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11/03/2014-CC-Agenda Packet-Regularau�gen 7T2AS AGENDA CITY COUNCIL MONDAY, NOVEMBER 3, 2014 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: October 20, 2014 -Work Session October 20, 2014 - City Council b) Disbursements c) Approve Resolution #11114044 - Regarding Cause No. 2012-0382-367, Denton County vs. Tommy Lange AKA Tomie Lang to Collect Delinquent Property Taxes 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve an Agreement for Professional Services Between Alan Plummer Associates, Inc., and the City of Sanger to Investigate, Analyze Options and Design Improvements Associated With the Rehabilitation, Augmentation or Replacement of the Cowling Road Lift Station and Force Main. 6. Consider, Discuss and Possibly Approve the First Amendment to an Interlocal Agreement Between llenton County and the City of Sanger Regarding the Design and Construction of Drainage and Paving Improvements to McReynolds Road from FM 2164 to S. Jones Street. 7. Consider, Discuss and Possibly Approve Taslc Order No. 2 Regarding an Agreement Between LNV, Inc. and the City of Sanger for Consulting Services for Water Supply Wells. 8. INFORMATION ITEMS: None, 9. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the neral ublic at all times, andsaidnotice was posted on the following date and time: �� 0/ 7` at%00 R.ma and shall remain posted until meeting is adjourned. Tami Taber, City Secretary City of Sanger, Texas am TEX PS.°�z This facility is wheelchair accessible 'and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretarv's office at (940) 4584930 for further information. MINUTES: CITY COUNCIL WORKSESSION October 20, 2014 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Allen Chick ABSENT: Councilman Russell Martin OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Falls, Meghann Piercy and Eddie Piercy 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:02 p.m. 2. Presentation by State Representative Pat Fallon. Pat Fallon represents over 160,000 citizens in the Denton county area. He gave his word that if elected, he would go door to door to visit with citizens regarding any concerns or issues they might have. He has also spoken to fourteen Denton county municipalities. Mr. Fallon also gave out his cell phone number and encouraged the City Council and audience members to contact him at anytime. There was a brief discussion about his first day in Austin as an elected official and he explained the process of being a state representative. 3. Overview of Items on Regular Agenda. Agenda item #5, is an agreement with Bureau Veritas North Ameriman. They would be a back up for plan reviews and inspections for an hourly fee in the event Dwayne Douthitt is off for two to three weeks or if he ever gets too busy. Agenda item 446, is an agreement with Stephen Koch. There is property owned by Mr. Koch on 2nd Street, where he plans on building six new homes. Currently there is an old clay the line there. City Manager advised that the clay the line will be getting replaced with PVC. The City also does not have easements on Mr. Koch's property; so in exchange for the easement he is requesting the following: - City provides access to sewer and water lines under the street and repairs thereafter (street cuts) -City issues 2 building permits with water and sewer tap fees at no cost to builder - City issues 1 commercial building permit at no cost to builder 4. Adjourn. Mayor Muir adjourned the meeting at 7:07 p.m. MINUTES: CITY COUNCIL MEETING October 20, 2014 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Allen Chicle ABSENT: Councilman Russell Martin OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Falls, Meghann Piercy, Eddie Piercy, Mal Smith and Erich Ellis L Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:12 p.m. Councilman Stephens led the Invocation followed by Councilman Chick leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Mal Smith, an agent with Remax DFW Associates, spoke about the Texas Sentinel Project. So far they have built and donated ten mortgage free homes for injured veterans, with the most current home being built on Huling Road in Sanger. Joe Falls of 4489 McReynolds Road, wanted it noted in the minutes that he brought a document to the City Council and City Manager requesting a formal investigation into the practices and performance of Wildstone Construction regarding disposal of waste material generated by the Jones/Willow Street sewer renovation, funded by the Texas Department of Agriculture. CONSENT AGENDA 3. a) Approval of Minutes: September 15, 2014 -City Council b) Disbursements c) Approve Interlocal Agreement for Library Services Between Denton County and the City of Sanger d) Approve Appointing Kandyce LaFleur to the Library Board - Place 1 Councilman Stephens made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve a Standard Professional Services Agreement Between Bureau Veritas North American, Inc. and the City of Sanger. Councilman Stephens made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 6. Consider, Discuss and Possibly Approve a Sewer Line Easement Agreement Between Stephen Koch and the City of Sanger. As discussed in the work session, since the City does not have easements on Mr. Koch's property, in exchange for that he is requesting the following: City provides access to sewer and water lines under the street and repairs thereafter (street cuts) - City issues 2 building permits with water and sewer tap fees at no cost to builder - City issues 1 commercial building permit at no cost to builder Councilman Bilyeu made a motion to approve with one modification, which is to specify the location of the one commercial building permit. Seconded by Councilman Stephens. Motion carried 3-1. Voted For Voted Asainst Councilman Bilyeu Councilman Chick Councilman Stephens Councilman Ezell INFORMATION ITEMS: a) Financial and Investment Report -August b) All American Dogs Report - September c) ATMOS Energy Rider GCR - Rate Filing Under Docket No. 10170 8. Adjourn. Mayor Muir adjourned the meeting at 7:25 p.m. 10/15/2014 1:53 PM A / P CHECK REGISTER PAGE: 1 PACKET: 06932 Regular Payments FY 2015 VENDOR OFT: 99 POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VE.nv OR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT MOO AMOUNT 25610 AUSTIN LANE TECHNOLOGIES, INC 1-20141009 OCT 2014 MAINTENANCE R 10/15/2014 3,545.00CR 056209 31545,00 25190 BABE'S CHICKEN DINNER HOUSE 1-12/4/2014 EMPLOYEE APPREC LUNCH R 10/15/2014 200.000R 058210 200.00 1 BARTZ, MARIANNE I-BARTZ 10/10/14 COMR4. CENTER R 10/15/2014 100.000R 058211 100.00 23010 FIVE STAR SUPPLY CO INC. I-50040 JANITORIAL SUPPLIES R 10/15/2014 79.22CR 058212 79.22 18790 FUELMAN I-HP42529751 10/6/14-10/12/14 R 10/15/2014 2,468.56CR 058213 2,468.56 24430 PIERCE PUMP COMPANY L.P. 1-3653343 REPAIR PACO PUMPS U COWLING R 10/15/2014 6,826.06CR 058214 6,826.06 02090 PUNCHES, CHRISTY I-TCCA 10/20-22/14 MEALS/MILEAGE COCA COPP R 10/15/2014 192.08CR 058215 192.08 02140 RADIO SHACK I-10053010 CAMERA R 10/15/2014 129.99CR 058216 129.99 27450 RICOH USA I-25913924 OCT LEASE R 10/15/2014 "09.97CR 058217 "9.97 02670 TML - INTERGOVERNMENTAL RISK POOL - I-4135 10/01/2014 WORKERS COMP 6 LIABILITY R 10/15/2014 144,318.40CR 058218 144,318.40 1"""^ TYLER TECHNOLOGIES I-025-105425 NMINTENANCE 11/l/14-10/31/15 R 10/15/2014 507.95CR 058219 I-025-105885 MONTHLY ONLINE US OCT 2014 R 10/15/2014 110.00CR 058219 I-025-105886 COURT ONLINE MAINT 10/2014 R 10/15/2014 125.00CR 058219 742.95 26300 UNUM LIFE INSURANCE COMPANY OF AMERICA I-11/1/14-11/30/14 11/l/14-11/30/14 LTD R 10/15/2014 7B7.90CR 058220 707.90 02910 UPPER TRINITY I-A2"1410 FY2014-15 ADMINISTRATIVE FEE R 10/15/2014 21700.00CR 058221 2r7OO.00 16400 SPA / BUILDING PROFESSIONAL INSTITUTE I-ILIFF 2015 CRAC ADVISORY COMMITTEE MEMBER R 10/15/2014 150.000R 058222 150.00 10/15/2014 1:53 PM A / P CHECK REGISTER PACKET: 06932 Regular Payments FY 2015 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VEIAJOR NONE / I.O. DISC TYPE DATE 2"70 NEAL WELCH I-10/l/14-10/3/14 PER DIEM TOP. 2014 HOUSTON, TX R 10/15/2014 ++ T O T A L S REGULAR CHECKS: HAN0WRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK DISCOUNT AMOUNT NOtl 135.000R 058223 NOA DISCOUNTS CHECK INIT TOTAL APPLIED 15 0.00 163,005,13 163,005.13 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 15 0.00 163, 005.13 163,005.13 AGE: 2 CHECK AMOUNT 00 10/15/2014 1:54 PM A / P CHECK REGISTER PACKET: 06936 Regular Payments FY 2014 VENDOR SET: 99 BANK POOL FOOLED CASH ACCOUNT CHECK CHECK VL,,,.OR NAME / I.D. DEEP TYPE DATE 08280 A-1 FORTA PRIVY I-95713 SWITZER PORTA POTTIES R 10/15/2014 25940 ALAN PLUMMER ASSOCIATES, INC 1-000000036404 PRO11416-002-01 INVN35975 R 10/15/2014 18100 AMERICAN MUNICIPAL SERVICES I-21816 SEPT 2014 WARRANT COLLECTION R 10/15/2014 22620 ARAMARK UNIFORM SERVICE I-SEPT 2014 UNIFORMS FOR 2013-2014 R 10/15/2014 01550 A'TM03 I-9/4/14-10/l/14 ATMOS 9/4/14-10/l/14 R 10/15/2014 25610 AUSTIN LANE TECHNOLOGIES, INC I-20141009A NETWORK CONSOLIDATION R 10/15/2014 I-20141009A- AUSTIN LANE TECH SUPPORT R 10/15/2014 12680 BAILEY ENVIRONMENTAL, CORP I-SEPT 29, 2014 HEALTH INSPECTIONS 2014 R 10/15/2014 00420 BOUND 'TREE MEDICAL, LLC C-70198822 EMS SUPPLIES R 10/15/2014 1-81538656 EMS SUPPLIES R 10/15/2014 I-81557908 EMS SUPPLIES R 10/15/2014 00440 BRAZOS ELECTRIC I-30619-RI-1 SEPT 2014 DISTRIBUTION SERVICE R 10/15/2014 2"^9 CARD SERVICE CENTER I -AMAZON 9/12/14 BARCOOE READER, PRINTER R 10/15/2014 I-ARIAZON 9/19/14 BARCOOE READER, PRINTER A 10/15/2014 I -AMIGOS 9/17/14 REG FOR ONLINE CONFERENCE R 10/15/2014 I-B 6 N 2014 B L N MEMBERSHIP R 10/15/2014 I-CUSTOMINK 9/2/14 LIGHT BLUE T-SHIRTS FOR BOARD R 10/15/2014 I-DENNIS 9/8/14 NEED CONTROL R 10/15/2014 I -FIRE PROT 9/12/14 EDGED CHIEF OFFICER R 10/15/2014 I -HOME DEPOT 9/3 PLASTIC STORAGE TOTES R 10/15/2014 I -HONE DEPOT 9/3/14 SHELVES FOR EVIDENCE ROOM R 10/15/2014 I -PACK 6 MAIL 9/3/14 MICROFILMING MAILING R 10/15/2014 I-RADIOSHACK 9/10/14 KEYS R 10/15/2014 I-TCEQ PIGGOT 2014 WATER LICENSE PIGGOT R 10/15/2014 I-WALMART 9/9/14 WALMART - NISC SUPPLIES R 10/15/2014 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NON AMOUNT 210.80CR 058224 210.80 221096.30CR 058225 22,096.30 492.20CR 058226 492.20 669.24CR 058227 669.24 316.26CR 058228 316.26 8, 507.SOCR 058229 262.42CR 058229 8,849.92 4,575.000R 058230 4,575.00 96.87 058231 653.71CR 058231 382.21CR 058231 939.05 12,820.72CR 058232 12,820.72 200.95CR 058233 I58. 