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Home My WebLink AboutAgenda 08-22-06 WebA G E N D A #2617 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, AUGUST 22, 2006 AT 5:00 P.M. 9:00 A.M. MAYOR AND CITY COUNCILMEMBERS WILL ATTEND PARK CITIES MUNICIPAL UTILITIES DISTRICT PRESENTATION AND TOUR TREATMENT FACILITIES. NO OFFICIAL CITY ACTION WILL BE TAKEN. 3:00-3:30 P.M. EXECUTIVE SESSION UNDER SECTION 551.074 OF THE TEXAS GOVERNMENT CODE, PERSONNEL MATTER, DISCUSS DUTIES, RESPONSIBILITIES AND SALARY OF CITY MANAGER 3:30-5:00 P.M. WORK SESSION FOR AGENDA REVIEW I.INVOCATION – Councilmember Kelly Walker II.PLEDGE OF ALLEGIANCE – Councilmember Kelly Walker/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION APPOINTMENT: Judge James W. Kerr, Jr. as Alternate Judge for the City of University Park Municipal Court RETIREMENT: Court Administrator Linda Williams, 28 years of service to the City of University Park DEPARTMENT PIN: Police Detective Tim Spillman, 25 years of service to the City of University Park VI. CONSENT AGENDA A.CONSIDER: Addendum to Development and Exchange Agreement with Prescott Realty for City-owned property at 4419 Worcola B.CONSIDER: Addendum to contract with Alan Plummer & Associates for booster pumping station design C.CONSIDER: Resolution and Agreement authorizing Max-A-Million Carriage Rides D.CONSIDER: Right-of-Way License Agreement for 3429 Rankin E.CONSIDER: Purchase of four pick-up trucks F.CONSIDER: Purchase of turf sweeper for Park Department G.CONSIDER: Purchase of backhoe H.CONSIDER: Approval of Annual Contract for Type “D” Hot Mix Asphalt, Bid #06-0 I. CONSIDER: Approval of City Council Meeting Minutes for July 18, 2006 VII.MAIN AGENDA A.CONSIDER: Ordinance regulating features in front yard of single family districts B.DISCUSS: Funding options to underground TXU 138 kV Transmission Line C.PUBLIC HEARING: Budget and Tax Rate D.PUBLIC HEARING: Grant a change of zoning from Multi-Family to Planned Development District 33 E.CONSIDER: Ordinance granting a change of zoning from Multi-Family to Planned Development District 33 F.CONSIDER: Ordinance abandonment of alley right-of-way in connection with Park Lane Condominiums G.PUBLIC HEARING: Discuss reconstruction, ownership and operation of Germany Park Booster Pumping Station H.CONSIDER: Highland Park Independent School District’s request for Joint Use Agreement Amendments involving Germany Park I.CONSIDER: Date for public hearing to discuss issues relating to increasing size of single family construction J.CONSIDER: Approval of Agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program K.CONSIDER: City Hall Landscape Contract Amendment L.CONSIDER: Ordinance for Site Plan improvements at 4520 W. Lovers Lane M.CONSIDER: Addendum to contract with HDR Engineering for work on Stormwater Management Plan N.CONSIDER: Bids for water line, Hillcrest & Northwest Parkway O.CONSIDER: Proposal from C&P Engineering for design of water/sanitary sewer improvements P.CONSIDER: Award of bids for City Hall renovation and reconstruction VIII.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. 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. AGENDA MEMO (08/22/06 AGENDA) DATE: August 17, 2006 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston City Manager SUBJECT: APPOINTMENT OF ALTERNATE MUNICIPAL COURT JUDGE Mayor James H. Holmes, III and Judge James P. Barklow, Jr., met recently with Judge James W. Kerr, Jr., who is a Senior U.S. Administrative Law Judge. They have proposed appointing Judge Kerr as an alternate judge in the City of University Park Municipal Court. RECOMMENDATION: The appointment is a function of the Mayor and City Council. If you wish to proceed with the appointment, Council should authorize the addition of Judge Kerr to the list of alternate judges. ATTACHMENTS Resume of Judge James W. Kerr, Jr. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 U:\Docs\Livingston\2006\Memo Appointing Judge Kerr.doc 5:07 PM 08/17/06 Judge James W. Kerr, Jr. 2817 Stanford Avenue Dallas, Texas 75225 214-987-4411 EDUCATION: J.D., Southern Methodist University, Dallas, Texas 1965. B.A.,Texas Christian University, Fort Worth, Texas 1962. EMPLOYMENT : Senior U. S. Administrative Law Judge, 2003 to present. U. S. Administrative Law Judge, 1980-2003. Duties – Presiding over contested cases arising primarily under the Longshore and Harbor Workers’ Compensation Act, the Federal Coal Mine Health and Safety Act. and various “whistle blower” statutes. The proceedings are adversarial in nature with most cases having two to three parties represented by counsel. The proceedings are formal and conducted in a courtroom. After the record is closed, a written decision is entered. Additional Activities – Lecturer on the Federal Rules of Evidence for various government agencies, educational institutions, and organizations. PRIOR EMPLOYMENT : Assistant United States Attorney, Western District of Texas, 1970- 1980. Trial Attorney, U. S. Department of Justice, Criminal Division, Washington, D. C., 1966-1970. AWARDS : College of the State Bar of Texas. Fellow, ABA National Conference of Administrative Law Judges. Certificate of Appreciation, Federal Law Enforcement Training Center, Brunswick, Georgia. U. S. Attorney General’s Medal, 1979. Outstanding Assistant U. S. Attorney, 1972 and 1977. MEMBERSHIPS : Supreme Court of the United States. Supreme Court of the State of Texas. American Bar Association ACTIVITIES : Former Chair, ABA National Conference of Administrative Law Judges. National Judicial College, Board of Trustees, 1997-2004, Secretary 1998 to 2004. Chair, Public Safety Advisory Committee, City of University Park, Texas, 2004 to 2006. Southern Methodist University, Libraries Executive Committee, 1995-2005. English-Speaking Union, Dallas Branch Secretary, 2004 to present. AGENDA MEMO (08-22-06 AGENDA) DATE: August 14, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider and addendum to the Development and Exchange agreement with Prescott Realty for City-owned property at 4419 Worcola, in Dallas. Background. The City Council approved a Development and Exchange Agreement between the City and Prescott Realty at their 01.03.06 meeting. The agreement (copy attached) detailed the conditions of trading the City’s property at 4419 Worcola for a part of Prescott’s property immediately north of the City Peek Service Center. The aforementioned agreement called for the developer to design a parking and storage structure, develop estimates of probable cost, acquire an old easement along Greenville (and both properties), and get the City of Dallas to rezone (through Specific Use Permit) the City’s existing and proposed property. The agreement called for the aforementioned tasks to be completed within 150 days. Most of the work has been accomplished. However, the acquisition of the easement and the rezoning has taken longer than anticipated, and the developer is requesting that the City amend the agreement to add an additional 120 days. A copy of the addendum, which has been reviewed by the City Attorney, is attached. Recommendation. Staff recommends City Council approval of the addendum to the Development and Exchange Agreement with Prescott Realty. 19 AGENDA MEMO (08-22-06 AGENDA) DATE: August 14, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider addendum to contract wit Alan Plummer & Associates for booster pumping station design. Background. In preparation for the public hearing regarding the proposed site for the pumping station, staff requested that the engineering consultant prepare several renderings and "fit" those renderings into photographs of the three projected site in Germany Park. The contract scope of work did not include this task. The proposed change amounts to $6,000. Staff would appreciate Council consideration, as the consultant had to proceed, prior to approval, in order to meet the August 22nd meeting deadline. Recommendation. Staff recommends approval of the addendum. !:. ~ ~ALAN PLU!\HdER 1\ ' , "\ 'I A'T'F't..:; IN" t'\:--'~( ;( " '" ' "" ENVIRONMENTAL ENGINEERS. DESIGNERS. SCIENTISTS 905-0101 August 10, 2006 City of University Park 3800 University Blvd. University Park, Texas 75205-1711 Attention: Mr. (iene R. Smallwood, P.E. Director of Public Works Re: Architectural Sketches Germany Park Booster Pump Station Amendment to Contract for Additional Services APAI Project Number 905.0101 Dear Mr. Smallwood: As per your request, Alan Plummer Associates, Inc. is pleased to present for your consideration and approval, our proposal to provide Additional Services to prepare Architectural Sketches for the proposed new Germany Park Booster Pump Station. As an Additional Service, this task has not been included in our current contract amount of$343,056.00. Our proposal includes the following: · Conduct two meetings with you to discuss the task and present our product deliverable. · Prepare three architectural sketches of the proposed pump station building at three locations on the site. The observer's view will be drawn from locations as discussed in our initial meeting. The sketches will be color enhanced and super imposed on digital photographs taken at the project site. The approximate size of each sketch will be approximately 18 inches tall by 24 inches wide. · Each sketch will be saved as an electronjcfile suitable for inclusion in a Microsoft Power Point presentation. @ Mr. Gene Smallwood, P.E. Page 201'2 August 10, 2006 . Drawings and electronic tiles will be completed and submitted to the City by August J 7,2006. Our fee for this Additional Service will not exceed $6,000.00. A break down of our fee and proposed contract modification is included with this proposal as Attachment A. If this proposal meets with your approval, please sign in the appropriate place on this document. Our receipt of the signed document will serve as our notice proceed with the work. lfyou have any questions, please feel free to contact me at your convenience. Very truly yours, ALAN PLUMMER ASSOCIATES, INC. /J (!j~~6 H. Charles Manning, P.E. Project Manager Proposal accepted for the City of University Park by; Signature Date Title cc: TJN, File 905.0101 Enclosure L:\PROJECTS\90510101 \ContractIPrime\AdditionaJ Services - ArehitecuraJ Sketches.docAdditional Services Attachment A City of University Park Additional Service to provide 3 color sketches of pump station at alternate locations on the site. Attachment to Letter Proposal Dated August 10, 2006 Item No. 1 2 Description 18" x 24" color sketch Sub Contractor Meeting Subtotal 3 Standard Markup Subtotal 4 5 Printing Cost APAI Meeting 6 Total for 3 Sketches Use Cost not to exceed Modification to contract will be as follows. Current Basic Services Fee Modifications or Changes Revised Basic Services Fee 2 Current Special Services Fee Modification or Changes Revised Special Services Fee 3 Current Additional Services Fee Modification or Change Revised Additional Services Fee Current Budgeted Total Modification or Changes Revised Budgeted Total L:\905\O 101 \Additional Renderings for Alternate Sites Unit Price $1,500.00 $ 400.00 15.00% $ 20.00 $ 400.00 Quantity 3 1 Total Amount $ 4,500.00 $ 400.00 $ 4,900.00 $ 735.00 $ 5,635.00 3 $ 60.00 1 $ 400.00 $ 6,095.00 $6,000.00 $ 283,061.00 $0.00 $ 283,061.00 $ 59,995.00 $0.00 $ 59,995.00 $0.00 $ 6,000.00 $ 6,000.00 $343,056.00 $ 6,000.00 $ 349,056.00 AGENDA MEMO (08/22/06 AGENDA) DATE: August 7, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Max-A-Million Carriage Rides ITEM: Consideration of a Resolution authorizing Max-A-Million horse-drawn carriage rides through University Park during the Christmas holiday season, or between Thanksgiving and Christmas 2006. This is a business venture and riders will be charged a fee. These are the same horse-drawn carriage rides offered in Snider Plaza last year. It recommended that Max-A-Million Carriages be allowed to set up the two additional signs this year in Snider Plaza that were allowed last year at the points where customers will board the carriages. These two signs are to be set up and taken down at the beginning and end of each day of operation. It is also recommend that Max-A-Million be allowed to operate Wednesday through Sunday. RECOMMENDATION: Staff recommends approval of this request as a license allowing this request sets forth certain conditions, i.e., a $500.00 fee with $300.00 to be refunded if all conditions are met; cleaning of storage spaces and other areas affected by the horses; a design or plan for the use of the parking spaces to be approved by the Chief of Police; an indemnity clause; and a one million dollar public liability insurance policy with a Certificate of Insurance. Staff also recommends this approval with the understanding that City Council may change or may not approve the additional requests made by the Pendergraphs. ATTACHMENTS: ? Copy of License Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Pendergraphs 080706.doc 10:47 AM 08/14/06 LICENSE AGREEMENT This License Agreement ("Agreement"), between the City of University Park, Texas, a municipal corporation organized as a home rule city under the statutes of the State of Texas, and Dana Pendergraph d/b/a Max-a-Million Carriage ("Licensee"), is executed on the _____day of ___________ 2006, to be effective as herein stated. I. Licensee is in the business of furnishing horse-drawn carriage rides for a fee during holiday periods. By approving this license, the City Council authorizes the use of the public streets of the City for such purpose during the period between Thanksgiving and Christmas, 2006, subject to the approval of all routes, equipment, lighting, and safety markings of the carriages by the Chief of Police. II. Licensee also desires to use four on-street parking spaces on the south curb side of the 3500 block of Lovers Lane, adjacent to the swimming pool, for the parking of carriages and equipment for its carriage ride operation, the exact spaces to be used being subject to designation by the Chief of Police III. The City Council of the City of University Park finds that it will serve the public purpose to grant, and it does hereby grant, the Licensee a revocable license to use the parking spaces described herein between Thanksgiving and Christmas, 2006, under the conditions as herein set out. In consideration of such license, Licensee agrees to pay the City a license fee of $500. If Licensee meets the conditions of the Agreement and the requirements of the Chief, and cleans up the area at the end of the term hereof to the satisfaction of the City Manager, $300 of the fee will be refunded IV. Within thirty (30) days of the execution of this Agreement, the Licensee shall submit to the Chief of Police of the City of University Park a plan for the arrangement and design of the use of the parking spaces. The Chief shall, if he finds such plan to be appropriate, approve the plan and notify Licensee of such approval. If he shall suggest amendments or changes to the plan, then he will have the authority to do so and cause such amendments to be made as will satisfy him in his sole judgment. 67568 V. It is specifically required that at no time during the term of this license will Licensee allow the use of the parking spaces or the public streets of the City for its operations to interfere with or create a hazard to pedestrians or vehicles using Lovers Lane and the adjacent sidewalks. or any other public streets or public property of the City. VI. Licensee agree to indemnify and save harmless the City of University Park 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, or operation of the Licensee’s carriage rides, either in the parking spaces or on the public streets and other property of the City. VII. The City of University Park agrees to give Licensee written notice of any claim made against the City of University Park on the obligations indemnified herein. VIII. The Licensee agrees to carry and maintain public liability insurance in the face amount of not less than One Million Dollars, with a company or companies authorized to conduct business in the State of Texas. The City and its officers, agents, and employees will be named as additional insureds in such policy or policies. Licensee will furnish proof of insurance, including a copy of the policy or policies and a Certificate of Insurance, to the Risk Manager of the City. The Certificate will provide that the City be given notice by the insurer within ten days if such policy is cancelled or terminated for any reason. IX. This License may be terminated by either party, provided that if the City of University Park shall undertake to terminate and cancel this License, at least thirty (30) days' written notice will be given to Licensee. X. Miscellaneous A. This license shall not be assignable by Licensee. B. This Agreement shall be performable only in University Park, Texas. 67568 C. This Agreement shall be governed by the laws of the State of Texas, and venue of any action to enforce or construe the same shall lie exclusively in Dallas County, Texas. D.This is the entire agreement of the parties with respect to the subject matter and shall supercede any prior agreement, written or oral, with respect thereto. E.This Agreement may be amended only by writing signed by both parties. F. This Agreement has been duly authorized by the City Council of the City of University Park, Texas, and the City Manager has been directed to sign the same on behalf of the City. IN WITNESS WHEREOF, the parties have executed this document in duplicate originals, this the ______ day of __________ 2006. CITY OF UNIVERSITY PARK 3800 University Boulevard Dallas, Texas 75205 By: __________________________ Bob Livingston, City Manager MAX-A-MILLION CARRIAGE By:_____________________ Dana Pendergraph 67568 RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A REVOCABLE LICENSE AGREEMENT WITH DANA PENDERGRAPH, D/B/A MAX-A-MILLION CARRIAGE FOR THE USE OF CITY STREETS AND PROPERTY; AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the operation of a business furnishing horse-drawn carriage rides to the public on the streets and public parking areas of the City requires issuance of a revocable license by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the revocable license agreement, by and between the City of University Park and Dana Pendergraph d/b/a Max-a-Million Carriage, a copy of which is attached hereto as Exhibit “A” and made part hereof for all purposes, is hereby approved in all respects. SECTION 2. That the City Manager is hereby authorized and directed to execute the license agreement on behalf of the City and to perform such other administrative steps as are necessary to give effect to the agreement on behalf of the City. SECTION 3. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY nd PARK, TEXAS , on the 22 day of August 2006. APPROVED: _______________________________ JAMES HOLMES, III, MAYOR ATTEST: _________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _____________________________ CITY ATTORNEY (RLD/6-23-06) Page 1 67564 AGENDA MEMO (8/22/06 AGENDA) DATE: August 18, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: ROW License Agreement: 3429 Rankin ITEM: The developer of a multi-family property at 3429 Rankin is in the process of acquiring a building permit for a structure that contains an underground parking garage. Sect ion 3.103, Amendments to the Building Code, contains language in Section 1803.3.1, Drainage requirements, that requires all basements or below grade construction in residential units to contain drainage systems that must be drained through enclosed pipe into the City's storm water drainage system. The developer proposes to open a trench extending from the property towards Rankin Street, and connecting a drain pipe to the City’s storm sewer under the street. The City will perform the tap for the storm sewer; however, a license agreement is needed for use of the ROW is required. A backflow preventer will be placed on private property to prevent flow from the storm sewer backing up into the drain pipe. Since the property is a condominium complex with a homeowner’s association, the license agreement is between the City and the developer, Lakeside Builders. The homeowner’s association is currently not established. However, after the license agreement is executed by the City Council, the agreement will be filed with Dallas County, thereby ensuring the license agreement stays with the property regardless of who owns the property. RECOMMENDATION: Staff recommends approval of this ROW license agreement. ATTACHMENTS: License Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Lic Agreement 3429 Rankin (2).doc 8:23 AM 08/18/06 RESIDENTIAL LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the "Agreement") effective as provided herein (the "Effective Date"), is between I the ity of. Uni~rsity. 'park, a municipal corporation (the "City"), and Affire S/)e !:5Vt 7d~t<<, pc. ,(the "Licensee"). RECITALS WHEREAS, the Licensee desires to place, install, and maintain .5~""f 'PUf11p "PR.a.,~ J-,,.JQ ("the Improvements") in, under, or upon Cityright-of- way, easement or. property (the "Property"), to benefit the Licensee's premises at 3'1;).1 r<4+l kif'" , University Park, Dallas County, Texas (the "premises"); and WHEREAS, such Improvements are more specifically shown o~ Exhibit "A" attached hereto, for the purpose of VrlJea'}~ol1.w P~~t</"" ~~ ~ll'4lt?o. for the premises; and WHEREAS, the City desires to grant Licensee the privilege to place, install, remove and maintain the Improvements in the City right-of-way, easement or property depicted in Exhibit "A" 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: I. GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Propertv. 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 depicted in Exhibit "A" attached, subject to the terms and conditions contained in this Agreement. 1.2 Exclusive Use. The Licensee, its successors and assigns as permitted herein, may place, install, and maintain on the Property the Improvements to be used exclusively for the benefit of the premises. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Community Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 1 2.2 Review bv City. The Community Development Manager or his representative and the Director of Public Works or his representati ve shall review the plans and make modifications to the plans that 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 Effecti ve Date. This Agreement and the rights and obligations hereunder shall become effective when the last one of either the Community Development Manager 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 in, under, or onto the 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. INDEMNIFICA TION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless the City from any liability, claims or damages the City may suffer as a result of any claims, demands, suits, judgments, costs or expenses, including expenses oflitigation 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, Attornevs' 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. 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. 2 3.7 Insurance. The Licensee agrees to carry and maintain, during the entire term of this Agreement, the following insurance policies: A. Commercial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Ci vil Practice and Remedies Code, as amended; and B. Personal Liability insurance in amounts not less than those required under A. 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 and certified copies of 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 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 owner of the premises at 3tJ~ <fR1'+1t j::1.J (the "property"). It is non-assignable, except when the property for which this License is granted is conveyed by Licensee, in which case, this License may be assigned by Licensee to a subsequent owner, provided such assignment is in writing, specifically requires the assignee to agree to and abide by the terms of this Agreement, is signed by the assignee, and recorded in the real property records of Dallas County, Texas. Any other attempt to assign this License will terminate the License granted to Licensee under this Agreement. V. TERMINA TION 5.1 Terminable at Will. This Agreement is terminable by either party at will by the giving of thirty 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 wai ver 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 mail, postage prepaid, to such party at its address set forth below and shall be effecti ve as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 6.8 Recording. The Licensee must record this License with Dallas County and provide written documentation that such recording has been completed. If to the City: City Manager If to Licensee: City of University Park 3800 University Blvd. Box 8005 University Park, TX 75205-0005 jJ{}wec;/,le 110, IJet1J j:AC ~,8D'" dSS-;j- , 1'H1.fJ-J', je d. 7S 22-J 4 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: James H. Holmes ill Title: Mayor Date: By: ~/A Title: n O/'JA-LD J-t. c;.tAlf ?ReSi )e",} !1l-U} j.,'5r /~;<. OD ~ Printed Name: Date: 5 ACKNOWLEDGMENTS STATE OF TEXAS ) ) CITY OF DALLAS, TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the \ \"\-\1 day of f\~CJ\)~' 2006, ?y ~ t\.C3&"'\\~ on behalf of such property owner a~ ~'t\\\\, University Park, Texas. ~,\~~I~~/'", h~-" f~~.D \::/;;o;.,~$l ~'''n"''\ "ELISSA HERNANDEZ IV\ . State of Texas NO~~ t~~~\ssion Expires JUly 20. 