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05/19/2014-CC-Agenda Packet-Regularau�geh .`(TEXAS AGENDA CITY COUNCIL MONDAY, MAY 1% 2014 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Consider, Discuss and Approve Ordinance #OS-07-14 -Canvassing the Results of Votes for the Purpose of Electing Candidates to the Office of City Council of the City of Sanger, Texas, for the General Election Held on May 10, 2014, Declaring the Results of That Election and Providing for an Effective Date. 3. Issue Certificate of Election, Statement of Elected Officer and Oath of Office. 4. Appoint Mayor Pro-Tem. 5. 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 6. a) Approval of Minutes: May 5, 2014 -City Council b) Disbursements c) Consider, Discuss and Approve an Interlocal Agreement Between Denton County, Texas and the City of Sanger to Provide Labor and Materials for Road Reconstruction, Roadway Improvements and Storm Water Drainage Improvements in the Amount of $75,126.25 d) Consider, Discuss and Approve an Interlocal Agreement Between Denton County, Texas and the City of Sanger to act as Tax Assessor and Tax Collector 7. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 8. Consider, Discuss and Possibly Approve Scope of Services for Wastewater Treatment Plant Improvements by Alan Plummer Associates, Inc. 9. INFORMATION ITEMS: a) All American Dogs Report -April 10. 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 general public at all times, and said notice was posted on the following date and time: 16 , 020//CI at 16,090 &m. and. shall remain posted until meeti g is adjournedti,,�odI"' ' ' ' �,, ;. ` 49 = dodo Tami Taber, City Secretary City of Sanger, Texas TFx A5 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 Secretary's office at (940) 4584930 for further information. TEXAS P.O. lips 1729 * 502 Min Street, Sanger, TV 76266 * 940-458-7930 As of 10:00 a.m., Friday, May 169 20141 I have not yet received the canvass reports from Denton County Elections. This information along with the ordinance will hopefully be provided at the meeting, Monday, May 19, 2014, Tami Taber City Secretary/fluman Resources Director/I.T. Help Desk MINUTES: CITY COUNCIL MEETING May 5, 2014 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin and Councilman Scott Stephens ABSENT: City Manager Mike Brice, Councilman Gary Bilyeu and Councilman Allen Chick OTHERS PRESENT: Tami Taber City Secretary, John Manganilla with ATMOS, Joe Falls, Snyder Rosenbaum, and Idaleene Schue Fuqua 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Stephens led the Invocation followed by Councilman Martin 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). Idaleene Schue Fuqua of 1400 E. University, Apt. 1214 in Denton, said that she heard about Sanger having a museum and was thrilled. She also stated that she still wants Sanger to adopt the slogan of the rail met the trail. Snyder Rosenbaum of 10922 Metz Road spoke and thanked the Council for allowing them to receive a proclamation. He said there are different types of riders and that he has had a few wrecks himself. CONSENT AGENDA 3. a) Approval of Minutes: April 21, 2014 -City Council b) Disbursements Councilman Ezell made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda Il`[�Tit� REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Proclamation #OS-OS-14 -Motorcycle Safety and Awareness Month. Councilman Stephens made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 6. Consider, Discuss and Possibly Approve Resolution #1105-04-14 -Denying an Increase in Rates Requested by ATMOS Energy. Councilman Stephens made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 7. Consider, Discuss and Possibly Approve a Building Use Agreement at 511 N. 5th Street Between the Sanger Area Historical Society and the City of Sanger. City Secretary advised that the rent and utilities will be free. The museum will be staffed with volunteers half days, one to two times a week. Councilman Ezell made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 8. Consider, Discuss and Possibly Approve Awarding the Construction Contract for the Jones -Willow Sewer Line to Wildstone Construction, LLC in the Amount of $440,550, Approve Utilizing Waste Water Capital Improvement Funds to Fund the Difference Between the Total Cost and Grant Funds Available and Authorizing the City Manager to Approve Change Orders Within Statutory Limits. Councilman Martin made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 9. INFORMATION ITEMS: a) Financial and Investment Report - March b) ATMOS Rider GCR - Rate Filing Under Docket No. 10170 10. Adjourn. Mayor Muir adjourned the meeting at 7:28 p.m. PAGE: 1 A / p CHECK REGISTER 5 /OB/2014 10;32 A.`1 PACKET: 06565 Regular Payments VENDOR SET: 99 POOL POOLED CASH ACCOUNT HANK � CHECK CHECK CHECK CHECK AMOUNT NOB AMOUNT TYPE PATE DISCOUNT OPEC 056913 **VOID** VESIDOR NAME / I.D. V 5/09/2019 *VOiD* VOID CHECK - OSb914 **VCID** V 5/09/2014 *VOID* VOID CHECK 63.92 63.92CR 056085 16990 ADVANCED RESCUE SYSTEM TNT YSTEMTNT R 5/09/2014 1-2786 68.00 368.000R 056806 16930 AMERICAN PUBLIC V10RK5 ASSOC, R 5/09/2014 L MumBF,RSHIP 014 66.91CR 055887 1210 CINTINC. 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DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT 20980 EXPRESS SERVICES, INC. I-13938846-6 FOSTER, COREY R 5/09/2014 394.47CR 056897 I-13976566-3 FOSTER, C - PARKS/STREETS R 5/09/2014 525.96CR 056897 I-14005792-8 BAIN, N/FOSTER, C R 5/09/2014 1,11O.36CR 056897 2,030.79 23010 FIVE STAR SUPPLY CO INC. I-47881 JANITORIAL SUPPLIES R 5/09/2014 180.40CR 056898 180.40 18790 FUELMAN I-NP41077290 FUEL USAGE R 5/09/2014 3,154.85CR 056899 3,154.85 02610 HE SUPPLY POWER SOLUTIONS I-2495751-01 16 S CLASS 200 METER R 5/09/2014 21450.000R 056900 I-2510872-01 RED MARKING PAINT R 5/09/2014 780.000R 056900 I-2530671-00 FIXTURE PKG/BOLT WASHER R 5/09/2014 1,125.000R 056900 I-2536323-00 FIXTURE PKG/BOLT WASHER R 5/09/2014 167.50CR 056900 4,522.50 1 ISARRA, BRENDA 1-04.03.14 CONN CENTER R 5/09/2014 100.000R 056901 100,00 I IBARRA, BRENDA I-5.3.14 COMM CENTER R 5/09/2014 100.000R 056902 100.00 20670 ICNA I-361101-2014 ANNUAL MEMBERSHIP R 5/09/2014 972,OOCR 056903 972.00 03530 JAMES W00D AUTOPARK, INC. I-323257 DOOR LOCK 03-20 R 5/09/2014 58.74CR 056904 1-323776 REAR TAILLIGHT TAHOE R 5/06/2014 101.96CR 056904 I-TCC5114977 FRONT WHEEL ALIGNMENT R 5/00/2014 69.95CR 036904 I-VCC5117290 DOOR LOCK 03-20 R 5/092014 330.00CR 056904 560.61 0157E L0WE'S COMPANIES, INC. 1-11809 TREES R 5/09/2014 38.17CR 056905 1-35568 16 ERR SHEETS R 5/09/2014 558.60CR 056905 I-46643 TREES R 5/09/2014 185.92CR 056905 I-47106 LADDER R 5/09/2014 188.10CR 056905 I-47127 TREES R 5/09/2014 146.03CR 056905 I-56053 BOARD -BARRICADE REPLACE R 5/09/2014 98.77CR 056905 I-56526 BOARD -BARRICADE REPLACE R 5/09/2014 192.90CR 056905 I-67090 BOARD -BARRICADE REPLACE R 5/09/2014 5.64CR 056905. 1,414.1: 5/08/2014 10:32 AM A / P CHECK REGISTER PAGE: 3 PACKET: 06565 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. PESO TYPE DATE DISCOUNT AMOUNT NO4 AMOUNT 15060 MITCHELLI I-392640B ANNUAL SOFTWARE RENEW R 5/09/2014 3,012.24CR 056906 31012,24 19500 NAPA AUTO PARTS I-370298 BRAKEPADS/BRAKES 06-20 R 5/09/2014 292.99CR 056907 I-370948 FRONT BRAKE/ROTOR R 5/09/2014 239.97CR 056907 532.96 02970 OFFICE DEPOT I-706472215001 CARTIRDGES BINDER SHEETS R 5/09/2014 348.29CR 056908 I-707414422001 MIST OFFICE SUPPLIES R 5/09/2014 68.10CR 056908 I-70741497001 MISC OFFICE SUPPLIES R 5/09/2014 153.35CR 056908 I-710241871001 OFFICE SUPPLIES R 5/09/2014 39.50CR 056908 1-710241962001 OFFICE SUPPLIES R 5/09/2014 13.98CR 056908 623.30 12110 PETTIT MACHINERY, INC I-P13478 MISC 14OWER PARTS FOR 14OW R 5/09/2014 39.98CR 056909 39,98 05510 PROGRESSIVE WASTE SOLUTIONS OF TXI INC I-1201592750 ANNUAL ROLL OF RENTAL R 5/09/2014 99.90CR 056910 99.90 21140 R & T ELECTRIC, LIP I-5441 DUPLEX PLUGS R 5/09/2014 300.000R 056911 300.00 25020 DANGER HARDWARE T-A36487 MISC PARTS FOR 50 & 54 R 5/09/2014 15.98CR 056912 I-A36488 MISC PARTS FOR 50 & 54 R 5/09/2014 9.37CR 056912 I-A36616 MISC TOOLS & SUPPLIES R 5/09/2014 5,97CR 056912 I-A36620 MISC TOOLS & SUPPLIES R 5/09/201A 12.23CR 056912 I-A36645 MISC TOOLS & SUPPLIES R 5/09/2014 2.08CR 056912 I-A36695 MIS TOOLS MAINTENANCE R 5/09/2014 31.04CR 056912 I-A36748 MIS TOOLS MAINTENANCE R 5/06/2014 13.18CR 056912 I-A37041 MISC SUPPLIES R 5/09/2014 35.12CR 056912 I-A37161 MISC TOOLS & SUPPLIES R 5/09/2014 26.94CR 056912 I-A37405 MISC SUPPLIES R 5/09/2014 21.99CR 056912 I-A37491 MISC PARTS R 5/09/2014 35.16CR 056912 I-A37554 MISC PARTS R 5/09/2014 29.60CR 056912 I-A37633 MISC PARTS R 5/09/2014 61.43CR 056912 I-A31812 MISC PARTS R 5/09/2014 30.39CR 056912 I-A37930 MISC PARTS R 5/09/2014 6.36CR 056912 I-A37960 MISC PARTS R 5/09/2014 45.65CR 056912 I-A37871 MISC PARTS R 5/09/2014 6.40CR 056912 I-B11275 MISC SUPPLIES AS NEEDED R 5/09/2014 24.98CR 056912 I-B11219 MISC TOOLS & SUPPLIES R 5/09/2014 18.56CR 056912 I-B11354 MISC SUPPLIES AS NEEDED R 5/09/2014 6.98CR 056912 I-B11381 MISC TOOLS & SUPPLIES R 5/09/2014 20.34CR 056912 I-811394 MIS TOOLS MAINTENANCE R 5/09/2014 11.99CR 056912 I-B11632 MISC PARTS R 5/09/2014 81.80CR 056912 I-B11650 MISC SUPPLIES R 5/09/2014 15.67CR 056912 I-B11699 MISC TOOLS & SUPPLIES R 5/09/2014 7.56CR 056912 I-211916 MISC PARTS R 5/09/2014 89.47CR 056912 I-B11937 MISC PARTS R 5/09/2014 14.99CR 056912 I-B11999 MISC PARTS R 5/09/2014 46.55CR 056912 5/08/2014 10:32 AM A / P CHECK REGISTER PAGE: 4 PACKET: 06565 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. BEST TYPE DATE DISCOUNT AMOUNT N08 AMOUNT I-a36369 MIS TOOLS MAINTENANCE R 5/09/2014 59.99CR 056912 I-b11049 MISC PARTS FOR 50 6 54 R 5/09/2014 12.]8CR 056912 I-b11088 MIST PARTS FOR 50 6 54 R 5/09/2014 12.98CR 056912 ]94.21 18620 STERICYCLE I-4004689348.I WEEKLY BIG PICKUP R 5/09/2014 200.50CR 056915 200.50 02690 TECHLINE, INC. 