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HomeMy WebLinkAboutAgenda 01-19-05 Names Tabs.doc AGENDA #2502 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, JANUARY 19, 2005 AT 4:00PM I. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. II. CONSENT AGENDA A. CONSIDER: Bid Annual Contract for crushed concrete base Green Tab I B. CONSIDER: Approval of City Council Meeting Minutes for January 4, 2005 Wilson Tab II III. MAIN AGENDA A. CONSIDER: Right-of-Way License Agreement for 4044 Glenwick Corder Tab III B. CONSIDER: Request to abandon street right-of-way adjacent to 5701 Armstrong Smallwood Tab IV C. CONSIDER: Resolution to intervene in Atmos Energy gas cost prudence review docket before Texas Railroad Commission Austin Tab V D. CONSIDER: Resolution suspending Atmos Energy gas rate increase for Gas Reliability Infrastructure Program Austin Tab VI E. CONSIDER: Agreement with NJB Landscaping about design in south pool and with R.L. Goodson for engineering design of McFarlin bridge Bradley Tab VII F. CONSIDER: Ordinance amending FY 2005 budget Austin Tab VIII G. CONSIDER: Proposal from Bucher, Willis & Ratliff Corporation for engineering services for design of Pumping station associated with emergency connection between Dallas Water Utilities and City of University Park Smallwood Tab IX H. CONSIDER: Resolution opposing legislation that would negatively affect local government revenues and services Austin Tab X I. DISCUSS: Encroachment of front line building line at 3739 Binkley McLarin Tab XI J. DISCUSS: Reconstruction of Germany Park Booster Pumping Station Smallwood Tab XII As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. 5:00-5:15P.M. EXECUTIVE SESSION FOR CONSULTATION WITH CITY ATTORNEY ON POSSIBLE LITIGATION UNDER SECTION 551.071 OF THE GOVERNMENT CODE AGENDA MEMO (1/19/05 AGENDA) DATE: TO: FROM: SUBJECT: January 13, 2005 Honorable Mayor and City Council Christine Green, Purchasing Agent Bid #05-08, Annual Contract for Crushed Concrete Base Bid #05-08 for the purchase of crushed concrete base was opened December 30, 2004. This bid was posted on RFP Depot: 177 vendors received e-mail or fax notice about the bid; seven vendors viewed the bid; two vendors returned bids. Big City Crushed Concrete submitted the low bid in the amount of $5.00 per ton for the 3/8" fine material and $6.10 for the flex-type material with a $2.00 per ton delivery fee. These prices have gone down by $0.25 and $0.15 per ton respectively since the last bid in October 2002. The Street Division expects about 80% of its orders will be delivered with the remaining 20% picked up by City employees. Based on this ratio, this contract is worth approximately $50,160.00. RECOMMENDATION: Staff recommends accepting the low bid of Big City Crushed Concrete. A bid tabulation with price history is attached. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\0508memo.doc 3:13 PM 01/13 SEALED BID 05-08, CRUSHED CONCRETE BASE - ANNUAL CONTRACT - TABULATION OPENED 12/30/04, 10:00 A.M. 1. Big City Concrete 2. Earth Haulers, Inc. Description Unit Qty. Unit Price Ext. Price Unit Price Ext. Price Crushed Concrete Base, 3/8" Fine TON 6000 $5.00 $30,000.00 $5.77 $34,620.00 Crushed Concrete Base, Flex Type TON 7OO $6.10 $4,270.00 $6.56 $4,592.00 Delivery (when requested) TON $2.00 $3.75 PRICE HISTORY: 2002-2004 Vendor: Matbon Sand & Gravel DELIVERED: Crushed Concrete Base, 3/8" = $7.19/ton Crushed Concrete Base, Flex Type = $8.25/ton PICKED UP: Crushed Concrete Base, 3/8" = $5.25/ton Crushed Concrete Base, Flex Type - $6.25/ton 2000-01 Vendor: Big City Crushed Concrete DELIVERED: Crushed Concrete Base, 3/8"= $7.75/ton Crushed Concrete Base, Flex Type = $8.75/ton PICKED UP: Crushed Concrete Base, 3/8" = $5.50/ton Crushed Concrete Base, Flex Type - $6.50/ton 1998-99 Vendor: Recycled Aggregates DELIVERED: Crushed Concrete Base, 3/8" = $6.90/ton Crushed Concrete Base, Flex Type = $8.65/ton PICKED UP: Crushed Concrete Base, 3/8"= $3.00/ton Crushed Concrete Base, Flex Type - $4.75/ton MINUTES #2501 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JANUARY 4, 2005, 5:00 P.M. Mayor Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter, Harry Shawver and Kelly Walker. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS & RECOGNITION RECOGNITION: Fire Chief David Ledbetter recognized Fire Marshal Carl McMurphy and presented him with a plaque acknowledging his efforts with Southern Methodist University's Great Escape Program. The program has been recognized by the National Association of College and University Residence Halls. DEPARTMENT PINS: City Manager Bob Livingston presented a 30-year pin to Sanitation Crew Leader Juan Martinez, a 15-year pin to Police Officer Curtis Ellenburg and a 10-year pin to Police Department CID Sergeant Bob Flood for a total of 55 years of service to the City. Code Enforcement Officer Russell Craig, Building Department, was unable to attend to receive his 15- year pin and will be scheduled at a later date. ITEMS FROM THE FLOOR Ms. Julie Scharr, 3515 Haynie, spoke on behalf of the Lovers Lane Architecture & Landscape Committee, regarding outdoor lighting. She requested the date and location of the sample lights that are to be installed. Public Works Director Bud Smallwood stated they would be delivered within the next 30 days and would be installed at the intersections of Hunters Glen and Lovers Lane, Vassar and Lovers Lane and Baltimore and Lovers Lane. Mr. Bruce Fry, 3456 Lovers Lane, spoke against the reduction of the parkway on the north side of Lovers Lane. He expressed his desire that more consideration be given to the project. Public Works Director Bud Smallwood made a presentation on the Lovers Lane project and Dannie Cummings, C&P Engineering, spoke on the width of the parkway in regard to the safety of the children. Mr. Smallwood and Mr. Cummings both stated that the safety of the children had been considered in realigning the street and that there would be no unusual danger in this realignment. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Walker seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER COOPERATIVE PURCHASE OF CITY UNIFORMS FROM CEN-TEX UNIFORM SALES VIA AN EXISTING CONTRACT WITH THE CITY OF FT. WORTH: Cen-Tex has provided good clothing and customer service since their original contract began in September 1996. Approximately $19,000 per year is spent on uniforms for Public Works and Park employees, excluding work boots. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For December 14, 2004. MAIN AGENDA CONSIDER SPECIAL PARKING PROVISIONS FOR UPCOMING STATE GYMNASTICS CHAMPIONSHIPS: Highland Park High School will be hosting the Texas State High School Gymnastics Championships on April 28-30, 2005. It is estimated there will be an additional 150 to 200 cars parked in the area during that time period, as well as 12 to 16 buses. Mr. John D. Short, 6957 Orchid Lane, and supporters of this event have requested the City relax enforcement of the Residential Parking District. The City requested the school, or supporters of the gymnastics championship events, provide door hangers to notify residents in the affected area of the temporary relaxation of the ordinance and that a contact number be made available for residents to contact event organizers regarding any issues or problems with parking during the event. All Residential Parking Signs will be bagged to ensure the ease of parking and smooth flow of traffic. Councilmember Sha~wer moved approval of the special parking provisions. Councilmember Carter seconded, and the vote was unanimous to approve the provisions for April 28-30, 2005. DISCUSS RECOMMENDATION FROM PUBLIC WORKS ADVISORY COMMITTEE REGARDING RESPONSIBILITY FOR SIDEWALK CONSTRUCTION AND MAINTENANCE ON THE PUBLIC RIGHTS-OF-WAY: Earlier this year, the City Council received a citizen request that would place the responsibility for sidewalk maintenance and replacement upon the City. The Council referred the request to the Public Works Advisory Committee (PWAC) for discussion and recommendation. After considerable discussion, PWAC recommended (6 in favor, 2 opposed) that City Council not change the existing ordinance and leave the responsibility for sidewalk replacement with the abutting property owner. Council requested staff check with cities that do shared reimbursement and report back to the Council in Mid-February. CONSIDER AGREEMENT WITH THE TOWN OF HIGHLAND PARK AND DALLAS COUNTY PARK CITIES MUNICIPAL UTILITIES DISTRICT (DCPC MUD) FOR WATER CONSERVATION AND DROUGHT CONTINGENCY PLANS: The City of University Park, The Town of Highland Park and the Dallas County Park Cities Municipal Utility District are proposing a partnership to complete the water conservation plans and drought contingency plans. Under the attached Letter of Agreement, DCPCMUD will contract with Alan Plummer & Associates and pay fifty percent (50%) of the total costs associated with completion of the water conservation and drought contingency plans for each entity. The City of University Park and The Town of Highland Park would each pay twenty-five percent (25%) of the total costs and would be invoiced by DCPCMUD. The proposal from Alan Plummer & Associates totals $38,900 with an additional $5,000 in fees for optional services. Mayor Pro Tem Roberts moved approval of the agreement. Councilmember Walker seconded, and the vote was unanimous to approve the water conservation and drought contingency plans. CONSIDER ORDINANCE FOR RAIN SENSORS: As stipulated in the water conservation requirements set forth by the State of Texas, cities must implement regulations which prevent unnecessary water usage by irrigation systems on all properties. The City Code of Ordinances currently requires a freeze sensor be installed on all new lawn sprinkler systems in order to prevent such systems from operating during freezing conditions. A rain sensor would prevent sprinklers from running during a rain or immediately thereafter. Councilmember Walker moved that an enabling ordinance amending Section 3.2204 of the University Park Code of Ordinances requiring the installation of a rain sensor switch on all new irrigation systems in the city be approved. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance. ORDINANCE NO. 05/01 AN ORDiNANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES TO ADD A NEW SUBSECTION 3.2204 (f), "RAIN SENSOR"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER DISCLOSURE ON MOWING BID: On December 14, 2004, the City Council awarded a bid for mowing to Earth Green Landscaping and Maintenance, Inc., for $72,060.00 annually. On December 15, it was brought to the attention of the Director of Parks that Earth Green's owner, Jose De La Cruz, was married to a City employee, Municipal Court Clerk, Yaneth De La Cruz. City Attorney Rob Dillard suggested that disclosure of the company/employee relationship be made to the City Council as part of a City Council meeting agenda. The duties and reporting relationship of Yaneth De La Cruz are unrelated to the operations and bid process overseen by the Park Department. No unfair advantage was gained by Earth Green due to Mrs. De La Cruz's employment with the City. The recommendation to select Earth Green was based upon careful and diligent review of their bid including personal inspections of their equipment, customer site evaluations and telephone reference checks with Earth Green customers. The entire selection process was open and transparent and conducted in accordance with all City and State purchasing requirements. There is no evidence that either Mr. De La Cruz or Mrs. De La Cruz behaved improperly in any way relative to the mowing bid. The fact of the bid award to a company owned by the spouse of a City employee is more coincidence than conflict. Councilmember Carter moved that the bid be reaffirmed. An amendment will be applied to future bid documents that will spell out the necessity for bidders to disclose relatives employed by the City. Mayor Holmes seconded, and the vote was unanimous to reaffirm the awarding of the bid to Earth Green Landscaping and Maintenance, Inc. CONSIDER RESOLUTION REGARDING DALLAS COUNTY EMERGENCY MANAGEMENT PLAN: The Dallas County Emergency Management Division has updated the Dallas County Emergency Management Plan and is requesting a resolution passed by the City Council authorizing the City Manager to adopt the revised plan. The plan has been reviewed and meets the requirements of the Governor's Division of Emergency Management for the State of Texas. The plan will provide Dallas County cities with assistance from Dallas County resources in the event of an emergency beyond the control of City resources. Mayor Pro Tem Roberts moved approval of the resolution. Councilmember Walker seconded, and the vote was unanimous to approve authorizing the City Manager to adopt the revised plan. RESOLUTION NO. 05-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK TO FORM A REGIONAL EMERGENCY MANAGEMENT MUTUAL AID AGREEMENT WITH THE COUNTY OF DALLAS FOR THE PURPOSE OF PROVIDING AND RECEIVING EMERGENCY MANAGEMENT ASSISTANCE. REVIEW DESIGN/DOCUMENTATION CONTRACT WITH ALTERNATIVE PRESENTATION SERVICES (APS) FOR AUDIO VISUAL EQUIPMENT IN CITY HALL RENOVATION: Alternative Presentation Services (APS) was contacted regarding the audio visual portion of the City Hall renovation. A meeting with Sherman Lanning and Skip Mussett of APS was held in November 2004 to discuss the scope of the project. The design and documentation portion of the contract is $11,800 and will include a complete system design, a complete set of shop drawings, attendance at all contractor meetings and final budget of the system. Councilmember Shaxwer moved approval of the contract. Councilmember Carter seconded, and the vote was unanimous to contract with Alternative Presentation Services for audio visual equipment for the City Hall renovation. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 19th day of January 2005. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary AGENDA MEMO (1/19/05 AGENDA) DATE: TO: FROM: SUBJECT: ITEM: January 13, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works ROW License Agreement 4044 Glenwick Jack Little, 4044 Glenwick, has requested Council consideration of a license agreement giving him permission to work within the City's right-of-way. Mr. Little is making various drainage improvements to his property, and has requested permission to tap a surface drain into the City's storm sewer system. The nearest storm inlet is just west of the property on Preston Road. A segment of sidewalk will need to be removed; however, lane closure of Preston Road is not necessary. Before work can commence in the city ROW, a license agreement must be approved by Council. Mr. Little has satisfied the necessary insurance requirements, and has provided drawings indicating where the tap will occur. RECOMMENDATION: Staff recommends approval of the license agreement. ATTACHMENTS: License Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDAMEMO (2).doc 9:55 AM 01/13 LICENSE AGREEMENT CITY OF UNIVERSITY PARK This License Agreement (the "Agreement") effective as provided herein (the "Effective D~t0d~e"), is between, the City of University Park, a municipal corporation (the "City"), and "Licensee"). RECITALS WHEREAS, the Licensee desires to place, install, and maintain ~. -~'g ,_~ t..~. ("the Improvements") in a City right-of-way, easement or property (" the Property") at in Dallas County, Texas, as more specifically designated on Exhibit "A" attached hereto, for the · '~ I by the L~censee; ~d ~ WHEREAS, the City desires to grant Licensee the privilege to place, install, remove and maintain the Improvements on the Property upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follows: GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Property_. The City hereby licenses and authorizes the Licensee at all times during the term of this Agreement to place, install, remove, and maintain the Improvements on the Property described in Exhibit "A" attached, subject to the terms and conditions contained in this Agreement. 1.2 Exclusive Use. The Licensee may place, install, and maintain on the Property the Improvements described in Exhibit "A" to be used exclusively for the purposes of the Licensee's residence. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Building and Zoning Administrator and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 1 2.2 Review by Ci _ty. The Building and Zoning Administrator or his representative and the Director of Public Works or his representative shall review the plans and make modifications to the plans as they, in their sole discretion, consider reasonably necessary or appropriate for the preservation of the public health, safety, and welfare of the City.. 2.3 Approval and Effective Date. This Agreement and the fights and obligations hereunder shall become effective when the last one of either the Building and Zoning Administrator or his representative or the Director of Public Works or his representative has approved the plans. The Licensee agrees to place, arrange, or install the Improvements on the Property according to the approved plans. The Licensee shall not place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed onto the right-of-way, easement or Property at any time and retains the right to modify or amend the plans at any time after the Effective Date of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICATION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless the City from any liability or damages the City may suffer as a result of claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys' fees, arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to the Termination of this Agreement. 3.3 Expenses, Attorneys' Fees, and Costs. If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses, or become obligated to pay attorneys' fees or court costs, the Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. 3.4 Interest. The Licensee agrees to pay the City interest at the rate of Ten Percent (10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of Paragraph 2.3 of this agreement, or on any sum that the City is obligated to pay with respect to the matters for which indemnity is given in this Agreement, from the date such expenses or costs are incurred, or such sums are paid. 3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written notice of any claim made against the City on the obligations indemnified by the Licensee hereunder. 2 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article II of this Agreement shall not in any way limit the liability of the Licensee. 3.7 Insurance. The Licensee agrees to carry and maintain insurance during the entire term of this Agreement as follows: Public Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended. Broad Form Blanket Contractual (including Licensee's obligation hereunder) insurance in amounts not less than those required under above. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code. Such certificates shall require thirty (30) days written notice to the City in the event of default by Licensee or termination of any coverage. IV. ASSIGNMENT 4.1 Nonassignable. This License is personal to the Licensee. It is nonassignable and any attempt to assign this License will terminate the License privileges granted to Licensee under this Agreement. Vo TERMINATION 5.1 Terminable at Will. This Agreement is terminable by either party at will by the giving of thirty (30) days written notice to the other party. VI. GENERAL PROVISIONS 6.1 Governing Law. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County, Texas 6.2 Amendment. No amendment, supplement, or waiver of this Agreement or any of its 3 provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 6.4 Entirety of Agreement. This Agreement constitutes the entire Agreement between the City and the Licensee and supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licensee with respect to the subject matter of this Agreement. 6.5 Heading. The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 Sole Benefit. Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice. Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mall, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. If to the City: City Manager If to Licensee: City of University Park 3800 University Blvd. Box 8005 University Park, TX 75205-0005 IN WITNESS WHEREOF, the City and the Licensee, each acting through its respective duly authorized representative has caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: Printed Name: Title: Mayor Date: James H. Holmes III By: Printed Name: Title: Date: AGENDA MEMO (01-19-05 AGENDA) DATE: TO: FROM: SUBJECT: January 13, 2005 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider request to abandon street right-of-way adjacent to 5701 Armstrong. Background. The owner of the property at 5701 Armstrong Parkway, Mr. Thomas Flood, (NW corner of Mockingbird Parkway and Armstrong Parkway) is interested in the purchase of certain street right-of-way (R-O-W) along his Armstrong Parkway frontage. The property line (west Armstrong Parkway R.O.W.) is approximately eight feet west of the sidewalk. Mr. Thomas request is to have the City abandon a strip about 4 to 5 feet wide, from the alley south approximately fifty feet. No utilities will be impacted by the proposed sale of R-O-W, and it is staff's opinion the City has no current or future use of the subject parcel. If the Council is amenable to the request, staff will determine the fair market value for the R.O.W. and request that the City Attorney develop an abandonment ordinance, which would then be placed on the 02.08.05 agenda for Council consideration. Recommendation. Staff recommends City Council authorization to proceed with details for sale of the above-referenced street R-O-W. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AM R-O-W aband 5701 Armstrong 01 19 05.doc 8:56 AM 01/13/05 January ll, 2005 January 10, 2005 Gene R. Smallwood City of University Park City Hall - 3800 University Blvd University Park, TX 75205 RE: Abandonment of City R-O-W Dear Mr. Smallwood: We would request that the City of University Park abandon a strip of street right-of-way (R-O-W) along the east side of our new home at 5701 Armstrong Parkway. The dimensions, as shown on the attached survey, are approximately 4 ft. x 49 ft., or approximately 196 sq. ft. I will be forwarding via fax a copy of our land contract. We paid $42 per sq. ft., and would be willing to pay that amount for the property. We would like to offer the City $8,000 for the land. We will landscape the remaining U.P. property in a way that enhances the city. Sincerely, Thomas Flood AGENDA MEMO (01/19/2005 AGENDA) DATE: TO: FROM: SUBJECT: January 13, 2005 Honorable Mayor and City Council Kent Austin, Director of Finance Resolutions to intervene in natural gas cost prudence review and to suspend proposed rates authorized by GRIP Background Included on the January 19 meeting agenda are two separate but related resolutions dealing with the cost of natural gas. The City of University Park has what is known as "original jurisdiction" over gas rates because of its regulatory role as franchise administrator for natural gas within the city. Despite its misleading name, the Texas Railroad Commission has appellate jurisdiction over gas rates in Texas. As further background, you may remember that in May and August 2003 the City passed resolutions suspending and denying TXU Gas's request to increase rates up to 10.5% (Docket 9400). The Allied Coalition of Cities (ACC), of which University Park is a member, engaged consultants and legal counsel to challenge the request. In May 2004 the Railroad Commission approved an order increasing TXU's rates 2.68%. Not long after the conclusion of Docket 9400, TXU announced that Atmos Energy was purchasing TXU's gas utility operations. The sale was completed October 1, 2004. Atmos has made lwo filings in the last lwo months. The first is known as Gas Utilities Docket No. 9350, gas cost prudence review. The second is known as GUD No. 9560, Gas Reliability Infrastructure Program (GRIP) rate adjustment. The next paragraphs describing the lwo matters are provided by attorney Betsy Todd of the Austin law firm Lloyd Gosselink Blevins Rochelle & Townsend. The ACC has engaged Lloyd Gosselink to advise the cities regarding the gas cost prudence review and GRIP filing. Atmos Resolutions - Betsy Todd The lwo gas utility matters before you today deal with lwo different components of a typical customer bill. The gas bill customers receive has lwo general categories of charges: the cost of gas used; and the cost of service for getting the gas to the customer. The resolution related to Gas Utilities Docket No. 9530 (Gas Cost Prudence Review) deals with the cost of gas component of the bill. The cost of gas is not set in advance, but rather is subject to market conditions. The utility, however, is charged with the responsibility of 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO Gas resoluitions 011905.doc 1:23 PM 01/13/05 making reasonable and prudent purchases based on those market conditions. The utility is not allowed to add any markup or profit to the cost of gas actually paid by the utility, and the utility's purchases may be examined periodically to determine whether only reasonable costs have been passed on to consumers. Since 1997, TXU Gas (now Atmos Mid-Tex) has been required by the Railroad Commission to submit proof every three years that its purchasing practices have been prudent and that only reasonable costs have been charged to customers. GUD No. 9530 is the filing covering TXU's gas purchases for 2001 through 2003. If the Commission determines that unreasonable costs have been charged to customers during those years, refunds may be ordered that would affect every customer of the utility. Without the cities' intervention, the utility's purchase practices may not be properly examined. The second resolution deals with Atmos' notice of intent to implement a new type of rate increase, called a GRIP increase, that applies to the second component of a gas bill, the cost of service charge. The cost of service is the component of the bill that is set in advance by the cities or the Railroad Commission. The rates Atmos is currently charging were approved by the Railroad Commission over the cities' objection just seven months ago (May 2004) and gave Atmos an $11.5 million annual revenue increase over what previous rates were producing. Now Atmos is using the newly enacted GRIP statute in an effort to increase its annual revenues by another 8.5 million. Cost of service rates are designed to recover the utility's operating costs (operation and maintenance, general and administrative, taxes, etc.) and also include the utility's approved profits (return) on its investment in the system. With this GRIP filing, Atmos is attempting to increase the profit component of its cost of service rates due to claimed increases in capital investment in its utility system in calendar year 2003, substantially above 2002 investment levels. The unique aspect of the GRIP procedure is that the Company is not required to include information in its filing as to whether its other operating costs have decreased, thereby resulting in profits above what were allowed to be included in its currently authorized rates. Atmos' current rates are designed to recover $98 million in annual profits. Atmos has stated publicly that its operating costs for 2005 will be as much as $45 million less than TXU's for operating the same system, resulting in additional profits in that amount. If so, Atmos should not be allowed to impose another $8.5 million rate increase on customers, but Atmos should be required to reduce its rates to avoid over-earning. Atmos has also stated that it plans to file for another GRIP increase in April of this year. Under the GRIP statute, unless the cities intervene, Atmos can continue to impose these increases without disclosing its full cost information for five and one-half years after its first GRIP increase. The cities' only remedy is to suspend implementation of the GRIP increase and require the utility to disclose sufficient information to determine whether another rate increase so soon after the May 2004 increase is justified. This second resolution suspends the planned implementation of the GRIP increase. Reconunendation Staff recommends approval of the resolution authorizing City intervention in the gas cost prudence review and of the resolution suspending the proposed GRIP gas rate increase. These actions ensure that the City is fulfilling its duty as regulator of natural gas rates. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO Gas resoluitions 011905.doc 1:23 PM 01/13/05 Staff has met with Atmos Energy representative Mike Greenwood, who understands the City's position and participation in the Coalition. Attaclunents: · Gas Cost Prudence Review (Docket 9350) resolution · Suspension of Interim GRIP Rate Adjustments (Docket 9560) resolution 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO Gas resoluitions 011905.doc 1:23 PM 01/13/05 RESOLUTION NO. A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDiNGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES WHEREAS, the City of University Park, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division, ("Atmos Mid-Tex" or "the Company") and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") in December, 2004, proposing to implement interim rate adjustments ("GRIP Rate Increases") pursuant to Texas Utilities Code § 104.301 on all customers served by Atmos Mid-Tex; and WHEREAS, Atmos Energy Corporation has reported a l-vventy percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005; and WHEREAS, in May, 2004, the Railroad Commission entered its Final Order in GUD No. 9400 authorizing a rate increase that will produce additional annual revenues of $11.5 million for Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex has projected that it will experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings 1668\12\Suspension Resolution 1 are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the proposed GRIP rate increases; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP Rate Increases; and WHEREAS, the City and its residents could benefit from coordination with other cities served by Atmos Mid-Tex ("Cities") in a review of the reasonableness of the proposed GRIP Rate Increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP Rate Increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: 1. The February 15, 2005, effective date of the GRIP Rate Increases proposed by Atmos Mid-Tex is hereby suspended to permit adequate time to review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. 2. The City is authorized to cooperate with other Cities to create and participate in a Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP Rate Increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. 3. The City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP Rate Increases, including GUD No. 9560, the Company's proposed GRIP rate increase for its pipeline system filed at the Railroad Commission. 16685125Suspension Resolution 2 4. The City hereby designates Kent Austin, Director of Finance as a representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants. 5. Atmos Mid-Tex shall promptly reimburse the City's reasonable costs associated with the City's activities related to the proposed GRIP Rate Increases. Signed this 19th day of January, 2005. ATTEST: JAMES H. HOLMES, III, MAYOR NINA WILSON, CITY SECRETARY 16685125Suspension Resolution 3 RESOLUTION NO. A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, 1N ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES WHEREAS, the City Council of the City of University Park, Texas is a customer of Atmos Energy Corporation, formerly known as TXU Gas Company, (Atmos/TXU Gas) and a regulatory authority with an interest in the rates and charges of Atmos/TXU Gas; and WHEREAS, Atmos/TXU Gas made a filing at the Railroad Commission of Texas on or about September 24, 2004, now docketed as GUD No. 9530, for a gas cost prudence review of $2.2 billion in previously incurred and billed gas costs; and WHEREAS, the filing made by Atmos/TXU Gas was required by the terms of the Final Order of the Railroad Commission in GUD No. 8664; and WHEREAS, ratepayers of Atmos/TXU Gas, including the City of University Park and its residents would be entitled to a Fro rata portion of a refund associated with any costs found to have been unreasonable; and WHEREAS, the City of University Park and its residents could benefit from coordination with other Cities in a review of the reasonableness of the gas costs of Atmos/TXU Gas and the joint participation in the Railroad Commission proceedings and any subsequent litigation or appeal related to those gas costs; and 1668\09\9530~Resolution 1 WHEREAS, the reasonable costs associated with the participation of Cities in this ratemaking proceeding are reimbursable from the Company. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS THAT: 1. Intervention is hereby authorized in GUD No. 9530 and/or any successor docket at the Railroad Commission of Texas. 2. The City is authorized to cooperate with other Cities within the Atmos/TXU Gas system and hereby designates Kent Austin, Director of Finance, as a representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants and the course of settlement and/or litigation before the Railroad Commission or of an appeal to any court regarding any matter related to the gas cost prudence review filing made by Atmos/TXU Gas in 2004. 