2009 STATE OF TEXAS ) ) ) CITY OF UNIVERSITY PARK, TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of 2006, by Mayor of the CITY OF UNIVERSITY PARK, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas 6 CORD A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ðèñïìñîððê øçéî÷éèíóìçïëøçéî÷êççóçèëð FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE É±±¼ É·´±² Ý±³°¿²§ô ×²½ò HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ×²«®¿²½» ú Ú·²¿²½·¿´ Í»®ª·½» ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. èïïï ÔÞÖ Ú®»»©¿§ô Í«·¬» ëèë INSURERS AFFORDING COVERAGENAIC # Ü¿´´¿ô ÌÈ éëîëï Ü¿®¬ Ý±²¬®«½¬·±² Ý±³°¿²§ô ×²½ò Ñµ´¿¸±³¿ Í«®»¬§ INSUREDINSURER A: Ô¿µ»·¼» Þ«·´¼»®ô ×²½ò INSURER B: Ðò Ñò Þ±¨ îëëìî INSURER C: Ü¿´´¿ô ÌÈ éëîîë INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD'LPOLICY EFFECTIVEPOLICY EXPIRATION TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSRDDATE (MM/DD/YY)DATE (MM/DD/YY) ðêÙÔðððêîèëçìðìñîïñîððêðìñîïñîððé ïôðððôððð EACH OCCURRENCE$ GENERAL LIABILITY È DAMAGE TO RENTED ïððôððð COMMERCIAL GENERAL LIABILITY$ PREMISES (Ea occurence) È Û¨½´«¼»¼ CLAIMS MADEOCCURMED EXP (Any one person)$ ßÈ ïôðððôððð PERSONAL & ADV INJURY$ îôðððôððð GENERAL AGGREGATE$ îôðððôððð GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG$ PRO- È POLICYLOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) NY AUTO A LL OWNED AUTOS A BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT$ GARAGE LIABILITY NY AUTOEA ACC$ A OTHER THAN AUTO ONLY: AGG$ EACH OCCURRENCE$ EXCESS/UMBRELLA LIABILITY OCCURCLAIMS MADEAGGREGATE$ $ DEDUCTIBLE$ RETENTION$$ WC STATU-OTH- WORKERS COMPENSATION AND TORY LIMITSER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT$ NY PROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Ý»®¬·º·½¿¬» ¸±´¼»® · ²¿³»¼ ¿ ¿¼¼·¬·±²¿´ ·²«®»¼ò CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLENDEAVOR TO MAIL ïð _______ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Ý·¬§ ±º Ë²·ª»®·¬§ Ð¿®µ íèðð Ë²·ª»®·¬§ Þ´ª¼ò OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Ü¿´´¿ô ÌÈ éëîîë AUTHORIZED REPRESENTATIVE Î Ô¿³¿® É·´±²ñÕÌÌ ACORD 25 (2001/08)©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) AGENDA MEMO (8/22/06 AGENDA) DATE: August 16, 2006 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: BuyBoard Purchase of Four Pickup Trucks Attached is a memo from Jim Gau, Fleet Manager, requesting the purchase of four pickup trucks for the Street and Utilities Divisions. The trucks are available through a contract with the Texas Local Government Statewide Purchasing Cooperative (BuyBoard) of which the City is a member. Caldwell Country in Caldwell, Texas, is the vendor. All bid requirements for the trucks have been met by BuyBoard. The total price for all four trucks is $103,510.00. RECOMMENDATION: Staff recommends purchasing the pickup trucks through BuyBoard in the amount of $103,510.00. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City of University Park 4420 Worcola Dallas, Texas 75206 Equipment Services August 17, 2006 To: Jacob Speer, Assistant Public Works Director Kent Austin, Finance Director Christine Green, Purchasing Agent Attached please find the Buyboard quote to provide three crew cab pickups and one extended cab pickup for our Utilities and Street departments. In the Utilities Department, we are replacing units 2564 a 1993 Ford crew cab pickup and unit 6126 a 1998 Dodge pickup that was sold at auction in 2003 and was never replaced. Unit 2564 is now thirteen years old and in poor condition and needs to be replaced. Unit 6126 was used by the standby crews after hours and they have been driving other units that are now being removed from service through downsizing efforts. We are downsizing by three units auctioning four and replacing one with the new standby crew vehicle. In the Street Department, we are replacing units 5975 a 1997 Chevrolet Crew Cab Truck and unit 6228 a 1999 Chevrolet Crew Cab Truck. Unit 5975 was originally purchased for the Parks Department and then transferred to the Street Department when the School Mowing Program was suspended. This unit is in poor condition and must be replaced. Unit 6228 is in fair to good condition and will be replaced then retained as a spare pool vehicle to be lent out to any department needing a vehicle while their units are out of service for repairs etc. The units bid are Chevrolets which have an order cutoff date of September 1, 2006. General Motors is doing a complete change to their pickups and the new 2008 models will be built after that date. The 2008 will be significantly higher and have a later delivery date from time of order. We need to expedite the requisition to assure that the units are ordered prior to September 1, 2006 to avoid the extra cost associated with the new models. Please review the order information, sign the requisition, and forward to Kent Austin for processing and placing on the next available council agenda. Sincerely, Jim Gau Jr Fleet Manager AGENDA MEMO (8/22/06 AGENDA) DATE: August 16, 2006 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: BuyBoard Purchase of Turf Sweeper The Parks Department has budgeted to purchase a replacement turf sweeper. The existing sweeper is over 20 years old, currently out-of-service, and in an advanced state of deterioration. The new sweeper will allow the Parks Department to regularly maintain turf areas throughout the city. Uses include the removal of grass clippings, leaves and debris around creek channels resulting from high water. The sweeper is also used during the turf aeration process to remove core plugs from the turf area. This equipment is necessary for clean-up and provides the ability to insure uninterrupted field use by the YMCA during both soccer and baseball seasons. Funding for the replacement of this equipment has been identified within the City’s capital equipment replacement account. The turf sweeper is available through a contract with the Texas Local Government Statewide Purchasing Cooperative (BuyBoard) of which the City is a member. Jones Equipment and Turf, Inc. in Fort Worth is the vendor. All bid requirements for the turf sweeper have been met by BuyBoard. The total price for the sweeper is $19,459.70. RECOMMENDATION: Staff recommends purchasing the turf sweeper through BuyBoard in the amount of $19,459.70. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 AGENDA MEMO (8/22/06 AGENDA) DATE: August 16, 2006 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: H-GAC Purchase of Backhoe Attached is a memo from Jim Gau, Jr., Fleet Manager, regarding the proposed purchase of a John Deere backhoe for the Street Division. The replacement equipment is available through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program. The City has had an interlocal agreement for cooperative purchasing with H-GAC since 1994. Purchases made through H-GAC fulfill all competitive bidding requirements. The HGAC vendor for the equipment is RDO Equipment in Irving. The total cost for the backhoe is $84,199.24. RECOMMENDATION: Staff recommends purchasing the backhoe through H-GAC in the total amount of $84,199.24. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\HGAC Backhoe Purchase Aug 2006 by C Green.doc 1:46 PM 08/17/06 Equipment Services Memo To: Jacob Speer From: Jim Gau Jr. CC: File Date: July 27, 2006 Re: Purchase of New Backhoe Attached please find the HGAC quote to replace unit 2745, a 1992 Ford 655D Backhoe, in the Street Department. This replacement was approved in the 2005-06 Budget. The unit quoted is a copy of the existing John Deere 315 SG’s currently in use by the Street and Utilities Departments, with one exception. The only way a side shift can currently be purchased is with four wheel drive. Our current units are 2 wheel drive. The 315 SG’s in use now where purchased in the fall of 2000 and we paid $ 66,061.00 each at that time. The new unit is priced at $ 84,199.24 which is an increase of $ 18,138.24 over five years. Part of the increase is the four wheel drive system over the two wheel drive system. Please review the following specifications and requisition and sign and forward to purchasing if you are satisfied with this purchase. Let me know if you have any questions. Thanks, Jim Gau Jr 1 AGENDA MEMO (8/22/06 AGENDA) DATE: August 16, 2006 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Bid #06-05, Annual Contract for Type "D" Hot Mix Asphalt Bid #06-05 for the purchase of type "D" hot mix asphalt was opened July 28th. This bid was posted on RFP Depot: 56 vendors received e-mail or fax notice about the bid; 8 vendors viewed the bid; two vendors returned bids. Austin Bridge and Road submitted the low bid of $42.50 per ton (picked up by the City). This is an $8.50 per ton increase over the last contract issued in October 2005. The estimated total of this contract is $233,750.00 based on a usage of 5500 tons. This asphalt will be used by the Street Division for small jobs throughout the City and by the City’s contractor for the repaving project scheduled in the fall. The bid price of $42.50 per ton is guaranteed only until November 15, 2006. At that time, the vendor may request a substantiated pricing adjustment (increase) subject to approval by the City. The vendor may subsequently request a pricing adjustment every three months until the contract ends in November 2007. The bid was written with this flexibility in the price so that we won’t have to take formal, sealed bids each time there’s an increase in the price of asphalt. The asphalt price has been rising steadily with the cost of oil. RECOMMENDATION: Staff recommends accepting the low bid of Austin Bridge and Road for the purchase of asphalt in the amount of $42.50 per ton. A bid tab with price history is attached. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 SEALED BID #06-05, ANNUAL CONTRACT FOR TYPE "D" HOT MIX ASPHALT OPENED 7/28/06, 10:00 A.M. 1. APAC-Texas, Inc. 2. Austin Bridge and Road EST. ANN. DESCRIPTIONQTY.UNITUNIT PRICEEXT. PRICEUNIT PRICEEXT. PRICE $ 42.50$ 233,750.00 Type "D" Hot Mix Asphalt - Picked Up5500TON$ 64.50 $ 354,750.00 RFP DEPOT STATISTICS: 56 vendors received e-mail or fax notice of the bid 8 vendors viewed the bid PRICE HISTORY: October 2005 price: $34.00 (picked up) October 2005 vendor: Austin Bridge and Road 2003-2005 price: $27.00 (picked up) 2003-2005 vendor: Austin Bridge and Road 2001-02 price: $26.00 (picked up) 2001-02 vendor: APAC-Texas, Inc. 2000 price: $25.00 (picked up) 2000 vendor: Austin Asphalt 1999 price: $21.00 (picked up) 1999 vendor: APAC-Texas, Inc. 1998 price: $20.50/ton (picked up) 1998 vendor: APAC-Texas, Inc. 1997 price: $19.95/ton (picked up) 1997 vendor: Marock, Inc. MINUTES #2616 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, AUGUST 1, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver, Councilmembers Syd Carter and Jerry Grable. Councilmember Kelly Walker was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION DEPARTMENT PIN: The five-year department pin for Police Officer Al Rosales was removed from the agenda. PROCLAMATION: A proclamation declaring September 17-23 as Constitution Week was read by Mayor Holmes. The proclamation will be mailed to the Daughters of the American Revolution. Councilmember Carter moved approval of the Consent Agenda. Councilmember Grable seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF SHARPESOFT INTEGRATED PROJECT MANAGEMENT SOFTWARE FOR THE ENGINEERING DEPARTMENT: The engineering department has historically used Microsoft Excel to prepare bid items, bid tabs, payments, etc., for each capital improvement project. The Project Management Software stores all project information in one location including bid items, bid advertisements, bid opening information, monthly progress payments, and project change orders. Forms are available within the software to conduct all of the engineering department’s bid advertisements, bid tabulations, and monthly pay estimates. The purchase of the software will include compilation of all previous capital improvement project bid tabulations which can then be available for historical reference. The software can also be used to track daily activities for each city’s inspector including work completed each day, test results, etc. The SharpeSoft Integrated Project Management Software is $20,440. CONSIDER CHANGE ORDER NO. 5 FOR THE TURTLE CREEK BOX CULVERT FOR CITY HALL EXPANSION, PROJECT 43710: Change Order No. 5 includes construction of load transfer beams, excavation to rock elevation of the remaining soil within the limits of the proposed city hall expansion, provision of recycled concrete mix for fill material to the finished subgrade, and preparation of pad site for construction of the building. Change Order No. 5 is $220,969. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 18, 2006. MAIN AGENDA CONSIDER RESOLUTION APPOINTING DR. KENNETH C. KILLEN AS CITY HEALTH AUTHORITY: Kenneth C. Killen, M.D., F.A.C.P., has accepted the position of City of University Park Health Authority. He has practiced medicine for the past 32 years, serving as President of Internal Medicine Associates of Dallas for 30 years at the Baylor University Medical Center. He also served on the Quality Assurance Committee and headed the credentials division for 30 years, is a member of the teaching staff and currently maintains staff privileges at Baylor. Dr. Killen attended the University of Texas at Arlington, the University of North Texas, the University of Texas Southwestern Medical School and Baylor University Medical Center. Dr. Killen has been a resident of University Park for the past 14 years. As City Health Authority, he will serve as an advisor to the city council on matters affecting the health of residents and act as liaison with Dallas County Health Authority, Dr. John Carlos, on matters affecting widespread communicable diseases. Mayor Pro Tempore Shawver moved approval of the resolution. Councilmember Carter seconded, and the vote was unanimous to appoint Dr. Kenneth C. Killen as City Health Authority. RESOLUTION NO. 06-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPOINTING KENNETH C. KILLEN, M.D., AS CITY HEALTH AUTHORITY FOR THE 2006-2008 TERM. CONSIDER SITE PLAN FOR CHRIST LUTHERAN CHURCH, 3001 LOVERS LANE: A request was made for approval of a detailed site plan which will result in new classrooms for Sunday School and the Child Development Center, a new Fellowship Hall, new kitchen and pantry space, centralized administrative office, more general meeting rooms and large ADA compliant restroom facilities. Mayor Pro Tempore Shawver moved approval of the site plan for Christ Lutheran Church as Planned Development District 30. Councilmember Grable seconded, and the vote was unanimous for approval of the site plan for Christ Lutheran Church. CONSIDER APPROVAL OF REQUEST FROM REYNOLDS OUTDOOR TO LOCATE INFORMATION KIOSKS IN SNIDER PLAZA: Council will discuss with merchants and owners in Snider Plazas to get their reaction to the kiosks. Smaller kiosks were suggested, and council would like to have a mock-up installed in Snider Plaza to get residents, owners and merchants’ reaction. PUBLIC HEARING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE TO REQUIRE A FENCE PERMIT, FENCE REQUIREMENTS IN RESIDENTIAL DISTRICTS, AND REGULATING WASTE COLLECTION: Mayor Holmes opened the public hearing. Community Development Manager Harry Persaud presented a PowerPoint presentation. Section 13-100 will be amended to require a permit for any portion of a fence in excess of 25% of the length on any one side. Section 28-105 (1) (d) will require a minimum 8’ wide by 3’ deep inset for storage and placement of approved trash receptacles on private property, which must be provided parallel to and abutting an alley. Section 11.106 will delete the following provision as redundant: “Applications for building permits for the repair, reconstruction, and erection of a new or existing fence shall contain provisions for the storage and containment of approved containers on private property and shall be approved by the director prior to issuance of a permit”. As there was no further discussion, Mayor Holmes closed the public hearing. CONSIDER ORDINANCE AMENDING COMPREHENSIZE ZONING ORDINANCE SECTION 13-100 (1), Section 28-105 (1) (d) and Section 11.106: Councilmember Carter moved approval of the amendment. Councilmember Grable seconded, and the vote was unanimous to approve amending the City of University Park Comprehensive Zoning Ordinance. ORDINANCE NO. 06/19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 13-100 (1) TO REQUIRE A PERMIT FOR A FENCE; AMENDING SECTION 28-105 (1)(d) TO PROVIDE FENCE REQUIREMENTS IN RESIDENTIAL DISTRICTS; AMENDING SECTION 11.106 (a) REGULATING WASTE COLLECTION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE TO REGULATE FEATURES ALLOWED IN THE FRONT YARDS OF SINGLE FAMILY DISTRICTS: Mayor Holmes opened the public hearing. In the past, additional items have been installed by property owners in violation of zoning codes. The proposed amendment will expand the list of items and features to be allowed and provide specific standards. Sports and recreational equipment will be allowed in the front yard on a temporary basis not to exceed 30 days in any one calendar year. Mayor Holmes closed the public hearing. Mayor Holmes then moved that the ordinance be revised per council discussion and brought back to a future city council meeting. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to consider the ordinance at a future city council meeting. CONSIDER ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE SECTION 21-100 (4) (b): The ordinance will be considered at another time. CONSIDER RIGHT-OF-WAY LICENSE AGREEMENT, 5801 HILLCREST: The developer of a multi-family property at 5801 Hillcrest is nearly complete with construction of a structure that contains an underground parking garage. All below-grade construction in residential units must contain drainage systems that drain through an enclosed pipe into the city's storm water drainage system. The developer opened a trench extending from the property towards the storm water inlet at the intersection of Hillcrest and Potomac. The storm inlet is in the Hillcrest right-of-way, and a license agreement for use of the right-of-way is required. Since the property is a condominium complex with a homeowner’s association, the license agreement is between the city and the developer, LTN Properties. However, the license agreement stays with the property regardless of who owns the property. Mayor Holmes moved approval of the Right-of-Way License Agreement for 5801 Hillcrest. Councilmember Grable seconded, and the vote was unanimous to approve the agreement. CONSIDER CONTRACT AMENDMENT FOR CITY HALL LANDSCAPE: During the initial design phase of the City Hall project, much of the eastern portion of the building’s hardscapes was excluded from the building’s redesign. Unfortunately, existing drainage issues, deteriorated walkways, and potential ADA compliance issues have required staff to explore corrective measures. The landscape design contract with Newman, Jackson, Bieberstein Landscape Architecture (NJB) should be amended to provide design services to correct building drainage issues and access improvements at the main service entrance at City Hall. The proposal will include design and construction drawings and will be based on an hourly basis not to exceed $3,000. Councilmember Grable moved approval of the contract amendment. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the contract amendment for the City Hall landscape. CONSIDER ORDINANCE PROHIBITING IRRIGATION OF LAWNS AND LANDSCAPING BETWEEN 10:00 A.M. AND 6:00 P.M.: The ordinance mandates that water be used for lawn and landscape irrigation in a manner that prevents waste, conserves water resources for their most beneficial and vital uses, and protects public health. It also amends the Code of Ordinances to prohibit watering with automatic irrigation systems between the hours of 10:00 a.m. and 6:00 p.m. The ordinance does allow for hand watering with a hose during the subject period. The stth irrigation ban will be in effect annually from June 1 through September 30. Councilmember Carter moved approval of the ordinance prohibiting irrigation of lawns and landscaping between 10:00 a.m. and 6:00 p.m. Councilmember Grable seconded, and the vote was unanimous in support of the ordinance. ORDINANCE NO. 06/20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 11.312 TO ADD SUBSECTION (e) TO PROHIBIT THE IRRIGATION OF LAWNS AND LANDSCAPE MATERIALS FROM JUNE 1 THROUGH SEPTEMBER 30 OF EACH YEAR DURING CERTAIN HOURS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH; AND PROVIDING AN EFFECTIVE DATE. CONSIDER BUDGET FY2007 AND SCHEDULE PUBLIC HEARING: Finance Director Kent Austin presented the budget to the council. Two dates were set for the public hearing on the budget and tax rate: August 22 and September 5, 2006. CONSIDER ADOPTION OF 2006 PROPERTY APPRAISAL ROLL: Each year by July 25, the Dallas Central Appraisal District provides the city with the certified tax roll. The roll is a list of all property parcels in the city and their associated market and taxable values. The total taxable value then becomes the basis for the city to set its property tax rate for the upcoming budget year. This year’s taxable value is $4,804,267,737, an 11.36% increase from last year’s value of $4,314,149,841. Total market value rose 12.6% to $6,380,341,170. Of the $713 million increase in market value, over $136 million is from new construction compared with $125 million from the year before. Mayor Pro Tempore Shawver moved approval of the resolution adopting the 2006 Property Appraisal Roll. Councilmember Grable seconded, and the vote was unanimous to approve the resolution. RESOLUTION NO. 06-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE 2006 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. DISCUSS DATE FOR CITY COUNCIL/STAFF RETREAT: The goal of the retreat is to provide a longer period for staff and council to interact, as well as, update strategic goals and vision for the city. John and Carol Nalbandian will conduct the retreat, and their fee is $5,000 plus thth reasonable expenses. The retreat will be Thursday, January 25 and Friday, January 26. The location and time will be set at a later date. ITEMS FROM THE FLOOR Kitty Ritchie Holleman asked that a hold be put on building permits in order to stop the building of “McMansions”. Mayor Holmes informed Ms. Holleman that a date for a public hearing to discuss the amount of building on lots would be set at the August 22 city council meeting. There being no further business, Mayor Holmes adjourned the meeting. nd PASSED AND APPROVED this 22 day of August 2006. James H. Holmes, III, Mayor ATTEST: ____ Nina Wilson, City Secretary AGENDA MEMO (08/22/2006 AGENDA) DATE: August 22, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consider an Ordinance of the City of University Park, Texas, amending the Comprehensive Zoning Ordinance of the City of University Park, as heretofore amended, by amending 21-100 (4) (b) to regulate features allowed in the required front yards of Single family Districts, providing for a repeal of all ordinances in conflict and providing for effective date. Background/Analysis: The current zoning ordinance provides for a list of items which are allowed in the required front yards of single family districts. In the past additional items have been installed by property owners in violation of the zoning codes. The proposed amendment will expand the list of items and features to be allowed and provide specific standards. UDADAC reviewed and discussed this item at threes separate meetings held in October, 2005 through January, 2006 and forwarded its recommendations to P&Z. UDADAC Sports and recreational equipment, whether temporary or recommended that permanent in nature, including but not limited to basket ball goals, swing sets and tree swings be prohibitedallow . However, P&Z changed that recommendation to sports and recreational equipment in the required front yard on a temporary basis not to exceed 30 days in any one calendar year. Since this is an amendment to the Comprehensive Zoning Ordinance, the Planning and Zoning Commission held a public hearing and considered this item at its regular meeting th on May 15, 2006. P&Z continued the discussions on June 19 and voted unanimously to recommend approval. City Council held a public hearing and considered the ordinance at its regular meeting on August 1, 2006 and provided specific directions to staff. The attached ordinance has been amended so that no reference is made to sports and recreational equipment. The current zoning ordinance allows sports and recreational equipment in the required front yards providing that such equipment is not permanently installed or fixed to the ground. Staff will continue to use that interpretation in the enforcement of the codes. Recommendation: UDADAC recommends approval. Planning and Zoning Commission recommends approval with specific amendment. Attachment: Ordinance ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 21-100(4)(b) TO REGULATE FEATURES ALLOWED IN THE REQUIRED FRONT YARD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and have forwarded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended by amending Section 21-100 (4)(b), in part, as follows: (b) Features in the Required Front Yard “ Except as provided in the following subparagraphs, no accessory structure, portable storage container, object, or appurtenance shall be permitted to be placed or maintained in a required front yard in a residential district in the City. i. .