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DISC 27370 GARNEAUX, ANDRE I-05182014 AUSTIN TOTAL ERRORS: 0 A / P CHECK REGISTER PAGE: 1 REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECX CHECX CHECK CHECK TYPE DATE DISCOUNT MOUNT NOS AMOUNT R 5/15/2014 785.000R 056996 785.00 NOt DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 785.00 785.00 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 1 0.00 785.00 785.00 5/15/2014 3:09 PM A / P CHECK REGISTER PAGE: 1 PACKET: 06583 Regular Payments VENDOR SET: 99 BANK POOL, POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DEEP TYPE DATE. DISCOUNT AMOUNT NO$ AMOUNT 09600 AFLAC C-19 APRIL AFLAC R 5/15/2014 0.01 056958 C-24 APRIL AFLAC R 5/15/2014 0.01 056958 C-26 APRIL AFLAC R 5/15/2014 0.01 056958 C-32 APRIL AFLAC R 5/15/2014 0.01 056958 I-58 APRIL AFLAC R 5/15/2014 0.02CR 056958 I-AF3-PY 4-4-14 INSURANCE R 5/15/2014 40.17CR 056958 I-AF3-PY 4.11.14 INSURANCE R 5/15/2014 40.11CR 056958 I-AFK-PY 4-4-14 INSURANCE R 5/15/2014 48.51CR 056958 I-AFK-PY 4.11,14 INSURANCE R 5/15/2014 48.51CR 056958 I-AFL-PY 4-4-14 INSURANCE R 5/15/2014 555.49CR 056958 I-AFL-PY 4.17.14 INSURANCE R 5/15/2014 555.49CR 056958 1,288.32 25070 ALL AMERICAN DOGS INC I-1492 ALL AMERICAN DOGS INC R 5/15/2014 31400.000R 056959 3,400.00 01550 ATMOS I-05202014 GAS USAGE R 5/15/2014 324.49CR 056960 324.49 25610 AUSTIN LANE TECHNOLOGIES, INC I-20140509 YEARLY MAINTENANCE R 5/15/2014 31545.000R 056961 I-20140509A YEARLY MAINTENANCE R 5/15/2014 393.75CR 056961 3,938.75 22930 BENSON, DESIGN I-7513 HAND SOAP R 5/15/2014 24.000R 056962 24.00 26890 BINS91ANGER GLASS I-14018081550 REPLACEMENT GLASS PANES R 5/1512014 126.08CR 056963 126.08 17730 BRICE, MIKE itI-05292014 MEAL REIMBURSEMENT R 5/15/2014 70.000R 056964 '10.00 I 00600 CITY OF CAREER 1-05152014 UTILITY USAGE R 5/15/2014 26,046.63CR 056965 26,046.67 07850 CLEAT I-CLT-PY 4-4-14 ASSOCIATION DUES EMPLOYEE R 5/15/2014 105.000R 056966 G I-CLT-PY 4.17.14 ASSOCIATION DUES EMPLOYEE R 5/15/2014 105.000R 056966 210.00 00800 COSERV ELECTRIC I-05152014 ELEC USAGE R 5/15/2014 2,203.19CR 056967 21203.19 5/15/2014 3:09 PM A / P CHECK REGISTER PAGE: 2 PACKET: 06583 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. 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I-1460364-00 REPAIR SERGI MURAL R 5/15/2014 I-1460376-00 FIXTURES, RING, LAMP R 5/15/2014 26280 TEREX UTILITIES I-90185975 HIGH RANGER SERVICE R 5/15/2014 25500 TEXAS MUNICIPAL LEAGUE I-13971 GFOAT SPRING INSTI'TU'TE R 5/15/2014 02670 TML - INTERGOVERNMENTAL RISK POOL I-05012014 DUDUCTIELE REIMBURSEMENT R 5/15/2014 26320 TRUST -CITY OF SANGER EMPLOYEE BENEFIT FUND C-04/Y5'/14 AETNA KVI D 5/15/2014 C-09232014 TRDST-CITY OF SANGER EMPLOYEE D 5/15/2014 C-4/15/14 AETNA DC D 5/15/2014 C-5/1/14 HH❑MANA DC D 5/15/2014 C-DS HHUMANA IS D 5/15/2014 C-FI HNUMANA FB ❑ 5/15/2014 C-METLIFE BC TRUST -CITY OF SANGER EMPLOYEE D 5/15/2014 C-METLIFE ROUNDING TRUST -CITY OF SANGER EMPLOYEE D 5/15/2014 C-STANDARD ROUNDING/REMOVING KW EC D 5/15/2014 1-04/15/14 HHUNiANA D 5/15/2014 - I-4.15.14 ROUNDING D 5/15/2014 I-4/15/14 AETNA VE D 5/15/2014 f( [. I-D13-PY 4-4-14 DENTAL INS METLIFE 13-14 D 5/15/2014 .. I-D13-PY 4.11.14 DENTAL INS METLIFE 13-14 D 5/15/2014 PAGE: 3 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 1,225.000R 056981 1,225.00 25D.00GR 056982 250.00 384.000R 056983 384.00 ]47.12CR 056984 747,72 1,001.80CR 056985 1,001.80 99,815,04CR 056986 49,815.04 395.06CR 056987 395.00 295.39CR 056988 295.39 13,660.000R 056989 707.20CR 056989 141567.2.0 551.80CR 056990 557.80 325.000R 056991 325.00 1,26L.81CR 056992 1,261.81 36a.00 o❑o0oo 0.02 cocoo0 215,50 000000 3.01 000000 24.08 000000 42.14 000000 14.59 000000 0.10 000000 3.90 000000 29.50CR 000000 0.04CR 000000 368.000R 000000 1,759.71CR 000000 1, 795.12CR 000000 5/15/2014 3:09 PM A / P CHECK REGISTER PACKET: 06583 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR MANE / I.D. PESO TYPE DATE I-H13-PY 4-4-14 HEALTH INS 13-14 AETNA D 5/15/2014 I-H13-PY 4,11.14 HEALTH INS 13-14 AETNA D 5/15/2014 I-LLI-PY 4-4-14 LIFE INSURANCE D 5/15/2014 I-LLI-PY 4.17.14 LIFE INSURANCE D 5/15/2014 I-METLIFE VE TRUST -CITY OF SANGER EMPLOYEE D 5/15/2014 I-SOL-PY 4-4-14 PER LIFE LINE OF DUTY $25,000 D 5/15/2014 I-SDL-PY 4.17.14 ENS LIFE LINE OF DUTY $25,000 D 5/15/2014 I-SLB-PY 4-4-14 EMS $25,000 LIFE INS D 5/15/2014 I-SLB-PY 4,17.14 EMP $25,000 LIFE INS D 5/15/2014 I-SLV-PY 4-4-14 STD EMPLOYEE VOLUNTARY LIFE D 5/15/2014 I-SLV-PY 4.17.14 STD EMPLOYEE VOLUNTARY LIFE D 5/15/2014 I-V13-PY 4-4-14 EMPLOYEE VOL VISION INSURANCE D 5/15/2014 I-V13-PY 4.17.14 EMPLOYEE VOL VISION INSURANCE D 5/15/2014 19260 TYLER TECHNOLOGIES I-025-93430 MAINTENANCE R 5/15/2014 26300 UNUM LIFE INSURANCE COMPANY OF AMERICA C-3/14 UNUM LIFE INSURANCE COMPANY OF R 5/15/2014 1-UBT201403055316 UNUM INSURANCE R 5/15/2014 I-UBT201403185319 UNUM INSURANCE R 5/15/2014 NEAL UELCH I-012914 EMPLOYEE BREAKFAST R 5/15/2014 I-05272014 TFMA CONFERENCE -PARKING R 5/15/2014 TOTAL ERRORS: 0 REGULAR CHECKS: HAN0WRITTEN CHECKS: PRE-SRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 4 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 18,873.SOCR 000000 18,658.00CR 000000 43.34CR 000000 43.34CR 000000 61.23CR 000000 21.41CR 000000 21.47CR 000000 50,85CR 000000 49.72CR 000000 499.20CR 000000 499.20CR 000000 236.03CR 000000 233.02CR 000000 42,521.40 14,042.74CR OSb993 14,092 .74 0.16 OSb994 619, 52CR 056994 819.52CR 056994 1,638.88 122.15CR 056995 15.00CR 056995 137.15 NO3 DISCOUNTS CHECK A[4T TOTAL APPLIES 38 0. 00 134,987.33 134,98].33 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0,00 42,521.40 42,521.40 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 39 0.00 1771008.73 177,008.73 5-15-2014 3:09 PM A/P PAYMENT REGISTER PAGE: 1 PACKET; 06589 EFT Payments VENDOR SET: 99 VENITEM NO# DESCRIPTION 99-29050 AEP ENERGY PARTNERS, INC VENDOR SEQUENCE BANK CHECK SCAT DUE DT GROSS DISC DT BALANCE 14/1/19-4/30/14 AEP ENERGY PARTNERS, INC POOL 5/IS/2014 E 4/30/2019 34A,926.Ofi 999999 344,426.06 VENDOR TOTALS EFT 1 344,426.06 399,426.C6 PAYMENT OUTSTANDING DISCOUNT 394,926. 06CR 399,926.06CR 0.00 0.00 THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE CITY OF SANGER TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a 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." WHEREAS, the County and the City mutually desire to enter into this Agreement whereby the County agrees to provide labor and materials for road reconstruction, roadway improvements and storm water drainage improvements to specific roads and streets located entirely within the municipal limits of the City and Denton County Commissioner Precinct #1, hereinafter "the Project;" and WHEREAS, the estimated cost of materials for the Project is SEVENTY-FIVE THOUSAND ONE HUNDRED TWENTY-SIX DOLLARS AND 25/100 (75,126.25) and the City shall fully reimburse the County for the entire cost of materials used by the County for completion of the Project, upon completion of the Project. The major road work associated with the Project will begin in the summer of 2015 and continue as the Road & Bridge East crews workload and weather conditions allow; and WHEREAS, the Project shall consist of the following: Labor and Road Reconstruction for Smith Street, Sims Street, Kirkland Street and Jones Street: Denton County will reclaim existing roadways; set up roads with existing base and add flexbase as needed to grade; compact roads to density and overlay with asphalt; 2'/2 inch, compacting to 2 inch; prepping ditches and hauling off excess dirt for the following streets located in the City of Sanger: Smith Street for a distance of 450 feet x 20 feet; Sims Street for a distance of 500 feet x 20 feet; Kirkland Street for a distance of 970 feet x 20 feet; and Jones Street for a distance of 1090 feet x 20 feet. The City of Sanger shall be responsible for Dig test (DIG TESS) and marking sewer and manhole covers. Labor for Roadway Improvement (Lois Road): Denton County will raise the asphalt stuface on Lois Road to the level with the existing railroad track, from the tracks 150 feet west and tie improvements back into the existing asphalt surface. The City of Sanger shall be responsible for securing all appropriate permits from the Railroad prior to Denton County crews working in or around the ICA—Sanger— Road Reconstruction, Improvement and Drainage - 2014 l of 9 railroad crossing and the City of Sanger shall be responsible for any and all railroad personnel costs. Labor for Storm Water Drainage Improvements (Astor Street and Kramer Street): Denton County will perform ditch cleaning and re -shaping of the south end of Astor Street toward the creek for a distance of 100 feet x 20 feet and Denton County will perform ditch cleaning on the east end of Kramer Street for a distance of 150 feet x 31 feet. WHEREAS, the