. SUMMARY:

On November 29, 2012, bids were received and opened for the construction of the Braden-Bakersfield Park project, and C. Green Scaping, LP, submitted the lowest of seven qualified bids in the amount of $235,348.34, which includes the base bid of $195,914.84, Bid Option 3, and Bid Option 4B. The bid award of $235,348.34 leaves a project balance of $14,558.26, for use in project testing services and contingency.

II. BACKGROUND INFORMATION:

The Braden-Bakersfield Park project includes the former Braden Tract, an undeveloped five-acre parcel of land located adjacent to Duncan Lane within Bakersfield Park. This parcel, situated between the east entry drives to the ball field complex, will be developed as an open field, multi-sport practice facility for soccer, baseball, softball, football, lacrosse, cricket, etc. The design also includes perimeter concrete walkways, landscaping and irrigation.

Bakersfield Park Phases I and II were completed in 2004 and 2006. The projects included baseball fields, softball fields, soccer fields, sports lighting, spectator shade structures, batting cages, lighted parking, landscaping, irrigation, restroom/concession facilities, picnic pavilions, a park maintenance area and supporting utilities.

The Braden-Bakersfield Park project is included in the Town’s CIP and is funded from the Parks and Recreation Section 4B Improvements, a one-fourth of one percent sales tax dedicated for parks and recreation improvements. The Community Development Corporation recommended approval of funding for this Page 92 of 111

project at a public hearing on April 28, 2011. The Braden-Bakersfield Park project is scheduled to be constructed in two phases. Phase I will begin construction in FY 2012-2013 with Phase II projected to begin construction in FY 2015-2016. Phase I will include one large multi-sport irrigated grass playing field for cricket, lacrosse, soccer, baseball, softball, etc.; perimeter chain link fencing; and practice baseball/softball chain link backstops at the site’s four corners. Phase II is scheduled to include perimeter concrete walkways; landscaping with irrigation; additional parking along the west side of the site; and electrical service bollards.

On March 5, 2012, the Town Council approved a Professional Services Agreement with Schrickel, Rollings and Associates, Inc., to provide design and construction phase services associated with the Braden-Bakersfield park project, in the amount of $49,900.00.

III. FISCAL IMPACT:

Proposed Expenditure: $235,348.34

Proposed Funding: Account No./Description Amount 317-110-90350 $235,348.34

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 $14,558.26 remaining out of a currently funded budget of $300,000.00.

Finance Review by: Tammy Wilson, Director of Accounting & Budget

IV. LEGAL REVIEW:

Alan Lathrom, of Brown & Hofmeister, L.L.P., reviewed the bidding documents, including the construction agreement, as to form and legality.

V. ATTACHMENTS:

1. Bid Tabulation 2. Construction Agreement

VI. RECOMMENDED MOTION OR ACTION:

Move to approve the award of Bid No. 2013-17-B, with C. Green Scaping, LP, for the construction of the Braden-Bakersfield Park project, in the amount of $235,348.34; and authorize the Mayor to execute same on behalf of the Town.

Page 93 of 111 Attachment 1

Town of Flower Mound Bid Tabulation

Bid No: 2013-17-B Braden-Bakersfield Park Bid Opening: 11/29/12 at 2:00 PM Base Bid Bid Option 1A Bid Option 1B Bid Option 1C Bid Option 2 Bid Option 3 Bid Option 4A Bid Option 4B C. Green Scaping, LP $ 195,914.84 $ 32,044.50 $ 26,280.00 $ 24,840.00 $ 2,700.00 $ 19,237.50 $ 51,510.00 $ 20,196.00 Wall Enterprises $ 210,994.60 $ 20,872.00 $ 26,340.00 $ 23,165.00 $ 1,300.50 $ 23,441.25 $ 36,950.85 $ 14,725.26