3. Atmos/TXU Gas shall promptly reimburse the City's reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. Signed this 19th day of January, 2005. ATTEST: JAMES H. HOLMES, III, MAYOR NINA WILSON, CITY SECRETARY 1668\09\9530~Resolution 2 AGENDA MEMO (1119~05 AG E N DA) DATE: TO: FROM: SUBJECT: January 12, 2005 Honorable Mayor and City Council Gerry Bradley, Director of Parks University Blvd. Drainage and Landscape Improvements Back.q round: As part of the City Hall/Goar Park Project, staff is in the process of investigating methods to improve the University Blvd. Bridge and culvert, the existing stone culvert headwalls and the adjoining landscape associated with Williams Park. Staff has contacted R.L. Goodson Engineering along with Newman, Jackson and Bieberstein, Landscape Architects in an effort to address these issues and provide cost estimates for architectural services, construction drawings and bid documents to support this project. These architectural services will provide plans to develop specifications to build headwalls similar to the new City Hall culvert providing aesthetic continuity along turtle creek and allow for landscaping enhancements at Williams Park along University Blvd. These improvements will greatly enhance the overall function and appearance of the area, creating additional usable park space for residents, while providing an enhanced visual experience to pedestrians and vehicle users utilizing the University Blvd. street corridor. Staff has contacted NJB to submit a proposal for designs of the pond headwalls and landscaping along University Blvd. based on their experience with providing similar concepts and construction drawings for the City Hall/Goar Park Project. The following proposal has been submitted by NJB for architectural services. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\Universit~ blvd .doc 9:01 AM 01/13 Architectural Services Include: * Concept and construction drawing for treatment for headwalls and culvert, with transition to existing walls. * Site plan showing side walk locations, railings, landscape plant schedule and irrigation plans. * Meetings associated with staff during construction development. Total $3,600.00 $3,100.00 $ 520.00 $7,220.00 Recommendation: Staff is requesting City Council to approve funding to support a contract in the amount of $7,200.00 for Newman, Jackson, Bieberstein to provide architectural services including drawings for the University Blvd. culvert/headwall improvements and Williams Park landscape enhancements. Attachments: Pictures: Project Location Existing Conditions 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\Universit~ blvd .doc 9:01 AM 01/13 Goar Park Williams Park University Boulevard Headwall and Landscape Project Area Bieberstein Newman, Jackson, ~ Landscape Architecture Banner Place North 12770 Coit Road, Suite 210, Dallas, Texas 75251 tel: 972.233.2033 fax: 972.233.2022 VIA FACSIMILE & MAIL December 28, 2004 Mr. Bob Livingston, City Manager City of University Park 3800 University Blvd. University Park TX 75205 UNIVERSITY BLVD. DRAINAGE IMPROVEMENTS PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES Bob: As you and I have previously discussed, NJB has been asked to make recommendations on several additional areas of study in the vicinity of the University Park City Hall. In that regard, NJB proposes to provide recommendations to the City of University Park as input to the following projects currently in progress: · Enhancements to walls and drainage structures adjacent to University Blvd. on the north end of Williams Park Pond Task 1. Enhancements to walls and drainage structures adjacent to University Blvd. on the north end of Williams Park Pond NJB will make recommendations on the south headwall of the box culvert and adjacent retaining walls that anchor the culverts as they empty into the pond at Williams Park. We will provide the following to include in R. L. Goodson's box culvert package currently being finalized: a. Recommended treatment for headwall of box culvert and recommendations for transitioning new wall construction into the existing rubble walls (preliminary and final design services). Drawings provided will include elevations of the headwall and proposed new retaining walls showing material call outs, the general design character of the walls, and any railings that may be required. Detailed structural design will be by R. L. Goodson. Our plans will be coordinated with your Park Board Chairman and will be a part of R.L. Goodson's civil drawings. b. An illustrative site plan showing sidewalk recommendations as part of the new retaining walls and headwall development in this area. Also included will be planting recommendations (preliminary design only) for the north end of Williams Park Pond to integrate existing planting into the new planting made necessary by the construction of the new box culvert headwall and adjacent retaining walls at University Blvd. Preliminary planting plans will be handed off to the City of University Park for implementation by their forces and will not be a part of the box culvert package. c. In addition to coordination meetings with R.L. Goodson Engineers, we have allowed for two (2) review meetings with city staff as part of these services. Mr. Bob Livingston, City Manager City of University Park December 28, 2004 Page 2 of 2 COMPENSATION NJB will provide the additional services as described above for the following lump sum fees: Task 1. Enhancements to walls and drainage structures adjacent to University Blvd. on the north end of Williams Park Pond a. Headwall and retaining wall recommendations b. Site and planting plan recommendations c. Review meetings with City (2) $ 3,600.00 $ 3,100.00 $ 520.00 Task 1 Total $ 7,220.00 In addition to the fees above, we will charge you at our direct cost for normal reimbursable expenses, such as postage/delivery charges, printing, CADD plotting, travel to and from the site, fees paid for securing approval of authorities having jurisdiction over the project, long distance communications, and other "out-of-pocket" expenses appropriate to our professional services. Payments for basic services, reimbursable expenses, and any approved additional services will be billed monthly. Payment is due upon receipt of invoice and is payable at the offices of Newman, Jackson, Bieberstein, Inc., Banner Place North, 12770 Coit Road, Suite 210, Dallas, Texas 75251. STATEMENT OF JURISDICTION The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. Texas Board of Architectural Examiners 333Guadalupe, Suite 2-350' Austin, TX 78701-3942 Phone (512) 305-9000 Fax (512) 305-8900 If this proposal is acceptable please sign in the space provided and return a copy for our files. We need to begin work with Goodson in this area soon so as to keep them on schedule. Sincerely, NEWMAN, JACKSON, BIEBERSTEIN, INC. Karl von Bieberstein, FASLA Vice President By: Date: APPROVED: City of University Park DATE: TO: FROM: SUBJECT: Background AGENDA MEMO (01/19/05 AGENDA) January 13, 2005 Honorable Mayor and City Council Kent R. Austin, Director of Finance Budget amendment Included on the January 19, 2005, City Council agenda is an ordinance amending the FY2005 (current year) budget. The amendment increases the General Fund expenditure budget of several departments for specific items, many of which were cut from the FY2005 budget during preparation. The amendment also increases the General Fund revenue budget by $1,000, to account for a donation to the Police Department. The specific items requested are listed below: Amount $ 1,000 $ 1,000 Dept. Item description n/a Donation by McGee Foundation General Fund revenue total 3,000 Fire 8,000 Fire 2,200 Fire 3,500 Fire 840 Fire 46,800 Fire 64,340 Mattresses 12 @ $250 Rescue air bags Positive pressure fan Blitz fire ground nozzle Straight stream nozzles 6 @ $140 Self-contained breathing units 12 @ $3,900 Fire Department subtotal $ $ 1,000 UPPD Dedication of donated funds 1,000 Police Department subtotal $ 6,250 $ 5,000 $ 4,000 $ 15,250 Parks Electrical plugs -- Snider Plaza light poles 25 @ $250 Parks Garland for City Hall, Goar Park Gazebo, Snider Plz tree/light poles Parks Additional holiday banners for Snider Plaza and University Blvd. Holiday decorations subtotal $ 30,000 Street Newspaper racks-- Snider Plaza $ 30,000 Newspaper racks subtotal $ 110,590 General Fund expenditure total $ (109,590) Net increase/(decrease) in General Fund balance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Budget Amendment memo 011905.doc Recommendation Staffrecommends approval of the proposed ordinance. This is the second budget amendment to impact the FY2005 General Fund budget, as displayed in the attached budget amendments worksheet. The net effect of the amendment will reduce unreserved fund balance in the General Fund by $109,590. Attachments: · FY2005 budget amendments worksheet · Ordinance amending FY2005 budget 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Budget Amendment memo 011905.doc CITY OF UNIVERSITY PARK, TEXAS FY 2005 BUDGET WITH AMENDMENTS SUMMARY BY FUND AND DEPARTMENT GENERAL FUND 01-11 REVENUES TOTAL GENERAL FUND REVENUES EXPENDITURES 01-02 EXECUTIVE 01-03 FINANCE 01-04 HUMAN RESOURCES 01-05 INFORMATION SERVICES 01-10 COURT 01-19 BUILDING 01-20 ENGINEERING 01-25 TRAFFIC 01-35 FACILITY MAINTENANCE 01-40 FIRE 01-50 POLICE 01-70 PARKS 01-75 SWIMMING POOL 01-80 STREETS 01-85 TRANSFERS TOTAL GENERAL FUND EXPENDS. DIFFERENCE UTILITY FUND 02-11 REVENUES TOTAL UTILITY FUND REVENUES EXPENDITURES 02-21 UTILITY OFFICE 02-22 UTILITIES 02-85 TRANSFERS TOTAL UTILITY FUND EXPENDS. DIFFERENCE SANITATION FUND 04-11 REVENUES TOTAL SANITATION FUND REVENUES EXPENDITURES 04-60 SANITATION TOTAL SANITATION FUND EXPENDS. DIFFERENCE TOTAL REVENUES TOTAL EXPENDITURES DIFFERENCE 19,924,227 21,083,215 1,000 21,084,215 $19,924,227 $21,083,215 $0 $1,000 $21,084,215 618,054 750,884 918,432 955,847 303,261 329,554 485,068 520,191 220,068 249,235 262,831 580,616 623,731 4,100 872,773 884,966 (67,933) 740,709 778,387 9,917 611,069 613,693 34,706 3,502,650 3,837,102 36,178 4,523,224 4,854,780 60,687 2,064,482 2,102,110 29,869 166,950 147,969 1,606,128 1,612,334 35,000 2,681,063 2,793,166 64,340 1,000 15,250 30,000 750,884 955,847 329,554 740,259 262,831 627,831 817,033 788,304 648,399 3,937,620 4,916,467 2,147,229 147,969 1,677,334 2,793,166 $19,923,714 $21,067,545 $362,591 $110,590 $21,540,726 $0 $513 $15,670 ($362,591) ($109,590) ($456,511) 9,451,675 10,222,831 10,222,831 $9,451,675 $10,222,831 $0 $0 $10,222,831 5,140,536 5,760,061 5,760,061 2,624,069 2,731,658 181,307 2,912,965 1,868,245 1,950,598 1,950,598 $9,632,850 $10,442,317 $181,307 $0 $ 10,623,624 ($181,175) ($219,486) ($181,307) $0 ($400,793) 2,231,450 2,231,450 2,231,450 $2,231,450 $2,231,450 $0 $0 $2,231,450 2,496,972 2,663,410 1,396 2,664,806 $2,496,972 $2,663,410 $1,396 $0 $2,664,806 ($265,522) ($431,960) ($1,396) $0 ($433,356) $31,607,352 $33,537,496 $0 $1,000 $33,538,496 $32,053,536 $34,173,272 $545,294 $110,590 $34,829,156 ($446,184) ($635,776) ($545,294) ($109,590) ($1,290,660) AMENDMENT NO. I (11/2/2004): INCLUDES ENCUMBRANCES (PURCHASE ORDERS) OPEN AT FY2004 YEAR-END THAT ARE CARRIED FORWARD INTO THE NEW YEAR (FY2005). ALSO INCLUDES TRANSFER OF ONE FULL-TIME POSITION (G.I.S. COORDINATOR) FROM ENGINEERING DEPT. TO INFO SERVICES DEPT. AMENDMENT NO. 2 (01/19/2005): AUTHORIZES SPECIFIC EXPENDITURES FOR UPPD, UPFD, PARKS, AND NEWSPAPER RACKS. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Budget Amendment memo 011905.doc ORDINANCE NO. 05/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2004-2005 FISCAL YEAR BUDGET, ORDINANCE NO. 04/35, TO APPROPRIATE $109,590 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $110,590 AND INCREASING REVENUES $1,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 04/35 to transfer funds from unreserved fund balances of the general fund into specific accounts; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 04/35, the 2004-2005 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to appropriate unreserved fund balances of $109,590 from the general fund to the specific accounts as listed on Exhibit "A" attached hereto and made part hereof for all purposes, and such expenditures are hereby authorized and made a part of the 2004-2005 fiscal year budget of the City. SECTION 2. That Ordinance No. 04/35 be, and the same is hereby, further amended so as to give effect to such appropriations and the City Manager is directed to take such administrative steps as are necessary to give effect to such amendment. SECTION 3. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 19th day of January, 2005. APPROVED: JAMES H. HOLMES, III, MAYOR 45977 ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY 45977 EXHIBIT "A" FY2005 BUDGET AMENDMENT 01/19/2005 Amount Dept. Account description Account no. Item description $ 1,000 n/a General Fund - Other Revenue 01-11-3999 Donation by McGee Foundation $ 1,000 General Fund revenue total $ 3,000 Fire Supplies and Materials 01-40-2350 Mattresses 12 @ $250 $ 8,000 Fire Fire Fighting Equipment- Light 01-40-9355 Rescue air bags $ 2,200 Fire Fire Fighting Equipment- Light 01-40-9355 Positive pressure fan $ 3,500 Fire Fire Fighting Equipment- Light 01-40-9355 Blitz fire ground nozzle $ 840 Fire Fire Fighting Equipment - Light 01-40-9355 Straight stream nozzles 6 @ $140 $ 46,800 Fire Fire Fighting Equipment - Light 01-40-9355 Self-contained breathing units 12 @ $3,900 $ 64,340 Fire Department subtotal $ 1,000 Police Guns and Equipment 01-50-3291 Dedication of donated funds $ 1,000 Police Department subtotal $ 6,250 Parks Supplies and Materials 01-70-2350 Electrical plugs -- Snider Plaza light poles 25 @ $250 $ 5,000 Parks Supplies and Materials 01-70-2350 Garland for City Hall, Goar Park Gazebo, Snider Plaza tree and light poles $ 4,000 Parks Supplies and Materials 01-70-2350 Additional holiday banners for Snider Plaza and University Blvd. $ 15,250 Holiday decorations subtotal $ 30,000 Streets Improvements 01-80-9960 Newspaper racks-- Snider Plaza $ 30,000 I Newspaper racks subtotal $ 110,590 I General Fund expendituretotal I $ (109,590) Net increase/(decrease) in General Fund 45977 DATE: TO: FROM: SUBJECT: AGENDA MEMO (01-19-05 AGENDA) January 13, 2005 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider proposal from Bucher, Willis, & Ratliff Corporation (BWR) in the amount of $122,000.00 to provide professional engineering services associated with the design of a proposed pumping station associated with an emergency interconnection between Dallas Water Utilities and the City of University Park. Background. Potable water is supplied to the City of University Park from the Dallas County Park Cities Municipal Utilities District (DCPCMUD). The water is conveyed from the DCPCMUD treatment plant at Regal Row and 1-35 via a pipeline that runs generally along Mockingbird Lane to the booster pumping station at the south end of Germany Park. That waterline is the sole source of supply to the City except for a small emergency interconnection with Dallas Water Utilities (DWU) near Greenville and Fondren, east of North Central Expressway. As evidenced by the experience during the summer of 2002, the interconnection with DWU will not meet even the most minimal demands of University Park. The City contracted with Bucher, Willis & Ratliff (BWR) in 2003 to develop a feasibility study to consider alternative solutions to the City's emergency water demand. That study was completed and reviewed by the Public Works Advisory Committee (PWAC) and the City Council. Their recommendation, ultimately endorsed by the PWAC and Council, proposed a connection to a Dallas Water Utilities' water main in Hillcrest, north of NW Highway, construction of a transmission main from that location to the City's NW Highway elevated storage tank, and install a booster pumping station at that site. The attached proposal from BWR provides the professional engineering services to design the recommended emergency water supply facilities. Recommendation. Staff recommends City Council approval of the Bucher, Willis, & Ratliff proposal. ~1~ BUCHER, WBLLIS & RATLIFF ~ll~l~lll~ CORPORA I1() N ENGINEERS Il PLANNERS Il ARCttlJECIS January 12, 2005 Mr. Gene R. Smallwood Director of Public Works City of University Park 3800 University Blvd. University Park, Texas 75205 RE: Revised Engineering Proposal Emergency Water Supply Interconnect to Northwest Parkway Water Tower Dear Mr. Smallwood: Bucher, Willis & Ratliff Corporation (BWR) is pleased to present this revised contract proposal to provide professional engineering services to the City of University Park for the design of an emergency water supply interconnect with Dallas Water Utilities to the Northwest Parkway Water Tower. The scope and magnitude of this work reflects our present understanding of the City's project. Our understanding of the project description is to provide the alignment investigations to ascertain the constructability of the project and then upon authorization from the City, continue to commence with the subsurface utility engineering, topographic design survey and preparation of detailed construction documents for bidding. The proposed alignment is provided as Exhibit "D" in our contract. The proposed water improvements include connection to a 48-inch DWU line in the vicinity of Del Norte and Hillcrest, approximately 2,450 LF of 24-inch water line, a booster pump and controls, connection to an existing water tower and landscaping/pavement repair. The conceptual opinion of probable construction costs in 2006 is $1,400,000. Coordination for the project will include DCPCMUD, DWU, Dallas PW&T and TxDOT. The City will provide coordination with the City of Dallas for pipe placement within City of Dallas ROW as well as provide construction phase services for the waterline. We propose to provide the alignment investigations and coordination with DWU, DCPCMUD and TxDOT for a lump sum amount of Six Thousand Dollars ($6,000.00). Upon written authorization from the City, we propose to provide the design phase basic professional services for a lump sum amount of Eighty-nine Thousand Dollars ($89,000.00). The special services are estimated at Twenty-seven Thousand Dollaxs ($27,000.00) and are inclusive of level B subsurface utility engineering, topographic design survey, printing/plotting, and miscellaneous expenses. The special services will be invoiced as a percent complete on the project. The total fee is estimated not to exceed One Hundred Twenty-two Thousand Dollars ($122,000.00). Additional services are cost reimbursable for the rates shown on the engineering fee budget summary and other non-labor expenses are cost reimbursable times a multiplier of 1.10. We have attached a scope of work, opinion of probable construction costs, engineering fee budget summary, and a locator map reflecting the proposed project limits. 8140 WALNUT HILL LANE, SUITE 900111 DALLAS, TEXAS 75231-4356 ITel: 214/373-7873 ]~l~x: 214/373-7875 Mr. Gene R. Smallwood January 12, 2005 Page 2 of 2 The estimated time to complete the preliminary design phase is five (5) months and is dependent on the alignment investigation. The design phase is estimated at nine (9) months and requires TxDOT, DWU, and DCPCMUD coordination and approval of the design. The total estimated time for completion is fourteen (14) months. BWR looks forward to continue working with the City of University Park to improve the safety of the citizens and businesses in the event of a temporary loss of water supply. Should you have any questions, please contact Ray Flemons, PE or myself. Sincerely, BUCHER, WILLIS & RATLIFF CORPORATION Jefl?ey S. Ground, P.E. Vice President, Municipal Services 8140 WALNUT HILL LANE, SUITE 900111 DALLAS, TEXAS 75231-4356 ITel: 214/373-7873 I~x: 214/373-7875 AGREEMENT Page 1 of 6 CITY OF UNIVERSITY PARK ENGINEERING SERVICES AGREEMENT EMERGENCY WATER SUPPLY INTERCONNECT NORTHWEST PARKWAY WATER TOWER This agreement is made by the City of University Park, Texas, a municipal corporation ("City") and Bucher, Willis and Ratliff Corporation ("Engineer"). Under this Agreement, Engineer shall provide alignment investigations and design phase engineering services for improvements to the University Park water supply system to include an emergency interconnection with Dallas Water Utilities and necessary distribution to the Northwest Parkway Water Tower (collectively, the "Project"). The City and Engineer agree: EMPLOYMENT OF THE ENGINEER. City agrees to retain Engineer, and Engineer agrees to perform professional engineering services in connection with the Project as set forth in Exhibit A. SCOPE OF SERVICES. Deviations from the scope of work may be authorized from time to time by City in writing. SCHEDULE OF WORK. Engineer agrees to begin work upon receipt of written authorization from City and to proceed diligently in accordance with the schedule specified in Exhibit A. COMPENSATION. Engineer's compensation is specified in Exhibit C. INFORMATION PROVIDED BY THE CITY. City agrees to furnish or make available to Engineer the information set forth in Exhibit A. Although every effort has been or will be made to furnish accurate information, City does not guarantee the accuracy of information it furnishes to Engineer. INSURANCE. Engineer shall maintain throughout the period of this Project and for a period of three years thereafter, a standard form of errors and omissions insurance with an insurance company satisfactory to City. Engineer shall also maintain insurance coverage for commercial general liability, automobile liability, and workers' compensation in forms and amounts satisfactory to City. Engineer shall assure that any and all consultants engaged or employed by Engineer carry and maintain similar insurance with reasonably prudent limits and coverages in light of the services to be rendered by such consultants. Engineer shall submit to City proof of such insurance in amounts satisfactory to City. Certificates of insurance or other acceptable proof of insurance shall be attached to this agreement as Exhibit E. The maintenance in full current force and effect of such form and amount of insurance, in such amount as City shall have accepted, shall be a condition precedent to Engineer's exercise or enforcement of any rights under this Agreement. Insurance polices required for Engineer shall include a provision requiring written notice to City at least thirty 10. AGREEMENT Page 2 of 6 days prior to any cancellation, non-renewal or material modification of the policies. INDEMNIFICATION. The consultant agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from any damage, liability or cost (including reasonable attorney's fees and costs of defense) to the extent caused by the Consultant's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her subconsultants or anyone for whom the Consultant is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from and damage, liability or cost (including reasonable attorney's fees and costs of defense) to the extent caused by the Client' s negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising from the project that is the subject of this Agreement. The Consultant is not obligated to indemnify the Client in any manner whatsoever for the Client' s own negligence. TRANSFER OF INTEREST. Neither City nor Engineer may assign or transfer their interests in the Agreement without the written consent of the other party. Such consent shall not be withheld unreasonably. This Agreement is binding on City, Engineer, and their successors and assigns. Nothing herein is to be construed as creating a personal liability on the part of any City officer, employee or agent. AUDITS AND RECORDS. At any time during normal business hours and as often as City may deem necessary, Engineer shall make available to City for examination, all of its records with respect to all matters covered by the Agreement and will permit City to audit, examine and make copies, excerpts, or transcripts from such records. City may also audit all contracts, invoices, payrolls records of personnel, conditions of employment and other data relating to the Agreement. EQUAL EMPLOYMENT OPPORTUNITY. Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin Engineer shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, butnot be limited to the following: employment, promotions, demotions, transfers, recruitment or recruitment advertising, layofl~, terminations, selection for training (including apprenticeships), and participation in recreational activities. Engineer agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment AGREEMENT Page 3 of 6 without regard to race, color, religion, sex or national origin. Engineer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provisions will be binding upon each subcontractor, except that the foregoing provisions shall not apply to contracts or subcontracts for customary engineering office supplies. Engineer shall keep records and submit reports concerning the racial and ethnic origin(s) of applicants for employment and employees as the law may require. 11. TERMINATION OF AGREEMENT. Either party may terminate this Agreement upon written notice to the other party at least thirty (30) days prior to the date of termination. Furthermore, City retains the right to terminate this Agreement at the expiration of each City budget period (September 30) during the term of this Agreement, even without prior notice as described in the preceding sentence. In the event of termination, Engineer shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, etc., prepared by Engineer under this Agreement. In the event of any termination hereunder, Engineer consents to City's selection of another Engineer of City's choice to assist City in any way in completing the Project. Engineer further agrees to cooperate and provide any information requested by City in connection with the completion of the Project. Engineer shall be compensated for services performed and expenses incurred up to the termination date in direct proportion to the percentage of work actually and satisfactorily completed up to the termination date. 12. OWNERSHIP OF DOCUMENTS. The City acknowledges Engineer's construction documents are instruments of professional service. However, all documents, including drawings, estimates, schedules and data used in preparation of reports are the property of City, and City shall be required to pay for these items in accordance with this Agreement. It is understood by all parties to this Agreement that any changes to these documents by someone other than Engineer shall constitute a complete revision of the documents, for which Engineer shall have no responsibility or liability. Engineer acknowledges that City will use and rely upon the said completed set of documents to implement the Project and Engineer expressly consents to such use and reliance. 13. ENGINEER'S REPRESENTATIONS. Engineer herebyrepresents, promises and warrants to City that Engineer is financially solvent and possesses sufficient experience, licenses, authority, personnel and working capital to complete the services required hereunder and that Engineer has visited the site for the Project and thoroughly familiarized itself with the local conditions under which the services required hereunder are to be performed. 14. CITY APPROVAL. City shall have the right to disapprove any portion of Engineer's work 15. 16. 17. 18. AGREEMENT Page 4 of 6 on the Project on any reasonable basis, including, but not limited to, aesthetics, or because in the opinion of the City, the construction cost of Engineer's design for the Project is likely to render such work or the Project infeasible. In the event that Engineer's work in the design phase as described herein, is not approved by City, Engineer shall proceed, when requested by City, with revisions to the work or documents prepared for that Phase to attempt to satisfy City's objections. These revisions will be made without adjustments to Engineer's compensation unless revisions are made to drawings previously approved by City, in which case such revision services shall be paid at rates to be agreed upon by City and Engineer. No payment of any nature whatsoever will be made to Engineer for additional work or services without City's written approval before such work begins. PROMPT PERFORMANCE BY ENGINEER. All services provided by the Engineer hereunder shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on the type of Project contemplated by this Agreement, and Engineer shall be responsible for all services provided hereunder whether such services are provided directly by Engineer or by any consultants hired by Engineer. Engineer shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay and will give this Project such priority in its office as is necessary to cause Engineer's services hereunder to be timely and properly performed. CITY OBJECTION TO PERSONNEL. If at any time after entering into this Agreement, City has any reasonable objection to any of Engineer's personnel, or any personnel of consultants retained by Engineer and assigned to the Project, Engineer shall promptly propose substitutes to whom City has no reasonable objection, and Engineer's compensation shall be equitably adjusted to reflect any difference in Engineer's costs occasioned by such substitution. ENTIRE AGREEMENT. This instrument contains the entire Agreement belween City and Engineer concerning the Project. RIGHT OF ACCESS. The City will acquire right-of-access on the land for the performance of required surveys or other necessary investigations. Engineer will take reasonable precautions to minimize damage to the land in the performance of such surveys and investigations. Engineer, with the assistance of City, will explain to land owners that some damage to vegetation may be unavoidable when obtaining access to the site and in performance of survey activities. 19. 20. 21. 22. 23. AGREEMENT Page 5 of 6 MAILING ADDRESSES. All notices and communications concerning this Agreement to be mailed or delivered to the City shall be sent to the address of the City as follows, unless and until the Engineer is otherwise notified: Mr. Gene R. Smallwood Director of Public Works City of University Park 3800 University Blvd. University Park, Texas 75205 All notices and communications under this Agreement to be mailed or delivered to the Engineer shall be sent to the address of the Engineer as follows, unless and until the City is otherwise notified: James R. Flemons. PE Bucher, Willis & Ratliff Corporation 8140 Walnut Hill Ln., Suite 900 Dallas, Texas 75231 Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date the notice or communication is placed in the United States Mail or hand-delivered by other means. AMENDMENTS TO AGREEMENT. The City and Engineer may amend this Agreement only in writing. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in the Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been included. GOVERNING LAW. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by and construed in accordance with Texas law. Venue for any proceeding shall be in Kaufman County, Texas. COUNTERPARTS. The Agreement may be signed in counterparts, each of which shall be deemed to be an original. 24. AGREEMENT Page 6 of 6 EFFECTIVE DATE. This Agreement shall be effective once it is signed by the City and Engineer. AGREED TO BY: BUCHER, WILLIS & RATLIFF CORPORATION By: Name: James R. Flemons, PE Title: Senior Vice President Date: CITY OF UNIVERSITY PARK, TEXAS By: Title: Dat~: ATTEST: By: Name: Title: SCOPE OF SERVICES TO BE PROVIDED BY BUCHER, WILLIS & RATLIFF CORPORATION TO CITY OF UNIVERSITY PARK FOR EMERGENCY WATER SUPPLY INTERCONNECT NORTH~VEST PARKWAY WATER TOWER Exhibit A Page 1 of 7 PROJECT DESCRIPTION The City of University Park proposes to construct water system improvements with an emergency water supply interconnect from Dallas Water Utilities to the Northwest Parkway Water Tower. The proposed water improvements include connection to a 48-inch DWU line in the vicinity of Del Norte and Hillcrest, approximately 2,450 LF of 24-inch water line, a booster pump and controls, connection to an existing water tower and landscaping/pavement repair. Services by the consultant shall include all aspects of the alignment investigation and the preliminary design phase work as set forth in the following scope of services. The parameters for design of the improvements shall include the following: · Field surveys and project control to be based on local control monumentation. · Scale of plans to be: 1" 20' Horizontal; 1" 5' Vertical for utility improvements. · Standards and typical construction details of the City, DWU, City of Dallas, NCTCOG and TxDOT may be referred to in the specifications and on the drawing rather than re- draw the standard detail. · Special details that are not included as a standard by the City shall be included in the construction documents. The Engineer shall perform the necessary engineering and related technical services for the alignment investigation and the design phase, including necessary services for development of the design according to the following sections of this agreement. Exhibit A Page 2 of 7 TASK DESCRIPTIONS - SCOPE OF SERVICES - ALIGNMENT INVESTIGAITON Pre-Work Conferences BWR will meet with the City to discuss the planning and the design criteria, work program and schedule, procedures of communication, basis of compensation, additional surveys, assignments of personnel, and any other matters that may have direct or indirect effects upon the completion and results of this project. Other work and monthly review conferences will be scheduled throughout the progress of the project. A. Provide updated schedule for survey and design on the first of each month. B. Provide weekly project updates via e-mail to the City's Project Manager. 2. Meet with DWU, DCPCMUD, TxDOT and SWB to present proposed alignment and identify potential needs, design criteria and conflicts. 3. Coordinate with the City for confirmation of available ROW for entire pipe alignment. 