estimated cost of materials to be used for satisfactory completion of the Project is as follows: Estimated Cost of Materials for Road Reconstruction for Smith Street, Sims Street, Kirkland Street and Jones Street to be paid by the City of Sanger: Cost of HMA is estimated to be $52,525.00 Cost of TAC is estimated to be $641.25 Cost of FLEXBASE is estimated to be $8,190.00 (600 tons @ $13.65/ton) Estimated Cost of Materials for Roadway Improvements to Lois Road: Cost of HMA is estimated to be $13,700 Cost of TAC is estimated to be $70.00 Estimated Cost of Materials for Ditch Cleaning and Re -Shaping: None WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local government to contract with one or more local governments to perform a governmental finction or service under the terms of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County and the City road systems and the Parties are undertaking the Project to facilitate safe travel on an improved roadways; and WHEREAS NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: WITNESSETH: I. Pursuant to Texas Governnent Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services ICA—Sanger— Road Reconstruction, Improvement and Drainage - 2014 2 of 9 in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to providing for labor and materials for road reconstruction, roadway improvements and storm water drainage improvements to specific roads and streets located entirely within the municipal limits of the City at a total estimated cost of materials for the Project of SEVENTY-FIVE THOUSAND ONE HUNDRED TWENTY-SIX DOLLARS AND 25/100 (75,126,25). The major road work associated with the Project will begin in the summer of 2015 and continue as the Road & Bridge East crews workload and weather conditions allow. III. The County and the City hereby agree that the obligations of the Parties with respect to the labor and materials to be provided for satisfactory completion of the Project are described as follows: Labor and Road Reconstruction for Smith Street, Sims Street, Kirkland Street and Jones Street: Denton County will reclaim existing roadways; set up roads with existing base and add flexbase as needed to grade; compact roads to density and overlay with asphalt; 2Yz inch, compacting to 2 inch; prepping ditches and hauling off excess dirt for the following streets located in the City of Sanger: Smith Street for a distance of 450 feet x 20 feet; Sims Street for a distance of 500 feet x 20 feet; Kirkland Street for a distance of 970 feet x 20 feet; and Jones Street for a distance of 1090 feet x 20 feet. The City of Sanger shall be responsible for Dig test (DIG TESS) and marking sewer and manhole covers. Labor for Roadway Improvement (Lois Road): Denton County will raise the asphalt surface on Lois Road to the level with the existing railroad tracts, from the tracks 150 feet west and tie improvements back into the existing asphalt surface. The City of Sanger shall be responsible for securing all appropriate permits from the Railroad prior to Denton County crews working in or around the railroad crossing and the City of Sanger shall be responsible for any and all railroad personnel costs. Labor for Storm Water Drainage Improvements (Astor Street and Kramer Street): Denton County will perform ditch cleaning and re -shaping of the south end of Astor Street toward the creels for a distance of 100 feet x 20 feet and Denton County will perform ditch cleaning on the east end of Kramer Street for a distance of 150 feet x 31 feet. ICA—Sanger— Road Reconstruction, Improvement and Drainage - 2014 3 of 9 IV. The City hereby agrees to fully reimburse the County for the entire cost of materials used by the County for completion of the Project, upon completion of the Project. The estimated cost of materials to be used for satisfactory completion of the Project is as follows: Estimated Cost of Materials for Road Reconstruction Sor Smith Street, Sims Street, Kirkland Street and Jones Street to be paid by the City of Sanger: Cost of HMA is estimated to be $52,525.00 Cost of TAC is estimated to be $641.25 Cost of FLEXBASE is estimated to be $8,190.00 (600 tons @ $13.65/ton) Estimated Cost of Materials for Roadway Improvements to Lois Road: Cost of HMA is estimated to be $13,700 Cost of TAC is estimated to be $70.00 Estimated Cost of Materials for Ditch Cleaning and Re -Shaping: None V. This exchange of in -kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. Vl. At the conclusion of the Project, Denton County shall submit an invoice to the City for full reimbursement for all materials used by the County in satisfactory completion of the Project described in Paragraph III. The City shall reimburse the County in full for all approved expenses, within thirty (30) calendar days of receipt of an invoice fi-om the County, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. VII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a sheet or alley in the County that is located in the City. ICA —Sanger —Road Reconstruction, Improvement and Drainage - 2014 4 of 9 VIII. This Agreement may be terminated in whole or in part by the County or the City upon thirty [30] days written notice to the other party. IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Thomas Muir, Mayor City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 Copy To: Mike Brice, City Manager City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 For Cormty: Honorable Mary Horn Denton County Judge I 10 West Hickory Street, 2"d Floor Denton; Texas 76201 Copy To: Denton County District Attorneys Office -Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 X. The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XI. The County agrees and understands that the County, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the City. [CA —Sanger —Road Reconstruction, Improvement and Drainage - 2014 5 of 9 XII. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XIII. The County agrees to accept full responsibility for the acts, negligence or omissions of all County employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the County. XIV. The City agrees to accept full responsibility for the acts, negligence or omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. XV. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XVI. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XVII. The undersigned officers or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVIII. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing ICA —Sanger— Road Reconstruction, Improvement and Drainage - 2014 6 of 9 until the Project is completed. Executed this day of DENTON COUNTY, TEXAS 110 West Hickory Denton, Texas 76201 By: Honorable Mary Horn Denton County Judge Acting by and on behalf of the authority the Denton County Commissioners Court ATTEST: By: Denton County Clerk APPROVED AS TO FORM: By: Assistant District Attorney 2014. CITY OF SANGER, TEXAS P. O. Box 1729 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: By: City Secretary APPROVED AS TO FORM: By: City Attorney COUNTY AUDITOR'S CERTIFICATE I hereby certify funds in the amount of are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor ICA—Sanger— Road Reconstmction, Improvement and Drainage - 2014 7 of 9 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE CITY OF SANGER TEXAS Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project which shall consist of the following: Labor and Road Reconstruction for Smith Street, Sims Street, Kirkland Street and Jones Street: Denton County will reclaim existing roadways; set up roads with existing base and add flexbase as needed to grade; compact roads to density and overlay with asphalt; 2'h inch, compacting to 2 inch; prepping ditches and hauling off excess dirt for the following streets located in the City of Sanger: Smith Street for a distance of 450 feet x 20 feet; Sims Street for a distance of 500 feet x 20 feet; Kirkland Street for a distance of 970 feet x 20 feet; and Jones Street for a distance of 1090 feet x 20 feet. The City of Sanger shall be responsible for Dig test (DIG TESS) and marking sewer and manhole covers. Labor for Roadway Improvement (Lois Road): Denton County will raise the asphalt surface on Lois Road to the level with the existing railroad track, from the tracks 150 feet west and tie improvements back into the existing asphalt surface. The City of Sanger shall be responsible for securing all appropriate permits from the Railroad prior to Denton County crews working in or around the railroad crossing and the City of Sanger shall be responsible for any and all railroad personnel costs. Labor for Storm Water Drainage Improvements (Astor Street and Kramer Street): Denton County will perform ditch cleaning and re -shaping of the south end of Astor Street toward the creek for a distance of 100 feet x 20 feet and Denton County will perform ditch cleaning on the east end of Kramer Street for a distance of 150 feet x 31 feet. The estimated cost of materials to be used for satisfactory completion of the Project which shall be reimbursed in full by the City of Sanger, Texas, upon receipt of an invoice from Denton County, Texas, upon satisfactory completion of the Project is as follows: Estimated Cost of Materials for Road Reconstruction for Smith Street, Sims Street, Kirkland Street and