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10/20/1997-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, OCTOBER 20, 1997 7:00 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 1. a) Approve Minutes b) Disbursements 3. Citizen's Input. 4. Consider and Possible Action to Appoint Municipal Court Clerk. :5. Consider and Possible Action Regarding a Request from Lone Star Gas to Erect a Transmitting Tower on City Property, 6. Consider and Possible Action Regarding a Professional Service Agreement with Hunter Associates for the Painting of the Water Tower. '%. Consider and Possible Action Regarding ETJ Final Plat of N.L. Hobbs Addition, Lots I 5, Block A, being part of the R. Bebee Survey, Abstract No. 29, 20.006 acres located on FM 455 and Marion Rd. 3. Consider and Possible Action Regarding Interlocal Agreement for Fire Protection Services between Denton County and the City of Sanger. 9. Consider and Possible Action to Award Bid on a Backhoe. :t0, Consider and Possible Action to DeteY•mine the Amount of Water the City needs to Subscribe from Upper Trinity Regional Water District. al. Discussion Regarding Setting a Date for the City Manager's Evaluation. 12, Any Other Such Matters. Be Adjourn. „t;Stlliit1111/i �y��rr %c Rosalie Chavez, City Secretary Date and Time Pasted iVHNi1TES: Special Called City Council October 1, 1997 IPRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Alice Madden, Councilman Mike James, Councilman Jimmy Frazier, Councilman Jerry Jenkins �DTHERS ]PRESENT: City Administrator Larry Keesler, City Secretary Rosalie Chavez, Representing IES: President Mickey Flood, 1. Mayor Coker Called the Meeting to Order. p. Execa�tive Session pursuant to the Open Meetings Law, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in accordance with the authority contained in Govt. Code Section 551.072 to discuss Real Estate Transactions. Mayor Coker convened Council into Executive Session at 6:25 p.m. 3. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result of items discussed in Executive Session. Mayor Coker reconvened Comflcil into Regular Session at 5:00 p.m. No 6ictio�� was taken on this item. J�iIot.ion was made by Councilman Jenkins to Adjourn. Kincaid. Seconded by Councilman ]..MNUTES: City Council October 6, 1997 )PRESENT: Mayor Pro-Tem Tommy Kincaid, Councilwoman Alice Madden, Councilman Mike James, Councilman Jimmy Frazier, Councilman Jerry Jenkins MayorALBSENTO OTHERS PRESENT: City Administrator Larry Keesler, City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Chief of Police Benny Erwin, Electric Superintendent Jeff Morris, James Ward, Pat Kraft, Librarian Vicky Elieson, Fire Chief Craig Waggoner, John & Liz Springer, Prentice Preston, Joey Nabors 1. Mayor Pro-Tem Kincaid Called the Meeting to Order. Councilman James led the Invocation which was followed by Councilman Frazier leading the Pledge of Allegiance. CONSENT AGENDA ?. a) Approve Minutes b) Disbursements Motion was made by Councilman Jenkins to Approve Consent Agenda. Seconded by Councilman James. Motion Carried unanimously. Citizen's Input. Joey Nabors, former employee of the City, addressed Council ui regards to a complaint he had with now the employees of the City were treated. Mr. Nabors expressed how he was treated as an employee. He also complained that in the past, City eml dumptruck without a CDL License to Denton to � loyees were drivnig the City Mr. Nabors indicated he was lied to and treated badly until he resigned which he has not officially done. He never received his pay raise and the steps he took to get it resolved never got him anywhere. Mr. Nabors expressed that this is the reason the turnover in personnel is so outrageous. �I. Consider and Passible Action Regarding Changes to the Code of Ordinances Section �6 iJse of Land and Buildu��s. Mr. Keesler addressed this item. He indicated that the City has very little property zoned I-1. The largest tract is northeast of Hwy 455 and Sth Street consisting of 106 acres of land with a small area zoned I4 on the frontage. PAGE 2 Mr. Keesler indicated if someone wanted to build something in I4 and it fell under Beal or W2 or B-3 zoning they would have to request a zoning change. Mr. Keesler recommended that someone be allowed to put a 114, B-2 or B-3 in an I4 or I-2 district. Councilman Jenkins asked if it would not be easier to re-evaluate the chart list on designated uses. Concerns were expressed in regards to spot zoning by Councilman Jenkins. Discussion continued. John Springer indicated that the advantage that this would give someone is that it would expedite the process, especially for small businesses in not having the cost involved and the delay for requesting a zoning change. Mr. Keesler indicated this is basically for the B-1, B-2, and B-3 being allowed to Build under I-1 or I-2. Mayor Pn•o-Tem Kincaid indicted that this does not reflect the residential zoning only the business district. Motionn was made by Councilwoman Maddeai to allow B-1, B-2, and B-3 districts be able to build in I4 or I-2 districts. Seconded by Councilman Jenkins. Motion Carried unanimously. Council made it very clear that this change would not in any way affect the residential zoning, only the business. Consider and Possible Action on Awarding Bid for Two (2) New Trucks. Mr. Keesler advised that only one bid was received from Jim 1VIcNatt in the amount of $17,639.39 for each truck. Motion was made by Councilman h'razier to Award the bid to the only bidder, Jim McNatt0 Seconded by Councilman James. Motion Carried unanimously. �5. Consider and Possible Action Regarding Contract for Professional Services for Engineering Consulting Services. This item was discussed at length. Issued addressed by Council were: Was it necessary to have an engineer when it involved just painting the water tower? Was the engineer contract for $5,000 too much for this type of service? Is the city locked into using Bunter & Associates for this type of service? Could other engineering firms be contacted to get other possible bids who actually specialize in this type of work? N i1Im. PAGE 3 Chuck Tucker indicated that he thought it was almost a requirement to have an engineer for the required inspections that are involved. He also indicated that Flunter Associates did contract with the City for engineering service on the new water tower. Motion was made by Councilman Frazier to table this item until the next Council meeting. Seconded by Councilman James. Motion Carried unanimously. Consider and Possible Action Regarding Interlocal Cooperation Agreement for Library Services with Denton County for 19974998 Fiscal Year. Librarian Vicky Elieson addressed this item. She indicated that the contract does have a few differences, mostly in reference to the services provided by the Library which the Library is providing. The per capita is based on population and funding is definitely needed. Motion was made Councilman Jenkins to Approve Interlocal Cooperation Agreement for Library Services with Denton County for 19974998 Fiscal Year. Seconded by Councilman Frazier. 8. Consider and Possible Action Approving Resolution No. R47-97 Regarding Denton Central Appraisal Districts Proposed Expansion and Renovation. Motion was made by Councilman James to Approve Resolution No. R07-97 Regarding Denton Central Appraisal Districts Proposed Expansion and Renovation. Seconded by Councilman Madden. Motion Carried unanimously. 