91CR 058233 154.000R 058233 25.POOR 058233 69.71CR 058233 150.DOOR 058233 5 $, 72CR 058233 119.10CR 058233 537.000R 058233 15.61CR 058233 3.98CR 058233 111.000R 058233 328.07CR 058233 1, 929.65 10/15/2014 1:54 PM A / P CHECK REGISTER PAGE: 2 PACKET: 06936 Regular Payments FY 2014 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VLi.,.JR NAME / I.D. DEBT TYPE DATE DISCOUNT AMOUNT NON AMOUNT *VOID* VOID CHECK V 10/15/2014 058234 **VOID"* 20410 CARE NOW CORPORATE I-932615 DRUG TESTING NIXON 9/26/14 R 10/15/2014 35.000R 058235 35.00 00590 CITY OF DENTON I-9/29/2014 ICED REQUIRMENT - SAMPLES R 10/15/2014 160.000R 058236 160.00 20980 EXPRESS SERVICES, INC. 1-14746703-9 TEMP EMPLOYEES 9/28/14 R 10/15/2014 17289.36CR 058237 11289.36 16900 GET PUBLIC SAFETY SUPPLY I-INV-046391 CONTRACT FOR UNIFORMS R lOY15/2014 319.25CR 058238 I-INV-046402 CONTRACT FOR UNIFORMS R 10/15/2014 203.81CR 058238 583.06 1 HEATH, MELVA I -HEATH COMMUNITY COMMUNITY CENTER R 10/15/2014 100.000R 058239 100.00 20220 INGRAM I-80812245 BOOKS FOR COLLECTION R 10/15/2014 42.53CR 058240 I-80837664 BOOKS FOR COLLECTION R 10/15/2014 0.18CR 058240 I-80845082 BOOKS FOR COLLECTION R 10/15/2014 28.6'ICR 058240 I-80845083 BOOKS FOR COLLECTION R 10/15/2014 311.56CR 058240 382,94 01300 JAGOE-PUBLIC CO., INC. I-13936MB ASPHALT HOT MIX R 10/15/2014 562.80CR 058241 562.80 27800 KELLEY SAND & EXCAVATION I-6685 4 YARD 5 SACK CONCRETE R 10/15/2014 418.000R 058242 418.00 2""0 LNV, INC 1-16194 INV$14926 R 10/15/2014 21665.000R 058243 21665.00 015"0 L WE'S COMPANIES, INC. I-942418 RISC SUPPLIES R 10/15/2014 314.36CR 058244 314.36 01830 NOR-TEX COMMUNICATIONS I-19702 PROGRAMMED AUTO ATTENDANT R 10/15/2014 95.000R 058245 95.00 08690 O'REILLY AUTO PARTS C-1959149220 MISC REPAIR PARTS R 10/15/2014 35.00 058246 C-1959153112 MISC REPAIR PARTS R 10/15/2014 72.24 056246 C-1959155882 MISC REPAIR PARTS R 10/15/2014 181.31 058246 I-1959149203 MISC REPAIR PARTS R 10/L5/2014 5.31CR 058246 I-1959149211 MISC REPAIR PARTS R 10/15/2014 98.25CR 058246 I-1959150116 MISC REPAIR PARTS R 10/15/2014 313.46CR 058246 I-1959150111 MISC REPAIR PARTS R 10/15/2014 42.83CR 058246 I-1959150124 WINDSREILD WASHER PARTS R 10/15/2014 42,83CR 058246 I-1959150131 MISC REPAIR PARTS R 10/15/2014 148.12CR 058246 I-1959150155 MISC REPAIR PARTS R 10/15/2014 80.82CR 058246 I-1959156213 MISC REPAIR PARTS R 10/15/2014 42.08CR 058246 I-1959150340 MISC REPAIR PARTS R 10/15/2014 13.06CR 058246 10/15/2014 1:54 PM A / P CHECK REGISTER PAGE: 3 PACKET: 06936 Regular Payments PY 2014 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK Vb,,�UR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NOk AMOUNT I-1959150346 RISC REPAIR PARTS R 10/15/2014 7.90CR 058246 I-1959150535 RISC REPAIR PARTS R 10/15/2014 11.70CR 058246 I-1959150682 RISC REPAIR PARTS R 10/15/2014 14.39CR 058246 I-1959150753 RISC REPAIR PARTS R 10/15/2014 4.98CR 058246 I-1959151412 DISC REPAIR PARTS R 10/15/2014 15.58CR 058246 I-195915144"1 MISC REPAIR PARTS R 10/15/2014 4.99CR 058246 I-1959151456 MISC REPAIR PARTS R 10/15/2014 1.03CR 058246 I-19591515]1 MISC REPAIR PARTS R 10/15/2014 8.63CR 058246 I-1959152050 MISC REPAIR PARTS R 10/15/2014 28.68CR 058246 I-1959152067 RISC REPAIR PARTS R 10/15/2014 41.03CR 058246 I-1959152122 RISC REPAIR PARTS R 10/15/201.4 11.49CR 058246 I-1959152903 MISC REPAIR PARTS R 10/15/2014 56.60CR 058246 I-1959153148 MISC REPAIR PARTS R 10/15/2014 34.32CR 058246 I-1959153452 MISC REPAIR PARTS R lOY15/2014 40.1]CR 058246 I-1959153665 MISC REPAIR PARTS R 10/15/2014 222.99CR 058246 I-1959154363 MISC REPAIR PARTS R 10/15/2014 18].31CR 058246 I-1959154536 MISC REPAIR PARTS R 10/15/2014 ].98CR 058246 I-1959154538 MISC REPAIR PARTS R 10/15/2014 12.98CR 058246 I-19591545]] MISC REPAIR PARTS R 10/15/2014 42.38CR 058246 I-1959155116 MISC REPAIR PARTS R 10/15/2014 222.99CR 058246 I-1959155157 MISC REPAIR PARTS R 10/15/2014 59.96CR 058246 I-1959156146 MISC REPAIR PARTS R 10/15/2014 318.80CR 058246 1,850.]] *VOID* VOID CHECK V 10/15/2014 058241 **VOID** *VOID* VOID CHECK V 10/15/2014 058248 **VOID** 2]600 OMNIBASE SERVICES OF TEXAS LP I-OBS143001323 QUARTER FEES JULY - SEPT 14 R 10/15/2014 48.000R 058249 48.00 2�010 PACHECO KOCH, LLC I-30]93 CONSULTING SERVICES - SEW R 10/15/2014 61986.00CR 058250 I-30794 CONSULTING SERVICES - SEW R 10/15/2014 5,215.00CR 058250 I-30795 CONSULTING SERVICES - SECI R 10/15/2014 4,602.000R 058250 I-30796 CONSULTING SERVICES - SEW R 10/15/2014 683.90CR 058250 I-30]9] [VEST SIDE I35 SEWER R 10/15/2014 51307.60CR 058250 22,]94.50 05510 PROGRESSIVE WASTE SOLUTIONS OF TX, INC I-1201746786 ANNUAL ROLL OF RENTAL R 10/15/2014 658.01CR 058251 658.07 05510 PROGRESSIVE WASTE SOLUTIONS OF TX, INC I-SEP-14 SEPT 2014 SOLID WASTE R 10/15/2014 50,221.60CR 058252 50,221.60 10/15/2014 1:54 PM A / P CHECK REGISTER PACKET: 06936 Regular Payments FY 2014 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VLL,.vR NAME / I.O. DESC TYPE DATE 27610 RECREATION CONSULTANTS OF TEXAS I-1809 PICNIC TABLES - SWITZER R 10/15/2014 21750 SAMANTHA SPRINGS BOTTLING I-140830 WATER COOLER/WATER R 10/15/2014 21190 TEXAS MEDICINE RESOURCES I-TMR3082289 RILEY TEXAS MEDICINE RESOURCES R 10/15/2014 25790 TOLLE, AUDREY I-KROGER 9/24/14 COFFEE,VINEGAR,WINDEX R 10/15/2014 1900 TOMMY MARSHALL t ASSOCIATES I-A-14-00-1878 WATER WELL R 10/15/2014 02910 UPPER TRINITY I-V12314L0 9/l/2014- 9/30/2014 R 10/15/2014 23760 VAULTLOGIX I-1V0569 INTERNET VAULT 9/1/14-9/30/14 R 10/15/2014 ** T O T A L S * REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER 'TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 PAGE: 4 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 2,945.000R 058253 2,945.00 56.90CR 058254 56.90 738.000R 058255 738.00 14.0CR 058256 14.67 1,500.60CR 058257 1,500.00 22,297.l1CR 058258 22129"."l 967.20CR 058259 967.20 NO# DLSCOUN'f5 CHECK ALIT TOTAL APPLIED 33 0.0E 163,59T.EO 163,59"1.08 0 0.0E 0.0E 0.0E 0 0.00 0.00 0.00 0 0.00 0.00 0.00 3 0.00 0.00 0,00 0 0.00 0.00 PIES 0 0.00 0.00 0.00 30 0.00 163,59T.08 163,59".08 10/15/2014 1:53 PM PACKET: 06939 Regular Payments miles VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VttijiOR NAME / I.D. PESO 27880 MILLS ENTERPRISES I-10/9/2014 48" FORKS ** T O T A L S * REGULAR CHECKS: HANDWRITTEN CHECKS: PRE-VIRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 A / P CHECK REGISTER PAGE: 1 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NOP AMOUNT R 10/15/2014 11240.000R 058260 1,240.00 NON DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 11240,00 1,240.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 I 0.00 1,240.00 1,240.00 PAGE: 1 10/20/2014 3:32 PM A / P CHECK REGISTER PACKET: 06955 Regular Payments 10/20/14 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VE.._JR NAME / I.D. DESC 26350 C & G ELECTRIC, INC I-26558 ANALYZING ISSUES @ MARION 27580 CULTURAL SURROUNDINGS I-3568 LIBRARY FUNITURE/SHELVES I-3568-0 LIBRARY FUNITURE/SHELVES I-3571 SHELVING COMPONENTS 27870 ICSC I-1608792 2014 ICSC TEXAS TEXAS CONFEREN 16160 INDIAN CAR WASH I-84"003 CASE WASH VOUCHERS 27850 JYRO SIGNS I-4127 SWITZER PARK RULE SIGNS 01380 KARL-KLEMENT FORD, INC. I-382917FONG TRANSMISSION OII, COOLER L 27800 KELLEY SAND & EXCAVATION I-6693 20 CY OF CONCRETE 08210 KO1IK BAR I-26269 VEHICLE INSPECTIONS- OCT 25'40 NATIONAL RECREATION & PARK ASSOCIATION I-156229 2014 NRPA MEMBERSHIP 15470 PROFESSIONAL. COATING TECHNOLOGIES, INC 1-12123 55 GALLONS OF ASPHALT 2. RED RIVER LOCK AND KEY I-10496 REKEYING OF OFFICE DOOR 19290 RENTAL ONE I-470122-0001 CONCRETE VIBRATOR 26700 SOUTHERN TIRE NUIT, LEG I-48035188 4 PURSUIT TIRES 03-20 04560 TMCEC I-HARTLESS 1/7/15 REGIONAL JUDGES SEMINAR CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT R 10/20/2014 360.000R 058291 360.00 R 10/20/2014 225.08CR 14,849.83CR 058292 R 10/20/2014 436.93CR 28,622.76CR 056292 R 10/20/2014 95.32CR 61259.68CR 058292 49r"32.27 R 10/20/2014 315.000R 058293 315.00 R 10/20/2014 800.000R 058294 800.00 R 10/20/2014 211.90CR 058295 211.90 R 10/20/2014 '1.81CR 058296 ]1.81 R 10/20/2014 418.00CR 058297 418.00 R 10/20/2014 14.50CR 058298 14.50 R 10/20/2014 165.00CR 058299 165.00 R 10/20/2014 1,320.000R 058300 11320.00 R 10/20/2014 494.85CR 058301 494.85 R 10/20/2014 38.85CR 058302 38.85 R 10/20/2014 528.000R 058303 528.00 R 10/20/2014 300.00CR 058304 300.00 10/20/2014 3:32 PM A / P CHECK REGISTER PACKET: 06955 Regular Payments 10/20/14 VENDOR SET: 99 SANK POOL POOLED CASH ACCOUNT VG....JR NAME / I.D. REST 27730 WISEMAN HARDWARE, IN I-101904 ASSORTED POWER TOOLS REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# R 10/20/2014 2,309.94CR 058305 NOA DISCOUNTS CHECK AhIT TOTAL APPLIED 15 l57.33 57,080,12 5"t83".45 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 IS 15 "1,33 5"1,080. 12 5"I, 83"1. 45 PAGE: 2 HECK NfOCUT 09. 94 10/23/2014 2:57 PN A / P CHECK REGISTER PAGE: 1 PACKET: 06967 Regular Payments 2014 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK V� oR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NON AMOUNT 02580 TEXAS WORKFORCE COMMISSION I-QE 9/30/14 OF 9/30/14 D 10/23/2014 963.43CR 000000 963.43 18190 DEPARTMENT OF INFORNATION RESOURCE I-15091028M SEPT LONG DISTANCE R 10/23/2014 21.23CR 058306 21.23 18340 FIRST ADVANTAGE BACKGROUND SVCS 1-5502211407 C. GETTER 7/31/14 R 10/23/2014 16.25CR 058307 1-5652451409 BACKGROUND CHECK R 10/23/2014 36.50CR 058307 52.75 1 GOETZ, FAYE I-GOETZ 2014 CONE CENTER DEP R 10/23/2014 100.000R 058308 100.00 01170 HOLLINGSWORTH MFG CO.INC. I-6655 GATED DOORS FOR SWITZER R 10/23/2014 2771714.80CR 058309 21774.80 25060 LEMONS PUBLICATIONS INC I-3188 SEPT SANGER NEWS R 10/23/2014 270.000R 058310 270.00 25630 PACHECO KOCH, LLC I-30910 MCREYNOLDS RD BEGIN R 10/23/2014 361126.10CR 058311 36,126.10 277150 SAMAN'THA SPRINGS BOTTLING I-129381 WATER COOLER R lOY23/2014 18.000R 058312 I-13"926 WATER COOLER R lOY23/2014 12.90CR 05B312 30,90 27920 SIGNSDIRECT I-081114-2 REFLECTIVE CHEVRONS R 10/23/2014 58.000R 058313 56.00 1 STRAUBNUELLER, ANNETTE I-STRAUBMUELLER DOM CE R 10/23/2014 100.000R 058314 100.00 2 TEAGUE NALL AND PERKINS, INC I-13247-10 CEBG SENSE PROJECT R 10/23/2014 1,6B7.72CR 058315 1,687.72 * i T 0 T A L S * ' NO# DISCOUNTS CHECK ART 'TOTAL APPLIED REGULAR CHECKS: 10 0.00 41,221.50 41,221.50 HANDWRITTEN CHECKS: 0 LIST 0.00 0.00 PRE -WRITE CHECKS: 0 O.SL 0.00 PING DRAFTS: 1 0.00 963.43 963.43 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 11 0.00 42,184.93 42,184.93 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 10/29/2014 11:24 AM A / P CHECK REGISTER PAGE: 1 PACKET: 06981 Regular Payments FY 2014 VENDOR SET: 99 BANK POOL, POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VL.. jR NAME / I.O. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 03110 CARDINAL TRACKING INC. I-106829 BADGE SERVER MIGRATION R 10/29/2014 600.000R 058349 600.00 1 COOK, ASHLEE I -COOK 2014 CON DEPOSIT R 10/29/2014 100.000R 058350 100.00 2-)700 GIFFORD ELECTRIC I-14386 STORM SIREN R lOY29/2014 331000.00CR 058351 33,000.00 1 HOLY TEMPLE I -HOLY TEMPLE 2014 COM DEPOSIT R 10/29/2014 100.000R 058352 100.00 1 PATTERSON, HEATHER I-PATTERSON 2014 COM BOOM R 10/29/2014 100.60CR 058353 100,00 27600 TOMLINSON BALL FIELD MATERIAL I-101519 INFIELD SAND/CLAY - PORTE R 10/29/2014 955.15CR 058354 955.15 ' * T 0 T A L S * ' NO$ DISCOUNTS CHECK ART TOTAL APPLIED REGULAR CHECKS: 6 0.00 34,855.15 34,855,15 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 6 0.00 34,855.15 34,855.15 TO'. ROBS: 0 TOTAL WARNINGS: 0 MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW P.O. Box t269 Round Rock, Texas 78680 GILEERT T. BRAGG ATTORNEY AT LAW October 23, 2014 Ms. Tammy Tabor City Secretary, City of Sanger P.O. Box 1729 Sanger, Texas 76266 TELE.512-323-3200 FAx:512-323-3205 Re: Cause No. 2012-0382-367, The County of Denton, Texas vs. Tommy Lang AKA Tomie Lang Account No. 56779DEN Dear Ms. Tabor: The property in the above referenced tax suit was offered for sale by the Sheriff of Denton County. No one bid on the property, and it was bid in trust to the County of Denton, Trustee for itself, The City of Sanger and Sanger Independent School District. Dary Shelton has tendered an offer of $2,100.00 to purchase said property. Please place the enclosed Resolution on the City Council's agenda at your earliest opportunity. The Resolution details the amount of taxes due to each taxing jurisdiction in the judgment. The Trustee will first pay the expenses of the suit and sale. The remainder will be distributed to the taxing jurisdictions on a prorated basis as shown in the judgment. Otherwise, I believe that the Resolution is self explanatory. If you have any questions, please call me. If you feel that it is necessary for me to be present at the meeting when this item is discussed, please call me and we will set up a time. Please send me a copy of the Resolution after• it has been signed, and I will continue the steps necessary to dispose of this property. I have enclosed a self addressed stamped envelope for your convenience. Sincerely yours, 000Z Gilbert T. Bragg GTB:csw Enclosures RESOLUTION # Rf I'I O-I� `Thereas, Cause No. 2012-0382-367, The County of Denton, Texas vs. Tommy Lang AKA Tomie Lang, was filed in the .jistrict Court of Denton County, Texas to collect delinquent taxes on the following described property, to wit: .169 Acre out of Abstract 1241 of the Tierwester