Jones Street to be paid by the City of Sanger: Cost of HMA is estimated to be $52,525.00 Cost of TAC is estimated to be $641.25 Cost of FLEXBASE is estimated to be $8,190.00 (600 tons @ $13.65/ton) Estimated Cost of Materials for Roadway Improvements to Lois Road: Cost of HMA is estimated to be $13,700 Cost of TAC is estimated to be $70.00 ICA—Sanger— McReynolds Road 2013 Page 8 of 9 Estimated Cost of Materials for Ditch Cleaning and Re -Shaping: None The major road work associated with the Project will begin in the summer of 2015 and continue as the Road & Bridge East crews workload and weather conditions allow. Denton County hereby gives its specific written approval to the Project prior to beginning of the Project in satisfaction of the requirements of Texas Government Code §791,014, The local governments which requested the Project and with whom the agreement is by and between are Denton County, Texas, and the City of Sanger, Texas. By vote on the date below, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: Bv: Presiding Officer of the Denton County Commissioners Court ICA—Sanger— McReynolds Road 2013 Page 9 of 9 THE STATE OF TEXAS S OWN JAI SANGER, TEXAS THIS AGREEMENT is made and entered into this 19TH day of MAY 2014 , Uy and between IDENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and, the City/Town of SANGER, TEXAS Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A. Government Code; Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Tax Code, Section 6.24 and 25.17 and; WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for MUNICIPALITY and COUNTY has the authority to so act; NOW THEREFORE, COUNTY and MUNICIPALITY, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: Page 1 of 14 I. The effective date of this Agreement shall be the 1 s' day of October, 2014. The term of this Agreement shall be for a period of one year, from October 1, 2014, to and through September 30, 2015. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and MUNICIPALITY, unless written notice of termination is provided by the terminating party to the other party prior to one hundred -fifty (150) days of the expiration date of the current term of the Agreement. MUNICIPALITY agrees to deliver this agreement no later than September 30, 2014 in manner required by COUNTY to fully execute said collection services by COUNTY. II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for MUNICIPALITY to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor -collector, shall serve as tax assessor -collector for parcels in Denton County of the MUNICIPALITY for ad valorem tax collection for tax year 2014, and each tax year for the duration of this Agreement. COUNTY agrees to perform all necessary ad valorem assessing and collecting duties for MUNICIPALITY and MUNICIPALITY does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect taxes for MUNICIPALITY. COUNTY agrees to collect base taxes, penalties, interest, and attomey's fees. 2. COUNTY agrees to prepare and mail all current and delinquent tax Page 2 of 14 statements required by statute, supplemental changes for applicable property accounts, as well as prepare and mail any other mailing as deemed necessary and appropriate by COUNTY; provide daily and monthly collection reports to MUNICIPALITY; prepare tax certificates; develop and maintain both current and delinquent tax rolls, disburse tax monies to MUNICIPALITY daily (business day) based on prior day tax postings. COUNTY agrees to approve and refund overpayment or erroneous payment of taxes for MUNICIPALITY pursuant to Texas Property Tax code Sections 31.11 and 31.12 from available current tax collections of MUNICIPALITY; meet the requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3. COUNTY further agrees that it will calculate the effective tax rates and rollback tax rates for MUNICIPALITY and that such calculations will be provided at no additional cost to MUNICIPALITY. The information concerning the effective and rollback tax rates will be published in the form prescribed by the Comptroller of Public Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code. MUNICIPALITY shall notify tax assessor -collector no later than July 25th of each year that MUNICIPALITY wishes publication of forms or notices specified in this section. MUNICIPALITY further agrees that if COUNTY calculates effective and rollback tax rates, COUNTY shall publish the required notices on behalf of MUNICIPALITY. It is understood and agreed by the parties that the expense of publication shall be borne by MUNICIPALITY and that COUNTY shall provide MUNICIPALITY's billing address to the newspaper publishing the effective and rollback tax rates. Page 3 of 14 4. COUNTY agrees, upon request, to offer guidance and the necessary forms for posting notices of required hearing and quarter -page notices as required by Sections 26.05 and 26.06 of V.T.C.A. Tax Code and Section 140.010 of Local Government Code, if MUNICIPALITY requests such 7 days in advance of the intended publication date, COUNTY agrees to manage all notices and publications on behalf of MUNICIPALITY if request is received no later than July 25th. MUNICIPALITY must approve all calculations and notices, in the format required by COUNTY, before publication may proceed. The accuracy and timeliness of all required notices are the responsibility of MUNICIPALITY. 5. Should MUNICIPALITY vote to increase its tax rate above the rollback tax rate the required publication of notices shall be the responsibility of MUNICIPALITY. 6. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to MUNICIPALITY, and to promptly famish written reports to keep MUNICIPALITY informed of all financial information affecting it. Page 4 of 14 7. MUNICIPALITY agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the assessment and collection of taxes, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 8. COUNTY agrees to allow an audit of the tax records of MUNICIPALITY in COUNTY'S possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished 6fiZK�1U�Y 11V1 9. If required by MUNICIPALITY, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector's lawful duties, will be made payable to MUNICIPALITY and in an amount determined by the governing body of MUNICIPALITY. The prerniuin for any such bond shall be borne solely by MUNICIPALITY. 10. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2015. COUNTY agrees to mail a reminder notice to delinquent property accounts in the month of February notifying that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2015. The reminder notices will be mailed between February 5`h and February 28°' 11. COUNTY agrees that it will post to a secure website collection reports for MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily Page 5 of 14 basis through September 30, 2015. COUNTY will provide monthly Maintenance and Operation (hereinafter referred to as "MO"), and Interest and Sinking (hereinafter referred to as "IS") collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports. 12. MUNICIPALITY retains its right to select its own delinquent tax collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by MUNICIPALITY in the collection of delinquent taxes and related activities. 13. MUNICIPALITY will provide COUNTY with a copy of their current tax collection attorney contract on or before each February 15th. MUNICIPALITY will provide COUNTY with notice of any change in collection attorney on or before the effective date of the new collection attorney contract. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with MUNICIPALITY. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. Page 6 of 14 N. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to property tax service of all COUNTY employees and agents, sub -contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. V. MUNICIPALITY accepts responsibility for the acts, negligence, and/or omissions of all MUNICIPALITY employees and agents, sub -contractors and/or contract laborers, and fox those of all other persons doing work under a contract or agreement with MUNICIPALITY to the extent allowed bylaw. VI. MUNICIPALITY understands and agrees that MUNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. Page 7 of 14 VII. For the services rendered during the 2014 tax year, MUNICIPALITY agrees to pay COUNTY for the receipting, booldceeping, issuing, and mailing of tax statements as follows: 1. The current tax statements will be mailed by October 10"' or as soon thereafter as practical. In order to expedite mailing of tax statements the MUNICIPALITY must adopt their 2014 tax rate by September 29, 2014. Failure of the MUNICIPALITY to adopt a tax rate by September 29, 2014 will cause delay in timely mailing of tax statements. Pursuant to Texas Property Tax Code §26.05 the MUNICIPALITY must adopt a tax rate by the later of September 30t" or 60 days after the certified appraisal roll is received. Failure to adopt and deliver a tax rate by the later of September 30'1' or 60 days after the certified appraisal roll is received may result in delay of processing and mailing MUNICIPALITY tax statements. MUNICIPALITY agrees to assume the costs for additional delayed tax statements, processing and mailing as detennined by COUNTY. Notwithstanding the provisions of the Tax Code, if MUNICIPALITY fails to deliver the adopted tax rates (M&O and I&S) to the Tax Assessor Collector by September 29, 2014, it may cause a delay in the publication and release of tax statements. 