4. Provide correspondence and meeting minutes with other agencies to City. 5. Obtain authorization in writing from City to proceed with design basic and special services. TASK DESCRIPTIONS - SCOPE OF SERVICES - BASIC SERVICES 1. Preliminary Design Phase A. Preliminary Planning and Layout (Pre-Design) Obtain, from the City, all available property plats easements, street right-of-way widths, record drawings of the existing pavement, utilities and drainage systems, planning reports, benchmark elevations, and other data that may be pertinent in considering the alignment, location, final design, and construction of the proposed improvement. Determine from a field reconnaissance of the project area the general lay of the land for the improvements and other related appurtenances where applicable. This general layout will first address the following: a. Locations of existing utilities water, gas, electric, sanitary sewer, telephone cable, power poles, TV-cable, drainage facilities, traffic signalization controls, lighting system and fiber optic lines. b. Existing driveways. c. Availability of right-of-way. d. Access and convenience for construction operations. e. Crossing of drainage ways and structures. f. Landscape restoration. g. Proximity to private property improvements, i.e., fences, mail boxes, sidewalks, etc. h. Erosion control. i. Traffic control and routing. Exhibit A Page 3 of 7 The layout of the new facilities will be made in consideration of the following: a. Access for fire, police, and other emergency vehicles. b. Maintenance for service during construction. c. Access for property owners to their respective driveways. d. Minimum inconvenience to adjacent property owners. Take additional photographs to document the existing conditions at the project site and to identify areas of special concern in design and possible problems to be resolved. Contact the City of Dallas PW&T, DWU, Dallas County PW, TxDOT, DART, and other outside agencies to obtain the latest information on proposed improvements in the area. Provide City with copies of all correspondence. Present preliminary plans, cost projections, and recommendations to the City. a. Plot accurately all known existing features on plan and profile sheets. b. In plan view delineate the proposed improvements. In profile establish existing street grades and grades of underground utilities as based on subsurface Level B determinations and as-built plans. Provide the source of information used to locate underground facilities. c. Prepare typical sections along the pipe alignment route and prepare preliminary layouts for electrical and mechanical improvements. d. Provide information in plan view for two control points every 500-feet. e. Show on the preliminary plans the dimensions and outline of all proposed easements, temporary construction easements and right-of-way that will be required for the construction of the project. Easements and right-of-way will be obtained by the City. 6. Present five (5) copies of the preliminary plans to the City for review and distribution. This submittal will be at the thirty- percent (30%) completion stage. 7. Proceed with submitting the accepted 30% design alignment to other infrastructure owners at the direction of the City. 8. Identify any additional field surveys, as required, for the alignment of the proposed improvements. 2. Engineering Design Phase A. Engineering Design Preliminary Drafting a. Prepare preliminary work on plan or plan/profile sheets, appropriate for: 1. Cover sheet 2. Location map 3. Subsurface investigation data 4. Title blocks, north arrows, scales, benchmarks, etc. 5. Miscellaneous special details as may be Prepare preliminary work on specifications for: 1. Standard specifications 2. Special conditions 3. Cover sheet 4. Proposal, bid schedule, and contract documents Exhibit A Page 4 of 7 Preliminary Design a. Perform field-surveying and prepare drawings, notes and CADD files for drafting profiles and topography. b. Prepare layouts of proposed improvements and other related appurtenances. c. Investigate and resolve conflicts with existing utility (water, sewer, drainage, gas, telephone, and electric) locations, depths, etc. d. Field-check preliminary drawings and specifications. e. Present five (5) sets of the plans and specifications to the City for review, discussions, and comment. This submittal will be at sixty percent (60%) completion stage. f. Submit appropriate number of copies of the plans to the utility companies for review and comment. Final Plans and Specifications a. Prepare construction plans to conform to final comments of the City, the utility companies, and other agencies from the preliminary design reviews. b. Prepare final details. c. Update final quantity of materials. d. Prepare final bid schedule, special conditions, technical specifications, proposal, and contract documents. e. Prepare final opinion of probable construction costs. f. Present five (5) sets of the final documents for the bidding phase to the City for approval. This submittal will be at one hundred percent (100%) completion stage. g. Correct any discrepancies prior to Bid Phase and re-submit for approval. 3. Advertising and Receiving Bids Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. The Engineer will verify with the City the number of copies to be printed prior to proceeding with the final printing. All plans, specifications, and bidding documents will be distributed from the Engineer's office for requests received by the bidders and suppliers. Payment for the plans, specifications, and bidding documents will be retained by the Engineer. C. Attend pre-bid conference, as directed by the City. The Engineer shall prepare a bid tabulation sheet to be used at the bid opening. The sheet shall contain the names of all firms that received bid packages, columns for acknowledgement of addenda, bid bonds and base bid information. Exhibit A Page 5 of 7 Assist the City in securing, opening, tabulating and analyzing the bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. The Engineer will develop a complete bid tabulation package. F. Assist in the engineering phases in preparing the formal contract documents between the Contractor and the City. Meet (Pre-Construction Conference) with the City, the Contractor, and other interested parties to discuss the total work program and schedule, procedures of communication, special concerns, coordination with others, additional surveys, field testing and inspections, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. Construction Phase (limited to work on the water tower site) General Review of Construction at the Northwest Parkway Water Tower. City will provide construction phase services for the waterline. 1. Review construction procedures at the project site. (Four (4) month construction period) 2. Consult and advise with the City during construction. 3. Review shop and working drawings furnished by the Contractor. 4. Conduct a final review of the Project in company with the Contractor and the City's representative. 5. Revise contract drawings from information furnished by the Contractor and Resident Project Representative, and provide one (1) Mylar set of Record Drawings to the City. Record drawings will be submitted in .tif file format along with a cad format of the plans on CD or disk. TASK DESCRIPTIONS - SCOPE OF SERVICES - SPECIAL SERVICES 1. Special Services Provide Field Topographic Surveys for Design 1. Establish existing property boundaries and right-of-way along the project alignment as determined in the field and from plats researched. 2. Establish baseline and horizontal ground controls with local Geodetic Monumentation. 3. Establish benchmark locations to be utilized for vertical control. 4. Obtain topographic field data, cross-sections, elevations, etc. 5. Obtain locations and depths per existing plan records of known existing utilities. 6. Locate trees along alignments. Provide Subsurface Utility Engineering (Level B Designation) 1. Contact Dig-Tess (one-call) agency and acquire municipalities. Exhibit A Page 6 of 7 records from local 2. Designate horizontal and vertical location of utilities as determined with designation equipment. 3. Scan the defined area for "unknown" utilities not identified by record drawings or Dig-Tess. 4. Designate each utility to within one foot either side of utility and instrument determined depth to top of utility. 5. Vacuum excavation (Level A) is an additional service. Vacuum excavation can be performed on specific locations identified by the preferred pipe alignment. Provide ROW research and identify property owners along alignment. Preparation of Legal Descriptions and Exhibits for ROW or Easements will be as an additional service. Arrange for and coordinate the subcontract services of a geotechnical firm for soils and subsurface investigations. The depth to the rock line and groundwater will be indicated on the plans. The cost of the geotechnical report is an additional service and is a reimbursable expense at actual cost times a multiplier of 1.1 unless the report is provided by the City. Arrange for plotting and printing of the plans for distribution to City and other agencies. TASK DESCRIPTIONS - SCOPE OF SERVICES - ADDITIONAL SERVICES 1. Additional Services A. Legal descriptions and exhibits for ROW or easements. B. Construction Phase Services for waterline. C. Field surveys for locating control makers and reference for construction. D. Construction staking. INFORMATION PROVIDED BY THE CITY 1. Designate a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. 2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, and furnish copies of all design and construction standards which OWNER will require to be included in the plans and specifications. 3. Provide available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4. Provide notice to citizens. Exhibit A Page 7 of 7 Provide as requested, all available property plats easements, street right-of-way widths, record drawings of the existing pavement, utilities and drainage systems, planning reports, transportation and utility master plans, benchmark elevations, and other data that may be pertinent in considering the alignment, location, final design, and construction of the proposed improvement within University Park. ENGINEER will solicit data from other agencies. SCHEDULE OF WORK The estimated time to complete the Preliminary Design Phase is five (5) months and the Design Phase nine (9) months. The total estimated project time is fourteen (14) months. Exhibit B Page 1 of 1 OPINION OF PROBABLE CONSTRUCTION COSTS PROJECT: EMERGENCY WATER SUPPLY INTERCONNECT TO DWU LOCATION: WATER TOWER AT NORTHWEST PARKWAY AND HILLCREST DATE: NOVEMBER 12, 2004 PREPARED BY: JEFFREY S. GROUND, P.E. ITEM ESTIMATED PRICE PER 1 MOBILIZATION LS 1 $80,000.00 $80,006 2 BOOSTER PUMP AND CONTROLS EA 1 $125,000.00 $125,006 3 WATER TOWER MODIFICATIONS SF 450 $200.00 $90,006 4 48"x24" CUT-IN TAP EA 1 $20,000.00 $20,006 5 24" RCCP LF 2340 $120.00 $280,806 6 12" DUCTILE IRON PIPE LF 100 $150.00 $15,006 7 12" FITTINGS EA 10 $1,200.00 $12,006 8 24" FITTINGS EA 14 $1,500.00 $21,006 9 12" BUTTERFLY VALVES EA 2 $2,000.00 $4,006 10 24" BUTTERFLY VALVES EA 2 $7,500.00 $15,006 11 METER VAULT EA 1 $17,000.00 $17,006 12 12" CONNECTION TO WATER TOWER EA 1 $300,000.00 $300,006 13 STREET REMOVAL/REPAIR LF 2140 $30.00 $64,206 14 BORING 24" VVL LF 120 $250.00 $30,006 EMERGENCY INTERCONNECTION SUBTOTAL $'1,074,000 CONSTRUCTION, SURVEYING AND DESIGN CONTINGENCY +30% $323,006 TOTAL CONSTRUCTION I $1,397,000 Exhibit C Page 1 of 3 COMPENSATION Compensation for professional services for the alignment investigation shall be for a lump sum amount of Six Thousand Dollars ($6,000.00) and for the basic services of the design phase shall be a lump sum amount of Eighty-nine Thousand Dollars ($89,000.00). The special services are estimated at Twenty-seven Thousand Dollars ($27,000.00) including design surveying services, subsurface utility engineering level B designation and printing/plotting with other miscellaneous expenses. Additional services are cost reimbursable on hourly rates and non-labor expenses are cost reimbursable times a multiplier of 1.10. The combined estimated fee for engineering basic and special services for the project is One Hundred Twenty-two Thousand Dollars ($122,000.00) COSTS BASED ON HOURLY RATES