Survey, Tract 309, Old DCAD Tract 68, Sheet 2, City of Sanger, Denton County, Texas, Volume 181, Page 20 of the Deed Records, Denton County, Texas Whereas, the District Court of Denton County, Texas granted Judgment on October 18, 2013, in or of the taxing jurisdictions of Denton County as follows: County of Denton $490.89 City of Sanger, Texas $13113,96 Sanger ISD $25688,48 Total Due $4,293.33 Market Value $75362,00 (According to Denton Central Appraisal District) Whereas, said parcel of land was offered for sale on July 1, 2014, by the Sheriff of Denton County at publtc'auction pursuant to judgment of the District Court of Denton County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest; and Whereas, said parcel of land did not receive sufficient bids as set by law and was struck off to the The County of Denton, Texas, Trustee, in trust for itself, City of Sanger and Sanger Independent School District pursuant to Section 34.01(c) Property Tax Code; and hereas, the taxing units involved desire to resell said parcel of land in an expeditious manner pursuant to Section 34.05 Property Tax Code: and Whereas Dary Shelton has tendered an offer of $2,100.00 to purchase said property, Wherefore, Be It Resolved that the City Council for the CITY OF SANGER does hereby authorize the presiding officer of this body to execute a Deed Without Warranty to Dary Shelton for the purchase price of $2,100.00. This resolution is adopted on this the day of , 2014 by the City Council for CITY OF SANGER. PRESIDING OFFICER SECRETARY Agreement for Professional Services APAI Project No. 1416-003-01 Agreement for Professional Services between City of Sanger, Texas and Alan Plummer Associates, Inc. THIS AGREEMENT is made and entered into by and between the City ofi Sanger, Texas, (hereinafter "Owner"), 502 Elm Street, Sanger, Texas, and ALAN PLUMMER ASSOCIATES, INC. (hereinafter "Engineer"), 1320 South University Drive, Suite 300, Fort Worth, Texas 76107 on this the of , 2014 and to have an Effective Date for all eligible engineering services rendered on and after the execution date of this Agreement. Owner intends to investigate, analyze options and design improvements associated with the rehabilitation, augmentation or replacement of the Cowling Road Lift Station and Force Main and as further described in Exhibit A, "Scope of Services" and hereinafter called the Project as set forth in this Agreement. Owner and Engineer, in consideration of the mutual covenants herein, agree with respect to the performance of professional engineering services by Engineer with respect to the Project and the payment for these services by Owner as set forth herein. SECTION 1 —BASIC SERVICES OF ENGINEER 1 A The Owner has retained Engineer to provide professional services. These parties have not entered into any joint venture or partnership with the other. The Engineer is not to be considered the agent of the Owner. 1.2 Engineer shall provide for Owner professional engineering services for all phases of the Project to which this Agreement applies as hereinafter provided. 1.3 By execution of this Agreement, Owner authorizes Engineer to provide Basic Services for the Project in accordance with Exhibit A, "Scope of Services." SECTION 2 -ADDITIONAL SERVICES OF ENGINEER If authorized in writing by Owner, Engineer shall provide, or obtain from other qualified persons or firms, Additional Services that are not included as part of the Basic Services of Engineer. Additional Services may Include: 2.1 Services resulting from significant changes in the general scope, extent or character of the Protect designed or specified by Engineer or its design including, but not limited to, changes in size, complexity, Owner's schedule, means and methods of operation, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond Engineer's control. A(mi Plvninier A,ancinres, Lrc Agreement for Professional Services APAI Project No. 1416-003-01 2.2 Unless specifically set forth in Basic Services of Engineer, Basic Services do not include costs of the Engineer for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation or administrative proceedings taken or defended by the Owner, for this Project. All such services required or requested of the Engineer by the Owner, except for suits or claims between the parties to this Agreement, will be reimbursed as may be mutually agreed, and payment for such services shall be in accordance with Section 5. 2.3 Services resulting from significant delays orwork stoppages In Protect schedule which occurred through no fault of Engineer. 2.4 Additional Services in connection with the Project, including services which are to be furnished by Owner in accordance with Section 3 and services not otherwise provided for in Basic Services as specified in Section 1 of this Agreement. SECTION 3 •OWNER'S RESPONSIBILITIES Owner shall perform the following in a timely manner so as not to delay the services of Engineerand bear ali costs incident thereto: 3.1 Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, and interpret and define Owners procedures, policies and decisions with respect to Engineer's services for the Project. 3.2 Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints; space, capacity and performance requirements; and flexibility, expendability, and any budgetary limitations, Also furnish copies of design and construction standards which Owner will require to be included in the Contract Documents. 3.3 Assist Engineer by placing at Engineer's disposal available information pertinent to the Protect including previous reports; geotechnical Information; utility locations; property descriptions, zoning, deed and other land use restrictions; and any other data relative to design or construction of the Project. Engineer shall be entitled to rely upon the accuracy of data and information provided by Owner without independent review, evaluation or verification. Engineer shall not be liable for any claims for injury or loss arising from errors, omissions or Inaccuracies in documents or other information provided by the Owner. 3.4 Arrange for access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Agreement. 3.5 Require Contractor performing the Project Work to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Project Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insured with respect to such liability and other insurance purchased and maintained by Contractor for the Project. 3.6 Examine studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer and render in writing comments and decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. 3.7 Identify property for easements and rights -of -way required for construction of the Project. 2-I1 AInn YLrmmer.4scocinres, Irvc Agreement for Professional Services APAI Project No. 1416-003-01 3.8 Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or scheduling of Engineer's services, or any defect or nonconformance in the work of the Engineer or Contractor perform work prepared by Engineer. 3.9 Owner shall pay Engineer as set forth in Section 5 of this Agreement. SECTION 4 —SCHEDULE FOR RENDERING SERVICES 4A The provisions of this Section 4 and the various rates of compensation for Engineer's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of all phases to which this Agreement applies. Engineer is authorized to begin rendering services as of the Effective Date. 4.2 Engineer shall complete its obligations within a reasonable time. Specific periods of time and/or completion dates for rendering services are set forth in Exhibit A, "Scope of Services", and are hereby agreed to be reasonable. 4.3 If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of the Project is impaired, or Engineer's services are delayed or suspended, then the time of completion of services and the rates and amounts of compensation shall be adjusted equitably. 4A If Owner requests modifications or changes in the scope, the period of service and the rates and amount of compensation for Engineer's services shall be adjusted equitably. SECTION 5 —PAYMENTS TO ENGINEER 5A Owner shall pay Engineer for Basic Services rendered under Section 1 and Additional Services rendered under Section 2 in accordance with the provisions of Exhibit A, "Scope of Services." 5.2 Engineer shall submit monthly statements for services rendered. Owner shall make prompt payments in response to Engineer's monthly invoices. Engineer invoices are due and payable within 30 days of receipt. 5.3 If Owner objects to any portion of an invoice, Owner shall notify the Engineer within fourteen (14) days of the invoice date, identify the specific cause of the disagreement, identify the payment portion to be withheld and pay when due that portion of the statement not in dispute. 5.4 Engineer may, after giving fourteen (14) days written notice to Owner, suspend services under this Agreement until Owner has paid In full all amounts due for services, expenses, and other related charges, Owner waives any and all claims against Engineer for any such suspension. 5.5 Payment upon Termination 5.5.1 In the event of any termination under Paragraph 7.8, Owner shall pay Engineer for all services performed and all reimbursable expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the right to the use of Documents subject to the provisions of Paragraph 7.6, 5.5.2 In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to Invoicing for those items identified in Paragraph 5.5.1, to receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, 3-11 .Karr P(e»rmer slssociNes, brc Agreement for Professional Services APAI Project No. 1416-003-01 costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services, 5.6 If after the Effective Date any governmental entity takes a legislative action that imposes new taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a multiplier factor of 1.0 (zero (0) percent mark-up) shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit A, "Scope of Services". 5.5 Records of payment, direct labor costs, and reimbursable costs pertinent to Engineer's compensation for Project will be kept in accordance with generally accepted accounting principles. Engineer is only obligated to maintain these records for a period of three years following date of final payment for services rendered under this Agreement, until conclusion of any litigation to this Agreement, and until all other pending matters under the funding for this project are resolved. SECTION 6 —OPINIONS OF COSTS 6.1 Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, Engineer's Opinions of Probable Construction Cost provided for herein are to be made on the basis of experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional, generally familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from Opinions of Probable Construction Cost prepared by Engineer or prepared by others and reviewed by Engineer. 6.2 Engineer's services, if any, with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. SECTION 7 —GENERAL TERMS AND CONDITIONS 7.1 The Engineer will strive to perform services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing similar work in the same locality under similar conditions during the same time. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement or in any report, opinion, and document or otherwise. 7.2 Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies In technical accuracy without additional compensation, unless such corrective action Is directly attributable to deficiencies in Owner provided information. 7.3 Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. 7.4 Subject to the standard of care set forth in Paragraph 7,1, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards, 7.5 Compliance with Laws, Regulations, Policies, Procedures, and Standards 7,5.1 The laws of the State of Texas will govern the validity of this Agreement, its interpretations and performance, and remedies for any claims related to this Agreement. Engineer and Owner shall comply with applicable Laws and Regulations. 