2. COUNTY will mail an additional notice during the month of March following the initial mailing provided that MUNICIPALITY has requested such a notice on or before February 28th. The fee for this service will be a rate not to exceed $0.69 per statement. 3. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial mailing, COUNTY shall mail a delinquent tax statement meeting the Page 8 of 14 requirements of Section 33.11 of the Texas Property Tax Code to the owner of each parcel to the owner of each parcel having delinquent taxes. 4. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial mailing, COUNTY will mail a delinquent tax statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. 5. For accounts which become delinquent on or after June I", COUNTY shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to the owner of each parcel having delinquent taxes. 6, hi event of a successful rollback election which takes place after tax bills for MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay COUNTY a programming charge of $5,000.00. COUNTY will mail corrected statements to the owner of each parcel. COUNTY will charge a fee for this service at a rate not to exceed $0.69 per statement Properly Tax Code Section 26.07 (f). When a refund is required per Property Tax Code Section 26.07 (g), COUNTY will charge a $.25 processing fee per check, in addition to the corrected statement mailing costs. Issuance of refunds, in the event of a successful rollback election, will be the responsibility of the COUNTY. MUNICIPALITY will be billed for the refunds, postage and processing fees. 7. MUNICIPALITY understands and agrees that COUNTY will, no later than January 31", deduct from current collections of the MUNICIPALITY the "Total Cost' of providing all services described in paragraphs 1-5 above. This "Total Cost' includes any such services that have not yet been performed at the time of deduction. The "Total Cost' of providing all services described in paragraphs 1-5 above shall be the total of: Page9of14 $ 0.69 x the total number of parcels on MUNICIPALITY Tax Roll for tax year 2013. In the event that a rollback election as described in paragraph 6 takes place, COUNTY shall bill MUNICIPALITY for the applicable programming charge, check processing fees, refunds paid, and refund postage costs. MUNICIPALITY shall pay COUNTY all billed amounts within 30 days of its receipt of said bill. In the event costs for additional delayed tax statements, processing and mailing are incurred as described in paragraph 1, COUNTY shall bill MUNICIPALITY for such amounts. MUNICIPALITY shall pay COUNTY all such billed amounts within 30 days of its receipt of said bill. 8. MUNICIPALITY further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts chaz'ged to MUNICIPALITY for any renewal year of this Agreement, provided that COUNTY gives written notice to MUNICIPALITY sixty (60) days prior to the expiration date of the initial term of the Agreement. The County Budget Office establishes collection rates annually based on a survey of actual annual costs incurred by the COUNTY in performing tax collection services. The collection rate for each year is approved by County Commissioners' Court. All entities are assessed the same per parcel collection rate. VIII. COUNTY agrees to remit all taxes, penalties, and interest collected on MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY's depositories as designated: Page 10 of 14 1. For deposits of tax, penalties, and interest, payment shall be by wire transfer or ACH to MUNICIPALITY depository accounts only, and segregated into the appropriate MO and IS accounts. Only in the event of failure of electronic transfer protocol will a check for deposits of tax, penalty and interest be sent by mail Yo l`/iI Cis 1r:\IIIYI�1i'w 2. If MUNIICIPALIITY uses the same depository as COUNTY, the deposits of tax, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will be made daily through September 30, 2015. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. 4. In event that COUNTY experiences shortage in collections as a result of an outstanding tax debt of MUNICIPALITY, the MUNICIPALITY agrees a payment in the amount of shortage shall be made by check or ACH to COUNTY within 15 days after notification of such shortage. Ix. hi the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the tax year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. Page 11 of 14 X. This Agreement represents the entire agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both MUNICIPALITY and COUNTY or those authorized to sign on behalf of those governing bodies. XI. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: K�llif County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 MUNICIPALITY: The City/Town of SANGER Address: PO BOX 1729 TEXAS City, State, Zip: _ SANGER, TX 76209 elephone: 940-458J930 Email: CDAVENPORT@SANGERTEXAS.ORG T Page 12 of 14 XII. MUNICIPALITY hereby designates THOMAS MUIR to act on behalf of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the performance of all duties and obligations of MUNICIPALITY as stated in this Agreement. MUNICIPALITY's designee shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. XIII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XN. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in duplicate originals this,l 9TH day of MAY 20I4 Page 13 of 14 COUNTY Denton County 110 West Hickory Denton, Texas 76201 BY: Honorable Mary Horn Denton County Judge ATTEST: BY: Cynthia Mitchell Denton County Clerk APPROVED FORM AND CONTENT: Michelle French Denton County Tax Assessor/Collector MUNICIPALITY TOWn/City: CITY OF SANGER Address: PO BOX 1729 City, State, Zip: SANGER, TEXAS 76209 BY: Name: THOMAS MUIR Title: MAYOR ATTEST: BY: Name TAM[ TABER Title CITY SECRETARY APPROVED AS TO FORM: Denton County Assistant District Attorney Page 14 of 14 SCOPE OF SERVICES A. TASK I — PROJECT ADMINISTRATION This task includes the activities needed to manage the multiple elements of the Sanger Wastewater Treatment Plant Improvements (PROJECT). Conduct a PROJECT Ination Meeting with the CITY at the beginning of the PROJECT to review and confirm the scope, schedule, and responsibilities. Meeting shall clarify and define the CITY's expectations, requirements and responsibilities and review ENGINEER's services. The meeting shall discuss design concepts, nformation and documents, design criteria, outline specifications, and conceptual opinions of probable costs. 2. ENGINEER shall schedule and conduct up to four (4) PROJECT design progress meetings with the CITY to provide PROJECT status and discuss design criteria, design documents, PROJECT schedule, opinions of probable construction cost, and otherwise consultation to the CITY. Progress meetings may be conducted via telephone conferencing 3. The opinion of probable construction costs (OPCC) and schedule for completion of the PROJECT will be reviewed and updated periodically, but not less often that at the beginning of the PROJECT, completion of preliminary design, and at the 60% and 90% completion points. A complete final opinion of probable construction cost shall be provided with the bid issued documents. ENGINEER's projection of construction costs will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. The ENGINEER does not warrant the accuracy of the opinion of probable construction cost. 4. ENGINEER shall advise the CITY with respect to site surveying and the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations. 5. This task includes the coordination of SUBCONTRACTORS that may include a surveyor, a geotechnical engineer, and /or other specialized service providers. 6. ENGINEER shall schedule and conduct up to two (2) Quality Control (QC) workshops with the CITY staff for each Phase of the PROJECT (four (4) QC workshops total). The QC workshops shall be during the Final Design of each Phase at approximately 60% design and at approximately 90% design. ENGINEER shall prepare interim -for -review -only plans, specifications, and bid documents and shall submit them to the CITY for each of the QC workshops. ENGINEER shall furnish up to three (3) sets of plans (half-size), specifications, and bid documents with a PDF version of each. ENGINEER shall incorporate applicable CITY comments into PROJECT. 7. ENGINEER shall perform general administrative services on the PROJECT including liaison with the CITY, preparation of invoices and documentation of expenses, and other tasks required for effective and efficient PROJECT administration. B. TASK II — PRELIMINARY DESIGN PHASE I FAST TRACK IMPROVEMENTS 1. Conduct reconnaissance visits to Sanger WWTP site to familiarize design team with existing facilities and conditions. 2. Review existing construction record drawings (previously furnished by the CITY) of areas to be affected by PROJECT. 3. ENGINEER shall prepare Preliminary Design Phase documents consisting of design criteria, process description and diagrams, preliminary site plan, any required hydraulic profiles or written process control narratives of the PROJECT. Documents shall include required Process and Instrumentation Diagrams (P&IDs) and preliminary electrical and structural plans for the following facilities: i. Peak flow storage basin improvements, ii. Solids dewatering facilities, Diversion Box improvements, and iv. Plant I rehabilitation. 