…. ii. Freestanding columns, statuaries, bird baths, pedestals, and other art objects, constructed of permanent materials, provided that not more than four freestanding items shall be located within the required front yard of each platted lot and that the height of such items, including any light, lamp fixture or ornamentation mounted on top of a column, shall not exceed five feet (5’) as measured from the natural grade, provided that residential lots larger than one acre and located in an SF-1 zoning district may have freestanding columns, including any light, lamp fixture, or other ornamentation mounted on top of the column, not exceeding eight feet (8’) in height measured from natural grade. iii. …. iv. …. v. …. vi. …. vii. …. viii. One flag pole for each platted lot, provided that the height of the flag pole shall not exceed twenty-five feet (25’) measured from the natural grade, set back a minimum distance equal to the height of the flag pole, measured at natural grade, from all adjoining property lines. The size of the flag shall be appropriate for the height of the flag pole, but shall in no event exceed twenty-four (24) square feet in area. ix. Not more than four items of yard art for each platted lot, not to exceed five feet (5’) in height or twenty (20) cubic feet in volume for each item, and placed so as to be set back from all adjacent property lines a minimum distance equal to the height of the item of yard art. x. A lamp post that is not a freestanding column, is not more than six inches (6”) in diameter, and is not more than eight feet (8’) in height. xi . All items listed in this subsection as being allowed in a required front yard must be constructed of permanent materials approved by the community development manager.” SECTION 2. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on nd the 22 day of August 2006. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (RLD/02/16/06)(63904) ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 21-100(4)(b) TO REGULATE FEATURES ALLOWED IN THE REQUIRED FRONT YARD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on nd the 22 day of August 2006. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY AGENDA MEMO (8/22/06 AGENDA) DATE: August 17, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: TXU 138kV Transmission Line Underground Funding Options ITEM: On June 27, 2006, the City’s consultant hired to develop underground alternatives for the 138kV transmission line presented its findings to the City Council. The study also included an analysis of burying all aerial utilities as part of the City’s Mile-per-Year water and sanitary sewer program. Staff has been able to identify two potential funding sources for placing the transmission line underground along the route proposed by Sega. The funding options include the following: ? Public Improvement District (PID) – funds raised through bond issue and repaid through assessment of properties along transmission line route. ? General Obligation Bond Issued by City of University Park – funds raised through general obligation bond issue and repaid through property tax revenue. A third funding option does exist in the form of a utility bill tariff. However, since, as previously stated, the financial terms and conditions of such a tariff are unknown due to ongoing negotiations between municipalities and TXU and, since those close to the negotiations have indicated that individual neighborhoods would not eligible, staff does not recommend utilization of this funding tool. th On Wednesday, August 16 the City received a letter from TXU. Amongst other topics, the letter stated that TXU would be willing to spend $5.3 million on a line rebuild for the transmission line. Therefore, TXU would be willing to put forth the same amount for an underground solution. The attached tables summarize the financial impact of each funding option, taking into account the contribution by TXU. Funding calculations are based upon an interest rate of 4.75% for a term of 20 years. ATTACHMENTS: Summary of Alternative Transmission and Distribution Options provided by Sega Summary Tables of Funding Options 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Underground Funding Options Re-write.doc 2:41 PM 08/17/06 Public Improvement District Option 5Option 5aOption 6Option 7Option 7A Probable Construction Costs 17,430,95024,206,59612,069,43826,613,77534,667,000 Probable Costs Minus TXU Contribution 12,130,95018,906,5966,769,43821,313,77529,367,000 Total Costs (including all Debt Service) 19,056,34329,707,78710,635,73333,484,14046,140,544 Average Total Obligation for Each Property $ 53,984$ 84,158 $ 30,130 $ 94,856 $ 130,710 Average Annual Obligation for Each Property (20 Years) $ 2,699$ 4,208 $ 1,506 $ 4,743 $ 6,535 General Obligation Issuance Option 5Option 5aOption 6Option 7Option 7A Probable Construction Costs 17,430,95024,206,59612,069,43826,613,77534,667,000 Probable Costs Minus TXU Contribution 12,130,95018,906,5966,769,43821,313,77529,367,000 Total Costs (including all Debt Service) 19,056,34329,707,78710,635,73333,484,14046,140,544 Property Tax Rate Increase $ 0.020$ 0.031 $ 0.011 $ 0.035 $ 0.048 Annual Property Tax Increase (20 Years) $ 145.74$ 227.21 $ 81.34 $ 256.09 $ 352.89 AGENDA MEMO (08/22/2006 AGENDA) DATE: August 17, 2006 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: Budget and tax rate public hearings at 8/22/2006 meeting BACKGROUND/DISCUSSION Texas statutes require that cities provide notice and hold public hearings before adopting an annual budget and property tax rate. Proposed FY2007 budget State law requires that a budget hearing be held no sooner than 15 days after the proposed budget is filed with the municipal clerk. Using August 1 as the filing date, a hearing August 22 meets this requirement. A second budget hearing is scheduled for the September 5 Council meeting; and a third hearing will occur at the September 26 meeting, when the Council acts upon the proposed budget and tax rate. The proposed FY07 budget of $37.639 million is 8.15% larger than the adopted FY06 budget of $34.749 million. The proposed budget includes a tax rate decrease, no rate increases for water or sewer service, and $5.022 million in capital project funding. The Finance Advisory Committee met August 10 to review the proposed budget. Two other Advisory Committees – Employee Benefits and Property, Casuality, and Liability Insurance – will meet at the end of August. More detailed information about the budget is included in the attached August 1 memo from the City Manager and supporting line item detail. Proposed property tax rate The property tax is the General Fund’s primary source of revenue. The proposed FY07 rate, without the HPISD requests, is $0.28772, a 7.06% reduction from last year’s adopted rate of $0.30958. The certified taxable property base rose 11.36%. The proposed budget would collect $467,443 more in current property taxes than last year, a 3.5% increase. Thus it is correct to say that the City is both cutting the tax rate and raising taxes. C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Budget and Tax Rate Hearing 08-22-06.doc 1 08/17/06 1:27 PM Due to the intricacies of the official effective tax rate (ETR) calculation, the proposed $0.28772 rate that will raise 3.5% more tax revenue represents an effective tax increase of only 1.34%. The ETR is significant because it drives the notice and hearing requirements a city must meet per the Texas Truth-in-Taxation law. Cities proposing an effective tax increase greater than the prior year must hold two separate public hearings about the tax rate. The Dallas County Tax Assessor- Collector performs the effective tax rate calculation. Notice of the ETR is occurring in the August 10 and 17 editions of the Park Cities News, as is notice of the upcoming hearings. The ETR’s purpose is to identify the tax rate that produces the same revenue dollars this year as last year. Instead of using the new 2006 certified tax roll ($4.804 billion) as the base, the ETR calculation considers only those properties that were on the tax roll one year ago, after adjustment for changes in exemptions, values under protest, and court-ordered reductions. The resulting tax base number ($4.677 billion) is known as the “2006 Adjusted Taxable Value” and omits the $136 million added by new construction in University Park this year. This new construction makes up 28% of the $490 million increase in the certified taxable value. At the same time, the taxes levied one year ago are also adjusted for refunds and are known as the “Adjusted 2005 taxes with refunds.” Dividing this figure ($13.28 million) by the adjusted tax base ($4.677 billion) produces an effective tax rate of $0.28390/$100. Comparing the new proposed tax rate of $0.28772 against the ETR yields an effective tax increase of 1.34%. Impact of HPISD requests on property tax adoption If either of the two HPISD requests are included in the FY07 and funded with a tax increase, the City will need to initiate the public hearing and notice process again, this time with the rate of $0.29085. The average single-family home in University Park would pay $115 more in taxes than last year, compared with $92 more than last year if the HPISD requests are excluded. The effective tax increase would rise from 1.34% to 2.44%. RECOMMENDATION At the public hearing on August 22, the City Council should direct City staff whether to proceed with the existing published tax rate of $0.28772 or change the proposed rate to $0.29085. If the latter option is chosen, staff will revise the required notices for publication and recommend a new schedule of hearing dates. Adoption of the budget and tax rate may still occur at the September 26 meeting. ATTACHMENT: ? City Manager’s budget memo of 8/1/2006 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Budget and Tax Rate Hearing 08-22-06.doc 2 08/17/06 1:27 PM Nina Wilson From: Bob Livingston Sent: Wednesday, August 16, 2006 10:46 AM To: Nina Wilson Subject: FW: Support for expansion of DARE at the High School From: Deborah Fogarty [mailto:dnfindallas@sbcglobal.net] Sent: Wednesday, August 16, 2006 6:57 AM To: jholmes@brlaw.com; hrshawver@charter.net; Sydney D. Carter; kelly@benchmarkenviro.com; jerrygrable@charter.net Cc: rkane@krcl.com Subject: Support for expansion of DARE at the High School First I would like to thank each of you so much for the time, effort, and commitment that you devote to our fine community. You are much appreciated! I think that drug and alcohal abuse education for our children is vital to promoting and maintaining healthy young adults and thus promoting a healthy, thriving community. I strongly support and approve the use of City resources to further the DARE message. I support the expansion of the DARE program at the High School by implementation of the School Resource Officer Program proposed by the Central Dad's Club/PTA. As a parent of an incoming 8th grade daughter, I have seen the value of the DARE program at the 6th grade level and think it only makes sense to make it a priority through the High School years. As a parent of an incoming 4th grade son, I look forward to a strong program that will educate and provide the safest environment possible for my children. Thank you so much for your time and attention. Deborah Fogarty 3210 Beverly Drive Dallas, Tx. 75205 214-219-3396 8/16/2006 Nina Wilson From: Raymond Kane [rkane@krcl.com] Sent: Wednesday, August 16, 2006 9:44 AM To: Sydney D. Carter; jerrygrable@charter.net; jholmes@brlaw.com; hrshawver@charter.net; kelly@benchmarkenviro.com; Guy Kerr; Bob Livingston; lomax99@swbell.net; White, William D. Cc: Mary Jabin Subject: School Resource Officer Program Good morning to everyone----hope you all are well. Cindy Kerr and I are looking forward to your consideration of our SRO Program request at the Tuesday, August 22, 2006 meeting of the UP City Council. We have been working diligently to ensure we have the support of teachers, administrators and parents in our anti-drug and alcohol abuse education efforts. Support and encouragement has been resoundingly strong from every facet of our community, and we have already make progress in formulating a plan to effectively implement a successful program, but no word of encouragement has left a greater impression with me than the note I attach below from Kim Rose, Director of Counseling and Guidance for HPISD. Thanks so much for your consideration of our request-----I am certain that the School Resource Officer Program will have a positive impact upon the well being of our children, a lasting legacy made possible by the City of University Park------see you on Tuesday----- Ray From: Kim Rose [] mailto:rosek@hpisd.org Sent: Tuesday, August 15, 2006 5:21 PM To: Raymond Kane Subject: Re: Central Dads' Club------2006/2007 Raymond, I am thrilled about the possibility of having a School Resource Officer on the HPHS campus and applaud you for your efforts in working with the University Park City Council in an attempt to make this happen. Throughout this past year I had numerous conversations with parents concerned about the lack of an on-going drug education program during the high school years. The high school counseling office would be eager to work hand-in-hand with the SRO to ensure that our students are provided drug education that leads to good choices for their bright futures! Thanks for your work, Kim Kim Rose Director of Counseling and Guidance Highland Park ISD 214-780-3748 8/16/2006 Nina Wilson From: Dennis Mullinix [dennis@mullinixcustomhomes.com] Sent: Wednesday, August 16, 2006 5:04 PM To: Sydney D. Carter Subject: DARE In the High School Syd, Hope your summer was great. I know you can’t wait to get back to working for all of us at UP in the Scot Dollar program. We really do appreciate all of the work you put in. John Pittman and I were working on getting Kuby’s to join in, we’ll let you know. On another note, I has come to my attention there is a possibility to continue the DARE program, and place an officer at HPHS. That would be great. If there is anything I could do to assist with this implementation, please th don’t hesitate to call. My son is in 8 grade and talks about Officer Rock and DARE more than you might imagine. I would love to see this continue for HPHS, and hopefully keep educating and motivating our teenagers when those opportunities to stray become more frequent. Best regards, Dennis C. Mullinix 3701 Bryn Mawr Dallas, Tx 75225 214-692-6550 8/17/2006 Nina Wilson From: Leslie White [lwshops@sbcglobal.net] Sent: Wednesday, August 16, 2006 10:15 PM To: jholmes@brlaw.com; hrshawver@charter.net; Sydney D. Carter; kelly@benchmarkenviro.com; jerrygrable@charter.net Cc: leslie@roomservicehome.com Subject: Dad's Club/PTA re: School Resource Officer Program at HPHS Hello, My name is Leslie Ward White and I would like to strongly recommend supporting the Dad's Club/PTA's "School Resource Officer Program". Quite simply, it is important for our children to continue their DARE education (thru high school) and their commitment(s) there-of. The teen years are especially difficult and I feel this program will help them stay fully aware of the consequences of bad decisions and how it can effect the rest of their lives. Please help and best regards, Leslie White 8/17/2006 AGENDA MEMO (08/22/2006 AGENDA) DATE: August 22, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP SUBJECT: Hold a public hearing and consideration of an Ordinance granting a change of zoning from Multi family “MF-2” to Planned Development District “PD-33” and approving a detailed site plan for a tract of approx. 2.98 acres more or less including certain alleyway right of ways, to allow for multi family development. The subject tract include Lots 4113 Lovers Lane, 4112 and 4113 Hyer Street and 4102 Grassmere and being lots 9-11 and 18 -20, Block 1, Troth and Boswell Subdivision and lots 7-11 and 18- 22, Block 2, Troth and Boswell Subdivision located in the City of University Park. Background/Analysis The existing Park Lane Apartments comprise of 91 units and occupies approx. 2.85 acres. The tract is part of the Multi Family “MF-2” zoning district classification. Under the current MF-2 zoning the existing site will allow for a total of 69 units with a maximum building height of 35 feet. The applicant is requesting a change of zoning to Planned Development “PD” zoning district classification to allow for the construction of 88 units with an average unit size of 1,433 sq. ft. The applicant is also requesting the City of University Park to abandon the alleyways traversing the site between Lovers and Hyer and between Hyer and Grassmere. The applicant further proposes to dedicate two tracts of land to facilitate turning movements resulting from the abandonment of the alleyways. An Ordinance abandoning the Alleyway easements is included as a separate agenda item. Recommendation Planning and Zoning Commission held a public hearing and considered this item at its regular meeting on July 17, 2006 and voted unanimously to recommend approval subject to the condition that an additional ingress/egress be provided on Grassmere Lane. Attachments: 1. Application and land use statement. 2. Detailed site plan 3. Ordinance City Council Report DATE: , August 22 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager RE: PZ -06-013 GENERAL INFORMATION APPLICANT: Intercity Investment Properties, Inc. LOCATION: s The subjectite is situated South of Lovers and west of Preston Road. REQUEST: Intercity Investments is requesting a zoning change from Multi family “MF-2” to Planned Development District and approval of a detailed site plan for a tract of approx. 2.98 acres more or less including certain alleyway right of ways, to allow for multi family development. The subject tract include Lots 4113 Lovers Lane, 4112 and 4113 Hyer Street and 4102 Grassmere and being lots 9- 11 and 18 -20, Block 1, Troth and Boswell Subdivision and lots 7- 11 and 18-22, Block 2, Troth and Boswell Subdivision located in the City of University Park. The subject tract is zoned MF-2 and owned by Intercity Investment Properties. EXISTING Multi family MF-2 ZONING: SURROUNDING LAND USE: North: SF-A, Zoned PD-7 South: Multi family East: General Retail uses on Preston West: Multi family and Duplexes 2 STAFF Background: COMMENTS: The applicant is requesting a zoning change from Multi family MF- 2 to Planned Development District for a tract of approx. 2.98 acres more or less including certain alleyway right of ways, and approval of a concept plan and detailed site plan to allow for multi family development. The subject tract include Lots 4113 Lovers Lane, 4112 and 4113 Hyer Street and 4102 Grassmere and being lots 9- 11 and 18 -20, Block 1, Troth and Boswell Subdivision and lots 7- 11 and 18-22, Block 2, Troth and Boswell Subdivision located in the City of University Park. The existing Park Lane Apartments comprise of 91 units and occupies approx. 2.85 acres or 124,174 sq. ft. Under the current MF-2 zoning the existing site will allow for a total of 69 units with a maximum building height of 35 feet. The applicant is requesting the City of University Park to abandon the alleyways traversing the site between Lovers and Hyer and between Hyer and Grassmere. The applicant further proposes to dedicate two tracts of land to facilitate turning movements resulting from the abandonment of the alleyways. The proposed development as shown on the detailed site plan will comprise of 88 units with a maximum building height of 47 feet. The new development will provide 181 parking spaces below grade and 28 additional parking spaces for guests which exceeds the 176 spaces required by the zoning ordinance. NOTIFICATION: A public notice for the Planning and Zoning Commission hearing was published in the Park Cities News on July 6, 2006, and a public notice for the City Council hearing was published on August 3, 2006. Staff mailed notices to owners of real property within 200 feet of the subject tract. Staff will provide a summary of responses received at the meeting. ATTACHMENTS : 1. Land Use Statement submitted by the applicant. 2. Ordinance for PD-33 3. Detailed site plan 4. Building Elevations 5. Memo from Dannie Cummings 3 surveying engineering constructionmanagement trafficplanning MEMORANDUM DATE:June30,2006 TO:HarryPersaud,AICP CityofUniversityPark FROM:DannieCummings,P.E. C&PEngineering,Ltd. RE:ParkLaneApartments LoversLaneandPrestonRoad Atyourrequestwehaveconductedareviewofthetrafficimpactanalysis(TIA)preparedby InnovativeTransportationSolutions,Inc.fortheproposedredevelopmentoftheParkLane Apartments.ThisapartmentcomplexisboundedingeneralbyLoversLaneonthenorth, GrassmereLaneonthesouth,PrestonRoadontheeast,andWestchesterDriveonthewest. WefoundthattheTIA(datedDecember2005)waspreparedfortheoriginalplansubmittal(dated September6,2005)andwasnotupdatedtoreflectthechangesassociatedwiththecurrentplan submittal(datedJune16,2006). TRAFFICOPERATIONS TheresultsofthetrafficanalysesconductedintheTIAwerenotaffectedbythechangesincluded inthenewplansubmittal. Estimatedvehicletripendstoandfromthestudyareawerecalculatedutilizingtripgeneration ratesandcharacteristicscollectedandcompiledbytheInstituteofTransportationEngineers(ITE) intheseventheditionoftheirtripgenerationhandbook.BasedonthisITEdata,theParkLane Apartmentscanbeexpectedtogenerateapproximately49tripsduringthemorningpeakhourand 59tripsduringtheafternoonpeakhour. TheanalysisoftheprojectedtrafficimpactofthissitewasfocusedatthenearbyPrestonRoad andLoversLaneintersection.Weconcurwiththeresultingstudyfindingsthatthetrafficimpact onthisintersectionwillbeminor.ThecurrentintersectionlevelofserviceisaveryacceptableC forboththemorningandafternoonpeakhourperiodsandwillremainsointheyear2007when theredevelopmentofthissiteisexpectedtobecompleted. PARKINGANDACCESS TheinformationintheTIAregardingaccessandparkingassociatedwiththeproposedsitewas notconsistentwiththenewplansubmittal.Weevaluatedthenewerinformationincludedinthe mostrecentplansubmittal. Thetotalnumberofparkingspaces(garageandon-street)appearstosatisfythetotalspaces requiredbytheCity.However,wewerenotabletorectifythenumberofspacessummarizedon thetitlesheetwithouractualcountofthespaceswithintheplans.Thisinaccuracyorambiguity shouldberectified. AccesstoparkinggarageswilloccuronlyfromHyerStreetasopposedtobothHyerand Grassmereasproposedintheoriginalsubmittal. RECOMMENDATIONS WeconcurwiththerecommendationsproposedintheTIA.Thesehavebeensummarizedinthe followingparagraphs. Sincetrafficfromtheapartmentcomplexwillenterandexitthesiteviaaone-wayCity street,appropriateone-waysigningwillberequiredattheingress/egresspoint. VisitorparkingintheloopdriveoffofHyerStreetwillbeincludedinthisproject. Appropriateentranceandexitonlysigningshouldbeincorporatedintoitsfinaldesignto promoteaone-waycounter-clockwisecirculationpattern.Theloopdriveshouldbewide enoughtoaccommodateaparkinglaneandaby-passlane. Thefinaldesignplansshouldbereviewedtoinsureadequatedesigngeometriesand signingtocontroltrafficmovementsandassigntheright-of-wayfortheloopdriveandthe parkinggaragedrive. CLOSING WeappreciatetheopportunitytoassisttheCityinareviewandevaluationoffuturetraffic operationsatthissite.Ifyoushouldhaveanyquestionsregardingthistransmittal,donothesitate tocallme. ORDINANCE NO. ___________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A CHANGE IN ZONING FOR THE PROPERTY DESCRIBED AS LOTS 9-11 AND 18-20, BLOCK 1, AND LOTS 7-11 AND 18-22, BLOCK 2, TROTH AND BOSWELL SUBDIVISION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED TO PLANNED DEVELOPMENT DISTRICT NO. 33; APPROVING A DETAILED SITE PLAN AS EXHIBIT “B” SUBJECT TO SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and NOW, that the Comprehensive Zoning Ordinance and Map should be amended; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map are hereby amended so as to grant a change in zoning for the property described as Lots 9-11 and 18- 20, Block 1, and Lots 7-11 and 18-22, Block 2, Troth and Boswell Subdivision, an addition to the City of University Park, Dallas County, Texas, to Planned Development District No. 33 for a condominium development, said property being more particularly described in Exhibit “A” attached hereto and made part hereof for all purposes. SECTION 2 . That the detailed site plan, attached hereto collectively as Exhibit “B”, is hereby approved as the detailed site plan for said Planned Development District as required by Section 17-101 (2) of the Comprehensive Zoning Ordinance of the City of University Park, Texas, subject to the following special conditions: a.The property shall be developed only in conformance with the requirements of this Planned Development Ordinance and the approved detailed site plan; b.The property may be used for multifamily dwelling (apartment/condominium) uses only, as provided by the zoning ordinance; c.The development may include no more than 88 dwelling units, all with 10’ ceilings, with a ratio of approximately 18 one bedroom/one bath units, 44 two bedroom/two bath units, and 26 two bedroom/two bath/den units. The final ratio may be altered plus or minus two of each type unit by approval of the Community Development Manager. The development shall provide 181 off-street parking spaces ½ level below grade beneath the buildings and 28 off-street parking spaces at grade. The buildings shall not exceed 47 feet in height, nor have a top plate line height exceeding 38 feet 8 inches; d.The developer shall be responsible for the relocation of all utilities and alleys, including dedication by plat of sufficient alley easements to accommodate the City’s commercial sanitation vehicles and provide adequate turning radii, in exchange for the City’s abandonment of the existing alleys through the property; e.The development shall be subject to the approved landscape plan attached as part of the detailed site plan; 2 f.Except as otherwise provided by this ordinance or the approved detailed site plan made a part hereof, the area regulations applicable to the MF-3 District shall apply to the development; g.An 8” water line will be extended and looped from the alley between Hyer and Grassmere South to Grassmere and then East to the alley; h.The storm sewer is located East of the centerline of Preston Road and all pavement replacement must be made with 11’ concrete panels; i.Detailed civil plans must be submitted for staff engineering review and approval; j.The number and location of fire hydrants will be reviewed and approved upon submittal of civil plans and building plans; and, k.Mechanical, electrical, and plumbing plans must be stamped and signed by a Registered Professional Engineer. SECTION 3. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two 3 thousand dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 22nd day of August 2006. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _______________________________ CITY ATTORNEY (68262) NINA WILSON, CITY SECRETARY 4 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A CHANGE IN ZONING FOR THE PROPERTY DESCRIBED AS LOTS 9-11 AND 18-20, BLOCK 1, AND LOTS 7-11 AND 18-22, BLOCK 2, TROTH AND BOSWELL SUBDIVISION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED TO PLANNED DEVELOPMENT DISTRICT NO. 33; APPROVING A DETAILED SITE PLAN AS EXHIBIT “B” SUBJECT TO SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Duly passed by the City Council of the City of University Park, Texas, on the 22nd day of August 2006. APPROVED: _______________________________ JAMES H. HOLMES, III, MAYOR ATTEST: _________________________________ NINA WILSON, CITY SECRETARY 5 EXHIBIT B P ARI< LANE APARTMENTS University Park, Texa.'l INTERCITY INVESTMENT PROPERTIES, INC. ----- ......-- ......... ~~11 WARREN S. WILKE .. ASSOCIATES. IHC. C ::J R G 1\ rJ --1 b . ililllc.i W;r:; . ..1- ~.; f.i .5 ;r:;- f.i:g ... aC" <.. ~< 'II 1 11'111 i:t Jut il /Jill ~~ I If ~t I "1 · IItlll III ill III,'. I 1 I 'I'" "II I iI,!.' III, ~I IIf lit fll ~ i . III' If I 411 I! !JlI !I~ ~I !i.. !ii !iI b II 1( It ,II t kl ; I I. I1I1 lit ;1 i If If itflll !111il i i It It I tll~ II U I it I!~ !Il !I! !l II !II Ii ~II !I II !i !I i i I I ","" . I IIlm!mllll II nlllm I 11111111111111 'I ....I.f......... . ............=.... I '. 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"" ~w .:~i ~ 5." - It! - ~!; ~j;l 1"1"/"' ~li:' ~i~ -'- ... ..- 00- - : o 0 ... - , u <? <?- o o '-lftO!'S ... ~ U ...J ... ~ ; :..... I ~o:.i ~i;: ~ i' llfi~d tUffH :;:I,ld dt!Ht .----, Gl-~ L!Ji~ ...... ."1 1UO..y ou...,....., ..00... ..0 ...M.... 4~...IOOUt ,101 JIlJ .....-...0, ~ Ot ,UClllt.e.. .,I.U lO uo,..AM.OO ~ AI ".11141~.~ OU ....,.,... .lOGIIII! ....A~..,... MOlS...... ~ ..101 lCJICIXl ~ __ _. DYI_ ,..:) .cw ,6 '<4UD"~ OPt .,,+D'f ~U:lO"" Gu......,Du] ao..,I.~ .... oC4I ~ _. PAlPUDt. .,~ 10 _n *U ..0 WlRI"":KIO .,,, ... ! IN I I · i r~~~ , I~ ... z ~51 101 ~!I I I o ... ,,'., .... .. ovo~ NOlS3~d _~l 19 AGENDA MEMO (06-06-06 AGENDA) DATE: August 18, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Ordinance No _ abandoning alley easements in the area generally bounded by Lovers Lane, Preston Road, Grassmere Street, and Westchester Street. Background. Action to abandon the alley easements described in the attached ordinance is contingent upon the City Council's approval of the Planned Development (PO) for the Park Lane Condominium project earlier on the 08.22.06 agenda. The proposed Park Lane Condominium project reconfigures the alleys in the 4100 blocks between Lovers Lane and Hyer and between Hyer and Grassmere to turn south into Hyer and Grassmere respectively. Their proposal dedicates the necessary ally easement for the realignments and requests that the City abandon the east/west alley easements currently splitting their properties. If Council approves the PO and the abandonment of the alley easements, the developer would be required to replat the property and dedicate the new alley easements prior to construction. There is a difference in the land area requested for abandonment versus new dedication. That area, in the City's credit is approximately 147 square feet, and the developer would pay the fair market value of $60 I SF, or $8,820 for the difference in land area. Discussion. Staff recommends Council approval of the abandonment ordinance, subject to the prior approval of the Planned Development for Park Lane Condominiums. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING ALLEY EASEMENTS, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS “A” AND “B”, TO THE ABUTTING OWNER IN CONSIDERATION OF THE DEDICATION OF NEW ALLEY EASEMENTS DESCRIBED IN EXHIBITS “C” AND “D” AND THE CASH SUM OF $8,820.00; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of University Park, Texas, has determined that certain alley easements, described and depicted in Exhibits “A” and “B” are no longer needed or necessary for public purposes by the City; and WHEREAS , the abutting property owners have agreed to dedicate new alley easements within their project, described and depicted in Exhibits “C” and “D”, to pay the market value differential in cash and to provide to the City necessary improvements; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for and in consideration of the dedication of alley easements of 2,570 square feet described and depicted in Exhibits “C-1”, “C-2”, and “C-3” and 2,637 square feet described and depicted in Exhibits “D-1”, “D-2”, and “D-3”, attached hereto and made part hereof for all purposes, the payment of $8,820.00 in cash, and the construction of necessary alley improvements, the City of University Park hereby abandons and quitclaims in favor of the abutting owner, Intercity Investment Properties, Inc., a Texas corporation, and successor in interest to Corrigan Properties, Inc., the alley easements over those certain tracts or parcels of land more particularly described and depicted in Exhibits “A-1”, “A-2”, “A-3”and “B-1”, “B-2”, and “B-3” which are attached hereto and made a part hereof for all purposes, the same as if fully copied herein, consisting of 5,354 square feet (0.1229 acre), more or less, in the City of University Park, Dallas County, Texas. SECTION 2. That the rights being abandoned in the property described herein consist of alley easements as shown in said Exhibits. 68733 SECTION 3. That the City of University Park does not abandon any other interest other than described in Exhibits “A” and “B”, but does hereby abandon all of its right, title, or interest in the described alley easements, together with any and all improvements thereon. SECTION 4 . That upon dedication of the new alley easements and the payment of the cash sum stated above, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to Intercity Investment Properties, Inc., and the recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park of such right, title or interest of the City of University Park in and to such alley easements described in Exhibits “A” and “B”. SECTION 5 . This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. nd DULY PASSED by the City Council of the City of University Park, Texas, on the 22 day of August 2006. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/08-4-06) 68733 EXHIBIT “A” LEGAL DESCRIPTION 68733 AUG 18 2006 10:20 FR TO 2149875399 P.04 ,,---...., r--, ALL~'t' ABANDONMENT PARK LANE APARTMrNTS UNIVERSITY PARI<, DALLAS COUNTY, J,759 sq. ft. - 0.0863 TEXAS C1e. BfJNG a tract of Jond situated In the S. Popplewell Sur....ey, Abstract No. 1145, and being port of 0 15' Alley between Grassmere Lane and Hyer Street, separating Lots 7 lhru 11 and 1 B thrlJ 22, JOHN S. TROTH SUBDIVISION of LOTS 7 to 22. inclusive, of BLOCK 2 of PRrSTON HEIGHTS ADDITION to the City of University Pork, according to thl! plot tner80f recorded in Volume 5, Poge 443, Mop Records, Dallas County, TSll:os, ond being mere PQrticularly described os follows; BEGINNING at on ").' cvt set for corner ot the northeast corner of said Lot 1 B; TH~NCE: S 89'56'00" W 010n9 the north Ii,,! of said LQts 113 thru 22. a distance of 243.02 feet to on "1(" cLlt set for cor"er at the beginning of 0 non-tangent curve to the left which hos CJ central ongle of 59'57'41", a radius of 30.00 feet, and 0 chord which bears N 60'02'51" W - 29.98 feet; THfNCE departing the north line of said Lot 22 and along said curve to the left. on arc distance gf 31.40 fee! to an "x. cut set for corner al the southwest corner of said Lot 7, also the southeast corner of Lot 6, Black 2, of the J. W. Halsell Addition, on addition to the City of Uni."grsity PorI(, according to the mop thereof recorded in Volume J, Pog~ 28, Mop Records, Dof/as Coun ty, Texas, SQid corner a/so being Ihe southeC/OIt corner of that certain tract conveyed to Hyer One. Joint Venture by deed recorded in Volum~ 79051, Page 870 of the Deed Records, Dallos County, Te>:os; THfNC~ N 89'56'00" r along the south line of sold Lots 7 thru 11, a distance of 269.00 feet to On "x" cut set for corner in the west line of a 2" Alley; THENCE SOUTH with the Wl!st line of said 21' Atley. a cjistance of 75.00 feet fo the POINT OF 8E:GrNNING and containing .3,759 square feet or 0.OB6.3 acres of land. mere or less. . BearIngs are oased upon the JOI<4N S, TROTH SU9DtvlSJO/J a( I.ols 7 Ihroll'i1h .22 of 9/0ck 2, PR(STON HEICHTS ADDITION. an addition fO the Clry or Univer.lly Pork. 001113; COlin ty. T~Kos. liS racord.1i in VollJm~ 5, POQ' 443, Map Rlcorda, Dollos Counti. TeKos. EXHIBIT I A-I PIBURN<t:PARTNERS, LLC .3445 Highland Rd. - Suite 205 00110$. Texas 75228 ph; (214) 32B-03500 faK: (214) 32B-3512 em oHern e tf'o!flJf've yOI"'. cem August 04, 2005 S/'lt. 1 o( .3 Pro jc:;ct No. 05185 AUG 18 2006 10:20 FR 1 SCAt.E: ," - so' I SLO~K 2 J. w. HALSEt ADDITION Vol. .3, Pg, 28 I ~ s I H'I'f:/l ONE, JOlT 'if:N11.JRE: Val. 79OSI.1 Pg. 870 I .' 2J BLOCK 2 J. w. HAL.SiL.L. ADOITIDN Vol. J. Pg, 28 I August 04, 2005 Sht. 2 of .3 P~cjccl No. 051/35 , .--..... TO 2149875399 ".........." ALLEY ABANDONMENT PARK LAN~ APARTM~NTS UNIVERSITY PARI<, DALLAS COUNTY, TEXAS J.759 sq. ft. - 0.086,3 ac. pel>lcAT/ClH I 2,8J7 .q. II./ 22 I HYER STREET (MJ' RIGHT OF WlA'" I I I SLOCK 2 I JDI-IN S. TROTI-I SUBDlrS/ON I Vol. 5. Pr;. 44J I v I 10 11 I I e~RIGA~ ~OPfRlIE5. 'fe. I Vol. 5519., Pg. DOU I I I N 89' 6'00. ~ - 2 9.00' 3,759 sq. ft 0.0863 ac S 89"56 00 W 243,02 .~. ...~ ",," :set 2' I I CJ1MAN PFlDPrl'lnES, ,la. IV"', B91 s+. Pg. aaBJ'j I I I 20 I 18 '- ..... ,~ I BLOC/( 2 I JOHN Is, mOTH SUBO/~/5/0N Vol. 5, Pg. 44J I I I CRASSMERE STREET (6c' PIcHt or WAY) P.05 SOU-TH- 15.00' P.O,B. PIBURN~PARTNERS, LLC 3445 Highland Rd. - Suite 205 Dallas, Texas 7522B ph:(214) 32B-3500 (0;(:(274) 32B-.3512 em oilGrn e ~"O:5u"'V'eyo"', com EXHIBIT I A -cA. HUG 18 2006 10:20 FR 'Iugusl 04, 2006 Sr./, J of .3 ProJecl No. 05165 TO 2149875399 P.06 r' ~, ALLEY ABANDONMENT PARK LANE APARTMENTS UNIVERSITY PARK, DALLAS COUNTY, J,759 sq. ft. - 0.0863 TEXAS ce. VICINITY MAP nt.. ffi Non;' "OVOIlS LANE IrE: 1./1>1/1/(11517.,. 8LVO, .. f ~ ~ ~ t> ~ C ~ ~ g U ~ ~ PIBURN<PARTNERS. LLC .3445 Highland Rd. - SlJltfl 205 Dallas. rexa~ 752.28 ph;(214) :328-3500 fo~;(214) 328-.3512 emoll ~ = ~rOS'"\.Jr..,eyor. com EXHIBIT I A -3 RUG 18 2006 10:20 FR TO 2149875399 P.07 /",.--...\ ~- ALLEY ABANDONMENT PARI< L.ANE APARTMENTS UNIVERSITY PARI<, DALLAS COUNTY, TEXAS 1.595 sq, ft. - 0.0366 ce. BEING 0 troct of land situated in the S. Popplewell Survey, Abstract Na, 1145, and being port Df 0 10' Alley be/ween Lovera LorHl end Hyer Street, separoting Lots 9 thru 11 (}nd 1B t/'lru 20, TROTH &: BOSWE'LL'S 2nd RESUBDIVlSION of LOTS 9 to 20, Inclusive, of BLOCK 1 of PRE:STON HEIGHTS ADDITION to the City of University Pork, ot:carding to the plat thereof recorded in Volume 5, Pege 37.3, Mop Records, DoflCls Coun ly, Texas, ond being more porticu/arly described as foJ/owa: BeGINNING at an "x cw t set for corner ot the northeast r::orner of said Lot 1 B; THENC[ S 89'56'00" W clong tne north line of said lots 18 thru 20, a distance of 15.2,54 feet to an "x" cut set far Cornf!lr at the beginning of a non-tangent curve to the left which has a central angle of 48'09'36", Cl rodius of JO.OO feet, and a chord which bears N 65'57'25" W ~ 24.48 feet; TH~NCE: deporting the north line af sold Lot ZO and along said curve to the left, on o~c distonr;:$ of 25.22 feet to on "x'' cut ut for comer at the sot./thwesf corner of said Lot g, a/so the southeast corner of Lo! 13. Block 1, of the J. W. Halsell Addition, on addition to the City of University Perk, accordJng to Ihe mop thereof recorded in Volume .3. Page 28, Map Records, Dallas County, Texas, said corne~ also being the southeast Cornsr of that certain trad conveyed to F. Ray Mr::Clendan by deed recorded in Valume 77064, Page 1208 of the Deed Records, Dollas Coun ty, Texos; THE:NC~ N 89'56'00" E: olong the south line of soid lots 9 thru 77, a distance of 175.00 fest to on ";r" cut set for corner In the west line of a 15' Alley; THE:NCE: SOUTH with the west line of said 15' Alley, 0 distance of 10.00 feet to the POINT OF BEGINNING and containing 1,595 square feet or 0.0.365 acres of land, more or less. . B.orln.., er. bog.d upon Ih. JOHN S. TROTH SUElOIVlSIO/o( CJ I ~otg 7 t"'oll!ln 22 0/ Block 2, />RE:5TON HEIGH rs ACD/TION, en gddlllon 10 rhe CIty of University Park, Dallas COlin f,y, Toxas, QS ~..cord..d in Volume 5, Page HJ. Mo~ R."o~d~, OaIlQ~ County, Toxas. AU9u~t 04, 2006 Sill. 1 01 J Projl'ef No. 05185 I B-1 PIBURN ..q:: PARTNERS, LLC 3445 Highland Rd. - Suite 205 Dallos, Texas 7522B pl'1:(214) 32B-3500 fo>::(;214) 328-3512 cmollCimc trCSlJrvcyor. com EXHIBIT RUG 18 2006 10; 2 1 FR 1 5C11.E: 1" . 40' ~. ,o,ugLlsl 04. 2006 5hL 2 of J Project No. 0578S TO 2149875399 P.08 ,/"'. ,..--.., ALLEY ABANDONMENT PARK LANE APARTMfNTS UNIVERSITY PARK, DALLAS COUNTY, TEXAS 1,595 sq. ft. - 0.0.366 ce. LOVERS LANE (75' ~IClHT oF \IIA'I') I BLOCK 1 I J. WJ HALSELL ADDltrlON I Vol. J. Pg. 28 I a I I BL.OCK 1 I TROTH & BbsWfLL'S 2nd RE"*USD1VlSION I Vol. 5. Pg. 37J I · ! " i " Cb/l/l/ClA"I P/lOPERTltS. 1Ijc. I Vol. 5919<. Pg 00133 I I If RA r McCLENDON ~.,. 770&-. P~. J~DEl I ~J P.O.B. ..~.... '~f oum- 10.00' J. I I )-RlaAN PRCPEIITI~S. 't. fvo/. 69fH "9 0063 I I P~o<' tlSGO I DfD/C1.T/O"I 19 Z.I:;7 _a. It. 20 I 1 I 8LOCK 1 I TROTH &: ~OSwELL'S 2nd R~UBOIV1S/0N Vol. 5, Pg. J7.3 I I ~ 18 HYER STREET (~c' R/ClHT Qf !VA" PIBURN-<PARTNERS, LLC .3445 Highland Rd. - Suite 205 Dallas. Texos 75228 ph:(214) J2B-350D fo)(:(214) 328-3512 0'" alt..-n s tr-QSlJ,..veyor, corn I EXHIB'IT B'~ AUG 18 2006 10:21 FR ,,,,......\ TO 2149875399 ,~ P.09 ALLEY A.BANDONMENT PARK LANE APARTMENTS UNIV~RSIT,( PARK, DALLAS COUNTY, TEXAS 1 J 595 sq. ft. - 0.0366 ce. VICINITY MAP "ts E13 North I:l o ~ ITE LewERS LANE HYER GBS5(1: RE' H K UNll'ER5ITY SL~ MOCKINCSIRD LANE .. I ~ if ~ '" ~ ~ '" ~ i ~ ~ AlugLlS/ 04, 2006 Sh L J of .3 Project Nt;>. 05185 j EXHIBIT B-3 PIBURN~PARTNERS, LLC .3445 Hignland Rd. - Suite 205 Dallos, Te,"os 7522B ph: (214) ,328-3500 fax: (214) 328-3512 emo;l<=n1 ~l.t05u"vey"". com RUG 18 2006 10:42 FR TO 2149875399 P.02 AlLCY' DEDrCA nON PARK LANE APARTMeNTS UNIVERSITY PARK, I)ALLA'i caur-. T\'. 1EXAS 2.,570 sq. ft, - O.059() oe. BEING ~ tracl nf IOJlt! .itoJotlld ;iI tns $. fJor>p/ewelf SUI .=i. Ab3trCl<:t No. 1 'J"~, orlll blli"g port of Lot )0. mOTH 8< SO!jWEll'S 2nd RESIJRO/VISION of lOTS Ii to 20. indoJI:;VQ, of Ell ()(;K I of P1iESTON HE:IC~TS AUOfTH'lfli lv l/l\! City gf lJn;l.I~r~ity P"rk. dceordlng to tM (llot 1I,t:1~"/ rllconlQd in VO/Llmp. 5. Puge .37J, Map Rtcorn~, DolloS County, (e.."!', <1nd iJ"itl9 ",ore PQdieulcrfy i'1~S'crlbEld U~ (ollo""~ BEGINNING ot nn "x cut s~l for cornar In th.. nr.>rln IIno ul lIr=r S!r..et (~(j' RD. W.), a! InQ sou IM/p.s t cpm~1 "f said (.01 2D, 0/$0 Int'! soullu:,cst cornor of Lot J!l. Brock i. 0/ the .I, W. Hnl.~p.1l Al1;'/illof"l, I'n adQllion 10 t,hp. CHy of Uflilleroity Pork, 1j",.,ordJnrJ lD l1'1e mClp then'!nf ro:(;urded in \'/o/i,lme 3, POlJfl 2El. MOD Fiecordll. Oc:Jllos L'ounty, TeJ:03", <ll~o tM ,~r.lJthl!~:;t GGm=r pf tno! certoln Irar;! t;r;mvl;fy'&d to Hycr OnE JoiM v'!;'nlv: e oy de~11 recorde~ irt Volurns 7510051, l-'o9~ 1'.71> or fho D""d Rocora~, (J"lJn.~ COUll Ii, rQ>lOi: THfN(';[ NORm deporting tho n:lrCh line or lloi() Hyer alr.."t <lneJ 01""0 tho: line eo",mf.>n to Lot5 20 I.lIld 21, a distance d 1.~.5.24- Il!ct 10 0/'1 "x" evt ~1!1 fOI ""mor at Ii'll! nor!heosL I,;Vrflcr ",f ;oill lol ;2'1, I"lJ.~o llor! norll'l,",e:li cornEr (If .&::oid Lot 20, io1 Ih" so,,'/'I /in.. ell a 10' Alley; TH~NCE. l'Ii El,I'~f.'nD" E: olonl;/ IIle oouth liM '" .!loid 10' All" 1'/ " di:l\aneQ of 2]..,e feel lo on "H" ..u! set 'nr corner ut the b=9inni"\l or a nnn-ICflill;Il1t C"\lrvc to tilE rir/I'lf w/lic:l, ho~ 0 co/'llrol on9'E' nl 87'2B'D"'. Q rodloJ/: 0/ 30.0n fS!ll. ,;,nd 0 o"er~ wl'lich beors S 01"51'49" W - 41.40 fl!l!t; THEfliCE: d~parllng the So~t/'I iii'll! o( said 10' AI'cy and "long ~old r:IJrV!l (u tho righ t, on f"jr" dr~luro"l! 0/ 45,80 feQt to " I/?" fron ruel ~a~ <1t tl15 bogJilnil'\(] of lJ coJrve lo t~. let! wnich tlos Q "t:IHrol ongl" of 4~'3e'1"., Cl l(Jdi~:I of 20.00 'eel, Clnc a doutd which bears 0.; n'46 '07" W ~ IS.50 /../It: TiI/;NCEZ with ~,,'d OIJrv/! lu (/I" 1:1t. an /;Ife diJ:tr.mr.1! of 13,5Z (,,~t t" 0 1/:2" i~o/1 r(ln ~cl for corner ,,1 thl!: em) of .oid ..liNe: TIICNCE SOClTH 0 dj~IMnce vr 79,50 recl (0 an Y' I'>"r 9!li (ut corner in tha of ore Men tionEd ",flfln lint' uf 11,)":r Street: THfNC( S Sg"S6'IJO" w olon~ I"e: ",;.rlh line 0' said Jol~r .';;treet u dist,meG of l~.(,Jll feG! 10 thQ POINT OF aEG/NNING ond eontai/'l/l'Ig ~.570 ,~'l'JarC (l;I,t 0,. D.OS90 acr61S r.>f I"nd, more or IE',;;S . R.ari~08 or. llOS~. up'" II,. JaH~ S. TRoTH SI.l!lnI'.A~j[.I'I .r 1.01. 7 (lu'oujh 22 or Slo., t. I'l/t3TOI'I IItOG,'it'S AOPITt08, ~n cH'ddi9" ~~ tl1'" r:ily of unt"'C:rsHy Pr.JIA, 00'1,,;1 CQU(lty. Tt'~It. n~ re:ord:!d 1M 'tIolumt: ~, r~it:. 143, M~r JiiI",f.rJrdli.. O",'ICJS L:oun ty. fex{I:'. EXHIBIT PIRLJRN~ PARTNERS, LLC J44~ HIQlllulld lid. S...lie ':.ill:;' Olli'O:l, Texo:;; 7S.:i2lo1 nn: (214) J2/J-3500 fo.~~ (214) J:%B-.3~12 ~r'l<.tlr~<::[I"ClW:UI'\.yr.'l" ~t'i" IIU9~~1 (,I. :1006 Shl. : ~r .\ Pro';'.! Mo. rJhlt;~ l~(_ RUG 18 2006 10:42 FR TO 2149875399 P.03 AlL.ey DEDICA nON PARK LANE APARTMENTS l./tvlYf.RSITY ('ARK, DALl.AS r.aUNTY. TeXAS 2,570 sq. ft. - 0.0590 nc. I \ i seALe ,. .. 1001 LOVERS LANE I I fjLOCt< 7 I TROTI I .II Sb$VvfLL'~ ~M R!\UfllJ""'~ION I v~, ~, Pg. J7J I ! 10 \ C~I\'I"'" M""!RTlC;;, "l0. r;.,1. 60'... PI DCOJ \ I ~!':"'::'O~~IlT . . ..L__-------L1--I~~~~~'.\ ~ ~ ~r 1 -----[~8r2!~1~r- ------- I R:oJO.OO' I L~45.ao' .. CH;: 5 01'51'19- W ~ Le-,.41.4S' ~ \ - - J~45'J6'14. ~ 1'1-20,00' I L~15.Q2' 1 " I 4::!' C ='.5 22;48'07- W ::!" . ~ L .:Hi.SO I I f;;: &r I \j I --- 1 aLOOI< 1 t is I I "~ftt.~" PRCll"Rf'ES\ 'UC. w ~AL~tLL APO QN ~ ~ on v.. fiol... .... LXI J IVo" -'. pg. 2D ~_ ~ I SLOC/<( 1 I P OB, i3 TJ;/OTt-I '-"!IlU::;VfELL':; 2nr./ ftE:SIJOD/VIS10N 1 .:. .-.1 . r", Yolo S, Fy. .J7i __ ""r .,,/ S 8S''''G'on" W lS.00T I r r t;LOCI\" / c'. IVJ /IALS.LL "'DDllT1tllll \ Vol. 3. ,pg. ;<11 \ I I \ I .. .i~ .:t H Tt" VNO, JO!,.' VENT\lTC Val. JOO~'l Po. a10 !22 [ 21 I I I I -L "'"g"O I 07, 20(1~ Shl. " "I ~ Fro;..1 ~'O. (J.-,,~!i EXHlelT Ie..) ('5' Rlr.>Ir CF WA T) I" ~ ~-- - " HYER STREET (~n' RICll! ut 1MI') P18URN i:PAR1NERSj LLC 1445 Hi~n'Clnd Ii~. - ~<.Illc 205 DCllu~, TChCl:J 7S:!2B pl-t:(214) 32El-J50Q (Cl~:(214.; 328-.\!11:1 ~mo'I'" U:I' (1"0 aur.....C1yo ". =="" AUG 18 2006 10:43 FR ,I' r' 'I i, Augu.l 07, 2006 Sill. J o~ J F',u.i~d No. 051eS TO 2149875399 ALLEY OEDICA nON PARK LANE APAlfn,,!lNTS UNIVF:RSITY' PARK. DALLAS cou/\r I'f', TFXAS 2.570 sq. ft. - 0.0590 QC. V,CINllY MAP nt. ~ 'CIj l.jl.lrth LClj(Iit5= II.~ H I'!IMC - IAN ~ J ~ ~\ ~ If PIBURN~P^RTNERS. LLC ,~<f45 Hiy""lJnd Rd. - Suite 2W'; DaIIQ~, T~MC~ 75~21:l ph:(;>14,i :32D-350D ,,,,,,:(2'14) J28-.;I::;12 ~("llolijOrn.t,.~.aI,JI'\'C'YCl'" r:nm - E~",'B'" \ i.~- . ** TOTAL PAGE.04 ** P.04 RUG 18 2006 10:21 FR TO 2149875399 P. 10 /"",, ~, ALL~Y OEDICA TION PARK LANE APARTMENTS UNIVERSITY PARK, DALLAS COUNTY, 2,637 sq. ft. - 0.0605 TEXAS ce. BEING 0 tract of land sltl.Jated In the S. PappI_willi Survey, Abstract No. 1745, and being part of Lot 22, JOHN S, TROTH SUBDIVISION of L.OTS 7 to 22, inclusive, of aLOCK Z of PRESTON HeiGHTS ADDITION to tne! City of University Pork. occol"ding to the plot thereof recorded ;1'1 Volume .5, Page 44J, Mop Reoords, Dallas County, Texas. ond beIng more particularly described os follows: BEGINNING at on "" oul set for eorner in the nort" line of Grassmere Street (50' R, O. W.), at the southwest corner of sold Lot 22, o/so the southeast corner of Lot 2.3, Block 2, of the J. W. Halsell Additic". an addition to the City of University Pork, according to the map thereof recorded I" Volume J, Page 28, Map Records. Dallos County, Texas, also the southeast corner of that certain Irect oonveyed (0 Stellen C. Harvey by deed recorded in Vo/um$ 93247, Page 27.39, Deed Records. Dallas Cou"ty, Texo!>; THENCe: NORTH deporting the said north line of Grassmere Street and along th. line common to Lots 22 and 23. a distance of 142.83 fest to on ";r(" cut set for cornl!r ot the "ortheosl comer of said Lot 23. also the northwest corner of said Lot 22, in the south line of 0 15' Alley; THeNCE: N 89'56'00" [ olong the !>oulh line of $old 15' Alley, 0 distance of 25.9B fe~t to en "x" cut set (or corner at the beginning of 0 non-tangent curve to the right which has a cen trol angle of 75"39'48", a radius of .30.00 feet, and a chord which beers S 07'45'54" W - J6.80 feet; TH~NCE wIth sold curve to the rlgh I, On orc distonce cf )9.62 fellt to 0 1/2" Iron rod sel for comer at the beginning of a curve to the left ",hich has a central angle of 45'35'48", a radius of 20.00 feet, and 0 onord whic/'l bears S 22'47'54" W - 1.5,50 feet: THENCE with said curve to tne left, on ore distance of 15.92 fe~t to a 1/2" iron rod set for corn!!:r at the end of sold cl,lrve; THENCE: SOUTH 0 distanoe of 92.09 feet to on "x" cut set for corner i" the north line of aforemen Honed Grassmere Street; TH[NC[ $ B9'55'00" W a distance of 15.00 feet /0 the POINT OF E3~GINNING and containing 2,5.37 $quore feet or 0.0505 acres of lo"d, more or less. . Searing. are ba;ed upon rhe JOHN S. TROTH SUBDIVISiON of ~at; 7 thral,Jgh 22 of illo"J{ 2, PR[STON HE:tGHTS ADDITION. Qn cddi/jQn (0 file Clly of Uni.er!i1y Park, Dalla. COl,Jnly, T~~a;, Q; recQrd~d In Volume ,s, P0ge 44J, Map ftecard" Dalla. Cal,Jnty, Tuas, August 07. 20015 snL 1 of .3 Pmj~c;t No. 05185 I EXHIBIT D -( PIBURN"';:: PARTNERS. LLC 3445 Hlr;Jhl"n~ Rd. - Suite 205 Dol/os. Te;ros 75228 ph: (214) :32B-3500 fax: (214) 328-.3512 emailOrn~~ro.;;urveyor.com RUG 18 2006 10: 21 FR TO 2149875399 P. 1 1 ,r-" ,---.. 1 ALLEY OEOICA T/ON PARK LANE APARTMENTS UNIVERSITy PARI<. DALLAS COUNTY, TEXAS 2,637 sq. ft. - 0.0605 ac. SCALf; r' - 6~' HYER STREET (S~' IfJC>lT Of iliA'" ~ 1 1 I BI.OCK 2 I JOHN 5. TROTH SUBDI~'S/ON I Vol. 5. Pg. 44J I ! 9 I 10 11 I Sl01K Z J. W. HALSE L ADDITION vol. 3. Pg. 28 I 2! I I C~RIGAnI PIlOPfllT1ES. Ire. 1'141. SVU4. p~. pC63 I I pROPOSlD I I ~~-----_J_--------lf!~~~~~l_________L______- ... I " "it" III ----I ~~~~~~4iff --------I---------l-------- I L-=J9.6Z' I I I I ~ CH--$ 07'45r54U W 1 t :i lro LC.....3S.BO' RIGAN PROPERTIES. I C. .., It) 1110 N -"S'YS'-"S- '1.'.59194. 1'9 OO~J STEVE:N C. HARV<Y. or oJ ~ Vol. 9-'247,11'9. 27.J9 ~ 8 in RI;;;;;20.DO' I 20 I I H I 2~ d ~ ~t~S9~;'47'5J w I 19 :r ...-.j L~..1S.S0' 'I eLOC~ 2 F= .:: Ol I I .). W. I-IALSnJ ADDITION ~ rt ~ 22 I 21 I Vol. J. Pp. 28 I::i ~ Iol:l :::l ......~ 0 P.D.B., III .)1'1' set "..N lief S 89'5S'00. W 15.00' I HTf:R ONE:. JOLT vE:NTlJRE: Vol. 790S1.1 1'9, B7C :>- I.IJ ~ "i .8 I SLOel< Z I JOHNls. TROTH SU8DI~/S/ON Vol. 5. "g. 4431 I I GRASSMERE STREET (50' RIGHT OF WAY) August 07, 2006 Sht. .2 of 3 Proj~ct No. 05185 PIBURN~PARTNERS, LLC 3445 High/and Rd. ~ Suite 205 Dallas, Teras 75226 ph: (214) .325-.3500 fox;: (214) .328-.3512 l!ImclJCr'n e ttosU"Y'eyor. com EXHIBIT I 1)-~ AUG 18 2006 10:21 FR AW9i,J$t 07. 2006 Sh I. :3 of :3 Proieel No. 057iJ5 .r-'. TO 2149875399 P. 12 "..-...., ALLEY DE01CA TION PARK LANE APARTMENTS UNIVERSITY PARK. DALLAS COUNTY. 