American Landscape Systems $ 217,709.80 $ 21,520.00 $ 25,250.00 $ 22,300.00 $ 750.00 $ 18,168.75 $ 49,237.50 $ 19,305.00 Cole Construction $ 257,032.80 $ 14,000.00 $ 26,000.00 $ 17,000.00 $ 1,500.00 $ 24,937.50 $ 63,630.00 $ 24,948.00 Pavecon, Ltd., dba Pavecon Municipal Division $ 280,379.68 $ 41,000.00 $ 41,000.00 $ 41,000.00 $ 3,166.50 $ 19,023.75 $ 118,170.00 $ 45,738.00 HQS Construction, LLC dba Irricon Construction $ 311,250.60 $ 25,000.00 $ 38,000.00 $ 31,000.00 $ 4,500.00 $ 22,087.50 $ 87,870.00 $ 34,452.00 T&A Turf and Irrigation LLC $ 361,063.24 $ 19,900.00 $ 56,625.00 $ 63,700.00 $ 1,250.00 $ 30,000.00 $ 81,000.00 $ 31,600.00

**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 29, 2012 Purchasing Manager Town of Flower Mound, Texas Page 94 of 111

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TOWN OF FLOWER MOUND

BRADEN-BAKERSFIELD PARK

Bid # 2013-17-B

CONSTRUCTION AGREEMENT

THIS CONSTRUCTION AGREEMENT (the “Agreement”), made and entered into this ______day of ______, 20___, by and between the Town of Flower Mound, County of Denton, Texas, hereinafter referred to as the “Town,” and C. Green Scaping, LP, 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:

BRADEN-BAKERSFIELD PARK, Bid # 2013-17-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;

E. Supplementary Conditions;

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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.

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 two hundred

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thirty-five thousand three hundred forty-eight Dollars and thirty-four cents ($235,348.34) 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 ninety (90) calendar days, and final completion of one hundred twenty (120) calendar days ready for final payment, as measured from the Effective Start Date shown in the Notice to Proceed. 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 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

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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 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.

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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 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.

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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.

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

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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, 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

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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 Two Hundred Twenty Five and Zero/One Hundredths Dollars ($225.00) 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 Two Hundred Fifty and Zero/One Hundredths Dollars ($250.00) 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. 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.

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.

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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 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

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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.

[The remainder of this page left blank intentionally]

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This Agreement will be effective on the ____ day of ______, 20_____.

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

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Future Agenda Items Page 1 of 7 As of 1/4/13

January 17, 2013, Joint Town Council/Transportation Commission 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 22, 2013, Special meeting

Presentation

1. Certificate of Achievement – Erin Hwang and Jonathan Fields, TMEA All State Orchestra

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.

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 a resolution amending Resolution No. 18-12 by designating and appointing authorized agents; and declaring an effective date.

4. Consider approval of a Professional Services Agreement with Atlas Star Energy, Inc., DBA A Cooler House, to provide housing rehabilitation specialist services, and authorization for the Mayor to execute same on behalf of the Town.

5. Consider approval of a grant application to the Texas Book Festival for a 2013 Technology Grant that will be used to purchase four e-readers and tablets; acceptance of money if grant is awarded; and authorization for the Mayor to execute same on behalf of the Town.

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Future Agenda Items Page 2 of 7 As of 1/4/13

Regular

6. Consider a request for a Site Plan (SP 19-12 - Premier Nationwide Lending) to develop an office building, with a request for a deviation to the required parking standard pursuant to Section 82-73 of the Code of Ordinances. The property is generally located southwest of the intersection of Lakeside Parkway and Lake Forest Boulevard. (The Planning and Zoning Commission recommended by a vote of to at its January 14, 2013, meeting.)

7. 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.)

8. 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 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.)

9. 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.)

10. 2012 – 2013 CIP Amendment 1.

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 special meeting of the Town Council held on January 22, 2013. Page 107 of 111

Future Agenda Items Page 3 of 7 As of 1/4/13

2. 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.

3. 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. 4. 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.

5. Timber Creek Road 20-Inch Water Line and Valley Ridge Boulevard 20-Inch Water Line projects Change Order and Final Acceptance.

6. Waketon Elevated Storage Tank Final Acceptance.

7. Wellington Interceptor Section 1 Change Order No. 1 and Final Acceptance.

8. FM 1171 Waterline Relocate Change Order No. 3 and Final Acceptance.

9. FM 407 12-Inch Waterline 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. Bakersfield 12-Inch Waterline Change Order and Final Acceptance.