4. ENGINEER shall prepare and furnish three (3) review copies of the Preliminary Design Phase Technical Memorandum (TM) to the CITY. ENGINEER shall schedule, prepare for and conduct one review workshop with the CITY to review the TM. Upon receipt of comments from the CITY, ENGINEER shall revise the TM and deliver final TM documents electronically. 5. ENGINEER shall obtain surveying services to provide all field information needed for design of PROJECT, Phase 1 and II, including topographic surveys, staking of boring locations, and property boundary surveys. This shall include providing horizontal and vertical locations of existing improvements and physical features including fences, property lines, roads, bridges, drainage structures, existing utilities, and railroads reasonably expected to be affected by PROJECT. 6. ENGINEER shall obtain coordinate a geotechnical investigation, if required, for Phase I and II design including the drilling, classifying, and testing of soils at up to two (2) locations to a depth of forty (40) feet. If number of borings required or if average boring depth exceeds these values, additional compensation may be requested as an Additional Service under Section 2 of Agreement. ENGINEER shall provide three (3) copies of geotechnical investigation summary report for the CITY's records. C. TASK III —PRELIMINARY DESIGN PHASE II IMPROVEMENTS 1. Conduct reconnaissance visits to Sanger WWTP site to familiarize design team with existing facilities and conditions. 2. Review existing construction record drawings (previously furnished by the CITY) of areas to be affected by PROJECT. 3. ENGINEER shall prepare Preliminary Design Phase documents consisting of design criteria, process description and diagrams, preliminary site plan, any required hydraulic profiles or written process control narratives of the PROJECT. Documents shall include required Process and Instrumentation Diagrams (P&IDs) and preliminary electrical and structural plans for the following facilities: i. Plant 2, 3, and 4 rehabilitation. Peak flow storage basin improvements, i. Blower and aeration improvements, ii. New final clarifier, iv. Disinfection improvements, and v. Civil site work. 4. ENGINEER shall prepare and furnish three (3) review copies of the Preliminary Design Phase Technical Memorandum (TM) to the CITY. ENGINEER shall schedule, prepare for and conduct one review workshop with the CITY to review the TM. Upon receipt of comments from the CITY, ENGINEER shall revise the TM and deliver final TM documents electronically. D. TASK IV —REGULATORY PERMIT AMENDMENT APPLICATION AND PROCESSING 1. The first step in preparing the permit amendment application involves development of the water quality model for the receiving waters (stream and lake). Existing water quality models will be reviewed to determine the extent that additional other work will be needed. 2. This task involves gathering bathymetric and water quality data for Paddock Lake, developing the work plan for the modeling, and visiting the site to collect information. 3. After completion of the previous task, construct WQ models (QuaITX for stream and CSTR for Paddock Lake). 4. Prepare modeling report. 5. Assess nutrient impacts to stream and lake and prepare report. This step may be omitted and an assumption made that the CITY will receive a 0.5 mg/L T-P permit limit for the phase(s) that will have flows that are higher than the existing phase. 6. Prepare Major Amendment Permit Application that does not include requests for any additional authorization for sludge disposal (new figures, design calculations, land owner information, etc.) 7. Assist with processing of application —respond to questions and requests for information from TCEO and/or EPA. 8. Assist the CITY in negotiating permit provisions as draft permits are issued. PROJECT management. Provide PROJECT management as required during completion of permit -related tasks. E. TASK V -FINAL DESIGN PHASE I FAST TRACK IMPROVEMENTS Prepare detailed plans, technical specifications, contract documents, designs and layouts of improvements to be constructed. Facilities to be designed will generally consist of the following: i. Peak flow storage basin improvements, ii. Solids dewatering facilities, ii. Diversion Box improvements, and iv. Plant i rehabilitation. 2. Provide updated opinions of construction cost for budget purposes at approximately sixty percent (60%) and ninety percent (90%) complete milestones and prepare a detailed statement of final opinion of probable construction cost. The ENGINEER'S projection of construction costs will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. The ENGINEER does not warrant the accuracy of the opinion of probable construction cost; 3. Revise Preliminary TM based on the actual facilities designed. Submit electronically to the CITY for review. Upon receipt of comments from the CITY, prepare final TM and submit to the CITY in PDF electronic file format. 4. Conduct up to two (2) in-house Quality Control (QC) workshops at sixty percent (60%) and ninety percent (90%) complete milestones. The ENGINEER'S QC review team shall consist of senior staff members. Conduct two (2) review meetings with the CITY staff at sixty percent (60%) and ninety (90%) percent complete. After receipt of 90% comments from the CITY, ENGINEER will prepare final plans, specifications, and contract documents; 5. Furnish up to three (3) sets of interim plans (half-size), specifications, and contract documents at the sixty percent (60%) and ninety percent (90%) completion points. Upon completion, ENGINEER will furnish three (3) half -sized sets and a copy of the final documents in PDF format on a CD; 6. Assist the CITY in the preparation of formal bid documents; 7. Revisions to the plans, specifications, or bid proposal made after final approval by the CITY will be made as SPECIAL SERVICES; F. TASK VI - FINAL DESIGN PHASE II IPROVEMENTS Prepare detailed plans, technical specifications, contract documents, designs and layouts of improvements to be constructed. Facilities to be designed will generally consist of the following: i. Plant 2, 3, and 4 rehabilitation. Peak flow storage basin improvements, ii. Blower and aeration improvements, New final clarifier, v. Disinfection improvements, and v. Civil site work. Provide updated opinions of construction cost for budget purposes at approximately sixty percent (60%) and ninety percent (90%) complete milestones and prepare a detailed statement of final opinion of probable construction cost. The ENGINEER'S projection of construction costs will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. The ENGINEER does not warrant the accuracy of the opinion of probable construction cost; 3. Revise Preliminary TM based on the actual facilities designed. Submit electronically to the CITY for review. Upon receipt of comments from the CITY, prepare final TM and submit to the CITY in PDF electronic file format; 4. Conduct up to two (2) in-house Quality Control (QC) workshops at sixty percent (60%) and ninety percent (90%) complete milestones. The ENGINEER'S QC review team shall consist of senior staff members. Conduct two (2) review meetings with the CITY staff at sixty percent (60%) and ninety (90%) percent complete. After receipt of 90% comments from the CITY, ENGINEER will prepare final plans, specifications, and contract documents; 5. Furnish up to three (3) sets of interim plans (half-size), specifications, and contract documents at the sixty percent (60%) and ninety percent (90%) completion points. Upon completion, ENGINEER will furnish three (3) half -sized sets and a copy of the final documents in PDF format on a CD; 6. Assist the CITY in the preparation of formal bid documents; 7. Revisions to the plans, specifications, or bid proposal made after final approval by the CITY will be made as SPECIAL SERVICES; G. TASK VII -BID ASSISTANCE PHASE I FAST TRACK IMPROVEMENTS Assist the CITY in securing bids, issuing notice to bidders and notifying construction news publications PHASE I FAST TRACK IMPROVEMENTS. The notice to bidders will be furnished to the CITY for publication in the local news media. The cost for publications shall be paid by the CITY. The ENGINEER will distribute bidding documents. The income from the sale of the documents will be used to offset the cost. Providing additional documents will be a SPECIAL SERVICE; 2. Furnish set of plans and specifications to plan rooms to be identified by the CITY in PDF format on a CD. Furnish half-size, full-size, or electronic format sets of construction plans, specifications, and contract documents for the PROJECT to prospective bidders as required. The non-refundable deposit received from prospective bidders for receipt of plans, specifications, and contract documents will be retained by ENGINEER to offset the ENGINEER'S cost of printing, distributing and handling said documents; 3. Assist the prospective bidders in interpreting the construction plans and specifications through the preparation and issuance of addenda; 4. Prepare for and participate in up to two (2) pre -bid conferences; 5. Assist the CITY in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of the contracts or the appropriate actions to be taken by the CITY; and H. TASK VIII - CONSTRUCTION ADMINISTRATION PHASE I FAST TRACK IMPROVEMENTS Prepare construction documents. Following receipt of the bids, insert addendum tems into the plans and specifications for a "Conformed" set of documents. Furnish five (5) sets of plans and specifications to the CITY for execution. 