9. Consider and Possible Action Regarding Building Permits. Chuck Tucker addressed this item and recommended that Council consider that the Plumbing, Mechanical, and Air Conditioning contractors be licensed in the same manner as the Electrical contractors. The Electrical contractors pay a $20.00 fee and post a $1,000 Surety Bond. The license is renewed each year, and expires on December 31st of each year. Chuck indicated that presently when a building contractor pulls a permit he pays all the fees; however, they seldom bring their subcontractor to sign the required permits for electric, AC, mechanical and plumbing. The City will not give the Certificate of Occupancy until all signatures are in the file which currently creates delays to the contractor. If the City required them to be licensed just as the electricians then the process will be simplified. Each Constractar would have their signature an file along with a copy of their license. The City would then not require them to sign the permits every ti o 0 1 I M. � 1.- This will speed up the process and not inconvenience the contractor upon completion to be able to obtain their Certificate of Occupancy. 1Vlotion was made by Councilman Frazier to require the Plumbing, Mechanical, and Heat c& Air Contractors to be licensed on a yearly basis starting January 1,1998 and pay the same fee as the Electricians. Seconded by Councilman Jenkins. Motion Carried unanimously. :10. Consider and Possible Action to Approve Ordinance No. 11-97 Regarding Water/Sewer Deposit. 11. Consider and Possible Action to Approve Ordinance No. 12-97 Regarding Electric Deposit. 12. Consider and Possible Action to Approve Ordinance No.13-97 Regarding Tampering Fee. 13. Consider and Possible Action to Approve Ordinance No. 14-97 Regarding Utility Reconnect Fees. 14. Consider and Possible Action to Approve Ordinance No. 15-97 Regarding Electric Service Connections. 1Vlotion was made by Councilman Jenkins to Approve Ordinances No. 11-97, 12-97, 13-97, 14-97 and 15-97. Seconded by Councilman James i i 1 1 • ,iI 1F '' 1 ' 5,000(a) OFTHE CITY OF SANGER CODE OF ORDINANCES; • 1 ROVIDING 1' THE REPEALOF ORDINANCES AND, PROVIDING FOR . DATE,FFECTIVE ORDINANCECITY OF SANGER, TEXAS o MEN 1111 IMF ORION WIN 8.000(a) AND OF THE CITY OF SANGER CODEORDINANCES; 1 ROVIDING FOR THE REPE AL OF ORDINANCES IN CONFLICT; IROVIDING1 , B 1 PROVIDING , DATE.KFIFECTIVE CITY OF SANGER, TEXAS ORDINANCE No. #13-97 AN ORDINANCE OF THE CITY OF SANGER, DFNTON COUNTY, TEXA5; t ;1 v I'1► PAGE 5 AMENDING CHAPTER 11, ARTICLE 11.300 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE, CITY OF SANGER, TEXAS ORDINANCE No. #14111e97 ,1 .. � ,f 1 '► 1 I Ifl CITY OF SANGER, TEXAS ORDINANCE No. #15111197 1�1 1 •: 1 1 1 1 1 I 1 ►1fI t 1 1 1 1 6i 1 1 1 ► 1 1 1 1 ► 1 I . 1►' 1 1 1►�IWSA IlCE in jM jo1 IVlotion Carried unanimously, Councilman Frazier asked again about possibly moving up the billing date and cutting down on the length of time given on the extensions, City Secretary advised that the reason that the City gives the length of time they are now doing is to comply with PUC Regulations. City Secretary advised that possibly when the City took over the system in 1984 from Brazos they were operating under the PUC Guidelines and Regulations. The City then possibly adopted what was already in place. City Secretary indicated the utility bills can be mailed out earlier; however it does not change the time the bills are due or wheel they get disconnected for non payment. This month they were mailed out earlier, however the due dates were still the same. Council again discussed moving the due date on the loth and moving the cut-off date up 5 days. City Secretary indicated staff was a lot stricter this month on cut offs. However, most of those disconnected came in later that same day and reconnected. Councilman Frazier uidicated his concern was to cut dawn on the time period on these customers who move out. Iidr. Kessler advised the new utility billing system will be installed this year and possibly could improve some of the problem. _1 t_1 1) Mr. Keesler asked if anyone was going to attend the TML Conference being held in Ft. Worth. He made reservations for everyone for hotel accommodations to hold the room which was $100 for each member. The Council members all indicated they would not need the hotel accommodationsif they attended. Mr. Keesler advised he would call tomorrow to cancel to get our monies refunded. 2) Jeff Morris addressed Public Power Week -which recognizes public utility that are basically owned by the citizens. It is not investor owned or co-op type owned utilities. The reason they are doing it this year is due to the competition. Jeff plans to make the citizens aware of where public power is headed. Mayor Pro-Tem Kincaid proceeded to read the Proclamation to the audience. 3) Councilman Jenkins nidicated that during the citizen's input earlier in the meeting a reference was made by Mr. Nabors in regards to unlicensed drivers. In the rules and regulations all City employees must have required CDL license for the vehicles they drive. Councilman Jenkins asked City Administrator to make sure he check into this issue. Councilman Jenkins also advised that about two meeting ago Lone Star Gas come to Council to obtain a request. Councilman Jenkins stated Lone Star Gas finished the work today. Mr. Keesler advised he will call Mr. Cunningham tomorrow. 4) Mayor Pro-Tem Kincaid indicated that someone needs to get out real early in the morning to catch the dogs running loose. Mayor indicated animal control needs to address this before it gets to be a real problem. S} Councilman James indicated to staff that he would like a citation to be issued to the property owner who has property on the corner of Acker and 455. This property is in violation of 6.101, 6.102 & 7.101. It is an eye sore and there are piles of equipment sitting on the site. Mr. Keesler advised that the Fire Marshall is presently working on this problem already. Motion was Heads by Councilman Jenkins to Adjourn. Seconded by Councilman James. Motion Carried unanimously. �. Consider and Possible Action to Appoint Municipal Court Clerk. Christy Punches has been hired as the Court Clerk to replace Julie Lundberg. It is standard procedure to appoint your Municipal Court Clerk. s. Consider and Possible Action Regarding a Request from Lone Star Gas to Erect a Transmittnig Tower on City Property. hloyd Cunningham will be here at the meeting to present their proposal. The tower that Jerry reported at the last meeting has been removed. Attached are the papers submitted by Mr. Cunningham. k Lone Star Gas Company FIOYD CUNNINGHAM300 N. Elm, Suite 104 Denton, Texas 76201 Business Development Manager (817) 382 8277 October 15, 1997 Mr. Larry Keesler, City Mgr. City Of Sanger P. O. Box 578 Sanger, Texas 76266 Dear Mr. Keesler: Lone Star Gas Company requests approval from the city of Sanger to install a 30 foot free standing tower in the city of Sanger (as per the attached sketch). This tower will be used for monitoring gas pressure near the end of Duck Creek Road. Installation of this monitoring device will enable Lone Star Gas Company to monitor and control our gas pressure in the city of Sanger 24 hours daily. This will assure better service to our customers in Sanger during extremely cold weather in that we can increase/decrease gas pressure as necessary. Your approval of this request will be greatly appreciated. 