4-11 Alnn Plummer A.esncintes, Iec Agreement for Professional Services APAI Project No. 1416-003-01 7.5.2 The Engineer's professional services shall incorporate those publicly announced federal, state and local laws, regulations, codes and standards that are applicable before the Effective Date. In the event of a change in a law, regulation, et al., the Engineer shall assess its impact. If, in the Engineer's professional opinion, the impact is such to significantly affect the Engineer's compensation or the period of service, then the compensation and/or period of service can be renegotiated. 7.5.3 Owner shall provide to Engineer in writing any and all policies, procedures, and standards of Owner applicable to Engineer's performance of services under this Agreement. Engineer shall comply with such policies, procedures, and standards subject to the standard of care set forth in Paragraph 7.1 and to the extent compliance is not inconsistent with professional practice requirements. This Agreement is based on Laws, Regulations and Owner provided written policies, procedures and standards as of the Effective Date. Changes after the Effective Date may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, time of performance, or compensation. 7.5A Engineer shall not be required to sign any document that would result in the Engineer having to certify, guarantee, or warrant the existence of unascertainable conditions. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due contingent upon the Engineer signing such documents. 7.6 Ownership and Reuse of Documents 7.6.1 Contract documents, reports, plans, specifications, memorandums, or other delivered documents (furthermore known as Documents), in printed paper format (also known as hard copies) prepared or furnished by Engineer or Engineer's independent Consultants, pursuant to this Agreement are instruments of service and shall become the property of the Owner subject to Engineer's receipt of full payment for all services relating to preparation of the Documents. Engineer shall have the right to retain copies of Documents for information and reference. Signed and sealed printed form documents and plans shall be deemed superior and shall govern over same electronic format documents. 7,6.2 Owner acknowledges that Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, Owner also acknowledges that Documents are not Intended or represented to be suitable for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer. Any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants. 7.6.3 OWNER shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer. Any such verification or adaptation will entitle Engineer to further compensation at rates indicated as an Additional Service. 7.6.4 Either party to this Agreement may rely that data or information set forth on Documents that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. 7.6.5 Electronic documents and electronic information delivered to the Owner is provided for convenience only. Engineer makes no representation as to the suitability, compatibility, usability, readability, reliability or durability of any document or information transmitted S-II Ilan Plunnner Asrociules, Mc Agreement for Professional Services APAI Project No. 1416-003-01 electronically or in an electronic media format on portable devices or of the software application packages, operating systems, or computer hardware of the Owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 7.7 Insurance 7.7,1 Enginaer, as a minimum, shall maintain insurance of a form and in amounts as required by state law and as set forth in Exhibit C, "Insurance". Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. 7.8 Suspension and Terming#ion 7.8.1 Owner may suspend the Protect upon seven days written notice to Engineer. Engineer may, after seven days written notice to Owner, suspend services if Engineer's performance has been substantially delayed through no fault of Engineer. Any suspension shall extend the period of service in a manner that is satisfactory to both the Owner and the Engineer. 7.8,2 Termination Services under this Agreement may be terminated: 7.8.2.1 For cause by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party, 7.8.2.2 By Engineer upon 30 days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional. 7.8.2.3 For convenience, by Owner effective upon Engineer's receipt of notice from Owner, Engineer shall have no liability to Owner on account of such termination. The terminating party may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Documents in orderly files. 7.9 Successors, Assigns and Beneficiaries 7.9.1 Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 7.9.2 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreementand to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, Agreements, and obligations of this Agreement. 7.9.2 Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.9.3 Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, other individual or entity, or to any suretyfor or employee of any of them. All duties and responsibilities undertaken pursuant 6-tl Alan Plummer Associates, Ltc Agreement for Professional Services APAI Proiect No. 1416-003-01 to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 7.10 Dispute Resolution 7.10.1 Owner and Engineer agree to negotiate all disputes between them in good faith for a period of time mutually agreed upon from the date of notice prior to invoking other provisions of this Agreement, or exercising their rights under law. If the parties fail to resolve a dispute through negotiation then either or both may invoke the other provisions of this Agreement. If no other provisions are provided, then the parties may exercise their rights under law. 7.10.2 Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation by a mutually agreed upon mediator. Owner and Engineer agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 180 days. If such mediation is unsuccessful in resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. 7.11 Hazardous Conditions and Materials at Project Site 7.11.1 When hazardous conditions or materials such as Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other hazardous substances, hereafter referred to as Constituents of Concern are known, assumed or suspected to exist at the Project site, Engineer is required to take appropriate precautions to protect the health and safety of Engineer's employees, to comply with the applicable laws and regulations and to follow procedures deemed prudent to minimize physical risks to employees and the public. By execution of this Agreement, Owner acknowledges it has or will disclose to Engineer in writing the existence of all known and suspected Constituents of Concern located at or near the Site, including type, quantity, and location. 7,11.2 Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. 7.11.3 Constituents of Concern may exist at a site where there is no reason to believe they could or should be present. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. 7,114 It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern unless specifically indicated in ExhibitA "Scope of Services". If Engineer or any other partyencounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessarywith respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. 7.11.5 If the presence of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. OWNER agrees that the discovery 7-il Alnrr Plunvner Assncfines, lnc Agreement for Professional Services APAI Projeel No. 1416-003-01 of undisclosed Constituents of Concern constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. 7.11.6 Owner acknowledges that Engineer Is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner" "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site In connection with Engineer's activities under this Agreement. 7.12 Indemnification and Mutual Waiver 7.12.1 To the fullest extent permitted bylaw, Engineer shall indemnify and hold harmless Owner from reasonable claims, costs, losses, and damages arising out of Engineer's negligent act or omission of Engineer from services performed under this Agreement provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom. It is specifically understood and agreed that in no case shall the Engineer be required to pay an amount disproportional to Engineer's culpability, or any share of any amount levied to recognize more than actual economic damages. 7.12.2 Owner shall indemnify and hold harmless Engineer as required by Laws and Regulations. 7.12.3 To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer from and against any and all claims, costs, losses, and damages caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. 7,12A In the event of joint or concurrent negligence of Engineer and Owner each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. 7.12.6 The Owner shall not be liable to the Engineer and the Engineer shall not be liable to the Owner for any special, incidental or consequential damages, including, but not limited to, loss of use and loss of profit, incurred by either party due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the Owner, or the Engineer or their employees, agents or subcontractors. 7.12.6 Nothing in the provisions of Section 7.12 is intended or shall be construed to waive any sovereign Immunity protections provided by the Owner as a governmental subdivision of the State of Texas under laws of the State of Texas. 7.13 Miscellaneous Provisions 7.13.1 Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreemeht will survive its completion or termination for any cause. 7.13.2 Severability: Any provision or part of the Agreement held to be void or unenforceable under any Law or Regulation shall be deemed stricken, the enforceability of the remaining provisions shall not be impaired thereby. Owner and Engineer agree that the Agreement shall be S-I1 Alani PLrm»ter Associates, Inc Agreement for Professional Services APAI Project No. 1416-003-01 reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 7.113 Waiver: A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 7.13A Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion, 7.13.5 Personnel and Facilities: The Engineer has, or will secure at his own expense, personnel, equipment and other materials and supplies required to perform the services under this Agreement within the period of service set forth in Section 4. Engineer may subcontract a portion of these services, but these Subcontractors shall be subject to written approval by the Owner. Such personnel shall not be employees of nor have contractual relationship with the Owner. 7.13.6 Force Majeure: Neither Owner nor Engineer shall be liable for faults or delays caused by any contingency beyond his control, including, but not limited to, acts of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies. 7,133 Separate Provisions: If any provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions shall be valid and binding. 7.13.8 Conflicts: In the event of a conflict between the main text of this Agreement and any Exhibit thereof, provisions of the main text shall govern. 7.13.9 Access to Records: The Owner or designated representative has the right to access and to audit, inspect, copy and examine books, financial records, and otherdocuments relating directly to receipt and disbursement of funds for this project. SECTION 8—DEFINITIONS As used herein, the following words and phrases have the meanings indicated, unless otherwise specified in various sections of this Agreement: 8A Agreement: This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 9 and any duly executed amendments. 