2. Conduct and participate in up to four meetings/site visits during construction of PHASE I FAST TRACK IMPROVEMENTS. 3. ENGINEER shall respond to the CONTRACTOR's requests for information (RFI). ENGINEER shall respond up to twenty (20) RFls. Response to more than twenty (20) will be considered an Additional Service, 4. Review and take other appropriate action in respect to Submittals, Shop Drawings, Catalog Data, Samples, Test Reports, and other data which the CITY 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 by the Contract Documents. Such 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 shall review up to twenty (20) Submittals, Shop Drawings, Catalog Data, Samples, Test Reports, and other data submittals. Review of more than (20) will be considered an Additional Service, 5. Recommend change orders and work change directives to the CITY, as appropriate, and prepare change orders and work change directives (field orders) as required. ENGINEER shall issue up to three (3) change orders/field orders. Issuing more than three (3) will be considered an Additional Service, 6. Based on ENGINEER'S observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation. Determine the amounts that ENGINEER recommends the CONTRACTOR be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to the CITY, based on such observations and review, that, to the best of ENGINEER's knowledge, information and belief, the CONTRACTOR's Work has progressed to the point indicated, the Work is generally in accordance with the Contract 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 Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to the CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the CONTRACTOR's Work. In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of the CONTRACTOR's Work (subject to any subsequent adjustments allowed by the Contract Documents). ii. 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 CONTRACTOR's Work as it is performed and furnished have been exhaustive, extended to every aspect of the CONTRACTOR's 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 CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control the CONTRACTOR's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or the CONTRACTOR's compliance with Laws and Regulations applicable to the CONTRACTOR's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes the CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between the CONTRACTOR and the CITY that might affect the amount that should be paid. 7. Prepare Record drawings of the constructed work from information provided by the CONTRACTOR in the form of As -built Drawings and Documents. ENGINEER will also furnish one 22"x34" reproducible original set of record drawings, three (3) full size sets, and three (3) half size sets of drawings to the CITY. I. TASK IX -RE(ZIDENT REPRESENTATION PHASE I FAST TRACK IMPROVEMENTS 1. ENGINEER shall furnish a Resident PROJECT Representative ("RPR") to assist ENGINEER in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. 2. Through RPR's observations of CONTRACTOR'S work in progress and field checks of materials and equipment, ENGINEER shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. However, ENGINEER shall not, during such RPR field checks or as a result of such RPR observations of CONTRACTOR's work in progress, supervise, direct, or have control over CONTRACTOR's Work, nor shall ENGINEER (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any CONTRACTOR, for security or safety at the Site, for safety precautions and programs incident to any CONTRACTOR's work in progress, or for any failure of a CONTRACTOR to comply with Laws and Regulations applicable to such CONTRACTOR's performing and furnishing of its work. The ENGINEER (including RPR) neither guarantees the performances of any CONTRACTOR nor assumes responsibility for CONTRACTOR failure to furnish and perform the Work in accordance with the Contract Documents. 3. The duties and responsibilities of the RPR are as follows: RPR is ENGINEER'a representative at the Site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the CONTRACTOR's work in progress shall in general be with ENGINEER and CONTRACTOR. RPR's dealings with SUBCONTRACTORs shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with the CITY only with the knowledge of and under the direction of ENGINEER. ii. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. iii. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other PROJECT - related meetings, and prepare and circulate copies of minutes thereof. iv. Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER. v. Conduct on -Site observations of CONTRACTOR'S work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. Report to ENGINEER whenever any part of CONTRACTOR's work in progress will not produce a completed PROJECT that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed PROJECT as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. vi. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate CITY operations and maintenance personnel, and that CONTRACTOR maintains adequate records thereof. Observe, record, and report appropriate details relative to the test procedures and systems start-ups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the results of these inspections.. vii. Furnish to ENGINEER and the CITY copies of all inspection, test, and system start-up reports. viii. During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to ENGINEER for review and forwarding to the CITY prior to payment for that part of the Work. ix. Participate in visits to the PROJECT to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. x. Participate in a final visit to the PROJECT in the company of ENGINEER, the CITY, and CONTRACTOR, and prepare a final list of items to be completed and deficiencies to be remedied. xi. Observe whether all items on the final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. 4. Resident PROJECT Representative shall not: i. Exceed limitations of ENGINEER's authority as set forth in this Agreement. ii. Undertake any of the responsibilities of CONTRACTOR, SUBCONTRACTORs or Suppliers. ii. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of CONTRACTOR's work. v. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of the CITY or CONTRACTOR. v. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by ENGINEER. vi. Accept shop drawing or sample submittals from anyone other than CONTRACTOR. J. TASK XI- STARTUP ASSISTANCE AND TRAINING PHASE I FAST TRACK IMPROVEMENTS 1. Provide onsite representation during manufacturersstartup of equipment and facilities. 2. Provide training of CITY personnel regarding the processes involved in operation of PHASE I FAST TRACK IMPROVEMENTS K. TASK XI -BID ASSISTANCE PHASE II IMPROVEMENTS Assist the CITY in securing bids, issuing notice to bidders and notifying construction news publications for PHASE II IMPROVEMENTS. The notice to bidders will be furnished to the CITY for publication in the local news media. The cost for publications shall be paid by the CITY. The ENGINEER will distribute bidding documents. The income from the sale of the documents will be used to offset the cost. Providing additional documents will be a SPECIAL SERVICE; Furnish set of plans and specifications to plan rooms to be identified by the CITY in PDF format on a CD. Furnish half-size, full-size, or electronic format sets of construction plans, specifications, and contract documents for the PROJECT to prospective bidders as required. The non-refundable deposit received from prospective bidders for receipt of plans, specifications, and contract documents will be retained by ENGINEER to offset the ENGINEER'S cost of printing, distributing and handling said documents; 3. Assist the prospective bidders in interpreting the construction plans and specifications through the preparation and issuance of addenda; 4. Prepare for and participate in up to two (2) pre -bid conferences; 5. Assist the CITY in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of the contracts or the appropriate actions to be taken by the CITY; and L. TASK XII -CONSTRUCTION ADMINISTRATION PHASE II IMPROVEMENTS 1. Prepare construction documents. Following receipt of the bids, insert addendum items into the plans and specifications fora "Conformed" set of documents. Furnish five (5) sets of plans and specifications to the CITY for execution. 2. Conduct and participate in up to ten meetings/site visits during construction of PHASE II IMPROVEMENTS. 