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'� Z � m' m So 0 0 i o to oCal da! jctl I O w %O ca •+ m �aIN\ �' I. � I j• I •' I . Consider and Possible Action Regarding a Professional Service Agreement with Hunter Associates for the Painting of the Water Tower. Travis Roberts, President of Hunter Associates will be here to answer any questions regarding this contract. STATE %J TEXAS CONTRACT FOR PROFESSIONAL SERVICES FOR ENGINEERING CONSULTING SERVICES 0 COUNTY OF DENTON § This CONTRACT and AGREEMENT made and entered into this the day of , 199_1 by and between the City of Sanger, Texas, a General Law City, hereinafter referred to as "City", and Hunter Associates Texas, Ltd., hereinafter referred to as "Engineer". W I T N E S S E T H: WHEREAS, Engineer has submitted, and City has approved, a proposal for the performance by Engineer of professional engineering services for the Project (herein so called) described on Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the Scope of Services (herein so called) for the Project is more fully described on Exhibit "A"; and WHEREAS, Engineer's employees or agents are duly licensed to perform professional engineering services in the State of Texas and have sufficient expertise to perform the services described in the Scope of Services to the highest professional standards; and WHEREAS, City and Engineer therefore desire to enter into this Agreement to evidence their mutual understandings and agreements for the performance by Engineer for City of the work described in the Scope of Services for the Project. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereafter set forth, City and Engineer hereby agree as follows. Engineer, referred to herein is Hunter Associates Texas, Ltd., whose address is 8140 Walnut Hill Lane, Suite 500, Dallas, Texas 75231. Engineer shall perform all of the planning, engineering, and surveying services specified within the Scope of Services (herein so called) described on Exhibit "A" attached hereto and incorporated herein by reference for the Project described on Exhibit "A". CITY OF SANGER - Contract for Professional Engineering Services Page 1 of 8 0� 01 III. DESCRIPTION OF SERVICES Engineer's services hereunder shall include and be subject to the following. A. Engineer understands that it is to work closely with the City Manager or their designated representative of City, hereinafter referred to as "Project Director", and other appropriate City officials, and, that, it is to perform any and all related tasks required of it by Project Director in order to fulfill the proposes of the work to be performed. B. Engineer shall perform all the services as set forth in the Scope of Services, attached hereto as EXHIBIT "A" and authorized by Project Director, provided however, should there be any conflict between the terms of said Scope of Services or Engineers's proposal and the terms of this Agreement, the terms of this Agreement shall be final and binding. C. Work under this Contract shall be authorized by Project Director in various phases as set forth. in the Scope of Services. Engineer and its associates or employees shall perform all the work hereunder. Engineer agrees that all its associates or employees who work on this project shall be fully qualified to undertake same and competent to do the work described hereunder. This Agreement shall become effective upon execution by the Owner and the Engineer, and shall remain in force for one year excluding review time, additional services, and any required extensions approved by the Owner. The City agrees that funds to the extent required by this contract, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Contract. A11 invoices submitted by the Engineer and approved by the City, shall be paid within thirty (30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one percent (1�) of the unpaid balance, beginning thirty (30) days from receipt of CITY OF SANGER - Contract for Professional Engineering Services Page 2 of 8 it d" V) invoice except in such case as an invoice is disputed by the City, whereby an additional fifteen (15) day period shall be allowed to resolve any disputed invoice. Be Compensation The City shall make payments to the Engineer, in the respective amounts set forth on Exhibit "B", for performing the engineering services for each phase of work within the Scope of Services which is set forth as a Basic Service on Exhibit "A" on a monthly basis. Monthly statements shall be submitted by Engineer and approved by the City. The compensation for Basic Services performed shall be based on the amount set forth in Exhibit "B". Additional services shall be as described in Exhibit "A". If the City requests, the Engineer shall furnish other services or tasks in addition to the Scope of Services proposed in the Exhibit "A" attached hereto. For performing these additional services, Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times the multiplier therefore set forth on Exhibit "B" for Additional Services, with reimbursement of all direct non -labor and subcontract expenses at the invoice cost times the multiplier therefore set forth on Exhibit "B" for Additional Services. This Contract provides for professional services, and these services will not be assigned or sublet in whole or in part except as identified herein without the consent of the City. Engineer covenants that during the Contract period Engineer and/or any of its associates or employees will have no interest and shall not acquire any interest, direct or indirect, which will conflict in any manner or degree under this Contract. Engineer agrees that none of its paid personnel shall be employees of City or have any conflicting contractual relationship with City. All activities, investigations, and other efforts made by Consultant pursuant to this Agreement shall be conducted by employees or associates of Engineer. Engineer further understands that the policy prohibits any officer or employee of the City from having any financial CITY OF BANGER - Contract for Professional Engineering Services Page 3 of 8 interest, direct or indirect, or any contract with City. Any violation of this paragraph, with knowledge expressed or implied by Engineer, shall render this Agreement voidable by the City Council of Sanger, Texas. City may request, from time to time, changes in the scope or focus of the activities, investigations and studies conducted or to be conducted by Engineer pursuant to this Agreement through Project Director or his designated representative. If in the opinion of Engineer, Project Director or his designated representative, such change would entail an increase in cost or expense to Engineer, such increase shall be mutually agreed on by Engineer and Project Director. Changes in the scope, which in the opinion of Engineer and Project Director would require additional funding by City, must first be approved by City through a duly adopted Resolution. Any reports, information, project evaluation, project designs, data or any other documentation developed by Engineer hereunder given to or prepared or assembled by Engineer which City desires to be kept confidential will not be made available to any individual or organization (except City approved subcontractors) by Engineer without the prior written approval of City. Upon acceptance or approval by City, all reports, information and other data given to , prepared or assembled by Engineer under this Contract, and any other related documents or items shall become the sole property of City and shall be delivered to City. Engineer may make copies of any and all documents for its files. Approval of Engineer's work by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, agents or associates for the