8.2 Constituent of Concern: Any substance, product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U,S.C. §§9601 et seq, ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U,S,C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA" ); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (a) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S,C, §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8.3 Construction Cost: The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of an or rights -of -way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing Nm� Pluuvner Assncinter, Inc Agreement for Professional Services At Project No. 1416-003-01 charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs, 8.4 Effective pate: The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 8.5 Reimbursable Expenses: Actual expenses incurred by Engineer directly in connection with providing services for the Project. These include, but are not limited to, transportation and subsistence; reproduction and printing; communications; postage and express mail; equipment rental; and expense of computers and other specialized equipment. 8,6 Substantial Completion: The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Owner or Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 8.7 Total Project Costs: The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights - of -way, compensation for damages to properties, Owners costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. SECTION 9 —EXHIBITS AND PROVISIONS 9.1 The following Exhibits are attached to and made a part of this Agreement: 9.1.1 Exhibit A, "Scope of Services" 9A.1 Exhibit B, "Hourly Fee Schedule" 9.1.3 Exhibit C, "Insurance" 9.1.6 Exhibit D, "Amendment to Agreement" 9.2 Engineer Certification Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing foror in executing the Agreement. For the purposes of this Paragraph: 9.2.1 Corrupt Practice: The offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the Agreement execution. 9.2.2 Fraudulent Practice: Intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition. 9.2.3 Coercive Practice: Harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. 10-]I Alnn Phunnier da.cncinles, Ls Agreement for Professional Services APAI Project No. 1416-003-01 THIS AGREEMENT, consisting of Pages 1 to 11 inclusive, together with the Exhibits identified above, constitutes the entire Agreement between Owner and Engineer and supersedes all prior written and oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified or canceled through a duly executed written instrument, IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. OWNER: City of Sanger, Texas By: Title: Witness: ENGINEER: ALAN PLUMMER ASSOCIATES, INC. n-u Aln+r Plummer Assncintes, h+c ExHiBir a SCOPE OF SERVICES Agreement for Professional Services APAI Project No. H W003.01 EXHIBIT A SCOPT OF SERVICES LIFT STATION — EVALUATION PHASE I, BACKGROUND The City of Sanger (OWNER) requests and authorizes Engineer to perform BASIC ENGINEERING SERVICES to perform Investigation and Analysis, Preliminary Design, Detailed Design, Bid Phase, and Construction Phase Services for the Cowling Road Lift Station and Force main. This project will consist of two phases, as follows. Phase I —Investigation, Analysis and Comparison of Options. Phase I will consist of general engineering consulting services required to investigate and analyze options for improving or replacing the existing Cowling Road lift station and force main. Major activities include: • Data collection and Operator Interviews. • Hydraulic analysis and preliminary equipment sizing of options for existing and future Flow conditions • Evaluation matrix comparison of options Phase II —Design, Bid Phase, and Construction Phase Services. The Phase II Scope of Services will be developed after the substantial completion of Phase I and shall include the preparation of conceptual and preliminary design and final construction plans and specifications. Major activities will be finalized during Phase I but shall generally include: • Development of conceptual design plans prior to the Phase II Kickoff Meeting. • Development of a preliminary design site plan and area plans) depicting the recommended improvements. • Development of 60% quality control plans, 90% quality control plans and Final design plans for the recommended improvements. • Preparation of technical specifications to fully describe the intended work and convey the intent of the design. • Calculation and presentation of an Opinion of Probable Construction Cost (OPCC) based upon the conceptual design plans, preliminary design plans and each quality control plan review set submitted. II. BASIC SERVICES Basic Services for Phase 1 provided by the ENGINEER shall generally be covered under the following activities: Activity A —Project Coordination and Activity B —Lift Station Evaluation. Specific tasks for each activity are identified in the following sections. 1-6 Alcor PGrmmer Asenciates, /nc. Agreement for Professional Services APAI Project No. 1416-003-01 ACTIVITY A . PROJECT COORDINATION Task 1—Kickoff Meeting and Meeting Preparation ENGINEER shall prepare for and participate in a Project kick-off meeting for the Lift Station and Force Main Evaluation (Phase 1). At the kick-off meeting ENGINEER shall confirm with the OWNER the scope of work, deliverables, schedule and administrative protocols. 1. ENGINEER shall prepare and present at the kickoff meeting the following; a. ENGINEER will present an overview of work to be completed. b. Draft Project Management Plan including critical success factors. c. Draft criteria to be used in the matrix evaluation of the options presented. d. Project schedule. 2. ENGINEER shall prepare and distribute draft meeting notes for review within 5 — 7 business days of the kickoff meeting. After receipt of comments, the meeting notes shall be finalized and distributed to the team for record purposes. Deliverables: • Draft and Final Meeting Notes • ProJeci Management Plan • Baseline Evaluation Schedule Task 2 —Monthly Progress Meetings Monthly Progress Meetings -ENGINEER shall coordinate, prepare for, and conduct coordination monthly meetings to review progress with the OWNER and the consultants working on the design. Meetings shall take place at the OWNER's office in Sanger. a. ENGINEER shall prepare an agenda for the meetings b. ENGINEER shall moderate the meetings. c. ENGINEER shall prepare and distribute draft meeting notes for review within 5 business days of the progress meeting. After receipt of comments, the meeting notes shall be finalized and distributed to the OWNER and sub -consultants for record purposes. d. Up to three (3) monthly progress meetings shall be held; the budgeted meetings are in addition to the kickoff meeting. Deliverables: Draft and Final Meeting Notes 2-G dlan Plunaner Assncintes, Mc. Agreement for Professional Services APAI Project No. 1416-003-01 Task 3 — Project Management Provide project management for Activities A and B. Project management shall include, but not be limited to developing and implementing a project management plan; tracking and managing internal schedules of work; monitoring and addressing issues related to the scope of work, budget and deliverables; preparing and processing monthly billings; providing labor resources necessary to fulfill scoped work; scheduling and participating in quality control reviews; and providing updates to the OWNER on a regular basis. a. ENGINEER shall coordinate design efforts on project casks idened below. bI ENGINEER shall prepare a common monthly invoice for all Phase I services. Deliverables m Monthly Invoices ACTIVITY B —LIFT STATION EVALUATION Task 1— Investigation and Data Collection a. The ENGINEER will collect data and investigate the existing tiff station as follows: 1, Perform interviews with operations personnel selected by the OWNER. 2. The OWNER shall provide any of the follow data that are available from existing instrumentation record or prior improvement projects and studies: a. Record drawings from the lift station and force main construction and any subsequent modification projects. b. Shop Drawings (submittals) associated with the procurement of the existing pumps, motor drives/starters. c, Flowmeter data and run time data. d. Power consumption records. e. Population and development planning data. 3. The ENGINEER shall visit the site and inspect the condition of mechanical, structural and electrical components of the lift station wet well, influent manholes and discharge manhole then submit findings in a Condition Assessment Technical Memorandum. The OWNER shall provide comments on the submittal and the ENGINEER shall respond in writing to the OWNER's comments. 4. The ENGINEER shall review the available and make prudent planning assumptions as necessary lo: a. Calculate the existing lift station design and peak flow rate. b. Estimate future recommended lift station design and peak flow rate. 5. The ENGINEER shall submit a Hydraulic Evaluation Technical Memorandum to the OWNER summarizing the data collected, assumptions used and calculatedlestimated total dynamic head requirements for the range of design flow rates for comment. The OWNER shall provide comments on the submittal and the ENGINEER shall respond in writing to the OWNER's comments. 3-6 Alau PGuaurer A.csaciNec, hm. Agreement for Professional Services bI Deliverables: • Draft and Final Condition Assessment Technical Memorandum • Draft and Final Hydraulic Evaluation Technical Memorandum Task 2 — Comparison of Options APAI Project No. 1416.003-01 a. Based upon the conditlon and hydraulic investigation the ENGINEER shall develop improvement options for the OWNER including: 1. Modification of the existing lift station to convey current and future flow rates, 2, Modification of the existing lift station and construction of parallel lift station and force main capacity to meet current and future flow rates. 3. Construction of a new lift station capable of conveying current and future flow rates. The options shall be detailed to a planning level, development of conceptual design information including but not limited to site plans, area plans and equipment selection if requested by the OWNER shall be provided as an Additional Service. b. The ENGINEER shall complete a Life Cycle Cost for each option incorporating capital, operations and maintenance expenses over a period recommended by the ENGINEER and accepted by the OWNER. The capital component shall be presented as an Opinion of Project Cost (OPC). The Life Cycle Cost for each option is of limited detail incorporating the cost of major improvements and component systems with recommended allowances, contingencies, utility, manning and personnel costs. The ENGINEER shall prepare and submit a Life Cycle Cost Memorandum to the OWNER documenting the basis of the costs presented. The OWNER shall provide comments on the submittal and the ENGINEER shall respond in writing to the OWNER's comments. c. Based on the criteria accepted at the Kickoff Meeting the ENGINEER shall develop an options evaluation matrix to assist fhe OWNER in determining the best approach improving the lift station. d. Deliverables: • OPC (Option 1 — 3) and Life Cycle Cost Memorandum Task 3 —Evaluation Comparison Workshop a. Participate in one (1) 2 to 4 hour workshop wish OWNER's personnel to review the Evaluation Matrix. The meeting shall occur in concert with a monthly progress meeting. ENGINEER shall furnish an electronic (EXCEL) file containing the Evaluation Matrix and instructions to the OWNER for review and scoring prior to the workshop. b. ENGINEER shall prepare and distribute draft workshop notes for review within 5 — 7 business days of the Evaluation Comparison Workshop. After receipt of comments, the notes shall be finalized and distributed to the team for record purposes. 