2,6.37 sq. ft. - 0,0605 TrXAS oc. VICINITY MAP nt& ~ North LOv~RS LIlN~ UNI o;[!lSI TY SL vO. G~IlSSII R R , a f ~ i!i ~ ~ EXHIBIT 1-1d-3 '!i "" ; Cl ~ ~ i PIBURN~PARTNERS, LLC 3445 Highland Rd. - Suite 20$ Dol/os, Te:tos 75226 ph:(214) 328-3500 f'1>::(214) 328-3512 emo"~13I [....OBurveyor. com ** TOTAL PAGE.12 ** AGENDA MEMO (08-22-06 AGENDA) DATE: August 18, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT:PUBLIC HEARING. Discuss reconstruction, ownership, and operation of the Germany Park Booster Pumping Station. Historical. In 1952, Dallas County Park Cities Municipal Utilities District (MUD) installed a pump station to boost the pressure from their water supply at the split between Highland Park and University Park. The typical pressure at this point was 60 psi. This was and still is sufficient to fill Highland Park’s elevated storage tank, but is unable to fill University Park’s two tanks. The booster pumping station increases the water pressure about 100 psi to meet UP’s system demands. Since 1952, the MUD has maintained the booster pump station and upgraded the facility as much as is practicable. However, the pump station is in excess of sixty years, and several engineering studies have concluded that it should be replaced. The MUD has experienced problems and inefficiencies with pumps, electrical systems, and piping configurations, and fails to conform to safety codes regarding “confined space entry”. Several years ago the pump station was out of service for three days, which caused the City to be out of water. Only by using a fire truck to connect UP’s water distribution system to Dallas’ were we able to have water (for consumptive and sanitary uses only) for the community during that period. In 2004, the City Council negotiated with the MUD, as part of water rate discussions, for the UP to take ownership of the booster pumping station. The arrangement called for UP to design and build the facility and pay the MUD to operate it. The Booster Pumping Station in Germany Park is literally the “heart” of University Park’s water system. It is simply the only means of supplying water to the City. Given the age and condition of the existing facility, it MUST be replaced. The only issue is the exact location, and based on the MUD transmission main, it must remain near the parking lot at south end of Germany Park. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Booster PS Public Hearing for Germany Park 08 22 06 (3).doc 7:57 AM 08/18/06 Background. The City Council authorized a contract with Alan Plummer & Associates in Feb. 21, 2006 for the design of the proposed booster pumping station in Germany Park. Pursuant to direction from a previous Council, the consultant was asked to locate the new facility in the southwest corner of the park. After demolition of the existing pumping station, the MUD agreed to allow the City to use that property for park uses. The consultant has been proceeding with the design, however, we received a comment from an adjacent resident about locating within the park. In an effort to be responsive to that resident and to receive input from the community on this issue, staff has placed the appropriate notices in the Dallas Morning News, advertising that the City Council will conduct a public hearing (at their 08.22.06 meeting) pursuant to Chapter 26 of The Texas Parks and Wildlife Code, to determine if it is advisable to use a portion of Germany Park for the reconstruction of the booster pumping station. The preliminary design suggests that the proposed pumping station structure will be approximately 26’ by 70’, with a ridge height of about 25’, and the architect will develop a residential look for the building. Should the Council determine that the use of the Germany Park site is not appropriate, two locations east and west of the existing pumping station on MUD property are suitable sites. The use of that property would preclude its use for additional park activities. Slides from the staff Power Point presentation at the Council meeting are attached for additional background. Discussion. Staff requests City Council direction in selecting a site for the booster pumping station in order that the design can proceed in a timely manner. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Booster PS Public Hearing for Germany Park 08 22 06 (3).doc 7:57 AM 08/18/06 , , 'fj 1\ L.. ! .. f -" ,:.' $, l' "~ -<it-; :.:~- ",. -~.~ a .. 't.. ;..~ ~;:;>>~. ,j'. "110:'\ ~i .'\ L I . -:~;. c.. E :::J a.. L- OJ +-' Vl o o CC ~ L- eo a.. >- c CO c E .Q L-+-' (]Jj9 (.9Vl \D _0 -- 0 ~ r'J ::J -... o r'J Ur'J .C;-ti __ ::J U C1 ::J <:( Background Information ... . The existing booster pumping station in Germany Park was constructed in 1952 to provide water to University Park. Because of the facility's age, the structure and equipment have high operational and maintenance costs. Furthermore, it does not meet current building, electrical, or safety codes. . The City Council made a decision to replace the pump station, and during that discussion a suggestion was made to relocate the structure to the southwest corner of the Park. Upon completion of the new facility and the demolition of the existing pump station, that would provide additional green space south of the parking lot for youth soccer. . All three of the following locations include the proposal to close Roland Drive from the parking lot south to the alley. This will not only provide addition usable park space, but will improve security issues for the park. "A!f' ...... l. ':tl-. '"~ ~ " I' r r~ , ~-~-:::- , I - \ ~~ - ,,,~...~.. .. :J { j1 I J r ~ ~ '. '" ;;, ~ ..~ . t. at:'. ~""::.~ ~.. ", :\ -.' f' .$'~" \ '11!{~.. \ ~-~~ J ....~ ..... II - ------ -) f i.Ii.=~~ , . '~:1' ) . -=" ~i~ -- -~ u ~ ...... ~... ~ , " . ~ /~ ~i ;if, I -, i, ~ F ,;fl~' '~, \ 'p . 1\ 1ft" l:1I~... \t,. Booster Station: Proposed Location SW Corner of Germany Park North of Drane ~LL ========-- ~ DALLAS NORTH TOLLWAY ---------- EXlSTlNG 3Oflj( '/"-_---- ?, / r-- :::--t7 :;: :;;: I ~ ~r:J ' WOODEN FENCE : :( "~~ 551 NEW 30" GATE VAlVE ;( . EAST EDC-E' - . Of cOrJCRETt FENCE WALL ~ . - q NEW METER STATION --- CX!. Ol, 12' APPROACH SLAB ~ ~. ^ - ~ \ . 552 . IJl , . I ~ q 0 t-l, 0 . I ;t> in 0 ^ ~..l t"( . l> 0, 0 . ^ t,) I\J, 1'1 111 , r- r q :;.: ~ 0 a . l> l> . ^ . A tv . / , q 0 }- ^ --- ---------- OCS '~ 5. NEW DOUBLE GATE .)1 ;z () 111 en 1'1 r :;;: NEW GATE VALVE (TYP. Of" 7) DRANE DRIVE 50' R.O.W. ;0 c ""- Proposed Location Advantages: . Provides for use of existing booster station site for additional park space. Proposal would raze the existing facility and close Roland Avenue south from the parking lot to the alley. . Relocates new booster station further from existing residences. . Proposed location does not hamper existing park uses. Disadvantages: . Proposed structure eliminates about nine trees. . Although the proposed structure does not interfere with park uses, it does encroach on the park itself. ;( Booster Station: Alt No. 1 South of Existing Booster Pump Station _. fEX. ~~ OROP r.w O<'E:RHEAO C ------------ ~ ) --------.- I Pr{ -->< )( ---- --- , +- . - ~ -~. NEW ISOLATION VALlIE (rrP.) EX. UEVA TED TRANSFORMER BANK --- = ,. ------- EXISTING WA TER LINE .. J:' .~{ ;( ------------ ~ ----- . ROLA=;;O A VENUE~=-~ (TO 8E CLOSED) '" -~ /' / --= L :i -==:- BURIED ELECTRICAL \ SERIllCE SEE NOTE , I CONCRETE ALLEY WAY = ~ ~\ J -- ;i; I .. --- _548----- >- ~ i2 c o ------------------- ~-- ~, EXISTING PUMP STATION .-' ~O BE DEMOlISHED ------- ""' CHAINWH< FENCE ' )( ! c "'j-. ''''- .",..~ ~- ~~ cr- ,:::; --<-< ~ z ___- -- - . '- "-\ ;;; ..., n o i'j ;u m -i ,., ,. F;; -< "" ,. -< ;;; ..., " '" i'" I I I \ \ I I "'~(:Z d 00 - -l ~CDr- OZO ootO --"F x l=!~:-.... <( en r-- '. N'-.... z a.. '-' " e5:::E 1-:::> <to... ~ : J; J: )( ELECTRICAL DUCT BANK .~. " '"-.. ~ "--...... "~ ~~............,- '~ ~"- DAL':;T~RO~"!,1JT:tLR~NCciTl[S -------'S49 IIOPROVrlArNTS DISTRICT NO. , ~ VOL, 3078 pc. 4:>3 ____________ sue ..gS5 ------------ CITY or DALLAS VOL. 13. PG. 341 P.R.D.C.T. ~ __~!)O/ ;0 GJ~ Io --i . I)> Or "'1r 1['Tl ~-< )> -< ..., C) n..., /' .'-.." ~ $<Ie ~ . .... -0' . '0' ,,, ;0 -" /' ~ ", ... "- '., ..... ............ tr Alternate Site No. 1 Advantages: . Does not encroach on park property. . No Loss of trees. Disadvantages: . Reduces additional green space that had been proposed for youth soccer. . Is considerably closer to adjacent residential properties. Booster Station: Alt. No 2 =~~,st of Existing Booster Pump Station - ---1--- _____ _~_=__~".. 'nP' ~-~ -----...... J: ---. - - -- --------- ---------- ;: -- ----- ~O~~NJ,,~~NU~$ f==> '~;--~AR;~~---o " -~---> -- -i' ---~-- -==--- 3 '~i ~----- "'! - ----=S~:G~:~N~-3~--! TO BE ABANDONED -- ;( =..--~ -== ~ CONCRETE: ALLEY WAY -- --'---)( x --------y\ ',,- =- --'54:=- ---- ); --- l: - - OHE " FlOW _ ~ '''" lALTERNA/t -[OCATfm\r~" ; PUMP STATION BlDG ~~ L------{?z:_~._~9...J____ . ',,--- ......... :T BANK ''''-" '--... f'Low =- ", '~ ~. 1a .~ " '~ <c ;1>::1 er- r-=< -i-< ~ CJ . '. o ' ::E z t! ---- ~ ----- -----._--- - BLIND FLANGE AND THRUST BLOCK NEW WATER LINE _?50 NEW DRIVEWAY f:XlS71NG PARKING LOT ____ Alternate Site No. 2 Advantages: . Does not encroach on park property. . No Loss of trees. Disadva ntages: . Reduces additional green space that had been proposed for youth soccer. . Is considerably closer to adjacent residential properties. AGENDA MEMO (8/22/2006 AGENDA) DATE: August 16, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: HPISD Request Joint Use Agreement Amendments BACKGROUND: Staff has received a letter from the Cathy Bryce, HPISD School Superintendent requesting consideration of amending the existing 1991 Joint Use Agreement involving Germany Park. Key Points of the Current Joint Use Agreement: Existing Agreement Term: ? August 20, 1991 through August 19, 2006. Responsibilities: ? City: Landscape maintenance, tennis courts, fencing, soccer fields, parking lots, water fountains and bleachers. HPISD: Repair and maintenance of track, field events area and storage restroom building. Programming: ? HPISD: During the hours of 3:00 p.m. to 6:00 p.m. of each day, except Saturday and Sunday, from the beginning of the fall term to the end of the spring term, HPISD shall have excusive use of the track and playing fields, provided that the two (2) outside lanes of the track shall be reserved for the use by the general public during these hours. Summary of HPISD Request for Amendments to 1991 Joint Use Agreement: # 1) The City of University Park will pay for the resurfacing of the track. # 2) HPISD will use Track lanes 1-4 and the field from 3:00 p.m. until 6:00 p.m. from the first day of school through January 14. # 3) HPISD will use Track lanes 1-6 and the field from 3:00 p.m. until 6:00 p.m. from the first day of school through January 15 through May 15. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Request – 8-22-06 A. HPISD request #1: Costs associated with track resurfacing Staff recently met with representatives of Track Masters, Inc. of Fort Worth, Texas to discuss options regarding new track surface at Germany Park. Track Masters has over 15 years experience in developing track facilities across the country. The following are potential options and estimated costs for track resurfacing. Potential Options: Option #1: Remove existing deteriorated rubberized surfacing and install three (3) inches of rolled asphalt. Estimated track closure is 30 days. Estimated life of surface 5 - 8 years. Remove Existing Rubberized Surface: $ 5,000.00 Correct Base Failures: $10,000.00 Install 3 inches of Asphalt $40,000.00 Track Markings $ 5,000.00 Estimated Cost $60,000.00 Option #2: Remove existing surface, reclaim asphalt, tear out south curve and reinstall new base and new curbing, install 2 inch of new asphalt and new black polyurethane surface. Estimated track closure is 30 days. Estimated life of surface 8 - 12 years. Estimated Cost: $176,000.00 Option #3:Tear out track completely and install new track base with black polyurethane surface. Estimated track closure is 60 days. Estimated life of surface 15 - 20 years. Estimated Costs: $270,000.00 B. HPISD request #2 and #3: Track Programming Staff will take direction from City Council on how to proceed with exclusive use issues associated with HPISD usage of the track and field area. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Request – 8-22-06 RECOMMENDATION: Staff is requesting direction from City Council on how to proceed with the proposed HPISD Joint Use Agreement amendments. Based on City Council direction, staff will work with the City Attorney to prepare a revised Joint Use Agreement for signatures. ATTACHMENTS: Letter from HPISD Superintendent of Schools - Cathy Bryce ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Request – 8-22-06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Request – 8-22-06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HPISD Joint Use Agreement Request – 8-22-06 AGREEMENT FOR JOINT USE OF GERMANY PARK STATE OF TEXAS S S COUNTY OF DALLAS S This Agreement, made and entered into on this 5th day of March , 1991, by and between the City of University Park, a home rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "First Party" and the Highland Park Independent School District, an independent school district orgainized and existing under the laws of the state of Texas, hereinafter called "Second Party," WIT N E SSE T H: WHEREAS, First Party and Second Party have heretofore entered into Agreements for the joint use, development, and maintenance of Germany Park; and WHEREAS, such Agreements expire on August 19, 1992; and WHEREAS, the parties desire to modify and extend such Agreements as provided herein; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: First Party and Second Party, for and in consideration of the premises and other good and valuable consideration, hereby agree as follows: 1. This Agreement is to begin on August 20, 1991, and run through August 19, 2006, provided that the Agreement for Joint Use of Park "A" and Agreement for Development and Maintenance of Park "A" entered into by and between First Party and Second Party on August 19, 1976, as modified, shall remain in full force and effect until the effective date hereof. 2. Germany Park is the property of First Party and shall be operated and maintained by First Party, save and except for the maintenance and repair of the track, field events area, and storage-restroom building, which shall be the responsibility of Second Party. 3. Subject to the provisions hereinafter set forth, during the hours of 3:00 p.m. to 6:00 p.m. of each day, except Saturdays and Sundays, from the beginning of the fall term to the end of the spring term of the school program of Second Party, Second Party shall have access to the track and playing fields and shall have exclusive use thereof, provided that the two (2) outside lanes of the track shall be reserved for use by the general public during such hours, and Second Party shall have exclusive use of the four (4) inside lanes. Should the school athletic schedule change by necessity, the parties shall work out a mutually agreeable time to give Second Party access for three (3) hours per day when needed by its athletic program. 4. Second Party shall also have exclusive use of the track, field events area, and playing field for competitive events which may be held on not more than ten (10) days during the school year, provided Second Party shall give notice to First Party at least thirty (30) days in advance of its need for the exclusive use of said facilities. 5. In connection with the Agreement, First Party will: a. Furnish water and electricity for the storage- restroom building at the north end of the park, provided that the restroom facility shall be used and maintained for school practice and competitive -2- ~# UP Mayor \lt1~ ~. events only and will not be operated as a public restroom during such time as it is not supervised by school personnel. b. Maintain all landscaping, exercise stations, fence, soccer field and goals, tennis courts, parking lot, water fountains, and bleachers. 6. In connection with this Agreement, Second Party will: a. Repair and maintain the track, field events area, and the storage-restroom building, including the repair and replacement, when needed, of the artificial surface of the track. b. Have priority rights on the use of the field and track at times other than specified herein, provided that sufficient advance notice is given to First Party, and further provided that Second Party is reasonable in its requests and respects the needs of the public in its use of the park. c. Not establish, maintain, operate, nor permit any concessions for the sale of food or beverages of any kind or character in the park. d. Not establish, maintain, nor operate any loud speaker system, as a fixture, on any of the park premises. e. Not increase the capacity for seating of spectators to more than two hundred (200) places. f~otAInstall or permit the installation of any lighting other than the low intensity lighting presently in Pres. place for security purposes. -3- "-"--,-~.~_.._-,._,,-,~~-,._.~_...._--,,~-~-~._~--~~.~---.-~""'~-'~----~----~--~--- 7. The rights and benefits of Second Party under this Agreement shall not be assigned, transferred, conveyed, or otherwise disposed of by Second Party by contract, operation of law or otherwise, and any attempt on the part of Second Party to do so or the occurrence of any event which shall have the legal effect of causing any such transfer, assignment, conveyance, or other disposition of such rights and benefits of Second Party hereunder shall automatically cancel the rights of Second Party hereunder. 8. First Party represents and warrants that this Agreement has been entered into in accordance with law and with the full approval of its City Council. 9. Second Party represents and warrants that this Agreement has been entered into in accordance with law and with the full approval of its Board of Trustees. EXECUTED in duplicate originals on the date and year first written above. First Party: Second Party: CITY ,..Q.F UNIVERSITY (J ~ By:YflJUfl ' ;/i Mayor PJ2RK ". .:L . -Z:~"- HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT By: ~~fi C2- president, Board of Trustees ATTEST: ~~; C~~~ City Secretary AT~EST: /1 ~ " Y.I~ ui/ , . ~ r./-.-,~-k:::::;:? r Superintendent v -4- AGENDA MEMO (08/22/2006 AGENDA) DATE: August 22, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consider setting a date for a public hearing to discuss issues relating to the increasing size of single family construction. Background/Analysis: On September 20, 2005 City council received a report from staff evaluating the current building coverage in the Single Family zoning districts. Another report was received and discussed on October 20, 2005 providing various alternatives for regulating the “Too-Big House”. Council forwarded one of the items relating to Tree Preservation to the Parks Board and two items relating to building setbacks and size of homes on lots less than 60 feet in width, to the Zoning Ordinance Advisory Committee (ZOAC) for further review and recommendation. The Parks Board is currently finalizing the Tree Protection Ordinance which will address the issue of tree removal and mitigation in all zoning districts in the City. After receiving recommendations from ZOAC and the Planning and Zoning Commission, City Council approved an ordinance last April, amending the side yard setbacks for single family lots of a certain size. Residents continue to express concerns to Council about the size of single family construction and the impacts on the existing neighborhoods. The purpose of the public hearing is to provide a forum for builders and residents to publicly address the City Council on this issue. Recommendation: Attachments: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Public Hearing Memo.doc 3:24 PM 08/15/06 AGENDA MEMO (08/22/2006 AGENDA) DATE: August 9, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Consider Approval of Agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program Background/Analysis The contractual agreement outlines the terms and conditions between the City of University Park and Redflex Traffic Systems, Inc. for the Photo Red Light Program. The contractual agreement was drafted by City Attorney, Robert Dillard. Redflex Traffic Systems, Inc. contractually guarantees no financial risk or out-of-pocket costs to the City of University Park. Cost neutrality is assured to Customer and the exact wording is located in EXHIBIT “D” (COMPENSATION & PRICING) of the agreement. In the event there are legislative changes which affect the matter in which municipalities may enforce photo red light infractions, the City of University Park will be released from said contractual agreement. As the largest and best-known name in the photo enforcement industry, Redflex Traffic Systems has lead the way in both digital speed and red-light enforcement and pioneered the photo enforcement industry in the USA, dating back to the early 1980s. Red Light Cameras are now being used in several area cities in order to reduce the number of motor vehicle accidents caused by red light infractions. The addition of red light cameras will assist the University Park Police Department in enforcing red light violations and in making our streets and roadways safer to travel. Recommendation Staff recommends the approval of the contractual agreement. Attachments: Contractual Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Redflex.doc 10:32 AM 08/14/06 AGENDA MEMO (8/22/06 AGENDA) DATE: August 15, 2006 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Contract with Redflex Traffic Systems Attached is the Agreement between the City of University Park and Redflex Traffic Systems, Inc. for the Photo Red Light Enforcement Program. Redflex has a contract through the Houston-Galveston Area Cooperative Purchasing Program (HGAC) to provide its Photo Red Light Enforcement Program. HGAC contracts fulfill all competitive bidding requirements. The City will use the HGAC contract with Redflex to participate in this program (see attached Contract Pricing Worksheet). The City has opted to pay Redflex a fixed fee of $4,870 per month for each designated intersection approach (see page 24, Exhibit “D”, Compensation and Pricing). The City will in turn receive the revenue collected from the Notices of Violation. The contract contains a “cost neutrality” clause that ensures that the City will not lose money by participating in this program (see page 24, Exhibit “D”, Compensation and Pricing). RECOMMENDATION: Staff recommends authorizing the City Manager to approve the attached agreement with Redflex for the Photo Red Light Enforcement Program. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Redflex Contract memo.doc 2:20 PM 08/17/06 AGREEMENT BETWEEN THE CITY OF UNIVERSITY PARK AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement (this “Agreement”) is made as of this __ day of August, 2006 by and st between Redflex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 1 Floor, Culver City, California 90230 (“Redflex”), and The City of University Park, a municipal corporation, with offices at 3800 University Boulevard, University Park, Texas, 75205 (the “Customer”). RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and Notice of Violation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to engage the services of Redflex to provide certain equipment, processes and back office services so that sworn police officers of the Customer are able to monitor, identify and enforce red light running violations as prescribed under Ordinance No. , providing for Automated Traffic Signal Enforcement (herein referred as the Photo Red Light Enforcement Program); and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT DEFINITIONS. 1. In this Agreement, the words and phrases below shall have the following meanings: 1.1.“Authorized Officer” means the Police Project Manager or such other individual(s) as the Customer shall designate to review Potential Violations and to authorize the Issuance of Notice of Violations in respect thereto, and in any event, a sworn police officer of the City of University Park, Texas, appointed by the Chief of Police. 1.2.“Authorized Violation” means each Potential Violation in the Violation Data for which authorization to issue a Notice of Violation in the form of an Electronic Signature is given by the Authorized Officer by using the Redflex System. 1.3.“Notice of Violation” means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. 1 1.4.“Confidential or Private Information” means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person’s business or methods of operation or concerning any of such Person’s suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.4.1.Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.4.2.Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term “trade secrets” shall mean the broadest and most inclusive interpretation of trade secrets. 1.4.3.Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.5.“Designated Intersection Approaches” means the Intersection Approaches set forth on Exhibit “A” attached hereto, and such additional Intersection Approaches as Redflex and the Customer shall mutually agree upon from time to time. 1.6.“Electronic Signature” means the method through which the Authorized Officer indicates his or her approval of the issuance of a Notice of Violation in respect of a Potential Violation using the Redflex System. 1.7.“Enforcement Documentation” means the necessary and appropriate documentation related to the Photo Red Light Enforcement Program, including but not limited to warning letters, violation notices (using City specifications), a numbering sequence for use on all Notice of Violation, instructions to accompany each issued Notice of Violation (including in such instructions a description of basic adjudication procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Notices of Violation (including with respect to coordinating with the Department 2 of Motor Vehicles), and technical support documentation for adjudication personnel . 1.8.“Equipment” means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Redflex Photo Red Light System(s), including but not limited to all camera systems, housings, radar units, severs and poles. 