accuracy and competency for their designs, reports, information and other documents nor shall approval be deemed to be the assumption of such responsibility by City for any defect or error in the aforesaid documents prepared by Engineer, its employees and associates. CITY OF BANGER - Contract for Professional Engineering Services Page 4 O f 8 XIVe CONTRACT TERMINATION r A. The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Engineer shall invoice City for all work completed and shall be compensated in accordance with the terms of this Contract for all work accomplished by it to the termination date. All reports, statistics, informational documents, and other documents, or data relating to Engineer's services hereunder shall become the property of City upon termination of this Contract. B. Nothing contained in this Contract shall require City to pay for any work which is unsatisfactory as determined by Project Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Engineer while Engineer is in default, nor shall this Article constitute a waiver of any right, at law or at equity, which City may have if Engineer is in default, including the right to bring legal action for damages or to force specific performance of this Contract. Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. All notices, communications, and reports under this Contract shall be mailed or delivered to the respective parties by depositing same in the United States mail at the address shown below, unless and until either party is otherwise notified in writing by the other party at the following address: City City of Sanger The Honorable Mayor, John W. Coker, III 201 Bolivar Street Sanger, TX 76266 Hunter Associates Texas, Ltd. J. Travis Roberts, Jr., P.E., R.P.L.S. President 8140 Walnut Hill Ln., Dallas, TX 75231 CITY OF BANGER - Contract for Professional Engineering Services Suite 500 Page 5 of 8 FIV �. •M. -• No person in the United States shall, on the grounds of race, creed, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to Engineer pursuant to the terms of this Contract. B. $pec�f�c Discriminatory Actions Prohibited Engineer may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, color, national origin, creed or sex. In the rendering of services to beneficiaries as defined herein, Engineer is performing services of the type performed prior to this Contract, and City and Engineer by the execution of this Contract do not change the independent status of Engineer. No term or provision hereof or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent of City. ENGINEER agrees to defend, indemnify and hold City, its officers, agents and employees harmless against any and all claims, lawsuits, judgements, costs and expenses and collection costs for personal injury (including death, property damage or other harm for which recovery of damages is sought) that may arise out of or be occasioned by the intentional or gross negligent breach of any terms of provisions of this contract by ENGINEER, its officers, agents, associates, employees or subconsultants, or by any other gross negligent act or omission of ENGINEER, its officers, agents, associates, employees or subconsultants, in the performance of this contract, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors or subcontractors and in the event of joint and concurrent negligence of both the Engineer and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. Engineer shall not be liable for any act of the City's contractor and its subcontractors. Engineer shall not be liable for specifying or following standard CITY OF SANGER - Contract for Professional Engineering Service' Page 6 of 8 `. 4 4 00 engineering practices and procedures and the above shall not constitute an acceptance by the Engineer of any liability that the City may incur as a result of City's actions or immunities. Engineer shall be liable to City for the amount of the funds received under this Contract which Engineer knowingly disburses in clear violation of the terms and conditions herein as remedy to the violation. 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 Adding or market conditions, Engineer's opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional engineer, familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by Engineer. This Contract contains all commitments and agreements of the parties hereto and no verbal or written commitments shall have any force or effect if not contained herein. The parties herein agree that this Contract shall be enforceable in Denton County, and if legal action is necessary to enforce it, exclusive venue shall lie in Denton County, Texas. This Contract is made subject to the existing provisions of the General Laws of the City, its rules, regulations, procedures, and ordinances, present and future, enacted upon or implemented by City and all applicable laws of the State of Texas and the United States. In interpreting the various provisions of this Contract in a Court of Law, any said court having jurisdiction shall apply the laws of the State of Texas to interpret the terms and provisions of this Agreement. CITY OF BANGER - Contract for ProFessional Engineering Services Page % O f 8 co w •• or XXV. CAPTIONS The captions to the various clauses of the Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. EXECUTED this the day of , 199 , the City of Sanger signing by and through its Mayor, duly authorized to execute same by Motion approved by the City Council on the day of 199_, and executed by Engineer. CITY OF BANGER, TEXAS By•John W. Coker, III Mayor Attest: ENGINEER Hunter Associates Texas, Ltd. By:U _ IJ Travis Roger d, Jr., P.E., .P.L.S. President CITY OF BANGER - Contract for Profeaaional Engineering Services Page 8 O f s P.. EXHIBIT IN The project is for the DESIGN and CONSTRUCTION MANAGEMENT of the repainting of the Acker Street 200,000 gallon elevated storage tank. The scope of the project technical services will involve field surveying, engineering calculations and technical design, preparation of special material and construction specifications, assembled into a complete set of specifications and bidding documents, determination of acquisition (Right -of -Way easements, etc. needs, field testing and inspections (with resident inspection to be at Owner's option) and other special engineering services as needed. The ENGINEER shall render the following professional services for the development of the PROJECT. A. PRELIMINARY PHASE Upon execution of this AGREEMENT, ENGINEER shall: a. Consult with OWNER in a Pre -Design Conference for the purpose of: (1) to review the scope of work, (2) to verify the requirements for the PROJECT, and (3) to review available data. b. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist the OWNER in connection with any such services. c. Provide analysis of OWNER's requirements for the project, including planning, surveys, site evaluations and comparative studies of prospective sites and solutions. d. Provide necessary schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and the alternative solutions available to OWNER and setting forth ENGINEER'S findings and recommendations with opinions of probable construction costs for the PROJECT, which includes estimates of contingencies and allowances for charges of professionals and consultants. A-1 it, .s P V After OWNER has issued written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: a. Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline specifications. b. Based on the information contained in the preliminary design documents, submit a revised opinion of probable PROJECT costs. c. Furnish copies of the above preliminary design documents, present and review them with OWNER. 1. Prepare detailed plans, specifications, contract documents, designs, and layouts of improvements to be constructed. The following specific items shall be included: a. A Layout Plan showing the improvements included in this AGREEMENT will be provided as sheet number two (2) of the drawings. b. Construction Materials Quality Control Program listing the required construction materials, tests and the required frequency of testing. 2. Provide the OWNER with advice, when requested, with respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations; however, the making of such investigations and the interpretations of data and reports by special consultants are not a part of the services to be rendered by the ENGINEER, and the cost therefore shall be paid by the OWNER. The ENGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc., for the PROJECT, but the cost of such laboratory tests or inspection shall be paid by the OWNER. 3. Furnish the OWNER, when requested, with the engineering data necessary for applications for routine permits required by local, state, and federal authorities. Preparation of detailed applications and supporting documents for the government grants or for planning advances will be provided as Additional services. A-2 4. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. 5. Furnish such information necessary to utility companies whose facilities may be affected or whose services may be required for the Project. 6. Prepare revised opinion of probable construction cost, and bidder's proposal forms (project quantities) of the improvements to be constructed. 7. Furnish and review with the OWNER, three (3) sets of copies of plans, specifications, and bid proposals marked "Preliminary" for approval by the OWNER. Upon final approval by the OWNER, the ENGINEER will provide the OWNER ten (10) sets of copies of "Final" plans. As directed by the OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the project, shall be furnished by the ENGINEER and shall be paid for by the OWNER at actual cost of reproduction. 8. Provide a Pre -Bid Conference, if determined necessary by the OWNER. Upon completion of the design services and approval of "Final" plans and specifications by the OWNER, the ENGINEER will proceed with the performance of services in this phase as follows: 1. Assist the OWNER in securing bids, issuing notice to bidders and notifying construction news publications. The notice to bidders will be furnished to the OWNER for publication in the local news media. The cost for publications shall be paid by the OWNER. Distribution of "Final" plans and specifications during the bid advertisement period will be from the ENGINEER's office. 2. Assist the OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by the OWNER. 3. Assist in the preparation of formal contract documents for construction contracts. 4. Assist in conducting a preconstruction conference with the Contractor(s), review construction schedules prepared by the Contractors) pursuant to the requirements of the A-3 V. q n + construction contract, and prepare a proposed estimate of monthly cash requirements of the project. A written record of the preconstruction conference will be submitted to the OWNER. 5. Make visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general, if the work is proceeding in accordance with the contract documents. In performing these services, the ENGINEER will endeavor to protect the OWNER against defects and deficiencies in the work of Contractor(s); the ENGINEER will report any observed defects or deficiencies immediately to the OWNER: however, it is understood that the ENGINEER does not guarantee the Contractor(s) performance nor is the ENGINEER responsible for supervision of the Contractor(s) operation and employees. ENGINEER shall not be responsible for the acts or omissions of any person (except his own employees and agent) at the PROJECT site or otherwise performing any of the work of the PROJECT. 6. Consult with and advise with the OWNER during construction, make recommendations to the OWNER regarding materials and workmanship, and prepare change orders with OWNER's approval. �. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and test equipment and other data pursuant to the General Conditions of Agreement in the Construction Contract. 8. Assist the OWNER in arranging for testing of materials and laboratory control during construction to be conducted at the OWNER's expense. 9. Interpret intent of the plans and specifications for the OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Additional Service. 10. Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Condition of Agreement in the Construction Contract. 11. Conduct, in company with the OWNER's representative, a final review of the PROJECT for conformance with the design concept of the PROJECT and general compliance with the contract documents; and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). A-4 ( I A' 1' f 12. Review the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two (2) sets each of prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER. 13. One (1) year after the final inspection, the ENGINEER will accompany and assist the OWNER in determining warranty compliance. 14. Maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the OWNER to assure proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the OWNER or any authorized representative, and will be retained for three (3) years after the expiration of the Contract unless permission to destroy them is granted by the OWNER. Additional Services to be performed by the ENGINEER; if authorized by the OWNER which are not included in the above described basic services, are described as follows: A. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. B. Providing shop, mill, field or laboratory inspection of materials and equipment. C. Preparing any required Operation and Maintenance Manuals or conducting operator training. D. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceeding arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. E. Furnishing the services of a Resident Project Representative to act as the OWNER's on -site representative during the Construction Phase of the PROJECT. The Resident Project Representative will act as directed by the ENGINEER in order to provide more A-5 0 % V i° 1 extensive representation at the PROJECT site during the Construction Phase. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants will be set forth in an agreed to attachment, which is to be identified, attached to and made a part of this AGREEMENT. The ENGINEER does not guarantee the Contractor's performance, nor is he responsible for supervision of the Contractor's operation and employees. Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, the ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work, but the furnishing of such Resident Project Representation will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs, or for Contractor's failure to perform the construction work in accordance with the Contract Documents. F. Assisting the OWNER in claims or disputes with Contractors(s). G. Performing investigation, studies and analysis of substitutions of equipment and/or materials or deviations from the plans and specifications. H. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. I. Providing general environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analysis, permitting assistance, and other assistance required to address environmental issues. A-6 t;, r r• ,C EXHIBIT "B" AGREEMENT FOR ENGINEERING SERVICES City shall reimburse Hunter Associates Texas, Ltds for basic engineering services provided upon portions of the following project phases per the following percentages of the contract amount: 1) Preliminary design phase 75� 2) Final design phase 10� 3) Bidding/negotiation phase 5� 4) Construction phase 10% TOTAL 100% The direct cost ceiling shall not exceed five thousand ($5,000) except in the case of a contract amendment which increased the scope of the work due to extended work scope created on this project. The Engineer shall be reimbursed for Additional Services based on the following. 1. Direct Salary Cost -- Direct Salary Cost is defined herein as the cost of salaries (including sick leave, vacation, holiday, incentive pay, plus unemployment, payroll taxes, social security, workman's compensation insurance, retirement, medical and life insurance benefits). 2. Multiglioqr -- Overhead and Administration Cost or the multiplier which is applied to Salary Cost is defined herein as a reasonable margin for contingency, interest on invested capital, readiness to serve; and is 2.0 times the direct salary cost for this project. 30 Direct Non -salary Expenses -- Non -salary expenses which are identified and provided on this project are applicable to work such as computer rental, soil testing, laboratory cost, subcontractor(s), blue printing, photocopying and binding, drafting and stenographic and surveying supplies, telephone and paging unit costs, and living or traveling expenses. A service charge of 1.25 percent is added to the actual cost paid for any direct non -salary expenses. 4. Labor Input Cost -- The work level of each employee with direct salary cost, per hour, is defined and shown on Exhibit B-1 C" attached hereto. 5. Record for the Cost of Professional Services -- Cost shall be accounted for by the Engineer with cost accounting records maintained on a monthly basis. Adequate detail hourly time records for all employees who devote time to the work and any part of those salaries, is included in direct cost and will be maintained. Applicable payroll records together with receipts will be available for inspection. 6. Payment -- Payment will be made to the Engineer during execution of the work, based on monthly invoices, and within a reasonable period of billing date. 7. Consider and Possible Action Regarding ETJ Final Plat of N.L. Hobbs Addition, Lots 1- 5, Block A, being part of the R. Bebee Survey, Abstract No. 29, 20.006 acres located on FM 455 and Marion Rd. Planning � Zoning will meet tonight to consider the final plat. I will have their recommendation at Monday night's meethig. �,. w g .LB7tC � � m .+ 5 9. w 4 n yb.y5 D5 ��R o c4� �` O~�a y4j i oo"�O ^� bi o � � d b y i � �- o •— �—� rr. e� �� N Mu MS- V� ah [-� a� �Y< �o J F S ��i ���'�� �� a�•;�� �� i E � H ���� n° � ' � � 3 a U a= �� � �_ .-, ���_�� �� �X, s a � �°� � � � ��� �r f� � s � x ,00 ooi . ,ts�ssc ' � � � � � � �, � n � �" �� � $E���� ��� � ,� a e "� � � i �� � �' y1�� �� NC ,00•ooe ,a is sa .00 s �% �" 2�� ' ~ '6N ~�r � � � � Q ��r � .4l � � ��q h 1 , 3��� v �� ;� � � a < � �O o h N ' � tf m �q .. iir 3 � N � � � M i i � � N � � a`rs � � �� V% ,00•osz � � $ � �n ,00•oss � r d v � 4 � g M�0 �N �n q (y y¢� ya N i�� � !q� O N `ifi M W .y N � Nn �sM' avnn a .ot-;" � � �� � n a _ —gar- _� ���~ � nrro�- �yd .�-�rot�'�rv— ' -� L . ��� :, ;, 3. Consider and Possible Action Regarding Interlocal Agreement for Fire Protection Services between Denton County and the City of Sanger. The agreement is for $5,000 and $137.50 per fire. Last year the Vol. Tire Chiefs asked the County to go to $150 from $100 paid in 95-96. The County did increase last year from the $100 to $125. This year's increase of $12.50 per fire brings the amount per fire up to $137.50. BRUCE ISAACKS CRIMINAL DISTRICT ATTORNEY Carmen Rivera -Worley, Assistant District Attorney (940) 565-8660 Robert Schell, Assistant District Attorney (800) 346=3189 Civil Division Metro (972) 4344925 324A East McKinney Fax (940) 383-0988 Denton, Texas 76201 September 26,1997 Honorable Nel Armstrong City of Sanger 201 Bolivar Street Sanger, TX 76266 Re: Interlocal Cooperation Agreement -Fire Dear Mayor Armstrong: Enclosed please find the fiscal year 1997-98 Interlocal Agreement for Fire Protection Services between Denton County and the City of Sanger. Please obtain the appropriate signatures on the enclosed agreements and then return both to our office within 60 days so that they may be placed on the Commissioners Court Agenda. An original will be returned to you for your files. Thank you for your assistance in this matter and if you have any questions, please feel free to give me a call. Sincerely, Lori Bowers, Legal Assistant /lb Encls. Please Note our new mailing address is: Denton County Criminal District Attorney s Office Civil Division 324A East McKinney Denton, TX 76201 THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this day of, 1997, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the CITY OF BANGER ", a municipal corporation Located in Denton COUNTY, Texas, hereinafter referred to as "CITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of COUNTY government and related services for the benefit of the citizens of Denton COUNTY; and WHEREAS, CITY is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection service and related services for the benefit of the citizens of Denton COUNTY; and WHEREAS, CITY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the BANGER FIRE CONTRACT 1997-98 0 � �) Interlocal Cooperative Act and Sections 352.001 and 352.004 Local Government Code and contract pursuant thereto; NOW, THEREFORE, COUNTY AND CITY, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the 1st day of October, 1997. The term of this agreement shall be for the period of October 1, 19976 to and through September 30, 1998. II. Services to be rendered hereunder by CITY are fire protection services normally rendered within the CITY Fire Department as hereinafter defined, to citizens of COUNTY, to wit: A. Availability and provision of emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the CITY Fire Department; said services to be rendered as described herein by said Department in all unincorporated areas within the above referenced operating territory or jurisdiction of such Department, the referenced services as set out herein are rendered by said Department in consideration of the basic funding referenced elsewhere herein and the per -call fee set out elsewhere herein, for the common good and benefit and to serve the public convenience and necessity of the citizens of Denton COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. Be The CITY Fire Department shall respond to requests for fire protection services made within COUNTY as set out in Exhibit BANGER FIRE CONTRACT 1997-98 �� �� �1 �y 2 "A" attached hereto designated reference. area 23 and incorporated by C. The COUNTY agrees that in the event a fire in the CITY's unincorporated designated area which the CITY considers to be of incendiary nature and upon request by the CITY, the COUNTY Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and prosecution of arsonists. D. It is further agreed that the CITY shall not be responsible for investigations of suspected incendiary fires in rural area, but shall cooperate with the COUNTY Fire Marshal in immediately relating all pertinent information possible to the investI gators) E. It is further agreed that the COUNTY Fire Marshal may assist in the conduct of appropriate investigations of a fire which the CITY considers to be of incendiary nature in the CITY's incorporated designated area upon request by the CITY. F. It is further agreed that the CITY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton COUNTY Fire Marshal, 110 West Hickory, Denton, Texas 76201. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated designated area. G. It is further agreed that Denton COUNTY Fire Marshal shall provide the forms upon request from the CITY. BANGER FIRE CONTRACT 1997-98 H. It is recognized that the officers and employees of CITY's Fire Department have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire Department to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. The COUNTY shall designate the COUNTY Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and CITY. The COUNTY Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, .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 provide supervision of COUNTY'S employees, agents, contractors, sub -contractors 'and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and CITY. IV. CITY shall ensure the performance of all duties and obligations of CITY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the CITY employees, agents, contractors, sub -contractors and/or laborers, BANGER FIRE CONTRACT 1997-98 � 4 if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of CITY and COUNTY. V. For the services hereinabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement the sum of FIVE THOUSAND DOLLARS ($5,000.00) upon. execution of this agreement and the sum of ONE HUNDRED THIRTY-SEVEN AND 50/100 ($137.50) DOLLARS per fire call in the designated unincorporated areas of Denton COUNTY, Texas. No payment will be made for service provided outside the service district whether by mutual aid agreement or otherwise. CITY understands and agrees that payment by COUNTY to the CITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and in conformance with applicable state law. COUNTY agrees to provide to CITY an STX 800 Mhz radio for the use of CITY in carrying out the terms of this contract. This radio will remain the property of the COUNTY and will be returned on termination of this agreement. COUNTY will bear the risk of Loss or destruction and make necessary repairs so long as CITY uses the property in a reasonable manner for the purposes of this contact. COUNTY reserves the right to reclaim the property at any time for any reason. It is agreed by COUNTY and CITY that the radio was provided for in previous contracts between COUNTY and CITY. No agreement has been made for an additional radio. BANGER FIRE CONTRACT 1997-98 �� � �,� �y� � �� 5 VI. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S officers, employees, and agents while with in its COUNTY limits. VII. COUNTY and CITY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Section 352.001 and 352.004. This agreement is made in contemplation of the applicability of these laws to the agreement. Insofar as legally possible COUNTY and CITY agree to be bound by the above mentioned statutes as they exist as of the date of this agreement. VIII. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. This agreement may be terminated any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, CITY shall be ..........:. compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as BANGER FIRE CONTRACT 1997-98 � �� ��1 e� �� �} 6 authorized by this agreement. In the event of such termination, should CITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. X. The fact that COUNTY and CITY accept certain responsibilities relating to the rendition of fire protection services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising. from the exercise of government powers and functions. XI. This agreement represents the entire and integrated agreement between CITY 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 both CITY and COUNTY. BANGER FIRE CONTRACT 1997-98 7 This agreement and any of its terms and provision, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. 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 hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. The undersigned officer and/or agents of the parties hereto are the property 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. VARA Acceptance of this contract constitutes approval .of the service area set out in exhibit "A" attached hereto. BANGER FIRE CONTRACT 1997-98 � � � � � �� e� 8 EXECUTED in duplicate originals, this 1997. COUNTY DENTON COUNTY, TEXAS 110 WEST HICKORY DENTON, TEXAS 76201 Jeff Moseley Denton COUNTY Judge Acting on behalf of and by the authority of DENTON COUNTY Commissioners Court of Denton COUNTY, Texas. ATTEST: BY: Tim Hodges Denton COUNTY Clerk APPROVED AS TO FORM: Assistant District Attorney APPROVED AS TO CONTENT: Denton COUNTY Fire Marshal CITY the day of CITY OF BANGER 201 BOLIVAR STREET BANGER, TEXAS 76266 By _ Title Acting on behalf of and by the authority of the THE CITY OF SANGER ATTEST: BY: Secretary APPROVED AS TO CONTENT: Fire Chief SANGER FIRE CONTRACT 1997-98 �7 0 �J x' a n 1♦N + — y�+t� A "�t O •( C1 if e L (41 {1h 2u 9. Consider and Possible Action to Award Bid on a Backhoe. Two bids were received as %Mows: Com�an�Name Term in Months Dallas Ford New Holland 60 �&G Tractor Co. 48 (or) 60 Monthly Payment $778.68 $9SS.05 $787M Total did $40,432.00 •:1 � .I 1 t TRACTOR LOADER BACKHOE Bid Specifications The City of Sanger will accept sealed bids for a lease purchase on one (1) tractor loader backhoe prior to 2:30 p.m., Thursday, October 9, 1997. NOTE ANY EXCEPTIONS TO THE MII'TIMUM BID SPECIFICATIONS IN THE SPACE PROVIDED. 3. 4. 5. 6. 7. 9. �1E5Ar Ulf t�65 10. 11. 12. �l�s Backhce, Center Pivot 14. �/Gt 15. cC$E A c�65 17. 18. y� 19. do> 20. y Backhoe, Side -Shift 21. 22. 23. 25. 26. Cab with Heat and Air. Diesel Fuel. 4 post r.o.p.s. enclosed cab. Backhoe bucket min. 24". Engine displacement, min. 256 cu. in. Rated engine rpm, 2200. Four speed transmission 4x4 power reversing, torque convertor. Type hydraulic system. Pump type. Pump flow at 2200 rpm 31 gpm. Minimum 1.12 cubic yard bucket size. Maximum break-out force, 12,000 lbs. Full height lifting capacity, 6,000 lbs. Dump clearance 9.5 ft. Maximum digging depth, 14 ft. 9 in. Lift capacity at 12 ft., 4,170 lbs. Maximum crowd digging force, 7,720 lbs. Maximum bucket digging force, 10,320 lbs. Maximum reach, 18 ft., 5 in. Loading height, 11 ft., 6 in. Maximum digging depth, 14 ft., 4 in. Lift capacity at 12 ti., 3,885 lbs. Maximum crowd digging force, 7,720 lbs. Maximum bucket digging force, 10,320 lbs. Maxim each, 17 ft., 10 in. Loading height, 11 ft., 10 in. y.l. CITY OF SANGER BID SPECIFICATIONS FOR TRACTOR LOADER BACKHOE PAGE 2 The City of Sanger reserves the right to reject any and all bids, and in all cases, award the bid most favorable to the City of Sanger. s Total Bid Lease Term in Months s %af: G 8 Monthly Payment # Days to Delivery, FOB Sanger Company Name Company Address .s% Interest Rate Agent Signature T�2 Phone # w/Area Code TRACTOR LOADER BACKHOE Bid Specifications The City of Sanger will accept sealed bids for a lease purchase on one (1) tractor loader backhoe prior to 2:30 p.m., Thursday, October 9, 1997. NOTE ANY EXCEPTIONS TO THE MINIMUM BID SPECIFICATIONS IN THE SPACE PROVIDED. 2, 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Backhoe, Center Pivot 14. Wit 15. P-S 16. 