4-6 Alcor Pluninter• Astsncintcr, hrc. Agreement for Professional Services APAI Project No. I416-003-01 Deliverables: • Drait and Pinal Evaluation Comparison Workshop Notes ADDITIONAL SERVICES Additional Services are those services not included in General Services that may be required for the Project but cannot be defined sufficiently at this time to establish a Scope of Work. These include, but are not necessarily limited to the following: a. Other services not included in Basic or Special Services that are approved by the OWNER. b. Archeological investigations c. GIS processing of geophysical and/or geotechnical data beyond the assumptions provided in Basic or Special Services. d. Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications. e, Providing additional copies of reports, plans, specifications, OPCC's and contract documents beyond those specifically described in Basic and Special Services. f. Preparing environmental impact statements, storm water discharge permits, and 404 permit applications, except as specifically included in the Basic Engineering Services. g. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. h. Payment of fees for permit applications and publication(s) of notices. i. Public relation activities and consulting services. j. Services known to be required for completion of the PROJECT that the OWNER agrees are to be furnished by the ENGINEER or by a sub -consultant that cannot be defined sufficiently at this time to establish the maximum compensation. 5-6 �r1ue Phnnnier A.ecnciates, hoc. Agreement for Professional Services APAI Project No. 1416-003-01 IV. COMPENSATION OWNER will compensate ENGINEER on a cost reimbursable basis for the SERVICES rendered at Engineer's hourly rates included in EXHIBIT B. All direct non -labor expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the BASIC ENGINEERING SERVICES, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. The total fee ceiling is broken down below by task as defined in the Scope of Services: Activity The Task Description Fee Ceiling Activity A PROJECT COORDINATION Task 1 Kickoff Meeting and Meeting Preparation $ 41440 Task 2 Monthly Progress Meetings $ 6,700 Task 3 Project Management $ 53600 ODC Other Direct Costs $ 2,760 SUBTOTAL ACTIVITY A $19,600 Activity B LIFT STATION EVALUATION Task 1 Investigation and Data Collection $ 267760 Task 2 Comparison of Options $ 16,086 Task 3 Evaluation Comparison Workshop $ 4,220 QC Quality Control $ 21250 ODC Other Direct Costs $ 11150 SUBTOTAL ACTIVITY B $ 60,466 Total Fee $ 69,966 ENGINEER may submit interim statements, not to exceed one per month, for partial payment for SERVICES rendered. The statements to OWNER will be by as for the percentage of work actually compleied. The OWNER shall make interim payments within 30 calendar days in response to ENGINEER's interim statements. No budgetary allowance has established for Additional Services. Additional services must be authorized by amendment of the agreement. Time and materials billing for ENGINEER'S labor will be at the hourly rates provided below. ENGINEER's direct expenses, including subcontractor expenses, will include a multiplier of 1.15. IV, SCHEDULE The time period for performance BASIC SERVICES of Engineer and as detailed above shall be completed within 120 days of the execution date of this Agreement plus such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the final design documents, if such approval is to be obtained during the Final Design Phase, 6-6 Alan Phunnicr A,rsociotes, brc. EXHIBIT B HOURLY FEE SCHEDULE EXHIBIT B ALAN PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2014 Staff Description Staff Code Range of Billing Rates Admin Staff Al A3 $ 60.00 - $ 80.00 Senior Admin Staff A4 $ 90.00 - $ 110.00 Designer/Technician CI-C2 $ 56.00 - $ 103.00 Senior DesignerlTechnician C3-C4 $ 95.00 - $ 135.00 Engineer-in-Training/Scientist-in-Training ESO-ES3 $ 85.00 $125,00 Project Engineer/Scientist ES4 $112,00 - $140.00 Senior Project Engineer/Scientist ES5 $130.00 - $160.00 Project Manager ES6 $140,00 - $198,00 Senior Project Manager ES7 $190.00 - $240.00 Electrical Engineer E1 $115,00 - $165,00 Senior Electrical Engineer E2 $185,00 - $250,00 Structural Engineer S1 $115.00 - $165,00 Senior Structural Engineer S2 $185,00 - $250,00 Principal ES8-ES9 $220.00 - $300,00 Billing rates are based on "salary cost" times a multiplier of 2.3. Salary cost is based on direct payroll costs times 1.43. Salary cost includes direct payroll costs, payroll taxes, vacation, holiday, sick leave, employee insurance, and other fringe. Range of billing rates shown may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. The multipliers shown will not be adjusted. A multiplier of 1.15 will be applied to all direct expenses. M3.29_2014 ExwlBl-r c INSURANCE EXHIBIT L7 f�TL� � i�� THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE CITY OF SANGER TEXAS THIS AMENDMENT is made and entered into by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, hereinafter "the County," and the City of Sanger, Texas, a duly organized and existing municipality, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." On November 26, 2013, the Parties entered into an Interlocal Cooperation Agreement under Denton County Commissioners Court Order Number: 13-0892, hereinafter "the original Agreement," for the purpose of providing for design and construction of drainage and paving improvements to McReynolds Road from FM 2164 to S. Jones Street, hereinafter "the Project." The Project was to be performed entirely within the boundaries of the City and Denton County Commissioner Precinct #1, at a total estimated project cost of THREE MILLION TWO HUNDRED SIXTY- FIVE THOUSAND THREE HUNDRED TEN AND N0/100 DOLLARS ($3,265,310.00) with the County agreeing to contribute an amount not to exceed TWO MILLION NINE HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($2,965,310.00) and the City agreeing to contribute an amount not to exceed THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00). WHEREAS, the Parties to the original Agreement now intend to amend Section II, Section III, and Section IV of the original Agreement in order to reflect additional construction and right-of-way acquisition with an increase in the total estimated cost of the completion of the Project to a revised total not to exceed FOUR MILLION THREE HUNDRED SEVENTY- SEVEN THOUSAND SEVEN HUNDRED NINETEEN AND NO/100 DOLLARS ($4,377,719.00). NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in the original Agreement and as contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City hereby agree to amend Section II, Section III, and Section IV of the original Agreement to reflect a revised total not to exceed FOUR MILLION THREE HUNDRED SEVENTY-SEVEN [CA - I st Amendment - Sanger— McRcyuolds Road Page] of 4 THOUSAND SEVEN HUNDRED NINETEEN AND NO/100 DOLLARS ($4,377,719.00) for completion of the Project. All other terms and conditions of the original Agreement are hereby affirmed by the Parties. The amended portions of the original Agreement are as follows: AMENDED SECTION II. The County and the City hereby agree that the scope of the Project shall be limited to providing for all necessary design and construction of drainage, right-of-way acquisition, paving, and construction of improvements to McReynolds Road from FM 2164 to S. Jones Street for a total estimated Project cost which shall not exceed FOUR MILLION THREE HUNDRED SEVENTY-SEVEN THOUSAND SEVEN HUNDRED NINETEEN AND NO/100 DOLLARS ($4,3771719.00). AMENDED SECTION III. The County hereby agrees to contribute an amount which shall not exceed THREE MILLION SEVEN HUNDRED SEVENTY-SEVEN THOUSAND SEVEN HUNDRED NINETEEN AND NO/100 DOLLARS ($3,777,719.00) toward satisfactory completion of the Project, provided that any and all funding is approved by formal action of the Denton County Commissioners Court. AMDENDF,D SECTION IV. The City hereby agrees to contribute an amount of SIX HUNDRED THOUSAND AND N0/100 DOLLARS ($600,000.00) toward satisfactory completion of the Project and to provide for all necessary design and construction of drainage, right-of-way acquisition, paving, and construction of improvements which may be required for satisfactory completion of the Project. In addition, the City will provide all inspections of the Project. This Amendment to the original Agreement shall replace and supercede Section II, Section III, and Section IV of the original Agreement between the Parties. All other provisions of the original Agreement shall remain in full force and effect unless modified by subsequent written amendment signed by both of the Parties to the original Agreement. This Amendment may be executed in multiple counterparts, attached to the original Agreement, and shall collectively constitute an Amendment to the original Agreement. All other terms and conditions of the original Agreement are hereby affirmed by the Parties. [CA - I st Amendment — Sanger —McReynolds Road Page 2 of 4 Executed this day llENTON COUNTY,1'EXAS 110 West Hickory Denton, Texas 76201 By: Honorable Mary Horn Denton County Judge Acting by and on behalf of the authority of The Denton County Commissioners Court ATTEST: Bv: Denton County Clerk APPROVED AS TO FORM: By: Assistant District Attorney 20141 CITY OF SANGER, TEXAS 502 Elm Street Sanger, Texas 76266 By Honorable Thomas Muir Mayor of the City of Sanger, Texas Acting by and on behalf of the authority of the City of Sanger, Texas ATTEST: City Secretary APPROVED AS TO FORM: By: City Attorney COUNTY AUDITOR'S CERTIFICATE I herby certify that funds will be available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor ICA - I st Amendment —Sanger— McReynolds Road Pagc 3 of 4 APPROVAL OF FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE CITY OF SANGER, TEXAS Denton County, Texas, acting by and through the Denton County Commissioners Coup, having been advised of the Project, hereby agrees to amend Section II, Section III, and Section IV of the Interlocal Cooperation Agreement, which was approved on November 26, 2013, under Denton County Commissioners Court Order Number: 13-0892. The First Amendment to the Interlocal Cooperation Agreement is necessary to amend Section II, Section III, and Section IV of the Original Agreement. Amended Section II, Section III, and Section IV will reflect an increase in Denton County's contribution toward satisfactory completion of the Project to a revised total not to exceed THREE MILLION SEVEN HUNDRED SEVENTY- SEVEN THOUSAND SEVEN HUNDRED NINETEEN AND NO/100 DOLLARS All other terms and conditions and provisions of the original Agreement ate hereby affirmed by the Parties and shall remain in full force and effect unless modified by a subsequent written amendment signed by all of the Parties to the original Agreement. Denton County, Texas, hereby gives its specific written approval of the Project prior to beginning the Project in satisfaction of the requirements of Interlocal Cooperation Act, Texas Government Code Chapter 791. By vote on this date, the Denton County Commissioners Court has approved the Project dentified above and authorized execution of this document by the presiding officer on behalf of Denton County, Texas, Presiding Officer of the Denton County Commissioners Court ICA - I st Amendment — Sangcr — Mci2eynolds Road Page 4 of 4 Task Order No, 2 to Agreement between the City of Sanger, Texas (CITY) and LNV, Inc. (CONSULTANT) for Consulting Services Task Order In accordance with Article II of the City of Sanger Consultant Services Agreement between the City and the Consultant, dated April 7 2014 ("Agreement"), City and Consultant agree as follows: Specific Project Data A. Title: Municipal Water Supply Wells B. Description: Prepare construction plans and specifications for the construction and installation electrical control piping and valves necessary to make a working system. There will be two 2. Services of Consultant The Consultant's scope of services is set forth in "Exhibit A —Scope of Services". 