1.9.‘“Fine” means a monetary sum in the form of a civil penalty assessed for each Notice of Violation. 1.10.“Governmental Authority” means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.11.“Installation Date of the Photo Red Light Program” means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program. 1.12. “Intellectual Property” means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person. 1.13.“Intersection Approach” means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed by Redflex for the purposes of facilitating Red Light Photo Enforcement by the Customer. 1.14.“Operational Period” means the period of time during the Term, commencing on the Installation Date, during which the Photo Red Light Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated City Streets and Intersection Approaches by a sworn police officer of the Customer and the issuance of Notices of Violation for such approved Violations using the Redflex System. 1.15.“Person” means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.16.“Police Project Manager” means the project manager appointed by the Customer in accordance with this Agreement, who shall be a sworn police officer and shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the Customer’s obligations pursuant to this Agreement, 3 including but not limited to change order authorizations, subject to any limitations set forth in the Customer’s charter or other organizational documents of the Customer or by the city council of the Customer. 1.17. “Potential Violation” means, with respect to any motor vehicle passing through a Designated City Street and/or Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Officer to review such data and determine whether a Red Light Violation has occurred. 1.18.“Proprietary Property” means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person’s business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.19.“Redflex Marks” means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Photo Red Light Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.20.“Redflex Project Manager” means the project manager appointed by Redflex in accordance with this Agreement, or such other person as Redflex shall designate by providing written notice thereof to the Customer from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection Approaches and the implementation the Photo Red Light Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex’s obligations pursuant to this Agreement, including but not limited to change-order authorizations. 1.21.“Redflex Photo Red Light System” means, collectively, the SmartCam™ System, the SmartOps™ System, the Redlight Photo Enforcement Program, and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 1.22.“Photo Red Light Enforcement Program” means the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors (whether loop, radar or video loop) which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. 4 1.23.“Photo Red Light Violation Criteria” means the standards and criteria by which Potential Violations will be evaluated by sworn police officers of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.24.“SmartCam™ System” means the proprietary digital redlight photo enforcement system of Redflex relating to the Photo Red Light Enforcement Program. 1.25.“SmartOps™ System” means the proprietary back-office processes of Redflex relating to the Photo Red Light Enforcement Program. 1.26.“SmartScene™ System” means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data. 1.27.“Traffic Signal Controller Boxes” means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be. 1.28.“Violation” means any traffic violation contrary to the terms of the Texas Transportation Code or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.29.“Violations Data” means the images and other Violations data gathered by the Redflex System at the Designated City Streets and/or Intersection Approaches. 1.30.“Warning Period” means the period that only warning notices and not Notices of Violation shall be sent during the 30 day period commencing with the installation of a traffic-control signal monitoring device. TERM. 2. The term of this Agreement shall commence as of the date hereof and shall continue for a period of three (3) years after the Installation Date (the “Initial Term”). The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to three (3) additional consecutive and automatic one (1) year periods following the expiration of the Initial Term (each, a “Renewal Term” and collectively with the Initial Term, the “Term”). The Customer may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be. SERVICES. 3. Redflex shall provide the Photo Red Light Enforcement Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement. This Agreement shall consist not only of the terms and conditions set forth in this document but also the Redflex Traffic Systems USA Bid Proposal for Automated Traffic Signal Enforcement System incorporated herein in its entirety (Exhibit “G”). In the event of a conflict in interpretation, the documents shall control 5 in the order listed above. These documents shall be referred to collectively as “Contract Documents.” 3.1.INSTALLATION. With respect to the construction and installation of (1) the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit “B” attached hereto. 3.2.MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit “C” attached hereto. 3.3.VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3.3.1.All Violations Data shall be stored on the Redflex System; 3.3.2.The Redflex System shall process Violations Data gathered from the Designated City Streets and/or Intersection Approaches into a format capable of review by the Authorized Officer via the Redflex System; 3.3.3.The Redflex System shall be accessible by the Authorized Officer through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser; 3.3.4.Redflex shall provide the Authorized Officer with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data within an average of four (4) days of the gathering of the Violation Data from the applicable Designated City Streets and/or Intersection Approaches 3.3.5.The Customer shall cause the Authorized Officer to review the Violations Data and to determine whether a Notice of Violation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICE OF VIOLATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED OFFICER AND SHALL BE MADE IN SUCH AUTHORIZED OFFICER’S SOLE DISCRETION (A “NOTICE OF VIOLATION DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF VIOLATION DECISION; 3.3.6.With respect to each Authorized Violation, Redflex shall print and mail a Notice of Violation within two (2) days after Redflex’s receipt of such authorization; provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations; 3.3.7.Redflex shall provide a toll-free telephone number for the purposes of answering citizen enquiries. 3.3.8.Redflex shall permit the Authorized Officer to generate reports as needed using the Redflex Standard Report System. 3.3.9.Prior to the installation date of the Photo Red Light Program, Redflex shall open and maintain a local customer office for the walk-in payment of 6 fines and a local mailing address in the Dallas metropolitan area to accept payment by mail. 3.3.10.Upon Redflex’s receipt of a written request from the Customer and in addition to the Standard Reports, Redflex shall provide, without cost to the Customer, reports regarding the processing and issuance of Notices of Violation, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of the Redflex System with respect thereto to the Customer in such format and for such periods as the Customer may reasonably request; provided, however, Redflex shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to the Customer; 3.3.11.Upon the Customer’s receipt of a written request from Redflex, the Customer shall provide, without cost to Redflex, reports regarding the prosecution of Notices of Violation and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may reasonably request; provided, however, the Customer shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to Redflex; 3.3.12.Upon Redflex’s receipt of a written request from the Customer at least fourteen (14) calendar days in advance of the adjudication proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting Violations; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; and 3.3.13.During the three (3) month period following the Installation Date, Redflex shall provide such training to police personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the Customer with respect to the Redlight Enforcement Program. 3.4.PROSECUTION AND COLLECTION; COMPENSATION. The Customer shall diligently prosecute all contested Notices of Violation before the hearing officer and any appeal to Customer’s municipal court. Redflex shall diligently prosecute the collection of all Fines, contested or uncontested. All payments will be collected and deposited into a Customer specified account and will be in direct accordance with the Customer’s guidelines. Redflex will employ a collection service to collect delinquent payments with a goal of achieving a 70-80% collection rate. Redflex shall have the right to receive, and the Customer shall be obligated to pay, the compensation set forth on Exhibit “D” attached hereto. 3.5.OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the Customer shall have the respective rights and obligations set forth on Exhibit “E” attached hereto. 3.6.CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a “Change Order Notice”). Upon Redflex’s receipt of a Change Order Notice, 7 Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit “D” (the “Change Order Proposal”), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer’s receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, Designated City Vehicles, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit “D” shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 10. 4.License; Reservation of Rights. 4.1.License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non-transferable license during the Term of this Agreement to: (a) solely within the City of University Park, access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Notice of Violations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (b) disclose to the public (including outside of the City of University Park) that Redflex is providing services to the Customer in connection with Photo Red Light Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Photo Red Light Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2.RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right, title or interest therein. 4.3.RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any 8 of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the Customer’s use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4.PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5.INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex’s Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 4.6.INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 9 5.Representations and Warranties. 5.1.Redflex Representations and Warranties. 5.1.1.Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.1.2.Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer. 5.2.Customer Representations and Warranties. 5.2.1.Authority. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.2.2.Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 5.3.LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER’S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 6.Termination. TERMINATION FOR CAUSE 6.1.: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of photo red light enforcement systems; (ii) any court having jurisdiction over the City rules, or a state or federal statute or judicial decision declares, that results from the Redflex System of photo red light enforcement are inadmissible in evidence; or (iii) the other party commits any material breach of any of the provisions of this Agreement. In the event of a termination due to Section 6.1(i) or 6.1(ii) above, Customer shall be relieved of any further obligations for payment to Redflex other than as specified in Exhibit “D”. Either party shall have the right to remedy the cause for termination (Sec 6.1) within forty-five (45) calendar days 10 (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-causing party setting forth in reasonable detail the events of the cause for termination. 6.2.The rights to terminate this Agreement given in this Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 6.3.PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relive either party of any liability that accrued prior to such termination. Except as set forth in Section 6.3, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.3.1.Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Photo Red Light Enforcement Program, (ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Notice of Violations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Notice of Violations issued by Redflex prior to the termination, and (v) provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Notice of Violations issued prior to the termination of this Agreement. 6.3.2.The Customer shall (i) immediately cease using the Photo Red Light Enforcement Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Notice of Violations issued by Redflex prior to the termination. 6.3.3.Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Photo Red Light Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex’s performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore the Designated City Vehicles and Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 11 6.4.SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: (x) Sections 4.2 (Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (Customer Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Applicable Law), 11.16 (Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and (y) those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. CONFIDENTIALITY. 7. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party’s express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8.Indemnification and Liability. 8.1.Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a “Customer Party” and collectively, the “Customer Parties”) against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys’, accountants’ and expert witnesses’ fees) of whatever kind and nature (collectively, “Losses”), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Customer Party. 12 8.2.Indemnification by Customer. Subject to Section 8.3, the Customer, to the extent allowed by law and without waiving any rights, defenses or immunities provided to it by the Texas Tort Claims Act, hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a “Redflex Party” and collectively, the “Redflex Parties”) against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, or (b) the willful misconduct of the Customer, its employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party. 8.3.Indemnification Procedures. In the event any claim, action or demand (a “Claim”) in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the “Indemnified Party”) shall give the party from whom indemnification is sought (the “Indemnifying Party”) written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any settlement agreement that materially affects the other party’s material rights or material interests without such party’s prior written consent, which consent will not be unreasonably withheld or delayed. 8.4.LIMITED LIABILITY. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability arising out of or relating to this Agreement. 13 NOTICES. 9. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9.1.Notices to Redflex: Redflex Traffic Systems, Inc. th 15020 North 74 Street Scottsdale, AZ 85260 Attention: Ms. Karen Finley Facsimile: (480) 607-5552 9.2.Notices to the Customer: City of University Park Attention: Chief of Police 3800 University Blvd. University Park, Texas 75205 (214) 363-1644 Facsimile: (214) 987-5399 DISPUTE RESOLUTION. 10. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the “Dispute”), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 11.Miscellaneous. 11.1.ASSIGNMENT. Neither party may assign all or any portion of this Agreement without the prior written consent of the other. However, the Customer hereby acknowledges and agrees that the execution (as outlined in Exhibit “F”), delivery and performance of Redflex’s rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements (“Financing Transactions”) with equipment lessors, banks, financial institutions or other similar persons or entities (each, a “Financial Institution” and collectively, “Financial Institutions”). The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer (“Transfer”) its rights, or any of them, under this Agreement to 14 any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer’s prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex’s rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 11.2.“SPEED ENFORCEMENT” The Customer and Redflex agree that should legislation or local ordinance be enacted to enable the photo enforcement of speed within the city, and the city requires this capability for public safety then the city will have the option to extend this contract to include additional terms for photo enforcement of speed within the city. 11.3.RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 11.4.AUDIT RIGHTS. Each of parties hereto shall have the right to audit to audit the books and records of the other party hereto (the “Audited Party”) solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours’ prior notice to the Audited Party, at mutually convenient times and during the Audited Party’s normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty-five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount of the excess. 11.5.FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, 15 quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.6.ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both parties. 11.7.SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. 11.8.WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 11.9.CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 11.10.HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. 11.11.EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement and no party shall be required to produce an original or all of such counterparts in making such proof. 11.12.COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. 11.13.REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.14.BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 16 11.15.COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 11.16.NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 11.17.INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.18.APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of Texas and of the United States. 11.19.JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the courts located in the County of Dallas, Texas, and both parties specifically agree to be bound by the jurisdiction and venue thereof. 11.20.MOST FAVORED NATION CLAUSE. If Contractor, at any time during this Contract, routinely enters into agreements with other governmental customers within the greater Dallas metropolitan area, and offers the same or substantially the same products/services offered to the City on a basis that provides terms and conditions (including but not limited to, prices, warranties, indemnification, terms relating to posting of a bond, etc.), that are, in the aggregate and when considered as a whole, more favorable than those collective terms and conditions provided to the City, Contractor shall notify the City in writing within ten (10) business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective on the date of such written notice from Contractor, wherein Contractor shall provide the same terms and conditions to the City unless the City notifies Contractor in writing within 10 business days of Contractor's written notice that the City declines to accept such change(s), in which case such amendment shall be deemed null and void. The determination of whether this Article 11.20 should apply shall be subject to the reasonable discretion of Contractor. (The remainder of this page is left intentionally blank) 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. “Customer” “Redflex” CITY OF University Park REDFLEX TRAFFIC SYSTEMS, INC., By: CITY MANAGER Name: Title: ATTEST: ______________________________ CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 18 EXHIBIT “A” Designated Intersection Approaches The contract is for the implementation of up to 20 intersections. Identification of enforced intersection will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs. The following intersections are designated: 19 EXHIBIT “B” Construction and Installation Obligations Timeframe for Installation: Fixed Photo Red Light System Redflex will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Municipality. Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. Redflex will use reasonable commercial efforts to install and activate the first four specified intersection within the first ninety (90) days subsequent to formal project kick- off. Any additional intersections will be added within thirty (30) days of receipt of a notice to proceed. The Municipality agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the client with timely completion of the photo enforcement project Redflex Traffic Systems requires that the City assist with providing timely approval of City permit requests. The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the customer is to provide city engineers review of Redflex permit requests and all documentation within a two business days. Redflex will also review and correct if necessary any redlines with in two business days. Permits need to be received within five business days of first submittal in order to implement the program in a timely manner. 1.Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex’s sole expense): 1.1.Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project Manager; 1.2.Request current “as-built” electronic engineering drawings for the Designated Intersection Approaches (the “Drawings”) from the city traffic engineer, if available; 1.3.Develop and submit to the Customer for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and 1.4.Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the “Approvals”), which will include compliance with City permit applications. 1.5.Finalize the acquisition of the Approvals; 20 1.6.Submit to the Customer a public awareness strategy for the Customer’s consideration and approval, which strategy shall include media and educational materials for the Customer’s approval or amendment (the “Awareness Strategy”); 1.7.Develop the Redlight Violation Criteria in consultation with the Customer; 1.8.Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; 1.9.Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches (under the supervision of the Customer); 1.10.Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.11.Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.12.Implement the use of the Redflex System at each of the Designated Intersection Approaches; 1.13.Deliver the Materials to the Customer; and 1.14.Issue Notice of Violation notices for Authorized Violations; 1.15.Redflex shall provide training (i) for up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Redlight Photo Enforcement Program, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Violations Data in administrative adjudication hearing proceedings and a review of the Enforcement Documentation; 1.16.Interact with administrative adjudication hearing personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in adjudication proceedings, and coordination between Redflex, the Customer and adjudication personnel; and 1.17.Redflex will work with the Customer to develop a comprehensive Public Awareness/Education Campaign that will be based on research and public polling to ensure tailored messaging for the community. Redflex will organize a press conference at the project’s commencement and coordinate all logistics, including preparing a media packet which will include: a news release; an overview of the Customer’s photo enforcement program; a project fact sheet; a project question and answer sheet; a photo enforcement “Facts & Myths” handout; a map showing photo enforcement intersections and thoroughfares; background on similar successful projects elsewhere; an explanation of photo enforcement technology; an explanation of how the program will be 21 administered; and a spokesperson contact list. The Police Department’s Public Information Officer will be their primary point of contact, and will have final approval on all media materials 1.18.Notice of Violation processing and Notice of Violation re-issuance 1.19.Employ a collection agency to collect delinquent accounts. To offset the cost of collecting each delinquent account, Redflex will receive reimbursement for the cost of delinquent collection up to the amount of the late fee penalty of $25 associated with that account, for each account and associated late fee successfully collected. 