3. ENGINEER shall respond to the CONTRACTOR's request for information (RFI). ENGINEER shall respond up to thirty (30) RFI. Response to more than thirty (30) will be considered an Additional Service, 4. Review and take other appropriate action in respect to Submittals, Shop Drawings, Catalog Data, Samples, Test Reports, and other data which the CITY 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 by the Contract Documents. Such 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 shall review up to forty (40) Submittals, Shop Drawings, Catalog Data, Samples, Test Reports, and other data submittals. Review of more than forty (40) will be considered an Additional Service. 5. Recommend change orders and work change directives to the CITY, as appropriate, and prepare change orders and work change directives (field orders) as required. ENGINEER shall issue up to eight (8) change orders/field orders. Issuing more than eight (8) will be considered an Additional Service. 6. Based on ENGINEER's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation. Determine the amounts that ENGINEER recommends the CONTRACTOR be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to the CITY, based on such observations and review, that, to the best of ENGINEER's knowledge, information and belief, the CONTRACTOR's Work has progressed to the point indicated, the Work is generally in accordance with the Contract 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 Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to the CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the CONTRACTOR's Work. In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of the CONTRACTOR's Work (subject to any subsequent adjustments allowed by the Contract Documents). ii. 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 CONTRACTOR'S Work as it is performed and furnished have been exhaustive, extended to every aspect of the CONTRACTOR's 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 CONTRACTOR'S Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control the CONTRACTOR's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or the CONTRACTOR'S compliance with Laws and Regulations applicable to the CONTRACTOR's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes the CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between the CONTRACTOR and the CITY that might affect the amount that should be paid. 7. Prepare Record drawings of the constructed work from information provided by the CONTRACTOR in the form of As -built Drawings and Documents. ENGINEER will also furnish one 22"x34" reproducible original set of record drawings, three (3) full size sets, and three (3) half size sets of drawings to the CITY. M. TASK XIII -RESIDENT REPRESENTATION PHASE II IMPROVEMENTS ENGINEER shall furnish a Resident PROJECT Representative ("RPR") to assist ENGINEER in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. 2. Through RPR's observations of CONTRACTOR'S work in progress and field checks of materials and equipment, ENGINEER shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. However, ENGINEER shall not, during such RPR field checks or as a result of such RPR observations of CONTRACTOR's work in progress, supervise, direct, or have control over CONTRACTOR's Work, nor shall ENGINEER (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any CONTRACTOR, for security or safety at the Site, for safety precautions and programs incident to any CONTRACTOR's work in progress, or for any failure of a CONTRACTOR to comply with Laws and Regulations applicable to such CONTRACTOR's performing and furnishing of its work. The ENGINEER (including RPR) neither guarantees the performances of any CONTRACTOR nor assumes responsibility for CONTRACTOR's failure to furnish and perform the Work in accordance with the Contract Documents. 3. The duties and responsibilities of the RPR are as follows: RPR is ENGINEER's representative at the Site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the CONTRACTOR's work in progress shall in general be with ENGINEER and CONTRACTOR. RPR's dealings with SUBCONTRACTORs shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with the CITY only with the knowledge of and under the direction of ENGINEER. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other PROJECT- related meetings, and prepare and circulate copies of minutes thereof. iv. Consider and evaluate CONTRACTOR suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER. Conduct on - Site observations of CONTRACTOR's work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. Report to ENGINEER whenever any part of CONTRACTOR's work in progress will not produce a completed PROJECT that conforms generally to the Contract Documents or will mperil the integrity of the design concept of the completed PROJECT as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. vi. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate CITY operations and maintenance personnel, and that CONTRACTOR maintains adequate records thereof. Observe, record, and report appropriate details relative to the test procedures and systems start-ups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the results of these inspections. vii. Furnish to ENGINEER and the CITY copies of all inspection, test, and system start-up reports. During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to ENGINEER for review and forwarding to the CITY prior to payment for that part of the Work. ix. Participate in visits to the PROJECT to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. x. Participate in a final visit to the PROJECT in the company of ENGINEER, the CITY, and CONTRACTOR, and prepare a final list of items to be completed and deficiencies to be remedied. xi. Observe whether all items on the final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. 4. Resident PROJECT Representative shall not: Exceed limitations of ENGINEER's authority as set forth in this Agreement. ii. Undertake any of the responsibilities of CONTRACTOR, SUBCONTRACTORs or Suppliers. ii. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of CONTRACTOR's work. iv. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of the CITY or CONTRACTOR. v. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by ENGINEER. vi. Accept shop drawing or sample submittals from anyone other than CONTRACTOR. N. TASK XIV -STARTUP ASSISTANCE AND TRAINING PHASE II IMPROVEMENTS 1. Provide onsite representation during manufacturers' startup of equipment and facilities. 2. Provide training of CITY personnel regarding the processes involved in operation of PHASE II IMPROVEMENTS O. TASK XV -PLANT PROCESS O&M MANUAL 1. Prepare an Operation and Maintenance (O& M) Manual for the treatment facilities added during the PROJECT. Deliver O&M Manuals in both electronic (PDF) format and as bound copies. ENGINEER will deliver three draft copies for review and comment by the CITY. Upon receipt of the CITY's comments, three (3) final bound copies will be delivered, as well as an electronic (PDF) copy. 2. O&M Manuals will include a description of the treatment facilities and recommendations for operation. The following topics will be included: i. Statement of manual purpose with description of processes on all major equipment under this PROJECT including discussion of process operation, flow paths, hydraulics, control variables and process efficiency for the new treatment facilities with process schematics and hydraulic profiles. ii. Detailed description of the electrical and control systems constructed under this PROJECT. Nameplate data for each major piece of equipment, list of the manufacturer's recommended spare parts, and schedule of equipment manufacturer's preventative maintenance activities for each major process equipment item constructed under this PROJECT. Warranty Statement and Warranty Start Dates for each major process equipment item constructed under this PROJECT. v. Manufacturer's Operation and Maintenance Manuals. City of Sanger SangerWWEP Perr ing and Expansion PrincipalProject Engineer in Sr. Quality Sr. amen SUIT Total Mnar Percent of protect Manager Ergini TrainingnnTotal f Manager nutlet chniclan I goase) No. and 069(ription to owl pm (last ant Plat (just (bra) arm) (hire) rat ee(s3st n(Lump Sum) a{ s EPA mods DORN Dabefign ero 12oo Izog Saw 3 +.ezz. ss=x oc Reaver (NIGER Phase Iand lg ze.m 44 w zz.w ION za.00 ...INTO S 19 di 2Xts Pmpatzanamement Earo ITIN Iw.00 sxg.Ia.00 3.23e fTlwmin Sum) Dk _. zm Eoo Ia:ro _ .z Sa,t oo .sz=:; .Plant I Rehab _. aro taro Is an tam w $ awtro .i;"A 1 2 NO Sum)PH nt (mrn FT (Loans stunt Generated Ads am a NO 140 3M Ed go S 7,651 DO BMA Seem Phase 11 ILoms Equal Sum) ml Ed * - Candrui Admin1stradon Phase 11 hego Ups) 102,00 18600 (WAS 61676 $ 70.0200 a7ad; T7.1c IT. StanDip AssIstance and reclining Phase 11 (turn ml TOTALLASO Total Labor "aunt 1900671 100,00% TOTAL EXPENSES (sea brogdoven Golden SUBCONSULTANT EXPENSES REIMBURSABLE EXPENSES Care Descrialon Markupfeelsssl Coda 3u%enevllznt Mina Budget I531gn 31 37.375 5202 A PmpnTmval[epernsea 52650 Postage A Ensure SO no 1,15 Its Lose toles 115 Map TOTAL REIMBURSABLE EXPENSES 6,380 7.338AGO vT.e. 812 (IxnnnuErtl- saga tclt � M m a cr o 3 D a � m m c So �= D m co M C 3 �h Q. Q- lF'1 p �- n' W o to su w ' ' a ani O O O su '-" tQ o" N o � N m n'C7 CQ' Z z O m 3 5 1 N W F✓ Mq W O O O F- a) O l0 vi .p W Oo w r v 3 s V 0 0 0 0 0 O r M A v1 M w 7 C A tD O W O l0 O O V Q0 TF 17 C A� N W F- J O F� F�j N O l0 O F— W V uJ LrF co Ar f) n S N cn N .A O l0 0 u'F N F— u7 V 00 l0 0 r^ O X O O X D D� M g m a a o s a n o ono m m o 0 a 3 0' O' 3 m, 3 a v O LA N W 'D h+ O N W P- N N W O W .P