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12/18/1995-CC-Agenda Packet-RegularCITY COUNCIL December 18, 1995 MINUTES: City Council December 11, 1995 PRESENT: Mayor Nel Armstrong, Councilwoman Margie Braxton, Councilman Glenn Ervin, Councilman Jack Richardson, Councilman Joe Bell, Councilman Tommy Kincaid OTHERS PRESENT: City Secretary Rosalie Chavez, Electric Superintendent Larry Yoast, Public Works Superintendent Chuck Tucker 1. Mayor Armstrong Called Meeting to Order, led Invocation and Pledge of Allegiance. CONSENT AGENDA a) Approve Minutes b) Disbursements 1) XIT - $66,520.58 Motion was made by Councilman Bell to approve Consent Agenda. Seconded by Councilman Kincaid. Motion Carried 4-0 with 1 no vote (Councilman Richardson} 2. Consider and Possible Action Regarding Adoption of Ordinance No.17-95 Providing for the Annexation of Abstract 1241, H. Tierwester Survey, Abstract 1024, R. Prather Survey, being all of the 1.001 acres located on Duck Creek Road and Service Plan. Motion was made by Councilman Richardson to approve Ordinance No. 17-95 providing for the Annexation of Abstract 1241, H. Tierwester Survey, Abstract 1024, R. Prather Survey, being all of the 1.001 acres located on Duck Creek Road and Service Plan. Seconded by Councilman Ervin. Mal 10 1 1 � 1 1 1 S I 1•' ,IMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER )ESCRIBED PROPERTY C1N THE CITY LIMITS,1 GRANTING TO • 1 TERRITORY AND TO ALL FUTURE INHABITANTSOF SAID :'ROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS 1 BINDING 11 FUTURE INHABITANTSBY OF THE1 )RDINANCES OF SAID Motion amended to include Service Plan. Seconded by Councilman Ervin. Motion Carried unanimously. 3. Presentation of donation from Evening Lions Club. Public Works Superintendent Chuck Tucker, representing the Evening Lions Club, CC MINUTES PAGE TWO t iDIN171132MURG!- presented a donation of $5,000 from the proceeds of the Halloween Spook House to be used for the new Ball Park. Chuck gave a brief summary on the progress at the Ball Park, Mayor Armstrong gave thanks and appreciation on behalf of City Council and City to the Evening Lions Club's generous donation. 4. Consider and Possible Action Regarding Removal of Underground Storage Tank at the corner of 5th and Cherry. Mayor Armstrong gave a brief up to date report concerning her conversation with Ron Sharber at TNRCC. Mr. Sharber indicated to the Mayor that when he had been up in Sanger he had located the tank and from his observation he did not feel there was any pollution. He advised that if the City proceeded to remove the tank before the first of the year it could save the City Permit Fees. He had given the mayor two companies that the City could contact for possible bids, one was in Gainesville, the other in Krum. The business in Gainesville has gone out of business, and the other company in Krum, Nor -Tex, submitted a bid for $2,500.00. Discussed. Motion was made by Councilman Kincaid to hire Nor -Tex Pump Co in Krum to remove the underground tank located at the northeast corner of 5th and Cherry. Seconded by Councilwoman Braxton. Motion Carried unanimously. 5. Executive Session pursuant to the Open Meetings Law, Chapter 551, Govt. Code, yernon's Texas Codes Annotated, in accordance with the authority contained in Govt. Code Section 551.072 to discuss Real Estate Transactions. Mayor Armstrong convened Council into Executive Session at 7:19 p.m. 6. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result of items discussed in Executive Session. Mayor Armstrong reconvened Council from Executive Session at 7:31 p.m. Mayor Armstrong indicated Council discussed purchase of railroad property that the City is presently leasing. Councilman Richardson made the motion to authorize the Mayor to negotiate and purchase the property the City refers to as the Police Impound Lot (legally described as .09 Acres and 5.06 Acres in Abstract 29 Tract 189 consisting of 41.1671 total acreage) from Atchison, Topeka and Santa Fe Railway with a minimum of $30,000.00 and a maximum of $40,000.00. Seconded by Glenn Ervin. 000002 DECEMBER 11, 1995 Discussed. Motion Carried unanimously. 