15. WWTP Phase II Change Order No. 2 and Final Acceptance.

16. 4009 Beacon Street Easement Abandonment.

17. 2011 Street Reconstruction – Change Order No. 3 and Final Acceptance.

18. Western Elevated Storage Tank – Change Order and Final Acceptance.

19. CDBG – Sunrise Circle Phase V Change Order No. 3 and Final Acceptance.

20. 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. Page 108 of 111

Future Agenda Items Page 4 of 7 As of 1/4/13

21. FM 1171 @ Tour 18 Traffic Signal Construction Award.

22. O & M PSA CCA.

Regular

23. Consider approval of a Memorandum of Understanding between the Town of Flower Mound and University of North Texas for a Phase Zero entrepreneurship program.

24. Consider a request for a Development Plan (DP 04-12 - Canyon Falls) to develop a residential subdivision. The property is generally located north of FM 1171 and west of US 377. (The Planning and Zoning Commission recommended by a vote of to at its January 28, 2013, meeting.)

25. CSP 03-12 - Lantana Animal Hospital Public Hearing to consider a request for a Comprehensive Sign Package (CSP 03-12 - Lantana Animal Hospital) for a veterinary hospital (inside pens). The property is generally located at 4110 Justin Road. (The Planning and Zoning Commission recommended by a vote of to at its January 28, 2013, meeting.)

26. Public Hearing to consider an application for a tree removal permit for the removal of three specimen trees on property proposed for development as Canyon Falls. The property is generally located west of Highway 377 and north of FM 1171. (This item is scheduled for consideration by the ECC at their January 3, 2013, Special meeting).

27. Chinn Chapel Construction Award.

28. O & M Construction Award.

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.

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Future Agenda Items Page 5 of 7 As of 1/4/13

Regular

4. 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 Road and west of Old Settlers Road. (The Planning and Zoning Commission recommended by a vote of to at its February 11, 2013, meeting.)

5. 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).

6. 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.

7. 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.

2. Twin Coves Wastewater Change Order No. 1 and Final Acceptance.

3. FM 2499 @ Lakeside Intersection Improvement Design Award.

4. FM 2499 @ Silveron Intersection Improvement Design Award.

Regular

5. Wellington Interceptor Section 2 – Construction Award.

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FUTURE ITEMS – TBD

1. Consider approval of an ordinance canvassing and declaring the results of a general election held May 11, 2013, for the purpose of electing Council Member Place 1, Council Member Place 3, and Council Member Place 5, for two-year terms each. (scheduled for May 20, 2013)

2. 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.

3. Skillern Road 12-inch Waterline Change Order and Final Acceptance.

4. Bakers Branch Collector Construction Award.

5. Bakers Branch Collector Testing Award.

6. Pink Evening Primrose Trail Design Award.

7. Flower Mound Road Turn Lanes @ Native Oak Design.

8. FM 1171 to Hwy 377 & Hwy 377/UPRR Waterlines Construction Award.

9. FM 1171 to Hwy 377 & Hwy 377/UPRR Waterlines Testing Award.

10. FM 2499 12-Inch Waterline Phase III Design Award.

11. Lakeside Lift Station Upgrade and Force Main Design Award.

12. Lusk Lane Drainage Improvements Construction Award.

13. FM 1171@ Tour 18 Temporary Traffic Signal Final Acceptance.

14. FM 2499 @ Lakeside Intersection Improvements Testing Award.

15. 2013 Street Reconstruction Testing Award (Colony and Colonial).

16. FM 2499 @ Silveron Intersection Improvements Testing Award.

17. 2013 Street Reconstruction Testing Award (Wood Creek and Sheffield).

18. Surrey and Old Long Prairie Road Reconstruction Design Award.

19. Morriss/Gerault AFA Amendment.

20. Jake’s Hilltop Park Parking Lot Construction Award.

21. FM 2499 @ Lakeside Intersection Improvements Construction Award. Page 111 of 111

Future Agenda Items Page 7 of 7 As of 1/4/13

22. 2013 Street Reconstruction Construction Award (Wood Creek & Sheffield).

23. 2013 Street Reconstruction Construction Award (Colony & Colonial).

24. FM 2499 @ Silveron Intersection Improvement Construction Award.