3. City's Responsibilities City shall have those responsibilities set forth in "Exhibit D — City's Responsibilities". 4. Times for Rendering Services The schedule for the performance of work is set forth in "Exhibit B —Schedule'. 5. Payments to Consultant The terms of payment are set forth in Exhibit C. Terms and Conditions: Execution of this Task Order by City and Consultant shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Consultant is authorized to begin performance upon its receipt of a copy of this Task Order signed by City. The Effective Date of this Task Order is CITY: CONSULTANT By: Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: E-Mail Address: Phone: Fax: By: Name: Pervez Jameel, P.E. Title: North Texas Area Manager Firm's Certificate No. F-366 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: David B. Hawkins, P.E. Title: Senior Project Manager Address: 102 Decker Ct, #240, Irving, Tx 75062 E-Mail dhawkins@Invinc.com Address: Phone: 972-550-9154 Fax: 972-550-9154 n:\dallas\sanger\140006 general engineering svcs\ae contract\task order no. 2\sanger task order no. 2.docx 2 of2 This is EXI3IBIT A, consisting of 10 _ pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order No. 2 dated Schedule of Engineer's Services Services to be provided under a Task Order may include the following: PART 1— BASIC SERVICES A.1.01 Study and Report Phase (NOT A PART OF THIS TASK ORDER) A.1.02 Preliminary Design Phase A. After determination by Owner of the scope, extent, character ot• design requirements of a Specific Project, including the acceptance with any specific modifications by Owner of Engineer's Report, if any, from a preceding phase or Specific Project, Engineer shall: 1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of a Specific Project. 2. Advise Owner if additional reports, data, information, or set -vices of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 3. Based on the information contained in the Preliminary Design Phase doctuents, submit a current opinion of probable Construction Cost and any adjustments to Total Project Costs known to Engineer, which will be itemized as provided in paragraph A.1.01.A.5. 4. FtnTiish the Preliminary Design Phase documents to and review them with Owner. Submit to Owner the number of final copies of the Preliminuy Design Phase documents and revised opinion of probable Construction Cost within the time period set forth in the Task Order. B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when final copies of the Preliminary Design Phase documents have been delivered to Owner. A.1.03 Final Design Phase A. After determination by Owner of the scope, extent, character, or design requirements of a Specific Project, including the acceptance of any specific modifications by Owner of a preceding phase or Specific Project, Engineer shall: On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the scope, extent, and character of the Work to be performed and funtished by Page 1 of 10 Exhibit A— Schedule of Engineer`s Services EJCDC E-505 Standard Form of Agreement Betiveen Owner and Engineer for Professional Smvices—Task Order Editimi Copyright C2004 National Society of Professional Engineers for EJCDC. All rights reserved. Contractor. Specifications will be prepared, where appropriate, in general conformance with the 16-division format of the Construction Specifications Institute, 2. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of a Specific Project and assist Owner in consultations with appropriate authorities. 3. Provide Owner a current opinion of probable Construction Cost and any adjushnents to Total Project Costs known to Engineer, itemized as provided in paragraph A.1.01.A.5. 4. Prepare and furnish Bidding Documents for review and approval by Owner, its legal counsel, and other advisors, as appropriate, and assist Owner in the preparation of other related documents. 5. Submit the mtmber of final copies of the Bidding Documents and a current opinion of probable Construction Cost to Owner within the time period set forth in the Task Order, B. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast -tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Post -Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to the Task Order whether or not the work under such contracts is to proceed concurrently. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established is identified in the Task Order, D. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by paragraph A.1.03.A.5 have been delivered to Owner. A.1.04 Bidding or Negotiating Phase A. The Engineer shall: 1. Assist Owner in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -Bid conferences, if any, and receive and process Contractor deposits or charges for the Bidding Documents. 2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents, 3. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding Documents. Page z of ra Exhibit A —Schedule of Engineer's Sevices EJCDC G-505 Standard Form of Agreement Behveen Owner and Engineer fmProfessionat Services —Task Order Cdidon Capyright ©2004 Notion Society of Professionat Engineers for EJCDC. All rights reserved. 4. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors (except as may be required if Exhibit F is a part of the Task Order), A.1.05 Construction Phase A. Engineer shall: General Administration of Colsstructiola Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of Engineer as assigned in said General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, who shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. Resident Project Representative (RPR). Provide the services of an RPR at the Site of the Specific Project to assist the Engineer and to provide more extensive observation of Contractor's work Duties, responsibilities, and authority of the RPR are as set forth in the Task Order and in Exhibit D, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative." The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in Exhibit D. 3. Selecting Independent Testing Laboratory. Assist Owner in the selection of an independent testing laboratory to perform the services identified in paragraph B.2A1.0. 4. Pre -Construction Conference. Participate in a pre -construction conference prior to commencement of Work at the Site. 5. Baselines and Benchn2arlrs. As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contactor to proceed. 6. Visits to Site and Observation of Construction. In connection with observations of Work in progress a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work in progress or to involve detailed inspections of the Work in progress beyond the responsibilities specifically assigned to Engineer in the Task Order and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such Page of 10 Exhibit A — Schedule of Engineer's Services EJCDC G505 Standard Donn ofAgrcament Bchveen Owner and Engineer for Professional Smvices—Tasl<Order Edidmr Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. observations, Engineer will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site of the Specific Project, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents, 7. Defective Wor•Ic Have authority to disapprove or reject Contractor's work while it is in progress if, on the basis of such observations, Engineer believes that such work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents, 8. Clarifrcatiorts and baterpr•etations; Field Order°s. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents, 9. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 10. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Stich reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Engineer has an obligation to meet any Contractors submittal schedule that has earlier been acceptable to Engineer. Pagc4 of 10 Exhibit A — Schedule of Enginem°s Services EJCDC G505 Standard I�'orm of Agreement Behvecn Ownmand Engineer for Professional Services —Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved, 11. Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by Contractor, but subject to the provisions of paragraph A.2.0l.A.23 of this Exhibit A. 12. Inspections and Tests. Require such special inspections or tests of the Work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contact Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 13. Disagreements between Owner• and Contractor. Render formal written decisions on all claims of Owner and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 14. Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contactor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, the Work has progressed to the point indicated, the quality of such is generally in accordance with the Contact Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contact Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contact Documents). The responsibilities of Engineer contained in paragraph A.1.05.A.6.a are expressly subject to the limitations set forth in paragraph A.1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of the Work as it is performed and furnished have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of the Work for the purposes of recomrending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work in progress or Page s of rd Exhibit A —Schedule of Engineer°s Services BJCDC E-505 Standard Form of Agreement Behveen Owner and Engineer fmProfessional Services—Tasl<Order Edition Copyright (02004 National Society of Professional Engineers for EJCDC. All rights reserved. for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contact Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. I5. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contact Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under paragraph A.1.05.A.10, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such Engineer's review will be limited as provided in paragraph A.1.05.A.10, c. Engineer shall tansmit these documents to Owner. 16. Substantial Completion. Promptly after notice from Contactor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 17. Final Notice of Acceptability of the Work. Conduct a final payment inspection to determine if the completed Worlc of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E ("Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of paragraph A.1.05.A.14.b) to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first Constuction Agreement for a Specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If a Specific Project involves more than one prime contract as indicated in the Task Order, Construction Phase services may be rendered at different times in respect to the separate contracts. C. Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Engineer shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contact Documents, Page 6 of 10 Exhibit A —Schedule of Engineer's Services GJCDC U505 Standard I�•am oC Agreemmnt Behveen Otvoor and Engineer for Professional Services —Task Older Edition Copyright 02004 National Society of Professional Engincers Co' EJCDC. AB rights reserved. A.1.06 Post -Construction Phase A. Engineer shall: 1. Provide assistance in connection with the testing and adjusting of Specific Project equipment or systems. 2. Assist Owner in training Owner's staff to operate and maintain Specific Project, equipment, and systems. 