Compensation to BWR for approved hourly reimbursable services shall be computed on the basis of: Position Rate/Hour Principal $165.00 Project Manager/Sr. Engineer $130.00 Engineer 5 87.00 Technician 5 68.00 Administrative 5 55.00 Rates for In-house Services and Printing Description Bond Vellum Mylar Bluelines/Blacklines Offset and Xerox Copies Offset and Xerox Copies GBC Binding (Reg. Cover) Mileage Rate 55.00 per plot $8.00 per plot $13.00 per plot $0.50 per square foot 50.10 per single side copy $0.20 per double side copy $5.00 per book Current IRS-Approved Rates Other Direct Expenses Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. These rates are effective through December 31, 2006, and are subject to adjustment beginning January 1, 2007, and each January 1 thereafter. FEE & LABOR SCHEDULE Exhibit C City of University Park, Texas Page 2 of 3 Emergency Water Supply Interconnect Northwest Parkway Water Tower ~re work conference I 2 3 425 ~eetings with DCPCMUD (2) 2 8 I 2 I I I 288 ~eetings with B/VU (2) 2 8 I 2 11 1 288 ~eetings with TxDOT (I) 2 I I 4 383 ~eetings with SVV~ (I) 2 I I 4 383 ~eetings with UP (2) 2 8 4 2 14 1 492 }oordinate with City confirmation of available BOW 4 4 520 ~iscellaneous Expenses 200 7 28 0 8 8 51 B~l~S~l~B/~i(Ir~l~di~J~/B~ B~f~ 165 00 130 00 $ 87 00 $ 68 00 $55 00 1155 3640 $ $ 544 $ 44O 5979 i e cti~n 2 pre Ii m ina~ D esi g n 1 ~ cti~ 3 ~ DO~ i~t~P Bucher Willis Ratliff Corporation ///2/2005 FEE & LABOR SCHEDULE Exhibit C City of University Park, Texas Page 3 of 3 Emergency Water Supply Interconnect Northwest Parkway Water Tower Bucher Willis Ratliff Corporation ///2/2005 ~XHIBI? NORTHWEST PARKWAY WATER TOWER DEL NORTE - TURTLE CREEK ALIGNMENT i~JTFRqF,2TI~,%' 'A'!'~ [E_ ,,CF~TE ~.A',~ =z ,'~-I , ,,,~' T?Y~ ¢? ~ ~iC, ?~':5fi --:] -'/~',~,''' ~' IJ~a~J~l~ BUCN~,, WI~LI~ & RATLEF I I "C\LE J' = :?!:>0' ,~ "- ~: DATE: TO: FROM: SUBJECT: AGENDA MEMO (01/19/2005 AGENDA) January 13, 2005 Honorable Mayor and City Council Bob Livingston, City Manager Kent Austin, Director of Finance Resolution opposing legislation that would negatively affect local government revenues and services Background In the 2004 Texas legislative regular and special sessions, lawmakers debated several proposals that would have severely impacted the City's ability to raise revenue and fund needed services. The proposals were described by their sponsors as tax relief and school finance reform, but the sponsors ignored the fact that the real property tax burden results from school taxes, not city and county taxes. Among these proposals were a 3% limitation of annual property appraisal increases (compared with 10% now) and the limiting of local government expenditure increases to the rate of inflation, with any additional increase requiring a citywide vote of approval. The Texas Municipal League (TML) and many other organizations vigorously opposed these proposals, which ultimately were defeated. With the initiation of another special session on January 11, 2005, these same types of proposals are being introduced again. TML and other entities, like the North Texas Commission, are again voicing their opposition to these proposals, which again are being presented as providing tax relief. These measures are similar to California's infamous Proposition 13, which greatly impaired the ability of local governments to raise revenue. We believe that these proposals are destructive at worst and unhelpful at best. The North Texas Commission has drafted a model resolution for cities to record their opposition formally; a slightly modified version of this resolution has been placed on the January 19 City Council meeting agenda. Reconunendation We recommend approval of the resolution that "opposes all school finance or tax reform efforts by the Texas Legislature that negatively impact the ability of local governments" to provide essential services and fund their operations. Attaclunent: Resolution 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings~Temporary Internet Files\OLK3~AGENDA MEMO School Finance Resolution 011905.doc 12:48 PM 01/13/05 RESOLUTION NO. RESOLUTION OPPOSING ANY SCHOOL FINANCE OR TAX REFORM MEASURES THAT WOULD NEGATIVELY AFFECT LOCAL GOVERNMENT REVENUES AND SERVICES WHEREAS, it is likely that the Texas Legislature will address school finance and tax system reforms in the near future; and WHEREAS, during deliberations by the Texas Legislature, proposals to limit the ability of cities to collect property taxes and sales taxes are likely to be offered by some members of the Legislature; and WHEREAS, additional restrictions on city taxes fly in the face of a history of frugal tax administration by Texas cities; and WHEREAS, belween 1985 and 2002, the municipal share of all property tax revenue fell from 20.3 percent to 15.3 percent; and WHEREAS, Texas cities rely on tax revenue to build basic infrastructure, ensure public safety through police and fire departments, and provide numerous essential services for city residents, who comprise 80 percent of the state's population; and WHEREAS, Texas cities engage in numerous economic development activities that produce jobs and revenue for the entire State of Texas; and WHEREAS, cities must meet the challenges of homeland security and compliance with state and federal mandates, many of which are unfounded mandates; and WHEREAS, Texas cities have shown over the years that they are fiscally responsible and good stewards of taxpayers' money; and WHEREAS, efforts to limit the ability of cities to collect sales and property tax revenues or to set tax rates would have severe negative impacts on city services, city employees, economic development efforts, and ultimately the citizens of Texas; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, it opposes all school finance or tax reform efforts by the Texas Legislature that negatively impact the ability of local governments to provide basic essential services, conduct economic development activities, and ensure public safety by limiting their ability, beyond the provisions of current law, to collect tax revenue. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO School Finance Resolution 011905.doc 12:48 PM 01/13/05 PASSED AND APPROVED by the City Council of the City of University, Texas on the 19th day of January, 2005. APPROVED: JAMES H. HOLMES, III, MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY NINA WILSON, CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO School Finance Resolution 011905.doc 12:48 PM 01/13/05 AGENDA MEMO (1/19/05 AGENDA) DATE: TO: FROM: SUB3ECT: January 13, 2005 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Enforcement of Building Line Regulations BACKGROUND: It was brought to our attention several months ago that a staircase has been constructed onto the front of the two story residence at 3739 Binkley such that it extends into the required front yard setback by approximately twelve feet. The complaint was made by a resident down the street who said that the prior stair case ran along the front wall of the home and did not tum into the front yard at all. We have no site plans or surveys on file to verify this. As noted in the attached memo, we know that the existing staircase has evidently been in its current location and configuration prior to November of 2000, as it was shown on a plot plan of the property. I was asked to bring this item to the Council in order to determine if staff should take any action against the property for this existing violation. In order to bring the property into compliance, the two landings, along with the steps that lead to the ground off of these landings, must be removed. It appears that the main portion of the stairway also encroaches over the building line, but since there is no other place to build the stairs they will have to remain. Once the landings and adjacent steps have been removed, the remaining stairs must be extended along the front of the house down to the ground. RECOMMENDATION: Staff is asking for direction from the Council as to how best proceed in this matter. As I stated in the attached memo, it is unfortunate that this violation was not discovered either at the time the stairs were under construction or soon thereafter. Due to the length of time that the stairs have been in existence, I am quite sure that the property owner would protest any order to now remove them. MEMORANDUM TO: FROM: DATE: SUBJECT: Bob Livingston, City Manager Wade McLaurin, Building and Zoning Administrator January 10, 2005 3739 Binldey - Stairway Located Beyond Front Building Line As requested, I wanted to provide information regarding the wooden stairway that projects out into the front yard at 3739 Binkley, owned by Mr. Robert Strief. After investigating the history of the stairway, including how long it has existed and if any approval from the city was given prior to its construction, we were able to determine that the stairs and landings have been in that location at least since 2000. A permit was issued at that address for a new detached structure which showed the stairway on the site plan as existing construction. The only other permit we have on file for that address was issued in January of 1999 to Jerry Stark Construction for some interior remodeling. No mention was made of any new staircase in the application or on the plans. According to Mr. Joe Garrett, of 3716 Binkley, the stairway at 3739 replaced an existing set of stairs that only ran east-west and did not turn into the front yard. It appears that whenever this stairway was reconstructed, two new landings were added to break up the mn of stairs into different "levels". It is unfortunate that this violation was not discovered at the time it was being constructed, or at least when our inspectors were on the property in 2000 performing inspections on the work taking place at the rear of the property. It is my opinion that while the stairway is indeed in violation, it is somewhat late in the game for us to now require that the property owner remove the landings that were incorporated into the stair. To the best of my knowledge, we have not received any other complaint or inquiry into the subject staircase other than that from Mr. Garrett. AGENDA MEMO (01-19-05 AGENDA) DATE: TO: FROM: SUBJECT: January 13, 2005 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Discuss reconstruction, ownership, and operation of the Germany Park Booster Pumping Station. Background. The booster pumping station located immediately south of Germany Park is owned and operated by the Dallas County Park Cities Municipal Utilities District (MUD). The facility is the sole source supplying water to University Park. The pumping station is sorely in need of replacement, and to that end, the MUD has been working with an engineering consultant and City staff on the design for a new facility. The City's contract places the responsibility for the reconstruction, operation, and maintenance on the MUD. To that end, the MUD has funds earmarked for the $2 million project. With the design phase nearing completion, staff would like to discuss the aforementioned financial responsibilities with the Council. Discussion. Staff requests direction from the City Council regarding responsibilities for financial responsibilities for reconstruction, operation, and maintenance of the booster pumping station. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AM DCPCMUD Pumping Station 01 19 05.doc 1:39 PM 01/13/05