7. Any Other Such Matter. (1) Mayor Armstrong reported Welldown and still dawn. Chuck Tucker reported that he had spoken with Madewell Pump Co. and he pulled the well (pump and motor) and has encountered some problem getting them tested and he is planning to take it to Dallas to see if its the motor or pump. At this point we have to wait. Mayor Armstrong indicated Well #6 is the new one on Cemetery (McReynolds) Road, #5 is on Acker, #4 is capped, #3 and #2 are at the yard and #1 is Saute Fe Well. Chuck also reported the problem encountered Saturday was caused by the sensors freezing and it would not indicate for the pumps to come in. One of the heaters that keeps the sensors from freezing was not plugged up. (2) Mayor Armstrong gave a brief report concerning Mr. Murphy's property. She advised that Mr. Nichols, City Attorney, advised that the City could not pursue this matter until Bolivar agrees and that the City could not offer tax abatements. Mayor did advise that it appears that the City can not pursue this until after Bolivar has their Directors meeting in January. Mayor Armstrong did advise Council that if there was not a problem she would like to contact Mr. Murphy regarding the situation. (3) Mayor Armstrong reminded Chuck Tucker that the Cat and Dog Ordinance goes into effect January 1. The Mayor advised Chuck to proceed with getting the walls on the building for the pound. Councilman Ervin did advise he also had a freezer that the City could use for the dead carcasses. 8. 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'��(rC n n �':•�!" �� '� "s rya 44 Ei416P,L !CElLI t-' r1ja9C�j �a(t `s5Pi t W fWFR%i PAPER .; t.HH111GA1_ 1431 i l)MIMERU-1 !;I_r,1E_3= DFCiDOR1 [F -r. 1*65 i 1121 /' `t 18 1044 t.,- --/ 3 _ :; , SLIP'LIFQ 194E,'v;-1 1J! !9, S.t`9`(i. 1= tj9 E1C�,91 =1FA t k.., ! % ` 101 Al_ CA ?;E:t�11 f�1:p:1 FtA1 TClP�--CL- 1 7E,�= u:C� 4c'z:= L. t# d-j7Nl iEREF 7 116 i5=74 PARKoo (11 F 9 11 J= 74 C k �Y (111 f?{iCir IN HP LlPt7N !.M i I''nI I L%lviPNfwy 'IWitl iL✓III DiJI=! i-tHOL 09 "'A Yr IlilC' 1C:V NO IN41 Il i r i1 idUM11, OA F is (= +'i.;i CEO slti i I.,III . �1= !ltIl f WH 0-1_� MA It If-, F 10 M,1il`AR 84. C:CJl1N(mv)[, C'� 114 61t41. r+iFIYIJt(" I;tj(lh11:z(i..-1=.i 15 'igt CIDM IN)IS"IN'"Il ICON F 1S HAN III III, MIA PR01:BMNl-,i-4-rF G'4 ='t It i t4 uNrIr [q �.•r. r. n� � : C?IE III: C C'(.lND IFj e16t49 CITY OF SANGER P. O. Box 578 SANGER, TEXAS 76266 TO: Members of City Council FROM: Mayor Nel Armstrong DATE: December 15, 1995 SUBJ: Resolution No.19-95 -Prohibit Concealed Handguns on City -Owned Premises After Holly of the Denton Record -Chronicle called me to see if we were doing anything in regard to this resolution (other Cities are passing), I talked to Scott Jaslone, Chief of Municipal Affairs in the Attorney General's office. He told me that cities were passing this as a "Notice" so that the public would be aware that this is illegal. NA:ck CITY OF SANUER TEXAS RESOLUTION #19-95 A RESOLUTION ARTICULATING THE CITY OF BANGER'S INTENT TO PROHIBIT THE CARRYING OF CONCEALED HANDGUNS ON CITY -OWNED PREMISES; DIRECTING THE CITY ADMINISTRATOR OR DESIGNEE TO POST THE APPROPRIATE NOTICE THAT POSSESSION OF A CONCEALED HANDGUN ON CITY -OWNED PREMISES IS FORBIDDEN; AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO TAKE THOSE STEPS REASONABLE AND NECESSARY TO DENY ENTRY ONTO CITY -OWNED PREMISES BY PERSONS CARRYING CONCEALED HANDGUNS; AND PROVIDING AN EFFECTIVE DATE, BE IT RESOLVED BY THE COUNCIL OF TIC CITY OF BANGER, TEXAS: Section 1 That it is the intent of the City Council to baz persons other than peace officers from carrying or possessing concealed weapons on City -owned premises, including City -owned buildings and parking lots. Section 2 `'That the Ciry Council directs City Administrator (or his designee) to post the appropriate signa.ge and to provide such other notice, in accordance with Section 30.05 of the Texas Penal code (the Criminal Trespass law), to carry our the Council's above -stated intent. Section 3 That the City Administrator (or his designee) is authorized to take all steps reasonable and necessary to deny entry or continued presence on City -owned premises to all persons (other than peace officers) possessing concealed weapons, including prosecution of such violators for the offense of criminal trespass. Section 4 That this resolution shall take effect immediately from and after its date of passage. PASSED AND APPROVED December 18, 1995. ATTEST: Rosalie Chavez City Secretary Nel Armstrong, Mayor CITY OF SANGER P. O. Box 578 SANGER, TEXAS 76266 T O: Honorable Mayor and Members of City Council FROM: Rase Chavez, City Secretary DATE: December 15, 1995 SUBJ: Resolution No. R20-95 Resolution No. R20-95 requests application for financial assistance from the Texas Water Development Board for improvements and extensions to the City's wastewater system. NOTE: RC:ck Items 4, 5, and 6 are all necessary to proceed with this project. 12ESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD R20-95 THE STATE Ut= TEXAS § COUNTY OF DENTON CITY OF SANGER WHEREAS, the City of ,Sanger, Texas (the "City") deems it necessary to apply to the Texas crater. Development Board for financial assistance for improvements and extensions to the City's Sewer System, and WHEREAS, in accordance with the rules and regulations of the Texas Water Development Board, which governs the procedures of Making such application, the governing body of the City is required to adopt a resolution to accompany such application. BE rT RESOLVED BY TIIE CITY COUNCIL OF THE CITY QF BANGER: 1.. That the Texas Water Development Board is hereby requested to grant financia.i assistance to the City for improvements and extensions to the City's Sewer System, all as further described in the application for financial assistance. 2. That the Mayor of the City is hereby authorized to execute anti submit to the Texas Water Development Board the application for such financial assistance; and said Mayor, together with bond counsel, financial advisor, and consulting engineersm named in such application, are hereby authorized to appear before the Texas Water Development Board in support of such application and Project, 3. 'That said Mayor. is further specifically authorized to make the required assurances to the Texas Water Development Board in accordance with the rules, regulations, and policies of the Texas Water Development Board, 4. That it is hereby found and determined that the City cannot reasonably fil�ance the proposed Project without financial assistance in tie amount requested, and that the nature of the improvements proposed to be financed constitute an emergency condition, and immediate consideration of this application is requested. S. That a certified copy of this Resolution shall be attached to the application for ftnancial assistance herein authorized toe prepared and submitted t theT Development Board. e o Texas V► ater CITY OF SANGER P. O. Box 578 SANGER, TEXAS 76266 MEMORANDUM #2909 TO: Members of City Council FROM: Mayor Nel Armstrong DATE: December 15, 1995 SUBJ: .Financial Advisory Contract This contract is for Professional Services from Southwest Securities services in the capacity of Financial Advisors for the City concerning the improvements and extension to the City's wastewater system. RC:ck I ;R SOUTHWEST SECURITIES FINANCIAL ADVISORY CONTRACT The Honorable Mayor and City Council City of Sanger, Texas Ladies and Gentlemen: 1. We understand that you contemplate the authorization and issuance of approximately $940,000 of utility system revenue bonds and that in connection with the authorization, issuance, sale and delivery of such bonds, you desire this proposal from us to perform professional services in the capacity of Financial Advisors for your City. 2. By this proposal, we offer our professional services and our facilities as Financial Advisors and agree to perform the following duties normally performed by such advisors, and to perform such other duties as, in our judgment, may be necessary or advisable: a. We will make a study of the debt structure of your City, the trend of the assessed valuation, its taxing power and the present and estimated future taxing power and the present and estimated future taxing requirements. If the revenues of a system or facility are to be pledged to repayment of the securities in question, the study will take into account any outstanding obligations which are payable from the net revenues thereof, additional net revenues to arise from any proposed rate increase and the additional net revenues as projected by your consulting engineers as a result of the improvements to be financed by these securities in question; and on the basis of such study, to devise and recommend for your approval, a plan of financing to cover the proposed bonds. Such plan shall include a maturity schedule and other terms and conditions, such as options of prior payment and the like, as will, in our opinion, result in the issuance of bonds under terms and conditions most advantageous to your City, consistent with a minimum effective interest rate. b. We will assist you in obtaining competitive bids for services rendered from such other parties associated with the issuance, sale and delivery of the bonds. c. We understand that you have retained, or expect to retain, McCall, Parkhurst & Horton, L.L.P, a firm of recognized municipal bond attorneys who will prepare the proceedings and advise the steps necessary to be taken in the bond election, if required, the legal issuance of the bonds, the final delivery of the bonds and who will issue an opinion approving the legality of the bonds. The fee of said firm to be paid by the City. We will maintain liaison with this firm of bond attorneys and shall assist in all the financial advisory aspects involved in the preparation of appropriate legal proceedings and documents. 