3. Assist Owner in developing procedures for control of the operation and maintenance of, and record keeping for, equipment and systems for the Specific Project, 4. Together with Owner, visit the Specific Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present. In company with Owner or Owner's representative, provide an inspection of the Specific Project within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. B. The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified in the Task Order, will terminate at the end of the Correction Period. PART 2 —ADDITIONAL SERVICES A.2.01 Additional Services Requiring Owner's Authorization in Advance A. If authorized in writing by Owner, Engineer shall furnish or obtain fiom others Additional Services of the types listed below. These services will be paid for by Owner• as indicated in a Task Order. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with a Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for a Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of a Specific Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner. 3. Services resulting from significant changes in the scope, extent, or character of the portions of a Specific Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws Page 7 of 10 Exhibit A —Schedule of Engineer's Services EJCDC G505 Standard Form of Agreement Dehveen Owner and Engineer far Professimml Services —Task Order Editimt Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. and Regulations enacted subsequent to the Effective Date of the Task Order or are due to any other causes beyond Engineer's control. 4. Services required as a result of Owner's providing incomplete or incorrect project information with respect to Exhibit B. 5. Providing renderings or models for Owner's use. 6. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for a Specific Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 7. Furnishing services of Engineer's Consultants for other than Basic Services. 8. Services attributable to more prime construction contracts than specified in the Task Order. 9. Services during out-of-town travel required of Engineer other than for visits to the Specific Project Site or Owner's office. 10. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and consh-uctability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Docmnents as a result of such review processes. 11. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a per thereof. 12. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 14. Providing construction surveys and staking to enable a Contractor to perform its work other than as required under paragraph A1.05.A.5, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 15. Providing Construction Phase services beyond the Contract Times set forth in the Task Order. 16. Providing assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. Page g of 10 Exhihi[ A — Schedule of Engineer's Services ESCDC G-SOS Standard Form of Agreement Dehveen Owner and Enginemfor Professional Services —Task OrdmEdiHan Copyright C2004 National Society of Professional Engineers for EdCDC. All rights reserved. 17. Preparing and furnishing to Owner, in the format agreed to, Record Drawings showing appropriate record information based on project annotated record documents received from Contractor. 18. Preparation of operation and maintenance manuals. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration or other dispute resolution process related to a Specific Project. 20. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner under paragraph 6.0l.G of the Agreement or a Task Older. 21. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner so as to make the compensation commensurate with the extent of the Additional Services rendered. 22. Services in malting revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; and services after the award of any Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for a Specific Project or an excessive number of substitutions. 23. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 24. Additional or extended services during construction made necessary by (a) a significant amount of defective, neglected or delayed Work by a Contractor, or (b) default by a Contractor. 25. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of any part of the Work on a Specific Project by Owner prior to its Substantial Completion. 26. Evaluating an unreasonable claim or an excessive number of claims or requests for information submitted by a Contractor or others in comnection with the Work on a Specific Project. 27. Other services performed or furnished by Engineer not otherwise provided for in this Agreement or a Task Order. A.2.02 Additional Services Not Requiring Owner's Authorization in Advance A. Engineer shall perform or furnish, without requesting or receiving specific advance authorization from Owner, the Additional Services of the types listed below. Engineer shall advise Owner in writing within seven days after beginning any such Additional Services. If Owner does not want Engineer to continue to perform or furnish the services, Owner shall notify Engineer in writing to cease, and Engineer shall comply. Yagc 9 of 10 Exhibit A — Schedule of Engineer's Sewices EJCDC E-505 Standard Eorm of Agreement Behveen Orvner and Engineer for Professional Services—Taslx Order EdiHmi Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. 1. Additional or extended services during construction made necessary by (a) emergencies or acts of God endangering the Work, (b) the presence at the site of any Constituent of Concern, (c) Work damaged by fire or other cause during construction, or (d) acceleration of the progress schedule involving services beyond normal working hours. u:\dallaslsanger\140006 general engineering svcs\ae contract\task order no. 2\exhibit a -task order no 2.docx Page 10 of IO ExhihitA—Schedule afE,ngineer's Services EJCDC E-505 Standard Eorm of Agreement IIehreen Owner and Engineer fmProfessional Services —Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. EXHIBIT B to Agreement between the City of Sanger, Texas (CITY) and LNV (CONSULTANT) for Consulting Services EXHIBIT 'B' —SCHEDULE MUNICIPAL WATER WELLS Activity Estimated Duration weeks Notice -To -Proceed 0.5 Field To o and Boundary Surveys 2 Review of Existing Data and Plans 1 Pre -Design Meeting 0.5 Deliver Preliminary Design 10 Preliminary Design Meeting 0.5 Deliver Final Design 6 Submit to TCEQ 1 TCEQ A roval 6 Bid Phase 4 Contract Award 4 Notice to Proceed 1 Pre -Construction Conference 1 Construction Complete 40 Prepare As Recorded Documents and TCEQ Submittal 2 The CONSULTANT is not responsible for delays beyond its control. END OF EXHIBIT'B' n:\dallas\sanger\14000fi general engineering svcs\ae contract\task order no. 2\exhibit b-task order no 2.docx 10/20/2014 Page 1 EXHIBIT C to Agreement between the City of Sanger, Texas (CITY) and LNV (CONSULTANT) for Consulting Services EXHIBIT `C' —COMPENSATION AND METHOD OF PAYMENT MUNICIPAL WATER WELLS COMPENSATION: For all professional engineering services included in EXHIBIT 'A', Scope of Services, the CONSULTANT shall be compensated a lump sum fee of $123,500 as summarized below. The total lump sum fee shall be considered full compensation for the services described in EXHIBIT A, including all labor materials, supplies, and equipment necessary to deliver the services. Basic Services Preliminary Design Phase $ 30,600 Final Design Phase $ 50,600 Bidding Phase $ 81800 Construction Phase $ 30,500 Post -Construction Phase $ 21000 TCEQ Approval 1 000 Basic Services Total $ 123,500 Other Additional Services, as described In Exhibit A, Part 2, A.2.0.1 can be provided upon request by the City. METHOD OF PAYMENT: The CONSULTANT shall be paid monthly payments as described in Article IV of the AGREEMENT. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the CONSULTANT. Monthly statements for reimbursable services performed by sub consultants will be based upon the actual cost to the CONSULTANT plus ten percent (10%). Direct reimbursable expenses for services such as printing, express mail, fees, mileage and other direct expenses that are incurred during the progress of the project will be billed at 1.1 times the CONSULTANT'S cost. END OF EXHIBIT'C' n:\dallas\sanger\140006 general engineering Svcs\ae contract\task order no. 2\exhibit c-task order no 2.docx 10/20/2014 Page 1 This is EXHIBIT D, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order No. 2 dated Schedule of Owner's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following responsibilities unless expressly stated otherwise in a Task Order, A. Provide Engineer with all criteria and full information as to Owner's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Specific Project including reports and data relative to previous designs, or investigation at or adjacent to the Site of the Specific Project. C. Following Engineer's assessment of initially -available Specific Project information and data and upon Engineer's request, furnish or otherwise make available such additional Specific Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right -of --way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface shuctures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultmal studies as to a Specific Project, the Site and adjacent areas. 6. Data or consultations as required for a Specific Project but not otherwise identified in the Agreement, the Exhibits thereto, or the Task Order. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that Page 1 of 3 Exhibit D—ScheUule of Owner's Responsibilities EJCDC E-505 Stm�dard Farm of Agreemm�t Behvicen Owner and Engineer for Professimial Services—'I'asl<Order Editimt Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Engineer to provide Additional Services as set forth in the Task Order as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Task Order, G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer for the Specific Project (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Specific Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Specific Project, I. Provide, as requhed for the Specific Project: Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Specific Project as Owner requires, a Contractor raises, or Engineer reasonably requests. Such auditing services as Owner requires to ascertain how or for what purpose a Contractor has used Lite moneys paid. 4. Placement and payment for advertisement for Bids in appropriate publications. J. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or fiunish services in regard to the Specific Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. K. Frnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling and legal advice) for Owner so that Engineer may assist the Owner in collating the various cost categories which comprise Total Project Costs. L. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth in the Task Order the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. Page 2 of 3 Exhibit D — Schedule of Owner's Responsibilities EJCDC E-505 Standard I>orm of Agreement Bchvecn Owner and Engineer for Professional Services—Tasl<Order Edilimr Copyright c02004 National Society of Professional Engineers for EJCDC. All rights reserved, M. If more than one prime contract is to be awarded for the Work of the Specific Project designed or specified by Engineer, designate in the Task Order a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors. Define and set forth in the Task Order the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer. N. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspections. O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work for the Specific Project with appropriate professional interpretation thereof. P. Provide Engineer with the findings and reports generated by any independent testing laboratory, if Engineer is required to review such documents. Q. Additional Owner responsibilities: Not Applicable n:\dallaslsanger\t40006 general engineering svos\ae contraot\task order no. 2\exhibit d-task order no 2.docx Page 3 of 3 Eshibi[ D —Schedule of Owner's Respmtsihilities EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved.