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HomeMy WebLinkAboutAgenda 10-07-03 Topics.docA G E N D A #2319 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 7, 2003 AT 5:00 P.M. 3:00 P.M. EXECUTIVE SESSION UNDER SECTION 551.071 OF THE TEXAS GOVERNMENT CODE FOR A CONSULTATION WITH THE CI TY ATTORNEY TO RECEIVE LEGAL ADVICE REGARDING LITIGATION 4:00 P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION – Mayor Pro Tempore Dick Davis II. INTRODUCTION OF STAFF – City Manager Bob Livingston III. AWARDS AND REQUESTS FROM CITIZENS A. PRESENTATION: 1 6X20 oil on canvas painting of City Hall and Firehouse to be presented to City by Artist Audrey Varner B. AWARD: Purchasing Agent Christine Green will receive an award from The National Purchasing Institute, Inc. for Excellence in Procurement for 2003 – Austi n Tab I C. DEPARTMENT PINS: Linda Williams, Court Administrator, 25 - year pin; Kevin Oates, Maintenance Technician, Utilities Department, 10 - year pin; Dave Rogers, Traffic Supervisor, 10 - year pin – Livingston IV. ITEMS FROM THE FLOOR A. REQUEST: To place private ut ilities in City right - of - way – Livingston Tab II 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 tha t item is addressed by the City Council. V. CONSENT AGENDA A. CONSIDER: Bid to resurface tennis courts at Williams, Curtis and Caruth Parks – Thom Hanford Tab III B. CONSIDER: Contract for Health Services FY2004 with Dallas County Health & Human Services Dep artment – Wilson Tab IV C. CONSIDER: Approval of City Council Meeting Minutes for September 17, 2003 – Wilson Tab V VI. MAIN AGENDA A. CONSIDER: Amendment to Agreement with Gallagher Construction Management for Services regarding City Hall construction – Livings ton Tab VI B. CONSIDER: Extension of contract with Dallas County Park Cities Municipal Utility District – Livingston Tab VII C. CONSIDER: Renewal of annual Interlocal Agreement with Dallas County to coordinate a Countywide Household Hazardous Waste Disposal Pro gram FY03 - 04 – Smallwood Tab VIII D. CONSIDER: Change Order with REBCON, Inc. to allow reconstruction of Dyer from Boedeker to North Central Expressway – Smallwood Tab IX As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be c onvened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. VII. INFORMATION AGENDA Tab X REPORTS, BOARD AND COMMITTEE MEETING MINUTES A. BOARD OF ADJUSTME NT B. EMPLOYEE BENFITS ADVISORY COMMITTEE C. FINANCE ADVISORY COMMITTEE D. PARK ADVISORY COMMITTEE E. PLANNING & ZONING COMMISSION F. PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G. PUBLIC SAFETY ADVISORY COMMITTEE H. PUBLIC WORKS ADVISORY COMMITTEE I. URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE J. ZONING ORDINANCE ADVISORY COMMITTEE K. CAPITAL PROJECTS REVIEW COMMITTEE L. CAPITAL PROJECTS UPDATE for Week of October 1, 2003 :o, :oo National Purchasing Institute, Inc. Bob Livingston City Manager City of University Park 3800 University Blvd. University Park, TX 75205 Achievement of Excellence in Procurement® PO. Box 530669 Henderson, NV 89053-0669 Tel: (702) 260-7114 Fax: (702) 260-7052 www. nationalpurchasinginstitute.org Subject: Achievement of Excellence in Procurement Award Dear Mr. Livingston: In 1995, the National Purchasing Institute (NPI) established a program designed to recognize the achievement of organizational excellence in public procurement. The award is achieved by those organizations that demonstrate excellence in procurement by obtaining a high score on a rating of standardized criteria. The program is designed to measure innovation, professionalism, procurement, productivity, and leadership attributes of the procurement function. In addition to NPI, the Achievement of Excellence in Procurement is sponsored by the California Association of Public Purchasing Officers (CAPPO), Florida Association of Public Purchasing Officers (FAPPO), and the Institute for Supply Management (ISM). It is my pleasure to notify you that the Procurement Department for the City of University Park has eamed the Achievement of Excellence in Procurement Award for 2003. Moreover, City of University Park is one of only 48 to receive this national award at least three times. City of University Park will be recognized, and the Achievement of Excellence in Procurement award will be presented at the National Purchasing Institute's 35th Annual Conference in Austin, Texas on October 20, 2003. Congratulations on the Achievement of Excellence in Procurement Award. Sincerely, Wayne A. Casper, C.P.M. Director of Procurement City of Tucson **and** Chairperson Achievement of Excellence in Procurement Award Committee c: Christine Green, C.P.M., A.P.P., Purchasing Agent Achievement of Excellence in Procurement Award Committee ISM institute for supply management Certified Purchasing Manager, The Competitive Edge MEMORANDUM DATE: October 2, 2003 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston, City Manager SUBJECT: Request to Place Private Utilities in the City Right - of - Way th At the September 17 City Council Meeting we discuss ed Mr. Prichard’s request to place underground electrical conduit from the opposite side of the alley to his property. At the conclusion of the discussion, the Council indicated they wished to continue the policy, which does not allow these crossings. th Mr . Prichard was unable to attend the meeting. He is available for the October 7 meeting and would like to address the Council. I have attached a copy of both Mr. Smallwood’s staff report and Mr. Prichard’s letter as background. If you have questions, please let me know. Cc: Public Works Director 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ PRICHARD100203.doc 9 : 10 AM 10 / 02 AGENDA MEMO (09-17-03 AGENDA) DATE: TO: FROM: SUBJECT: September 11, 2003 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Discussion of private utilities on public rights-of-way. Background. You are in receipt of a letter from Lev Prichard requesting that the City allow him to bury his aerial utilities (electric, cable TV, and telephone) across the alley right-of-way to his property. In a recent phone conversation, I informed Mr. Prichard that the City's policy for the public utilities is to provide aerial service for each customer to their home and/or accessory structure or to a pole on private property, from which the service can be buried to the structure. I explained that due to the condition of the City's infrastructure, staff is required to make emergency repairs (many times at night), without time to call for utility locates. We do not want the liability of someone being seriously injured by coming into contact with unmarked electrical service lines. Additionally, the alley rights-of-way are very narrow, with barely enough room for the public utilities. I informed Mr. Prichard that a few residential services were allowed to be undergrounded several years ago, however, after further evaluation, staff changed the policy to only permit aerial services on the City's right-of-way. Discussion. Staff recommends City Council support of the existing policy to require private utility services to be aerial only to the property line. Lev Prichard 3317 Amherst University Park, TX. 75225 Mr. Bob Livingston City Manager University Park City of University Park 3800 University Blvd. University Park, TX. 75205 Dear Mr. Livingston, Per our earlier phone discussions, I am writing this request to petition the city council on the subject of routing power utility lines under the alley to new construction. I plan to build a new home at 3612 Bryn Mawr which has the power utility poles on the opposite side of the alley as the new construction. I consider the current method of hanging a mid- drop line across the alley to the house unsafe for a variety of reasons. It would cross a basketball goal and driveway presenting an overhead obstacle to children playing. It also presents a problem to trees that grow near the lines. Additionally, this method is just not aesthetically pleasing. I have discussed this problem with Public Works Director, Bud Smallwood. He states that it is his policy not to place lines underground across the alley, but instead to place another telephone pole on my property, route the line to that pole, and then run the lines underground. While this solution does get the line across the alley and then underground, it would also present another obstacle close to my driveway. Additionally, it would be rather unsightly to my yard as well as my neighbors. It also presents an overhead obstacle problem for vehicles and trees. I really think the City of University Park should be working to reduce overhead utility pole lines, not increase them. My builder, Brad Ellerman, states there is precedence for running the lines under the alley. The city approved this method of construction at 3424 Marquette on an earlier project he built. I am told the city requires us to tear up a portion of the alley and rebuild it anyway in the normal course of construction. Mr. Smallwood states his concern is that city crews might accidentally hit the line digging in the alley on another project. This is a valid concern, which I think could be addressed quite easily during construction. We can clearly mark the lines crossing the alley by stamped warnings in the concrete, score marks, painted stripe, or even use reflectors. It also seems reasonable that the city could keep a record of its location as I am sure it does of other underground locations. With the location properly marked, I would think it impossible for work crews to accidentally dig where the line is located. Additionally, it would be easy to dig around the line for any future purpose because it would run a straight line across the alley under a clearly marked location. Finally, I am asking the city council to decide on what future construction brings to University Park. We may not be able to locate all utility lines underground like most new subdivisions, but we could certainly reduce some of the overhead power-line clutter in the city. Thank you for this consideration. Please let me know when I should meet with the city council on this issue and I will arrange for myself or a representative to be there. My phone number is 214-739-2912. Sincerely, Lev Prichard AGENDA MEMO (10/7/03 AGENDA) DATE: October 1, 2003 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Bid #03 - 10, Tennis Court Resurfacing Bid #03 - 10 for tennis court resurfacing at three locations was opened September 12, 2003. This bid was posted on RFP Depot: 366 vendors received e - mail or fax notice about the bid; 24 vendors viewed the bid. Four vendors returned bids. Patriot Court Systems, Inc. submitted the low bid of $15,450.00 for the resurfacing of courts at Williams, Curtis, and Caruth Parks. RECOMMENDATION: Staff recommends accepting the low bid of Patriot Court Systems, Inc. A bid tab is attached. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPH ONE (214) 363 - 1644 BID #03-10, RESURFACE THREE SETS OF TENNIS COURTS - TABULATION OPENED 10:00 A.M., 9/12/03 VENDOR TOTAL BID 1. Patriot Court Systems, Inc. $ 15,450.00 Attn: Benjamin A. Brooks 6926 Penny Court Houston, TX 77069 2. Edwards McDonald Company $ 17,700.00 Attn: Robert E. Eggebrecht 2728 S. Hillbrier Plano, TX 75075 3. Western Tennis Contractors $ 18,000.00 Attn: Richard M. Theimer P.O. Box 831891 Richardson, TX 75083 4. CastroLaguna Commercial Painting $ 45,000.00 Attn: Marcilne A. Ellison 18684 County Rd. 656 Farmersville, TX 75442 RFP DEPOT STATISTICS: 366 vendors received notice of the bid 24 vendors viewed the bid AGENDA MEMO (10/07/03 AGENDA) DATE: September 23, 2003 TO: Honorable Mayor and City Council FROM: Nina Wilson City Secretary SUBJECT: CONTRACT FOR HEALTH SERVICES FY ’04 FROM DALLAS COUNTY HEALTH & HUMAN SERVICES DEPARTMENT ITEM: Each ye ar we receive a renewal for the above - mentioned contract. The City agrees to pay the County the sum of $48.00 for the fiscal year October 1, 2003 through September 30, 2004, which is the agreed upon City’s share of the total cost less federal and state fun ding. Health services include tuberculosis control, sexually transmitted disease control, communicable disease control,and laboratory services. RECOMMENDATION: Staff recommends approval of this contract. ATTACHMENTS: Contract with Exhibits A - D. 38 00 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 U: \ Docs \ Dallas County Health \ Health Services Contract Memo.doc 2 : 43 PM 10 / 02 MINUTES #2318 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, SEPTEMBER 17, 2003 AT 7:30 A.M. Mayor Harold Peek opened the meeting. Present were Mayor Pro Tempore Dick Davis and Councilmembers Jim R oberts, Harry Shawver and Blackie Holmes. Also in attendance were City Manager Bob Livingston, and City Secretary Nina Wilson. City Attorney Rob Dillard was absent and excused. Councilmember Holmes moved acceptance of the Consent Agenda. Mayor Pro Tem D avis seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER ORDINANCE FOR BUDGET AMENDMENT INCREASING GENERAL FUND REVENUE AND POLICE DEPARTMENT EXPENDITURE BUDGET: The purpose of the amendment is to record the receipt of a $40,000 anonymous donation, authorizing it for Police Department equipment, and amending the FY2003 (current year) budget. ORDINANCE NO. 03/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2002 - 2003 FISCAL YEAR BUDGET, ORDINANCE NO. 02/18, TO APPROPRIATE $40,000.00 TO THE FISCAL YEAR 2003 GENERAL FUND POLICE DEPARTMENT BUDGET AND THE SAME AMOUNT TO GENERAL FUND OTHER REVENUE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER IBM AS/400 iSERIES COMPUTER UPGRADE FOR PUBLIC SAFETY: In July 199 9, the City began a computer system migration for Police, Fire and Computer - Aided Dispatch to the HTE suite of software. The conversion was completed on December 12, 1999. The City added mobile data computers to the squad cars and fire vehicles in Septemb er of 2001, and the ability for police officers to complete crime reports from the field in September of 2002, allowing officers more time on the streets. The primary computing platform supporting these operations is an IBM AS/400 iSeries Model 720. The s ystem is now four years old and, besides the age of the system, there were several other reasons for a Model 810 upgrade to be considered. For instance, the Police and Fire Departments are both planning to install new applications from HTE to provide supp ort for mug shots and evidence, property room bar - coding, mobile computing and mapping for cellular 911. These applications will require additional computer capacity. Also, the Model 810 system will contain hot - swap disk drives, which will allow the syste m to continue processing information even if a physical disk drive fails. This feature will insure system availability for the City’s most critical applications. The additional system capacity will provide the necessary file growth and enhanced processing speed required to support the City for the next three - to - five years. The contract is with MMI Internetworking for $69,464. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For September 2, 2003. MAIN AGENDA CONSIDER REQUEST FOR CITY TO ABANDON CERTAI N UTILITY EASEMENT AT 3309 COLGATE: Mr. Robert W. Teeter requested the City abandon part of the storm sewer easement that runs along the east side of his property from Colgate south to the alley. The storm sewer is no longer in service, and the City has no future use of the easement. Mayor Pro Tem Davis moved approval of the request. Councilmember Roberts seconded, and the vote was unanimous to approve the abandonment of part of the storm sewer easement that runs along the east side of the Teeter property from Colgate south to the alley. CONSIDER REQUEST FOR CITY TO ABANDON CERTAIN EXCESS STREET RIGHT - OF - WAY AT 3500 TURTLE CREEK BOULEVARD: A request was made from the property owner at 3500 Turtle Creek Boulevard for the City to abandon excess right - of - way that might be available because of the realignment of the intersection. The street is being moved to the east, creating a very large parkway, and the City has no current or future use of the remaining triangular remnant. Councilmember Holmes moved approv al of the request. Mayor Pro Tem Davis seconded, and the vote was unanimous to abandon the excess right - of - way. CONSIDER REQUEST TO DONATE A DECORATIVE STREET LIGHT TO THE CITY: A request was made by Mr. Jim Doster, 3200 Northwest Parkway, for the City to accept his donation of a decorative streetlight, which he installed along Airline frontage adjacent to his property. Since the Airline right - of - way belongs to the City of Dallas, the City of University Park cannot accept the streetlight. A letter will be written to Mr. Doster thanking him for his offer and explaining that the City cannot accept something in the right - of - way of the City of Dallas. DISCUSSION OF PRIVATE UTILITIES ON PUBLIC RIGHTS - OF - WAY: A letter was received from Mr. Lev Prichard requestin g the City allow him to bury his aerial utilities (electric, cable TV, and telephone) across the alley right - of - way to his property. The City's policy for public utilities is to provide aerial service for each customer to their home and/or accessory struc ture or to a pole on private property from which the service can be buried to the structure. Due to the condition of the City's infrastructure, staff is required to make emergency repairs, many times at night, without time to call for utility locations. The City is concerned about someone being seriously injured by coming into contact with electrical service lines, which cannot be sufficiently marked. Additionally, the alley rights - of - way are very narrow with barely enough room for the public utilities. Council affirmed the existing policy to require private utility services to be aerial only to the property line. A letter will be written to Mr. Prichard advising him that the City is unable to accommodate his request. CONSIDER RESOLUTION REGARDING CAPP SIGNATORY AUTHORITY: The City of University Park and 80 other member cities comprise CAPP, the Cities Aggregation Power Project. CAPP has solicited bids for electric service for the past two years and will do so again for 2004. Once bids are received, a response must be made within 24 hours. To facilitate this rapid turnaround, the CAPP Board has recommended that member cities authorize CAPP Chairman Jay Doegey (City Attorney for Arlington, Texas) to act on their behalf. Mayor Pro Tem Davis moved approv al of the signatory authority. Councilmember Holmes seconded, and the vote was unanimous to approve CAPP Chairman Jay Doegey to act on behalf of the City of University Park. RESOLUTION NO. 03 - 13 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHO RIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROJECT, INC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2004; AUTHORIZING ELIGIBLE DESIGNEES TO INCLU DE THE CHAIRMAN OF CAPP CONSIDER CHANGE ORDER #2 TO THE CONTRACT WITH KEN - DO CONSTRUCTION FOR REPLACEMENT OF CURBS AND GUTTERS ALONG VARIOUS STREETS: During the course of work on some of the thirty (30) locations, field changes were necessary to correct site - specific problems. Also, several blocks of curbs and gutters were added as a result of citizen requests regarding standing water and their concern about the West Nile Virus. Change Order #2 to the Ken - Do contract in the amount of $115,736.18 will ame nd the scope of work. Councilmember Roberts moved approval of the Change Order. Councilmember Holmes seconded, and the vote was unanimous to approve the second Change Order to Ken - Do Construction for replacement of curbs and gutters along various streets . CONSIDER BID RELIGHTING THREE SETS OF TENNIS COURTS: A bid was received from Lighting Specialist of Texas, Inc. in the amount of $66,627.00 to re - light three (3) of the cities’ tennis courts at Curtis, Caruth and Williams Parks. Mayor Pro Tem Davis mov ed approval of the bid. Councilmember Shawver seconded, and the vote was unanimous to approve Lighting Specialist of Texas, Inc. to do the work. DISCUSS LOCATION OF BASKETBALL GOAL STRUCTURES IN FRONT YARDS: A letter was received from Mr. Kenneth Crumble y, 2723 Daniel, regarding basketball goal structures located in the front yard. He requested our ordinance be amended to allow residents to have these type structures in the front yard. Section 8 - 608 of the Zoning Ordinance defines permitted accessory ob jects in the required front yard in residential districts. Basketball goals are not included in this list of permitted objects. City Council requested that a clearer ordinance be drawn up and that the issue be referred to the Zoning Ordinance Advisory Co mmission (ZOAC). DISCUSS DRIVEWAY CONSTRUCTION MATERIALS: Article 3.600 of the University Park Code of Ordinances prohibits an “unpaved surface” in the front or side yard from being used for parking or storage of vehicles. Gravel, crushed stone, or other similar loose materials do not constitute a paved surface. Mr. Rusty Goff requests the city look at this requirement in the context of some of our current impermeable surface issues to see if these type materials could be permitted in order to provide ne eded permeable square footage. Council referred the issue to the Zoning Ordinance Advisory Committee (ZOAC). CONSIDER ANNUAL MEETING OF THE HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT WITH CITY OF UNIVERSITY PARK AND TOWN OF HIGHLAND PARK: Councilmembers verified the availability for the date of October 21 to meet for an update on the actions of the school district. DISCUSS CITY HALL FLOOD PLAIN ELEVATIONS AND PLANS: Staff has been working on alternatives to accomplish several goals for City Hall. Specif ic problems being addressed include improving drainage in order to lower the 100 - year flood plain elevations for the area around City Hall, space for the Fire Department to handle larger fire and MICU equipment with isolated areas to clean equipment contam inated during medical runs, moving fire personnel living and sleeping quarters closer to equipment, sleeping and changing areas for Police and Fire personnel of both sexes, providing Police Department personnel additional space for adequate briefing, meeti ng and locker facilities, a secure way to bring prisoners to and from jail, an additional secured, larger area for a combined police/fire dispatch center, moving dispatch equipment into an adjacent location so that operators have access to it when problems occur, providing centralized secure facilities for all computers, alarm and other equipment, a complete upgrade of electrical, HVAC, plumbing and security systems in the building, and to provide adequate off - street parking for employees and visitors rathe r than using the streets surrounding the building. Park Director Thom Hanford presented the realignment of the two (2) playing fields in the lower portion of Goar Park. There will be 20’ between the new building and the fields. Sidewalks will also be re aligned increasing the width of the sidewalk off Vassar leading to the gazebo, and a plaza will be created around the gazebo. Council was in agreement to start the project. There being no further business, the meeting was adjourned. th Passed and approved this 7 day of October 2003. ________________________ Harold Peek, Mayor ATTEST: _______________________ Nina Wilson, City Secretary MEMORANDUM DATE: October 2 , 2003 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston, City Manager SUBJECT: Amendment to Agreement with Gallagher Construction Management for Services regarding City Hall Construction The original agreement with Gallagher Construction Management was executed in January of 2001 and contemplated a project costing $4.2 to $5.0 million. Since then the scope of work has changed including the decision to deal with the City Hall floodplain issue and expansion of the Fire Department equipment bays, which that change, allowed. These modifications have increased the projected cost to a range of $8.5 to $10.0 million, which will result in additional work for the constructi on manager. Specifically, bidding and construction coordination will be more complex. Additionally, they have now worked for almost two years without payment, and it appears that their major duties will not begin until late 2004. I believe it is only fa ir that we adjust the fee. Attached for your approval is an amendment to our original agreement. It extends the time for the agreement from 36 months to 60 months (January of 2006). We anticipate that construction on the floodplain/creek project will be gin after the first of the year and construction on the building will begin in late fall or winter of 2004. The time extension should be sufficient. The proposed fee would be capped at $520,000 regardless of the final cost. This should be between 5% and 6.2% of the final project cost. As you are aware, Gallagher has extensive public sector construction management experience. We have talked with numerous of their references including several cities. All have given excellent recommendations. They have a reputation for getting the work completed on time and under budget. Summary & Recommendation It is recommended that the Council approve the time extension – January 2004 to January 2006 -- and the fee increase -- $407,000 to $520,000. If you have que stions, please let me know Cc: Public Works Director 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ GALLAGHER1002031.doc 2 : 24 PM 10 / 02 January 8, 2001 Hand Delivered GALLAGHER CONSTRUCTION MANAGEMENT SERVICES Mr. Gene R. "Bud" Smallwood, P.E. Director of Public Works City of University Park City Hall - 3800 University Blvd. University Park, TX 75205 RE: University Park City Hall Improvements Dear Mr. Smallwood: Gallagher Construction Management Services proposes to perform construction management services for the City of University Park on the above referenced project. Our proposed fixed Construction Manager (CM) fee is Four Hundred Seven Thousand Dollars ($407,000.00). Our fee will not increase unless there is a significant increase in either the scope of work~ pro]ect budget, or completion timeline. We based our fee on the following items: RO. Box 743007 1. Project Timeline: Plans Complete (100%): Construction Begins: Approximately January 2002 Approximately February 2002 Dallas, TX 75374-3007 Project Cost Range (used for fee estimating purposes only): $4.2 million -$5 million The Architect shall be responsible for approving all shop drawings, submittals, etc. Gallagher Construction Management Services does not provide architectural or engineering services and therefore is not responsible for design and approval of submittals. 972. 437. 311~ The insurance provided by Gallagher Construction Management Services is outlined in the attached Certificate of Insurance. Additional insurance requirements shall be paid by the City. 972' 437. 316I Fax Non-Reimbursable Costs (included in fee): Preconstruction phase services and construction phase services. · All project management staff (on or off site as required for proper management) and on-site supervision. Costs to be paid direct by the City of University Park (with no fee or mark-up to CM): · Ail electrical, gas, sewer and water utility costs consum'ed by the project requirements. · Fee paid for securing approval of authorities having jurisdiction over the project. · Waste removal costs. · Material testing and special testing services. · Special consultant services. Builders' risk insurance. Printing expenses. Reimbursable Costs: · Excessive costs incurred for printing and mailing Addenda (with no fee or mark-up attached by GCMS). Gallagher Construction Management Services greatly appreciates the opportunity to perform construction management services for the City of University Park. If you have any questions, please feel free to call. Sincerely, ih HER CONSTRUCTION MANAGEMENT SERVICES esident MEMORANDUM DATE: October 2 , 2003 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston, City Manager SUBJECT: Extension of Dallas County Park Cities Municipal Utility District Contract As indicate d in the attached extension, the current water service contract expired on th September 30 . The City staff has prepared a revised contract for submission to the District but has not yet met to discuss those revisions. Based the District’s letter, I recomm end that the City Council authorize the following: The Mayor’s execution of the Contract extension. ? ? Forwarding to the District the City’s proposed contract. ? ? Authorize staff to meet with District to discuss the contract and reach ? ? agreement for the other i ssues outlined in the letter. I would believe that we should have little difficulty in resolving the contract and other issues prior to the proposed extension date of December 31, 2003. If you have questions, please let me know. Cc: City Attorney Publi c Works Director City Secretary Finance Director 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ MUDCONTRACTEXT100203.doc 2 : 21 PM 10 / 02 DIRECTORS Don C. McIlyar, President Mark Connell, Vice-President Jon B. White, Secretary Don Mann, Director George E. Clark, Director DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT 1811 REGAL ROW PHO -214/652-8639 FAX -214/652-8643 DALLAS, TEXAS 75235-2398 0bi I ADMINISTRATION Larry McDaniel, Gen. Mgr. Jerry Branom, Admin. Asst. Donna Peterson, Acct. Sec. October 1,2003 Mr. Bob Livingston City Manager City of University Park 3800 University Blvd. Dallas, Texas 75205 Re: Extension of existing Water Contract Dear Bob: As you are aware, our existing water contract with the City of University Park expired as of September 30, 2003 and a new contract is not yet in place. I am attaching an "Amendment Extending Existing Contract Term" for your consideration and appropriate signatures. This "Amendment" was drafted by our attorney and was approved by our Board of Directors at their meeting yesterday. It extends the terms and rates under the expired contract until December 31,2003 or until the execution of a new contract, whichever comes first. Please sign both copies - keep one for your files and return the other for our files. Your consideration and approval of this amendment is sought and appreciated. If you have any questions, please let me know. Also, for your information, the Board reviewed a draft Cost of Service Study, using a new methodology yesterday and gave our consultant approval to proceed. This new methodology will determine rates similar to the method used by the City of Dallas and most other water suppliers in the state, in that it will be based on depreciation of facilities and a rate of return. This is different from past Cost of Service Studies by the District. Hopefully, we will be able to present a copy of the final study in the next few weeks. The Board also agreed yesterday to proceed with negotiations with the City on relocating the Booster Station to Germany Park land, as proposed by your staff. The Board wants to retain ownership of our existing property with a lease to the City for its use and obtain ownership of the new location. We need to set up a meeting to hammer out the details for these transactions as well as finalizing the new contract. Finally, Board President Don Mcliyar has resigned from our Board as of yesterday's meeting. He served on the Board for over 16 years and his knowledge and experience will be missed. Sincerely, ..~ ~ ,,~ General Manager AMENDMENT EXTENDING EXISTING CONTRACT TERM WHEREAS, the Dallas County Park Cities Municipal Utility District (District) provides treated water for the City of University Park (City) under a ten-year water delivery and sales agl'eement with a term ending September 30, 2003 (current agreement); and WHEREAS, the District and the City are in the process of negotiating a new agreement regarding water operations and the delivery of water, bm will not complete negotiations prior to the September 30, 2003 expiration of the current agreement; and WHEREAS, the District and the City desire to continue the current agreement on an interim basis until the earlier of the execution of a new agreement or until December 31, 2003. NOW, THEREFORE, in consideration of the mutual promises and agreements expressed herein, the District and the City agree to extend the current agreement dated March 1, 1994 under all terms and conditions until December 31, 2003 or upon execution of a new agreement replacing the current agreement and this amendment, whichever occurs earlier. IN WITNESS WHEREOF, the District and the City have caused this instrument to be signed by the duly authorized representatives in duplicate originals on this ~o day of ~'~.f~-~,~/,~a_ .,2003. DALLAS COUNTY PARK CITIES MUNICIPAL UTILITY DISTRICT ATTEST: t//~e- President Distri~ Secretary