00001 MEMBER: NEW YORK STOCK EXCHANGE 1201 ELM STREET, SUITE 3500, DALLAS, TEXAS 75270 (214) 651-1800 Honorable Mayor and City Council City of Sanger, Texas Page 2 d. If a bond election is required, we will assemble and transmit to the bond attorneys such data as may be required in the preparation of the necessary petitions, orders, resolutions, notices and certificates; and will assist your governing body in the expeditious handling thereof. We will arrange for the delivery to such official as you may designate such sets of election supplies, including ballots as are required for each polling place. The cost of such supplies is to be paid by the City. e. We will represent and assist the City in the pre -application meeting and approval hearings with the Texas Water Development Board, and prepare and distribute the application for loan assistance through the State Revolving Fund. f. If any of the bonds are not sold to the State and must be sold through commercial channels, we agree to assist in the preparation of the Official Notice of Sale, Official Bid Form and Official Statement or Prospectus containing official data and other information of the nature and to the extent ordinarily required in bidding on bonds of this type, all of which we are to furnish in a sufficient number of copies to permit mailing to prospective bidders, a list of which we agree to provide. The cost of printing such Official Statements to be paid by the City. g. We will advise you of current bond market conditions. forthcoming bond issues and other general information and economic data which might normally be expected to influence interest rates or bidding conditions, so that the date for the sale of any bonds in the open market can be set at a time which, in our opinion, will be favorable. h. We agree to conduct and handle the sale and delivery of the bonds. i. We will arrange for the printing of the bonds with the cost to be paid by the City. 3. We will consult with you on the matter of bond ratings for the proposed issue and, when so instructed, will direct the preparation of such information, as in our opinion, is required for submission to the bond rating agencies. In case it is considered advisable for a personal presentation of information to the bond rating agencies, we will be available to accompany those representing the City to New York, New York for such presentation. All costs of such presentation, including any fees or charges of the rating agencies and the cost of travel by our representative, shall be at your expense. 4. If appropriate, we will direct the preparation of such information as, in our opinion, is required for submission to the municipal bond insurance companies for consideration to qualify the proposed issue for municipal bond insurance. The cost of such insurance to be paid by the successful purchaser of the proposed issue. S. We agree to direct and coordinate the entire program of financing herein contemplated and to assume and pay our own travel, communication and out-of-pocket expenses. It is specifically understood and agreed, however, that this obligation on our part shall not cover payment of any local election expenses; nor shall it cover the cost of publication of notices in 00001 Honorable Mayor and City Council City of Sanger, Texas Page 3 newspapers or other publication costs, the fees of the State of Texas Attorney General or the expenses of any litigation. 6. As consideration for the services rendered by us and as reimbursement for the expenses which we are to incur, it is understood and agreed that your City is to pay and we are to accept, a cash fee for such professional services in accordance with the fee schedule set forth on below. Such fee shall become due and payable simultaneously with delivery of the bonds to the purchaser. 11 1 $ 100,000 $ 500,000 500,000 1,000,000 1,000,000 1,500,000 1,500,000 2,500,000 2,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 No Limit :1 1 THE FEE IS $ 4,500 4,500 plus $12.00 per $1,000 for all over $100,000 9,300 plus $6.00 per $1,000 for all over $500,000 12,300 plus $5.00 per $1,000 for all over $1,000,000 14,800 plus $4.00 per $1,000 for all over $1,500,000 18,800 plus $2.40 per $1,000 for all over $2,500,000 24,800 plus $2.10 per $1,000 for all over $5,000,000 35,300 plus $1.80 per $1,000 for all over $10,000,000 53,300 plus $1.40 per $1,000 for all over $20,000,000 UVU Honorable Mayor and City Council City of Sanger, Texas Page 4 7. In the event this proposed financing is not consummated, then the fee due us shall be nothing; however, should the same or similar proposition again be considered within twenty- four (24) months from the date hereof then, at our option, the agreement covered by this proposal shall apply to any bonds authorized. 