2.CUSTOMER OBLIGATIONS.The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer’s sole expense): 2.1.1.Appoint the Police Project Manager; Provide an Administrative Hearing Officer to preside over Appeals Hearing for the City. 2.1.2.Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3.Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.1.4.Provide assistance to Redflex in obtaining access to the records data of the Texas Department of Transportation in Redflex’s capacity as an independent contractor to the Customer; and 2.1.5.Assist Redflex in seeking the Approvals 2.1.6.Provide reasonable access to the Customer’s properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Redlight Photo Enforcement Program; 2.1.7.Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.1.8.Seek approval or amendment of Awareness Strategy, as described in Section 1.17 above, and provide written notice to Redflex with respect to the quantity of media and program materials (the “Materials”) that the Customer will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2.1.9.Assist Redflex in developing the Redlight Violation Criteria; and 2.1.10.Seek approval of the Enforcement Documentation. 22 EXHIBIT “C” Maintenance 1.All repair and maintenance of Photo Red Light Enforcement systems and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2.Redflex shall not open the Traffic Signal Controller Boxes without a representative of city Traffic Engineering present. 3.The provision of all necessary communication, broadband and telephone services to the Designated Intersection Approaches will be the sole responsibility of the Redflex 4.The provision of all necessary electrical services to the Designated Intersection Approaches will be the sole responsibility of Redflex. 5.In the event that images of a quality suitable for the Authorized Officer to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 6.The Redflex Project Manager (or a reasonable alternate) shall be available to the Police Project Manager each day, on a reasonable best efforts basis. 23 EXHIBIT “D” COMPENSATION & PRICING Commencing on the expiration of the Warning Period for each Designated Intersection Approach, Customer shall be obligated to pay Redflex a fixed fee of $4,870 per month for each Designated Intersection Approach (“Fixed Fee”) as full remuneration for performing all of the services contemplated in this Agreement. As a beta-testing and feasibility study, Redflex will provide a mobile photo red light system unit for a period of 90 days at no charge to the Customer; upon completion of feasibility study; Redflex and the Customer will have the option to extend this contract and negotiate terms for mobile photo enforcement. Cost Neutrality Cost neutrality is assured to Customer. The maximum compensation that Customer shall be obligated to pay to Redflex each month is the Fixed Fee. Each month, Customer and Redflex shall compare the aggregate revenue received from all Notice of Violations (“Revenue”) to the total amount invoiced by Redflex for the Fixed Fee (“Amount Invoiced”) during the previous month (“Cost Neutrality Review”). If the Amount Invoiced exceeds the Revenue, then City shall only be obligated to pay the Revenue to Redflex and the difference between the Revenue and the Amount Invoiced for that month will carry over to the next month as a deficit (“Deficit Amount”). If, in the next following month, the Revenue exceeds the Amount Invoiced, Customer shall pay the Amount Invoiced plus all or any portion of the accumulated Deficit Amount to the extent that there is sufficient Revenue to pay all or any portion of the Deficit Amount. Upon contract expiration any such outstanding deficits will be forfeited by Redflex. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: 1.Redflex construction will be able to utilize existing conduit for installation where space is available. 2.The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 3.Each year, beginning with the second year of the Initial Term, the pricing will be adjusted by the Consumer Price Index (CPI) for the Dallas Metroplex as published by the U.S. Department of Labor. 24 Exhibit “E” Additional Rights and Obligations Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1.Redflex shall assist the Customer in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Redlight Photo Enforcement Program (actual print and production costs are the sole responsibility of the Customer). 2.Redflex shall be solely responsible for installing such Signage. The Customer shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority (“Signage”), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage. 3.The Redflex Project Manager and the Police Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the Customer Manager shall mutually agree. 4.The Customer shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribe by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any of the foregoing. 5.The Customer shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 6.Each of Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the Customer shall obey any and all such rules and regulations. 7.The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the Customer, or any of its employees, contractors or agents. 25 Insurance 1.During the Term, Redflex shall procure and maintain and Redflex’s sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex’s subcontractors, agents, representatives and employees: 2.Commercial General Liability Insurance. Commercial General Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage; 3.Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury or property damage, including but not limited to coverage for all automobiles owned by Redflex, hired by Redflex, and owned by third parties; 4.Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. 5.Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation Insurance with coverage of not less than the limits required by the Labor Code of the State of Texas, Employer’s Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence. 6.With respect to the insurance described in the foregoing Section of this Exhibit “E”, any deductibles or self-insured retentions must be declared to and approved by the Customer and any changes to such deductibles or self-insured retentions during the Term must be approved in advance in writing by the Customer. 7.With respect to the Commercial General Liability Insurance the following additional provisions shall apply: 8.The Customer Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. 9.The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer in connection with this Agreement, and any insurance or self-insurance maintained by the Customer shall be in excess of, and not in contribution to, such insurance. 10.Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer, and such insurance policies shall state that such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 11.With respect to the insurance described in the foregoing Section of this Exhibit “E”, each such insurance policy shall be endorsed to state that the coverage provided thereby shall not be cancelled except after thirty (30) calendar days’ 26 prior written notice to the Customer. If any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 12.Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms of this Agreement. 27 Exhibit F FORM OF ACKNOWLEDGMENT AND CONSENT This Acknowledgement and Consent, dated as of _________, 2006, is entered into by and between the City of University Park, Texas (the "City") and Redflex Traffic Systems, Inc., ("Redflex"), with reference to the Agreement for Photo Red Light Enforcement Program, dated as of _______________, by and between the City and Redflex (the "Agreement"). 1.Redflex has entered into a Credit Agreement, dated as of August 3, 2004 (the "Harris-Redflex Credit Agreement"), with Harris Trust and Savings Bank (the "Bank"), pursuant to which the Bank has provided certain working capital credit facilities to Redflex. Such credit facilities will provide Redflex the working capital that it needs to perform its obligations to the City under the Agreement. 2.Pursuant to the Harris-Redflex Credit Agreement, Redflex has granted Harris a security interest in all of Redflex's personal property as collateral for the payment and performance of Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. Such security interest applies to and covers all of Redflex's contract rights, including, without limitation, all of Redflex's rights and interests under the Agreement. 3.Redflex will not, by virtue of the Harris-Redflex Credit Agreement, be relieved of any liability or obligation under the Agreement, and the Bank has not assumed any liability or obligation of Redflex under the Agreement. 4.The City hereby acknowledges notice of, and consents to, Redflex's grant of such security interest in favor of the Bank in all of Redflex's rights and interests under the Agreement pursuant to the Harris-Redflex Credit Agreement. 5.The City further acknowledges and agrees that this Acknowledgement and Consent shall be binding upon the City and shall inure to the benefit of the successors and assigns of the Bank and to any replacement lender which refinances Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. IN WITNESS WHEREOF, the City and Redflex have caused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. The City of University Park, Texas: Redflex: By:__________________________ REDFLEX TRAFFIC SYSTEMS, INC. Name:________________________ Title:_________________________ By:__________________________ Name:________________________ Title:_________________________ 28 Exhibit “G” Redflex Traffic Systems USA Bid Proposal for Automated Traffic Signal Enforcement System 29 AGENDA MEMO (8/22/2006 AGENDA) DATE: August 16, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: City Hall Landscape - Contract Amendment BACKGROUND: A major design feature within the City Hall/Goar Park landscape project is a meandering creek which creates a connection between Goar Park and City Hall/ Turtle Creek. The initial design proposed the use of potable/treated water to fill and maintain water levels in the decorative creek channel. Recent architectural drawings have shown several design concerns with using potable water. Based on the information recently presented by the architect, staff is proposing the utilization of water from Turtle Creek to support the creeks water flow. Benefits to this alternative will include: Cost Savings: $50,000.00 to $60,000.00. ? Minimize tree loss ? Reduce impact to park due to utility construction ? Savings in ongoing/long term maintenance costs ? Improved overall aesthetics of the park site ? Reduction in portable water usage at park site ? RECOMMENDATION: Staff is recommending City Council consider amending the landscape design contract with NJB to provide revised construction drawings incorporating the use of water from Turtle Creek to support the new decorative creek in Goar park. The proposal will include design and construction drawings and will be completed based on an hourly basis not to exceed $2,000.00. A representative of Newman, Jackson, Bieberstein, will be present at the City Council meeting to answer questions. ATTACHMENTS: Letter from NJB Landscape Architects ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Hall/Goar Park Contract Amendment – 8/22/06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Hall/Goar Park Contract Amendment – 8/22/06 AGENDA MEMO (08/22/2006 AGENDA) DATE: August 22, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consideration of an Ordinance approving a detailed site plan for improvements to the existing building situated at 4520 West Lovers Lane. Background/Analysis: Agnich Ventures L. P. is requesting approval of a detailed site plan for improvements to the existing building located at 4520 Lovers Lane. The subject tract is zoned Planned Development District PD-2-R which allows for all uses listed under “GR” General Retail zoning district classification in the comprehensive zoning ordinance. At this point in time the applicant has not identified a specific use for the building. PD-2-R provides that a site plan shall be approved by the Planning and Zoning Commission and the City Council before the issuance of a building permit. The Detailed site plan shows a net of increase of the total floor area by 887 sq. ft. with three on-site parking spaces. Recommendation: Planning and Zoning Commission considered the detailed site plan at its regular meeting on July 17, 2006 and voted unanimously to recommend approval subject to the condition that on-site parking spaces be provided at the rate 1 space per 300 sq. ft. of additional floor space. Attachments: Application and land use statement Detailed site plan City Council Report DATE: August 22, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager RE: PZ -06-012 GENERAL INFORMATION APPLICANT: Agnich Ventures L.P. LOCATION: Site is located on the North East Corner of Lovers Lane and Loma Alto Drive in the City of University Park. REQUEST: Requesting approval of a site plan to expand an existing building located at 4520 West Lovers Lane. The subject tract is situated with in the Planned Development District PD-2-R. EXISTING ZONING: PD-2-R SURROUNDING LAND USE: North- Single Family SF-2 East - General Retail STAFF COMMENTS: Agnich Ventures L.P. submitted an application requesting approval of a site plan to expand an existing building situated at 4520 Lovers Lane. The subject tract is zoned Planned Development District PD-2-R which allows for all uses listed under “GR” General Retail zoning district classification in the comprehensive zoning ordinance. At this point in time the applicant has not identified a specific use for the building. PD-2-R provides that a site plan shall be approved by the Planning and Zoning Commission and the City Council before the issuance of a building permit. 2 Most of the parking spaces in this Planned Development District exist in the public Right-of-ways. The PD ordinance requires that future development shall provide vehicle parking at a minimum of one space per 300 sq. ft. of gross floor area. All parking spaces are subject to the approval of City Council after a recommendation is forwarded by the Planning and Zoning Commission. The PD ordinance further provides that buildings may be constructed to a maximum height of two stories provided that the total area shall not exceed the floor area for which off-street parking is provided. The Detailed site plan provides for a net addition of 887 sq. ft. of floor space to the existing building and three additional on-site parking spaces. ATTACHMENTS: 1. Application , 2. Land use StatementSite Plan and building elevations 3 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND THE APPROVED SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 2-R FOR A PART OF LOT 2, BLOCK C, IDLEWILD NO. 2 ADDITION, COMMONLY KNOWN AS 4520 WEST LOVERS LANE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED; APPROVING A DETAILED SITE PLAN ATTACHED AS EXHIBIT “B”, SUBJECT TO SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map NOW,THEREFORE, should be amended; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map are hereby amended by amending the approved site plan for a portion of Planned Development District No. 2-R (PD-2-R) for a part of Lot 2, Block C, Idlewild No. 2 Addition, an addition to the City of University Park, Dallas County, Texas, being more particularly described in Exhibit “A” attached hereto and made part hereof for all purposes, said property being more commonly known as 4520 West Lovers Lane. SECTION 2 . That the amended detailed site plan for this portion of PD No. 2-R is attached hereto collectively as Exhibit “B”, and is hereby approved as the detailed site plan for said Planned Development District as required by Section 17-101 (2) of the Comprehensive Zoning Ordinance of the City of University Park, Texas, subject to the following special conditions: a.The three (3) 9’ x 20’ on site parking spaces to be provided at the rear of the property, in accordance with the approved detailed site plan will be maintained by the property owner and kept open and available for vehicle parking at all times; and, b.The property shall be developed only in conformance with the requirements of this Planned Development Ordinance and the approved detailed site plan. SECTION 3 . All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. nd DULY PASSED by the City Council of the City of University Park, Texas, on the 22 day of August 2006. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/7/20/06) 2 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND THE APPROVED SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 2-R FOR A PART OF LOT 2, BLOCK C, IDLEWILD NO. 2 ADDITION, COMMONLY KNOWN AS 4520 WEST LOVERS LANE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED; APPROVING A DETAILED SITE PLAN ATTACHED AS EXHIBIT “B”, SUBJECT TO SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. nd DULY PASSED by the City Council of the City of University Park, Texas, on the 22 day of August 2006. APPROVED: ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY 3 AGENDA MEMO (08-22-06 AGENDA) DATE: August 14, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider addendum to contract with HDR Engineering for work on Stormwater Management Plan. Background. HDR Engineering worked with the City to develop its Stormwater Management Plan (SMP) in 2003, as required by the Environmental Protection Agency and the Texas Commission on Environmental Quality. They also assisted in the development of the City’s stormwater utility fund and rate structure, which was authorized by Council in January of 2005. The State is finally (approximately 3 years after the target date) about to promulgate the rules which govern the aforementioned SMP. After meeting with the consultant, staff outlined several tasks that must be accomplished to update and revise the SMP prior to submittal. The original contract scope of work did not include these task. The proposed change amounts to $5,000. Recommendation. Staff recommends approval of the addendum. AGENDA MEMO (08/22/06 AGENDA) DATE: August 16, 2006 TO: Bob Livingston City Manager FROM: Jennifer Shell, P.E. Civil Engineer SUBJECT: 12” Water Line for Northwest Parkway and Hillcrest Road, Project No. 21800 Main Miscellaneous CONSIDER APPROVAL OF BID AND AWARD OF A CONTRACT TO BARSON UTILITIES for the labor and materials furnished for 12” Water Line for Northwest Parkway and Hillcrest Road, Project No. 21800. This project is a part of the Northwest Parkway Screening Wall Project. The water line work in Northwest Parkway is to be completed prior to the construction of the screening wall. The locations to be included in this project are listed below: Northwest Parkway from Airline to Turtle Creek (32-3400 blocks) Hillcrest Road from Northwest Parkway to the Marquette/Colgate Alley (80-8400 blocks) The budgeted account and project numbers are 44-44-4410, Project No. 21800- 2300. 12” WATER LINE FOR NORTHWEST PARKWAY AND HILLCREST ROAD , PROJECT NO. 21800 Barson Utilities........................................................................$778,687.50 SYB Construction....................................................................$914,368.00 North Texas Contracting.........................................................$1,039,750.00 RKM Utility Services...............................................................$1,121,460.00 Bids were taken in the Conference Room at 4420 Worcola, Dallas, Texas 75206 at 2:00 P.M., August 14, 2006. Water Line Bidding\bidtabs_21800.pdf AGENDA MEMO (08-22-06 AGENDA) DATE: August 14, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal from C&P Engineering in the amount of $155,510 to provide engineering and surveying services associated with the design of water and sanitary sewer improvements in the alley generally bounded by in numerous locations. Background. The attached proposal from C&P Engineering, in the amount of $155,510 provides for the engineering and surveying services associated with the design of water and sanitary sewer improvements generally in the following locations: ? Alley in the 4000 block between Hanover and Purdue; ? Alley in the 4100 block between McFarlin and University, between Douglas and Preston; ? Alleys bounded by Preston, Douglas, McFarlin, and Windsor; ? Alley in the 4100 block between Windsor and Stanhope; This work is predicated on the condition of the water and sanitary sewer mains in the subject alleys. Recommendation. Staff recommends City Council approval of the C&P Engineering proposal. CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES PAVEMENT & UTILITY REPLACEMENT ALLEY SOUTH OF HANOVER FROM PRESTON TO TULANE ALLEYS SOUTH OF McFARLIN BETWEEN DOUGLAS & PRESTON ALLEY SOUTH OF WINDSOR FROM DOUGLAS TO PRESTON ALLEY SOUTH OF UNIVERSITY EAST OF WESTCHESTER C & P PROJECT # 06059 THIS AGREEMENT made and entered into on the date last stated below between the , City of University Park, hereinafter called “CITY”, acting by and through Bob Livingston City Manager, duly authorized to act on behalf of the CITY and, C&P Engineering, LTD., hereinafter called “ENGINEER”, acting by and through Michael Cummings, P.E., duly authorized to so act on behalf of the ENGINEER. WHEREAS, the CITY desires PROFESSIONAL engineering/surveying services in the design of pavement and utility replacement in the alley south connection with of Hanover from Preston to Tulane, in the alleys south of McFarlin between Douglas & Preston, in the alley south of Windsor from Douglas to Preston and in the alley south of University east of Westchester for the City of University Park, hereinafter called “the PROJECT”; and WHEREAS, the CITY has determined that the ENGINEER has experience in the area involved in the Project and is qualified to perform the work, and the ENGINEER is willing to enter into a contract with the CITY to perform the engineering services desired by the CITY in connection with the PROJECT. THE CITY AND ENGINEER AGREE AS FOLLOWS: The CITY hereby retains the ENGINEER to perform engineering services in connection with the PROJECT described above. SCOPE OF SERVICES 1. The scope of Engineering/Surveying services to be performed by the ENGINEER shall be as follows: Page 1 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf 1.1 Approach to Project the design of Survey and prepare engineering plans and construction takeoff for paving and utility replacement in the alley south of Hanover from Preston to Tulane, in the alleys south of McFarlin between Douglas & Preston, in the alley south of Windsor from Douglas to Preston and in the alley south of University east of Westchester 1.2 Detailed Scope of Services Preliminary site investigation Design Survey Locate Existing Utilities (Actual physical location where possible by conventional survey methods but on all else the location will be based on existing plans and information furnished by the City and franchise utilities) Assist City with franchise utility coordination. Engineer Plans for paving and utility improvements as discussed. Consideration of retaining walls, fencing and drainage concerns. Preparation of a Quantity Takeoff. Furnish construction controls as required. CITY’S RESPONSIBILITIES 2. So as not to delay the services of ENGINEER, the CITY shall do the following in a timely manner: 2.1 Provide Existing Data City to furnish: Existing engineering plans Property owner information Franchise utility contacts. Existing data delivered to the ENGINEER by the CITY remains the property of the CITY and must be returned to the CITY after completion of the PROJECT. Page 2 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf 2.2 Provide Standards After authorization to proceed, if required by the Scope of Work, provide CITY standard bidding and contract documents which are to be used for public bidding of the PROJECT. The CITY agrees to bear total responsibility for accuracy and content of CITY furnished documents. If required by the Scope of Work, the ENGINEER shall provide all bid item descriptions, item quantities, special provisions, technical specifications, plans and other project specific information that is required for bidding the PROJECT. 2.3 Provide Access Arrange for access to, and make all provisions for, ENGINEER or ENGINEER’S Subconsultants to perform services under this AGREEMENT. 2.4 City Representative CITY shall designate a representative to act as a contact person on behalf of the CITY. 2.5 Franchise Utilities CITY shall assist in the project coordination with the Franchise Utilities. CITY shall furnish the current list of contacts for all Franchise Utilities. Page 3 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf SCHEDULE 3. The ENGINEER’S services shall be performed in a timely manner consistent with sound professional practices. The ENGINEER will complete the work according to the following schedule: Preliminary site investigation 1 Week Design Survey 8 Weeks Engineer Plans for paving and utility improvements 24 Weeks Franchise utility coordination 2 Weeks Preparation of Quantity Takeoff 1 Week Construction Controls Total 36 Weeks The time limits set forth in the schedule does not include allowances for review time by the CITY and/or approval by authorities having jurisdiction over the PROJECT. Any adjustments made to the agreed upon schedule shall be made in writing and acceptable to both parties. The ENGINEER shall begin work within 10 days of receipt of the executed Agreement and written Notice to Proceed. 