17. 18. � — — 19. 20. S Backhoe, Si e- hift 21. 22. 23. 24. 25. 16. Cab with Heat and Air. Diesel Fuel. 4 post r.o.p.s. enclosed cab. Backhoe bucket min. 24". Engine displacement, min. 256 cu. in. Rated engine rpm, 2200. Four speed transmission 4x4 power reversing, torque convertor. Type hydraulic system. Pump type. Pump flow at 2200 rpm 31 gpm. Minimum 1.12 cubic yard bucket size.-�,�""�14P Maximum break-out force, 12,000 lbs. Full height lifting capacity, 6,000 lbs. Dump clearance 9.5 ft. Maximum digging depth, 14 ft. 9 in. Lift capacity at 12 ft., 4,170 lbs. Maximum crowd digging force, 7,720 lbs. Maximum bucket digging force, 10,320 lbs. Maximum reach, 18 ft., 5 in. Loading height, 11 ft., 6 in. Maximum digging depth, 14 ft., 4 in. it capacity at 12 ft., 39885 lbs. Maximum crowd digging force, 7,720 lbs. Maximum bucket digging force, 10,320 lbs. Maximum reach, 17 ft., 10.m. r Loading height, 11 ft., 10 in. ;ITY OF SANGER BID SPECIFICATIONS FOR TRACTOR LOADER BACKIIOE PAGE 2 The City of Sanger reserves the right to reject any and all bids, and in all cases, award the bid most favorable to the City of Sanger. '1'otat lSl(1 48ko. gas' 05� Monthly 4 ,lease Term in Months 9040 , 6OA9 60 Address Phone # w/Area Code 14. Consider and Possible Action to Determine the Amount of Water the City needs to Subscribe from Upper Trinity Regional Water District. In 1991 the City of Sanger Subscribed for 5 MGD for water from Upper Ttrinity Regional Water District. Since that time we have been paying Administration Fee to Upper Trinity and in 94-95 we began to pay Facilities Charges for the construction of water treatment plant. Attached is a Data Sheet from Upper Trinity. When the water line is completed, we will begin to pay UTRWD $90,000 per year for the subscription of .5 MGD for the rights to that amount of water whether we use any or not. We will also pay an additional $0.75 per / 1,000 for the water we purchase from UTRWD. I have prepared a chart for you showing the estimated population to the year 2010. The demand per day is 150 gallons per day per capita. This would be the normal amount of water used during normal conditions. The peak Demand of 200 gallons per day per capita is a number of gallons in the hottest and driest conditions. Sanger has never used more than 185 gallons per day per capita. Also indicated on my chart is the amount of water produced by all of our well being 1,144,800 gallons per day. And if the largest well was out of service the amount of water produced would be 712,800. If we reduce our subscription from UTRWD by .2 MGD to .3 MGD we would have enough water for peak demand until the year 2003 considering the worst case of having your largest well out of service. Again this is planning for worst case. As you can see with all wells in service we would have enough water capacity for a peak demand until the year 2007. We would also have the capacity of normal demand past the year 2010. By reducing our subscription by .2 MGD we would save $36,000 per year in fees to the UTRWD. Bolivar Water has asked UTRWD for .2 MGD of water. UTRWD does not have any additional way to sell the water to Bolivar. The only way they could sell water to Bolivar is if Sanger gave up .2 MGD. Not only would we save $36,000 per year we would also get a one time credit of $40,000 of fees we have already paid to UTRWD. Through the year 2010 would amount we would save would be $468,000. 10/02f97 09: 22 UPPER TRINITY RWD -> 81'74584180 t .862 902 chedule s= �. Charges Subscribing o 0.1 MGD in the Regional Water Treated Project aLlklikMAMA DEMANDS PEAK PER DAY DEMAND POPULATION 150 gpdpc 200 1997 4,200 630,000 840,000 199f3 41326 6491000 866,000 1999 41485 6681000 892,000 2000 41589 6885000 918,000 2001 41727 709,000 9461000 2002 41818 7301200 974,000 2003 5,015 752,000 1,0041000 2004 51165 7741000 1,034,000 2005) 5,320 798,000 11060,000 2006 51480 822,000 11096,000 2007 51644 847,000 111281000 2008 51813 872,000 11162,000 2009 51987 898,000 11198,000 2010 61167 9257000 112341000 200,OOU 300,000 ALL WELLS 11144,800 100,000 200,000 300,000 400,000 500,000 11244,800 11344,800 1,444,800 1,5441800 11644,800 LESS 6 712,800 812,800 912,800 11012,800 11112,800 11212,800 �.J i.��� HUNTER ASSOCIATES TEXAS, LTD. ENGINEERS/PLANNERS/SURVEYORS 8140 WALNUT HILL LANE •ONE GLEN LAKES •SUITE 500 • DALLAS, TEXAS 75231-4350 • 2141369-9171 •FAX 214/696-3795 1106 CLAYTON LANE • SUITE 410E • AUSTIN, TEXAS 78723-1033 • 512/454-6716 • FAX 512/454-2433 September 30, 1997 Honorable John W. Coker, III, Mayor City Council & Staff City of Sanger 201 Bolivar Street Sanger, Texas 76266 Dear Mayor Coker, III: Hunter Associates Texas, Ltd. extends an invitation to you, the City Council and City Staff, to attend our reception and dinner, which will be held during the 1997 Texas Municipal League Conference in Fort Worth. The reception and dinner will be at the Mexican Inn Cafe in the Sundance Square area of Downtown Fort Worth (See back for location map). The reception will begin at 6.•30p.m.. Please join us to gather with friends to enjoy tasty Mexican food and dance to country music. DATE: - October 30, 1997, Thursday TIME: 6: 30 p. m. PLACE: Mexican Inn Cafe . 516 Commerce Sundance Square Downtown Fort Worth, Texas RSVP: (214) 369-9171 no later than Thursday, October 23, 1997 AT :1' THE 1997 TML CONFERENC) HUNTER ASSOCIATES TEXAS, LTD. ENGINEERS/PLANNERS/SURVEYORS DALLAS AUSTIN 214 - 369- 9171 512- 454- 8716 r HOTELS IN THE AREA P i PARKING AREAS M MEXICAN INN CAFE A. PARK CENTRAL B. RADISSON r s Barry R. McBee, Chairman R. B. "Ralph" Marquez, Commissioner John M. Baker, Commissioner Dan Pearson, Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution October 10, 1997 CERTIFIED MAIL NO. P 107 951 092 RETURN RECEIPT REQUESTED Larry Keesler, City Manager City of Sanger P.O. Box 578 Sanger, TX 76266 Re: City of Sanger Collection System, South Stemmons Line, Permit No. WQ0010271-001 Dear Mr. Keesler: We are in receipt of a September 15, 1997 report of the South Stemmons sewer line. Data provided by your engineer indicates the line cannot currently carry the dry weather peak flow, and that this problem will worsen with the addition of the 33 vacant residential lots. The report states "The existing line can carry the average flow, but for peak flow and the addition of any infiltration, the capacity of the pipe is exceeded. Line blockages downstream and the limited depth of the manhole west of the Interstate make that location the first point to overflow." We are currently aware of only the City's plan to address inflow/infiltration (I/I) problems on this line. In addition to the I/I remediation the City has planned, measures must be taken to accommodate the existing dry weather peak flow, and any additional flow from planned future development. Our Regional Office wishes to resolve this matter with you as soon as possible. Please inform this office in writing by October 22, 1997 of the steps you will take to correct this and provide us with a timetable for implementation of the corrective measures. If you or members of your staff have any questions, please feel free to contact Rachel Cummins of my staff at 1101 E. Arkansas Lane, Arlington, Texas 76010-6499; telephone (817) 469-6750. Sincerely, Regional Water Program Manager RC: rc REPLY TO: REGION 4 • 1101 E. ARKANSAS LANE • ARLINCTON, TEXAs 76010-6499 •AREA CODE 817/469-6750 P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tnrcc.state.tx.us printed on recycled piper uiinQ wy-0aud tnk