8. It is further understood and agreed that we reserve the right to submit a bid for any bonds offered for public sale. 9. This agreement shall be.terminated by the delivery to the purchaser of the bonds covered hereby or by the elapse of tw6nty4our (24) months from date of your acceptance hereof, whichever shall first occur; however, should it be advisable to extend this contract, it is further understood that this may be done by mutual consent. 10. This proposal is submitted in duplicate, and when accepted by you it will constitute the entire agreement between your City and the undersigned for the purposes and considerations herein specified. Your acceptance will be indicated by the signature of your Mayor, attested by your City Secretary on both copies, and returning one executed copy to us. Respectfully submitted, SOIT[7EiWEST SECURITIES, INC. r. Dan A. Almon, Senior Vice President ACCEPTANCE ACCEPTED pursuant to resolution adopted by the Mayor and City Council of the City of Sanger, Texas on this the day of ,1995 ATTEST: City Secretary Mayor CITY OF SANGER P. O. Box 578 SANGER, TEXAS 76266 MEMORANDUM #2910 TO: Members of City Council FROM: Mayor Nel Armstrong DATE: December 15, 1995 SUBJ: Contract for Professional Services for Engineering Consulting Services This contract is for Professional Services for Engineering Consulting Services from Hunters Associates with regard to City's sewer project. RC:ck CONTRACT FOR ENGINEERING STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES FOR CONSULTING SERVICES This CONTRACT and AGREEMENT made and entered into this the day of 199 , by and between the City of Sanger, Texas, a General Law City, hereinafter referred to as "City", and Hunter Associates, Inc., hereinafter referred to as "Engineer". W I .T N E S S E T H: RECITALS 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: I. ENGINEER Engineer, referred to herein is Hunter Associates, Inc., whose address is 8140 Walnut Hill Lane, Suite 500, Dallas, Texas 75231. II. PURPOSE 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". d\contr\sanger contract 1 Engineer's following: III. DESCRIPTION OF SERVICES services hereunder shall include and be subject to the A. Engineer understands that it is to work closely with th Manager or their designated representative hereinafter referred to as "Project Director" appropriate City officials, and, that, it is to and all related tasks required of it by Project order to fulfill the proposes of the work to be e City City, and other perform any Director in 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. IV. PERFORMANCE OF WORK 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. V. TERM OF THIS CONTRACT This Agreement shall become effective upon execution by the Owner and the Engineer, and shall remain in force for two years excluding review time, additional services, and any required extensions approved by the Owner. VI. BASIS OF COMPENSATION A. Availability of Funds 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. All 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 E unpaid balance, beginning thirty (30) days from receipt of 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. B. Compensation 1. Basic Service 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 statem6nts 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". 2. Additional Services Additional services shall be as described in Exhibit "A". VII. SPECIAL SERVICES 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. VIII. CONTRACT PERSONNEL 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. Hunter Associates, Inc. will utilize the professional services of James A. Lewis, Inc. (a woman owned business enterprise (WBE) , registered at the North Central Texas Regional Certification Agency) for field surveying. IX. CONFLICT OF INTEREST 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 3 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 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. X. CHANGE IN WORK 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. XI. CONFIDENTIAL WORK 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. XII. OWNERSHIP OF DOCUMENTS 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. XIII. ENGINEER'S LIABILITY 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. XIV. CONTRACT TERMINATION 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. XV. RIGHT OF REVIEW Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. XVI. NOTICES 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 5 Engineer Hunter Associates, Inc. J. Travis Roberts, Jr., P.E., R.P.L.S. President 8140 Walnut Hill Ln. , Suite 500 Dallas, TX 75231 XVII. DISCRIMINATION A. Discrimination Prohibited 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. Specific 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. XVII. INDEPENDENT CONTRACTOR 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. XIX. HOLD HARMLESS 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. C� Engineer shall not be liable for specifying or following standard 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. XX. OPINIONS OF COST Since Engineer has no control over the cost of labor, materials, equipment, or services' furnished by others, or over the Contractor(s)' methods o� determining prices, or over competitive bidding 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. XXI NO VERBAL AGREEMENT 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. XXII. VENUE 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. XXIII. APPLICABLE LAWS 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. XXIV. CONTRACT INTERPRETATION 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. 7 XXV. CAPTIONS The captions to the various clauses of informational purposes only and shall not the terms and conditions of this Agreement. EXECUTED this Sanger signing same by Motio the Agreement are for alter the substance of the day of , 199_, the by and through its Mayor, duly authorized to n approved by the City Council on the _, 199_, and executed by Engineer. CITY OF BANGER, TEXAS By , ,, Nel Armstrong Mayor Attest: 0 ENGINEER Hunter Associates, Inc. City of execute day of By: ___ J. Travis Roberts, Jr. P.E., R.P.L.S. President Attest: EXHIBIT "A" I. SCOPE OF SERVICES DESCRIPTION OF PROJECT The project is for the DESIGN and CONSTRUCTION MANAGEMENT of the expansion and improvement of the Sanger Sewage Treatment Plant and required associated facilities. 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 detailed plans, specifications and bidding documents, determination of acquisition (Right -of -Way easements, etc. needs, field westing and inspections (with resident inspection to be at Owner's option) and other special engineering services as needed. II. DESCRIPTION OF SERVICES The ENGINEER shall render the following professional services for the development of the PROJECT. A. PRELIMINARY PHASE 1. Study and Report 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 2. Preliminary Design Phase 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. B. DESIGN PHASE 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 planning41 A-2 advances will be provided as Additional Services. 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. C. CONSTRUCTION PHASE 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 for construction contracts. A-3 of formal contract documents 4. Assist in conducting a preconstruction conference with the Contractor(s), review construction schedules prepared by the Contractors) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the project. A written record of the preconstruction conference will be submitted tv 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 OW'IJER 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 Contractors) performance nor is the ENGINEER responsible for supervision of the Contractors) 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. 7. 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 Contractors) 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 A-4 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). 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. SECTION III ADDITIONAL SERVICES 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 A-5 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 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 EXHIBIT "B" AGREEMENT FOR ENGINEERING SERVICES PART 1: WORK SCHEDULE City shall reimburse Hunter Associates, Inc. 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% PART 2: COMPENSATION FOR ENGINEERING SERVICES Compensation to the Engineer shall be based on 7.75 % of the total construction cost. The direct cost ceiling shall not exceed sixty- five thousand ($65,000) 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. Multiplier -- 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. 3. 