3.1 Completion of Services ENGINEER’S services under each item of the finalized Scope of Work shall be considered complete on the date when the submissions for that item have been accepted by CITY. 3.2 Changes If the CITY requests significant modifications or changes in the Scope of Services, general scope, extent or character of the PROJECT, the time of performance of ENGINEER’S services, the various rates of compensation and schedule shall be adjusted equitably. Page 4 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf 3.3 Written Authorization for Additional Work Any provision in this Contract notwithstanding, it is specifically understood and agreed that the ENGINEER shall not authorize or undertake any work pursuant to this Contract which would require the payment of any fee, expense or reimbursement in addition to the fees stipulated in Section 4. (Payment for Services) of this Contract, without first having obtained the specific written authority to do so from the CITY. PAYMENT FOR SERVICES 4. 4.1 Terms Terms used in describing the applicable method of payment for services provided by the ENGINEER shall have the meaning indicated below: Basic Engineering Fee: Basic Engineering Fee shall mean those expenses incurred by the ENGINEER in prosecuting the PROJECT Scope of Services. Reimbursable Expenses Reimbursable Expenses shall mean the actual expenses incurred by ENGINEER in the not interest of the PROJECT covered under the Scope of Services, for courier or express mail service and telegrams, reproduction of reports, drawings, specifications, bidding documents, and similar PROJECT-related items in addition to those required under Section I. Additional Services not Additional services covered under the Scope of Services, will be provided to the CITY on an hourly basis plus reimbursable expenses as agreed in writing at the time such services are authorized. Page 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf 4.2 Basis and Amount of Compensation for Basic Services Preliminary site investigation $ ,500.00 Design Survey $ 22,350.00 Engineer Plans for paving and utility improvements $124,160.00 Preparation of Quantity Takeoff $ 2,500.00 Construction Controls $ 3,500.00 Prints, plots, deliveries, mileage $ 2,500.00 TOTAL $155,510.00 $155,510.00. The total amount of the engineering contract is 4.3 Basis and Amount of Compensation for Reimbursable Expenses (See attached fee schedule) 4.4 Basis and Amount of Compensation for Additional Services (See attached schedule of rates) 4.5 Partial Payments for Services Partial fee payments may be applied for at monthly intervals, based upon statements which reflect the percentage of work completed for the various items listed under Scope of Services, Reimbursable Expenses and Additional Services. These statements shall be prepared by the ENGINEER and must be verified and approved by the CITY. 4.6 Delay If ENGINEER’S design services or service during construction of the PROJECT are delayed or suspended in whole or in part by the CITY for more than one year for reasons beyond ENGINEER’S control the various rates of compensation, including Additional Services, provided for elsewhere in this AGREEMENT shall be subject to equitable adjustment. Page 6 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf TERMINATION, SUSPENSIONS OR ABANDONMENT 5. 5.1 Termination The CITY or the ENGINEER may terminate this AGREEMENT for reasons identified elsewhere in this AGREEMENT. In the event such termination becomes necessary, the party effecting termination shall so notify the other party, and termination will become effective thirty (30) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefor, the CITY shall within thirty (30) calendar days of termination remunerate ENGINEER for services rendered and costs incurred, in accordance with the ENGINEER’S prevailing fee schedule and expense reimbursement policy. Services shall include those rendered up to the time of termination. All plans, field survey, and other data related to the PROJECT shall become the property of CITY upon termination of the AGREEMENT and shall be promptly delivered to the CITY in a reasonably organized form. Should CITY subsequently contract with a new Engineer for continuation of services on the PROJECT, ENGINEER shall cooperate in providing information. No amount shall be due for lost or anticipated profits. 5.2 Suspension If the Project is suspended by the CITY for more than 30 consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the ENGINEER’S compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the ENGINEER’S services. 5.3 Abandonment This Agreement may be terminated by the City upon not less than seven (7) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the Project is abandoned by the CITY for more than ninety (90) consecutive days, the ENGINEER or the CITY may terminate this Agreement by giving written notice. 5.4 Failure to Pay Failure of the CITY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. If the CITY fails to make payment to ENGINEER within thirty (30) days of a statement for services properly performed, the ENGINEER may, upon fourteen (14) days written notice to the CITY, suspend performance of services under this Agreement. Unless ENGINEER receives payment in full within fourteen (14) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of Page 7 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf services under this section, the ENGINEER shall have no liability to the CITY for delay or damage caused the CITY because of such suspension of services. GENERAL CONSIDERATIONS 6. 6.1 Professional Standards Services performed by the ENGINEER under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. The ENGINEER shall comply with the applicable laws and rules of the current “Texas Engineering Practice Act”, the “Professional Land Surveying Practices Act” and the “Texas Board of Professional Land Surveying General Rules of Procedures and Practices”. The CITY’S approval, acceptance, use of or payment for all or any part of the ENGINEER’S services herein under or of the project itself shall in no way alter the ENGINEER’S obligations of the CITY’S rights thereunder. 6.2 Progress and Performance The provisions of this Contract and the compensation to ENGINEER have been agreed to in anticipation of continuous and orderly progress through the completion of the ENGINEER’S services. Time for performance shall be extended to the extent necessary for delays due to circumstances over which the ENGINEER has no control. If the ENGINEER’S services are suspended or delayed the times of performance shall be extended to the extent of such delay or suspension. A delay or suspension shall not terminate this agreement unless ENGINEER elects to terminate in accordance with the provisions of Section V of this Contract. If a delay or suspension extends for a period of greater than one year for reasons beyond the control of the ENGINEER, the fees and rates of compensation set forth in Section IV shall be subject to re-negotiating. 6.3 City Control It is understood and agreed that the CITY shall have complete control of the services to be rendered, and that no work shall be done under this Contract until the ENGINEER is instructed to proceed with the work. 6.4 Independent Agent ENGINEER and CITY agreed that ENGINEER and any officer, employee or agent of ENGINEER, in the performance of this Contract shall act in an independent capacity and not as an officer, agent or employee of the CITY. Page 8 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf 6.5 Compliance with Laws ENGINEER shall comply with all Federal, State, and local laws and ordinances in the execution of all work in connection with this PROJECT. 6.6 No Additional Work Without Authorization Any provision in the contract notwithstanding, it is specifically understood and agreed that the ENGINEER shall not authorize or undertake any work pursuant to this contract, which would require the payment of any fee, expense or reimbursement in addition to the fee stipulated in Article 4 of this Contract, without having first obtained specific written authority therefore from the CITY. 6.7 Assignment & Subcontracting This contract shall not be assigned or subcontracted in whole or part without the written consent of the CITY. 6.8 Indemnification ENGINEER, its officers, agents and employees agree to indemnify, hold harmless, and defend the CITY, at ENGINEER’S cost, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind of character, arising out of or in connection with the performance by the ENGINEER of those services contemplated by the Agreement, based upon negligent acts or omissions of ENGINEER, its officers, agents, employees, consultants and subcontractors, whether or not caused solely by the ENGINEER, its officers, agents, employees, consultants or subcontractors or jointly with any other party. 6.9 Insurance ENGINEER shall secure and maintain insurance that will protect him from claims under the Worker’s Compensation Act (statutory amounts). ENGINEER shall secure and maintain Commercial General Liability Insurance that will protect him from claims for bodily injury, death or property damage which may arise written on an from the performance of his services under this CONTRACT, occurrence basis, in the following amounts: For engineering design contracts in the amount of $10,000.00 or less, insurance in an amount not less than $1,000,000.00 per occurrence and $1,000,000.00 per annual aggregate for bodily injury or death and property damage. ENGINEER shall maintain Comprehensive Automobile Liability Insurance covering all owned, non-owned, and hired vehicles with combined single limit coverage of $500,000 for bodily injury, death or property damage, written on an occurrence basis. Page 9 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf For engineering design contracts for more than $10,000.00, insurance in an amount not less than $1,000,00 per occurrence and $2,000,000 annual aggregate for bodily injury or death and property damage. ENGINEER shall maintain Comprehensive Automobile Liability Insurance covering all owned, non- owned, and hired vehicles with combined single limit coverage of $1,000,000 for bodily injury, death or property damage. ENGINEER shall maintain, at no expense to CITY, a professional liability (errors and omissions) insurance policy placed with a company rated at least A-/VII by Best’s Key Rating Guide, authorized to do business in Texas. This coverage must be maintained for at least two (2) years after the PROJECT is completed. Coverage must be written on an occurrence basis. However, at its sole discretion, the CITY may accept coverage written on a claims-made basis if the policy provides for a retroactive date equivalent to the inception date of the CONTRACT or earlier, maintained during the full term of the CONTRACT. The minimum limits of coverage shall be in the following amounts: For engineering design contracts in the amount of $50,000 or less, insurance in an amount not less than five hundred thousand dollars ($500,000). For engineering design contracts over $50,000, insurance in an amount not less than one million dollars ($1,000,000). All policies, except Worker’s Compensation and Professional Liability, shall name the CITY as additional insured. All policies shall contain a waiver of subrogation in favor of the City and shall require the giving of written notice to CITY at least thirty (30) days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. ENGINEER shall furnish CITY with copies of said policies or certificates evidencing such coverage. 6.10 Property All documents, including drawings, field notes, surveys, tracings, calculations, computer input and output, digital or computer files, etc., prepared by the ENGINEER pursuant to this contract shall become the property of the CITY. The ENGINEER may retain copies of all documents. Any reuse of the documents shall conform to The Texas Engineering Practice Act. 6.11 Governing Law This CONTRACT has been made under and shall be governed by the laws of the State of Texas. The parties agree that the performance and all matters related thereto shall be in Dallas County, Texas. Page 10 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf DOCUMENT EXECUTION 7. IN WITNESS WHEREOF, the parties have executed this Agreement the ________ day of August, 2006. CITY OF UNIVERSITY PARK By: _________________________________ Bob Livingston, City Manager Attest: __________________________________ Nina Wilson, City Secretary Approved as to Form: By: __________________________________ Robert L. Dillard III, City Attorney ENGINEER _________________________________ By: C&P Engineering, LTD. Michael Cummings, P.E. Vice President Attest: _________________________________ Secretary of the (ENGINEER’S) Corporation If ENGINEER’S firm is a corporation, affix corporate seal. Page 11 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf SCHEDULE OF FEES Engineering/Surveying C & P Engineering, LTD. July 1, 2006 SCHEDULE OF FEES SCHEDULE OF FEES Rates per Hour REIMBURSABLES Senior Project Engineer $115.00 Plotting: Project Engineer $105.00 Engineer I $90.00 Translucent Bond Engineer II $85.00 24" x 36" Black & White $4.00 Engineer III $80.00 24" x 36" Color $15.00 11" x 17" Bond $1.00 Construction Field Manager $65.00 Vellum: 24" x 36" Black & White $8.00 24" x 36" Color $17.00 Presentation Paper: Direct Cost Plus 15% Registered Professional Land Surveyor $90.00 2-Man Survey Crew $110.00 In-House Printing: GPS 2 - Man Crew $135.00 Party Chief $60.00 24" x 36" Blacklines $2.00 (Field Surveying/Office Research) 24" x 36" 0.003 Mylar $10.00 Vellum $4.00 8 1/2" x 11 Photocopy $0.20 11" x 17" Photocopy $0.50 Civil/Survey Technician I $75.00 Civil/Survey Technician II $70.00 In-House Scanning: $1 per Square Foot Civil/Survey Technician $65.00 Cad Technician $55.00 Creating PDF FILE $2.00 Per Sheet Burn CD $25.00 Deliveries and Special Printing: Direct Cost Plus 15% Clerical/Administration $50.00 Long Distance Telephone Direct Cost Plus 15% Travel Time ( Auto).50 per mile Page 12 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf Air Travel Direct Reimbursement Page 13 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\MPY06-07 CP Engineering 08 22 06.rtf AGENDA MEMO (08-22-06 AGENDA) DATE: August 18, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider award of bids for City Hall renovation and reconstruction. Background. The attached bids are the result of years of collaborative effort by City Councils, citizen advisory committees, staff, consultants, and the community. The proposed project generally includes construction of a major addition to City Hall (almost doubling the existing square footage) and total renovation of the existing facility. City Council approved a contract with Gallagher Construction Services approximately six years ago to work with staff and the architect to develop plans and specifications for the project. They will serve as the “in-house” City’s construction manager-agent for the construction administration. The construction manager (CM) approach differs from the traditional approach to receiving bids. Typically, bids were received from general contractors to perform the work. In the CM approach, the City receives separate bids for each of the major components of the project. To that end, bids were received 08.08.06 for multiple packages (masonry, steel, roofing, and etc.). The CM reviewed the bids and interviewed trade contractors. He presented his recommendations to staff and the Council-appointed City Hall Oversight Committee yesterday. After considerable discussion, the committee unanimously affirmed those recommendations. The attached letter from Gallagher Construction Services details the twenty-three contractors and three professional services companies to which we are asking the Council to award contracts. The CM had questions regarding bids received for “windows” (metal-clad windows and doors), and a recommendations will be presented at the next Council meeting regarding award of that contract. Additionally, the bids for horizontal Louvers and blinds were NOT in accordance with expectations and will be re-evaluated. Additionally, we found that identification signs were duplicated in another bid. Bids for audio-visual equipment, data cabling, security system equipment, and Goar Park improvements will be solicited in the next several months. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM CITY HALL BID AWARD 08 22 06.doc 11:47 AM 08/18/06 Discussion. Staff requests City Council to take the following actions regarding the City Hall project: ? Award contracts to the twenty-three companies detailed in Gallagher’s letter; ? Award masonry contract to second bidder. Low bidder had an error in his bid; ? Award contracts to three professional service companies detailed in Gallagher’s letter; ? Reject bid packages BP 12-D, Horizontal Blinds & Louvers, and BP 10-G, Identification Devices; ? Make all awards contingent to further negotiations with Gallagher and receipt of required bonds and insurance; 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM CITY HALL BID AWARD 08 22 06.doc 11:47 AM 08/18/06 University Park City Hall Additions and Renovations - 2006 PROJECT TOTAL SHEET BP#SCOPECONTRACTORBASE BID Construction Waste RemovalBy City30,000$ BP 01-BFinal Building CleaningTRI STAR CLEANING7,500$ BP 02-ETermite ControlPRIME PEST1,585$ BP 02-FencingNCHOR GROUP24,780$ KA BP 02-ODemolitionMART INC195,000$ BP 03-Building ConcreteNORTH TEXAS CONTRACTING852,900$ A BP 03-BConcrete Staining, Sealing and PaintingNORTH TEXAS BOMANITE33,485$ BP 04-MasonryLONESTAR INDUSTRIES535,000$ A BP 05-Structural Steel and ErectionMMW FABRICATION604,475$ A BP 06-MillworkLUNDY SERVICES238,379$ A BP 07-Roofing and Sheet MetalROOF MANAGEMENT SERVICES642,726$ A BP 08-Frames, Doors and HardwarePIPER WEATHERFORD401,600$ A BP 08-BGlass and GlazingGARLAND GLASS161,200$ BP 08-COverhead Coiling Doors & GrillesOVERHEAD DOOR CO OF DALLAS40,534$ BP 09-Drywall and AcousticalTRUE GRID714,000$ A BP 09-BCeramic Tile and Floor CoveringsSCHINDLER ENTERPRISE251,972$ BP 09-EPainting and Wall CoveringD&P PAINTING AND CONSTRUCTION119,280$ BP 10-Building SpecialtiesTEXAS CHALKBOARD23,982$ A BP 10-DMetal LockersDIVERSIFIED INTERESTS17,026$ BP 10-ccess FlooringCOMPUTER ENVIRONMENTS10,790$ KA BP 12-DHorizontal Louver BlindsEstimate20,000$ BP 14-Elevator(s)THYSSEN-KRUPP ELEVATO$73,900 AR BP 15-Mechanical: Plumbing & HVACSKI-HI ENTERPRISES1,132,000$ A BP 15-DFire Sprinkler SystemFIRETROL171,500$ BP 16-ElectricalGROVES ELECTRIC1,157,340$ A RFP-001luminum Clad Wood Windows & DoorsEstimate325,000$ A HVAC Test & BalanceIR BALANCING COMPAN$18,000 AY Erosion Control / SWPPPZTEC ENVIRONMENTAL12,000$ A Construction Materials TestingRONE ENGINEERS20,000$ Close-Out Documentation Scanning FeeEstimate10,000$ Temporary Power and Water ConsumptionEstimate20,000$ Builders' RiskEstimate15,000$ Construction ManagerGCS520,000$ CONSTRUCTION COSTS TOTAL$8,400,954 DESIGN FEES AND REIMBURSABLES rchitectural/Structural/MEPDesign FeesLeo A. Daly781,500$ A rchitect's ReimbursablesLeo A. Daly30,000$ A Civil Engineering Design Fees/Platting/Staking/SurveyingR.L. Goodson Engineering248,646$ Interior Design Feesnderson Furniture Studio25,000$ A Landscape Design FeesNewman, Jackson & Bieberstein55,500$ /V Design Feeslteranative Presentation Services11,800$ AA sbestos Abatement and Consulting FeesEstimate150,000$ A Printing CostsEstimate35,000$ TAS ReviewsEstimate10,000$ T-Mobile and Sprint/Nextel Reimbursement(66,500)$ DESIGN FEES AND REIMBURSABLES TOTAL$1,280,946 Page 1 of 28/16/2006 University Park City Hall Additions and Renovations - 2006 PROJECT TOTAL SHEET BP#SCOPECONTRACTORBASE BID F,F & E / OWNER'S DIRECT COSTS Furnishings, Fixtures & Equipment (Including Carpet Tiles)1,000,000$ Box Culvert Construction Costs$3,700,000 Construction Materials Testing/Geotechnical Engineering (Box Culvert)35,000$ Mechanical Equipment/Energy Management System CostsEstimate400,000$ Regulatory PermitsBy City F,F & E TOTAL$5,135,000 MISCELLANEOUS CONTINGENCIES / ALLOWANCES Electric Company ChargesEstimate200,000$ Courtroom Finish-Out Allowance$80,000 Goar Park/City Hall Landscape Enhancements Allowance1,000,000$ Graphics and Signage Allowance$30,000 Data Cabling and Technology Allowance150,000$ /V Systems Allowance$270,000 A Security Systems Allowance$210,000 Fiber Optics Allowance$25,000 Telephone Relocation Allowance$75,000 Dispatch Center - Alarm Equipment Allowance105,000$ Dispatch Center - Dispatch Computers Allowance70,000$ Distpatch Center - Radio Equipment Allowance188,000$ Dispatch Center - 911 Equipment Allowance83,000$ Water Vapor Emissions Control System Allowance50,000$ Evidence Lockers/Weapons Locker Allowance25,000$ Temporary Power Contingency$50,000 Temporary Communications Contingency30,000$ Owner's Contingency$420,048 Construction Contingency $840,095 MISCELLANEOUS CONTINGENCIES TOTAL$3,901,143 $18,718,043 GRAND TOTAL Page 2 of 28/16/2006 University Park City Hall 8/8/06 2:00 PM Additions and Renovations -2006 BID TABULATION B1234 BP 01-BFinal Building CleaningBASE BID TRI STA R x$7,500 PURE CONSTRUCTION CONCEPTS xxxx$23,136 GOLDMAR K SERVICE MASTER TORRES B1234 BP 02-ETermite ControlBASE BID PRIME PEST $1,585 FINLE 1595 $, Y DVANTAGE PEST xxxx 3374 $, A LADY BUGG B1234 BP 02-KFencingBASE BID NCHOR GROUP xxxx 24780 $, A CONSTRUCTION RENT-A-FENCE BER FENCE A RICHARDSON BROS. TRP CONSTRUCTION SERVICES B1234 BP 02-ODemolitionBASE BID MART INC xxxxx 195000 $, TASCO xxxx NO BID SECURIT Y CME US CONSTRUCTION xxxx NO BID SECURIT AY INTERCON ENVIRONMENTAL JERICO SERVICES B1234 BP 03-ABuilding ConcreteBASE BID NORTH TEXAS CONTRACTING xxxxx 852900 $, SIZELOVE CONSTRUCTION HUGHS & SONS PAVECON STRILAND CONSTRUCTION CATES, COURTNEY & ROEBUCK BP 03-BConcrete Staining, Sealing and PaintingB1234BASE BID NORTH TEXAS BOMANITE xxxxx 33485 $, LONESTAR STAINED CONCRETE PAUL M. WOLFF CO. USA FLOOR-TEC B1234 BP 04-AMasonryBASE BID LONESTAR INDUSTRIES xxxxx 535000 $, GAY & SONS xxxxx$756,531 DEE BROWN MASONRY xxxxx$915,870 SKINNER MASONRY xxxxx$1,381,000 DMG MASONRY (WITHDREW BID) xxxxx 368889 $, J&E MASONRY WILKS MASONR Y C&D MASONRY MUSTANG MASONR Y 1 of 4 University Park City Hall 8/8/06 2:00 PM Additions and Renovations -2006 BID TABULATION B1234 BP 05-AStructural Steel & ErectionBASE BID MMW FABRICATION xxxxx 604475 $, PLYLER STEEL xxxxx 632641 $, LPHA INDUSTRIES xxxxx$1,000,000 A LAMO STEEL A B1234 BP 06-AMillworkBASE BID LUNDY SERVICES xxxxx 238379 $, MEDCO CONSTRUCTION xxxxx 373443 $, FACILITY CONSTRUCTION SERVICES xxxxx$404,505 TDR MILLWORK B1234 BP 07-ARoofing and SheetmetalBASE BID ROOF MANAGEMENT SERVICES xxxxx$642,726 CREATIVE ROOFING xxxxx$896,300 FIVE STAR ROOFING NO BID SECURIT Y NCHOR ROOFING A LON SMITH ROOFING NATIONWIDE ROOFING & SHEET METAL SEYFORTH ROOFING SOUTHWEST ROOFING B1234 BP 08-AFrames, Doors and HardwareBASE BID PIPER WEATHERFORD xxxxx 401600 $, UNIVERSITY BUILDING SPECIALTIES WOODARD BUILDING SUPPL Y B1234 BP 08-BGlass & GlazingBASE BID GARLAND GLASS xxxxx$161,200 JENNINGS GLASS xxxxx 263907 $, B1234 BP 08-COverhead Coiling Doors & GrillesBASE BID OVERHEAD DOOR OF DALLAS x$40,534 OVERHEAD DOOR OF FORT WORTH BC DOOR A B1234 BP 09-ADrywall and AcousticalBASE BID TRUE GRID xxxxx 714000 $, DRYWALL INTERIORS LRL MORRIS DRYWALL RICE DRYWALL B1234 BP 09-BCeramic Tile & Floor CoveringsBASE BID SCHINDLER ENTERPRISE xxxxx$251,972 TRINITY FLOORS xxxxx$338,618 SPECTRA ONE SOURCE COMMERCIAL FLOORING SELECT FLOORING 2 of 4 University Park City Hall 8/8/06 2:00 PM Additions and Renovations -2006 BID TABULATION B1234 BP 09-EPainting and Wall CoveringBASE BID D & P PAINTING AND CONSTRUCTION xxxx 119280 $, CARRCO PAINTING xxxxx 126000 $, M. DANNY HARRISON xxxxx 141655 $, SHAHAN & SON xxxxx 153700 $, SMITH'S PAINTING xxxxx 167750 $, BURNS AND PARKS PAINTING xxxxx 190200 $, B1234 BP 10-ABuilding SpecialtiesBASE BID TEXAS CHALKBOARD 23982 $, xxxx NEWLINE PRODUCTS 24999 $, xxxx UNIVERSITY BUILDING SPECIALTIES B1234 BP 10-DMetal Lockers BASE BID DIVERSIFIED INTERESTS xxx$17,026 STORAGE EQUIPMENT NO BID SECURIT Y PENCO B1234 BP 10-GIdentification DevicesBASE BID DESIGN CENTER SIGNS xxx 10320 $, CCSW (INCOMPLETE) 5698 $, SIINCOMPLETE9776 A()$, SIGN OF QUALIT AY BENCHMARK SIGNS CASTEEL & ASSOCIATES B1234 BP 10-KAccess FlooringBASE BID COMPUTER ENVIRONMENTS xxxx$10,103 R.E. MONTYCO INC 13553 $, HUDSON BUILDING SYSTEMS xxxx$13,875 EVANS INTERIORS xxxx$17,570 PRESTIGE INTERIORS xxxx 20682 $, LLIED INTERIORS A B1234 BP 12-DHorizontal Louver BlindsBASE BID xxxx TEXAS BLIND7400 $, xxxx MAX7800 $, RLINGTON10600 A$, BORIAK CAPITOL BLIND AND DRAPERY CONTRACT DCOR É KITES B1234 BP 14-AElevator(s)BASE BID THYSSENKRUPP ELEVATOR xxx 73900 $, OTIS ELEVATOR COMPANY SCHINDLER ELEVATOR 3 of 4 University Park City Hall 8/8/06 2:00 PM Additions and Renovations -2006 BID TABULATION B1234 BP 15-AMechanical: Plumbing & HVACBASE BID SKI-HI ENTERPRISES xxxxx 1132000 $,, UNITED MECHANICA xxxxx 1142030 $,, L TMAC MECHANICAL xxxxx 1239300 A$,, TINDALL MECHANICA xxxxx 1295000 $,, L DECKER MECHANICAL POLK MECHANICAL B1234 BP 15-DFire Sprinkler SystemBASE BID FIRETROL xxxx 171500 $, MUTUAL SPRINKLERS xxxxx 177988 $, SERVICE FIRE & INDUSTRIAL xxxxx 228000 $, SECURITY FIRE SYSTEMS B1234 BP 16-AElectricalBASE BID GROVES ELECTRIC xxxxx$1,157,340 LELAND COLLIER ELECTRIC xxxxx$1,274,000 BOGGS ELECTRIC xxxxx$1,598,188 BLE ELECTRIC SERVICE A B1234 RFP-001Wood WindowsBASE BID PELLA WINDOWS xxxxx$199,808 MARVIN WINDOWS xxxxx$321,810 4 of 4