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 B-1 employee with direct salary cost, per hour, is defined and shown on Exhibit "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. B-2 EXHIBIT "C" H U N T E R A S S O C I A T E S, ENGINEERS/PLANNERS/SURVEYORS COST RATE SCHEDULE JANUARY 1, 1995 SALARY COSTS I N C. The Company has divided its workers into 12 experience and work levels. The Company will•bill the cost of these employees at the hourly rates shown below',times a multiplier of 2.0. WORK SUMMARY ��,y LEVEL DESCRIPTION RATE 12 Executive Engineers & President 11 Supervising Engineers & Vice Presidents 10 Associate & Principal Design Engineers 9 Senior/Project Engineers & Registered Surveyors 8 Staff Engineers, Senior Planners & Accountant 7 Engineering Assistants & Planners 6 Technical Writers, CAD Technician, & Sr. Inspectors 5 Senior Secretary, Inspectors, CAD operators 4 Secretary 3 Senior Clerical Worker 2 Clerical Workers 1 Beginners & Trainees NON -SALARY COSTS" $45.00 39.00 34.00 30.00 27.00 25.00 22.00 20.00 17.00 14.00 10.00 9.00 The Company will bill all (NON -SALARY AND SUB -CONTRACT COSTS) as shown below plus twenty-five (25%). A. Transportation expense will be charged at $.29 for cars and $.50 for trucks per mile for transportation to and from company office to the job site, or between locations. B. Cost of stakes, iron pins, laths, etc. used in construction layout and surveys are charged as they are used by the field parties or engineers, at cost; C. Blue prints and other out-of-pocket material and equipment cost will be charged at cost; D. Two -man field survey party furnished with standard equipment will be charged at the rate of sixty dollars ($60.00) per hour. Extra survey equipment and personnel would be charged C-1 as additional out-of-pocket costs; and E. The Company computer charges will be at the rate of eight dollars ($8.00) per hour. All of the above rates are subject to upward adjustment each ,Tanuary 1st by an amount equal to the U.S. construction inflation rate as published by the Government. C-2 �� y CITY OF SANGER P. O. Box 578 SANGER, TEXAS 76266 MEMORANDUM #2911 TG: Ii�lembers of City Cou�icii FROM: Mayor Nel Armstrong DATE: December 15, 1995 SUBJ: Appointment of Fair Housing/Equal Opportunity Officer We need to appoint a Fair Housing/Equal Opportunity Officer with regards to the requirements of the 1995 TCDP Project. RC:ck SSAGOVERNMENTAL SERVICE AGENCY, INC. December 4, 1995 Rose Chavez City Secretary City of Sanger P. O. Box 578 Sanger, Texas 7666 RE: Appointment of Fair Housing/Equal Opportunity Officer 1995 TCDP Project Dear Rose: Please fmd enclosed a form for the appointment of Fair Housing/Equal Opportunity Standards Officer for the referenced project. This form should be signed by the person designated to fill this position and then executed by the Mayor. As you can see, this form appoints a specific city official to coordinate fair housing and equal opportunity activities. The Fair Housing/Equal Opportunity Standards Officer needs to be a local person rather than GSA, however, should there ever be any questions, please contact me. Once this form has been completed, please mail the original directly to: Julie Hartley, Regional Coordinator Texas Department of Housing &Community Affairs P. O. Box 13941 Austin, Texas 78711-3941 Also, file a copy in file (11) Equal Employment Opportunity/Fair Housing, and please foA, ward an executed copy to me for our files. If you have any questions, please do not hesitate to contact me. Sincerely, GOVERNMENTAL SERVICE AGENCY, INC. Shelly Green Administrative Assistant 00004 9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214) 342-1892 Fax (214) 342-1896 FAIR HOUSING/EQUAL OPPORTUNITY STANDARDS OFFICER City of. Sanger Texas Community Development Address: P. O. Box 578 Program Contract No. 715739 Sanger, Texas 76266 Telephone: 817/458-7930 I, Nel Armstrong, Mayor, .appoint (Name and Title) as the Fair Housing/Equal Opportunity Standards Officer for the City of Sanger. The Fair Housing/Equal Opportunity Standards Officer shall be responsible for the oversight and compliance of fair housing and equal opportunity activities to be performed .by the City of Sanger, as required by the Texas Community Development Program No. 7157390 The Fair HousinglEqual Opportunity Standards Officer should be familiar with all civil rights laws and regulations pertaining to the Texas Community Development Program, including those described on page 8-3 of this manual and those listed on Exhibit D of the TCDP contract. Fair Housing/Equal Opportunity Standards Officer: (Signature) V Check if also acting as Section 504 Coordinator (required if locality employs 15 or more persons) Appointed by: (Signature) Date: CITY OF SANGER P. O. Box 578 SANGER, TEXAS 76266 MEMORANDUM #2912 TO: IVlembers of City Council FROM: Mayor Nel Armstrong DATE: December 15, 1995 SUBJ: Reimbursement of Expenses/Excessive Time Councilman Richardson and same other members of Council have requested this item. Councilman Richardson will address this issue. RC:ck