CITY OF UNIVERSITY PARK ATTEST: By: Mayor City Secretary H:\WoIdkBiltkDCPCMUD AMENDMENT UNIVERSITY PART 9-25-03.DOC AGENDA MEMO (10 - 07 - 03 AGENDA) DATE: October 2 , 2003 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider renewal of annual Interlocal Agreement with Dallas County to coordinate a Countywide Household Hazardous Waste Disposal Program for FY03 - 04. Background. The proposed Interlocal Agreement with Dallas County is an annual renewal of the Household Hazardous Waste Disposal Program that was initiated in 1994. Citiz ens of University Park have used either local events, usually held quarterly in one of the local communities, or the Home Chemical Collection Center (the new site is located at 11232 - 34 Plano Road) to dispose of their paint, herbicides, pesticides and etc. University Park's annual contribution to the program is funded as a $25,000 expenditure in the Sanitation Division FY2003 - 04 Budget. Recommendation. Staff recommends City Council approval and authorize the City Manager to execute the Interlocal Agreement with Dallas County to coordinate a Countywide Household Hazardous Waste Disposal Program. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ Dallas Co.HHW AgreementFY03 - 04.09.17.03.doc 9 : 16 AM 10 / 02 / 03 HHW Interlocal Agreement FY04 Exhi bit A2004 Exhibit A2004 SCOPE OF SERVICES: STRATEGY SECTION, PAGE 9, PARAGRAPH 2, BILLING PROCEDURES All costs for the Household Hazardous Waste Program and Home Chemical Collection Center will be funded through the HHW Network’s annual HHW Program Budg et. Each participating city must provide the County with funds to cover its costs within 30 days of receiving an invoice from the County. Operational (Fixed) costs will be billed quarterly in advance. The city will pay a percent of the operational cost equivalent to its percent of the total of single family households in all participating cities. Single family household totals will be acquired from statistics published by the North Central Texas Council of Governments. Disposal costs will be billed as used, according to the number of residents that participate during the billing period. The County, as signatory on the disposal contract, will pay the HHW disposal contractor with the funds received from the cities. 9 HHW Interlocal Agreement FY2004 Exhibit B2004 Exhibit B2004 FY2004 HHW PROGRAM BUDGET SUMMARY This budget summarizes the total program funding for FY04 as approved by the Dallas Area Household Hazardous Waste Network at its regular meeting on August 7, 2003. It includes both fixed and variable cos ts. Fixed costs include personnel and operating costs, which are shared by the Network cities based on single - family household projections published by North Central Texas Council of Governments. Personnel costs include all HHW staff salaries and fringe. Operating costs include supplies, equipment, advertising, public education, volunteer support, staff development, printing, postage, facility maintenance, utilities, and all other direct programming costs. Variable costs are comprised of vendor costs for collection and disposal, which vary according to actual usage Funding for collection and disposal costs and are indicated in the budget summary for planning purposes only. will be collected from the cities after the fact, on an as - used basis. Budge t adjustments made during the term of the agreement shall not result in a City Funding amount that exceeds the approved budget total shown herein. The County may make line item transfers within the budget when these transfers do not exceed $5,000. Budget adjustments in excess of $5,000 must be approved by the HHW Network. BUDGET SECTION CITY FUNDING FIXED COSTS (OPERATIONAL BUDGET) Personnel Costs $ 216,030 Operating Costs $ 206,300 Sub - Total $ 425,330 ESTIMATED $ 460,000 COLLECTIO N/DISPOSAL COSTS TOTAL PROGRAM BUDGET $ 882,330 12 STATE OF TEXAS § § COUNTY OF DALLAS § AMENDMENT NO. 1 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT (The “Agreement”) BETWEEN DALLAS COUNTY AND , THE CITY OF UNIVERSITY PARK A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK WHEREAS, on August 26, 2003, the Dallas County Commissioners Court was briefed on a request from the cities of the Dallas Area Household H azardous Waste Network to renew and revise the effective term, fiscal year budget, and billing procedures of the Household Hazardous Waste Program interlocal agreement that was authorized by Court Order 2002 - 1838; and WHEREAS, the requested amendment wil l renew the Agreement for a second year, from October 1, 2003 through September 30, 2004, as provided in Section I of the Agreement, which permits up to four additional one - year renewals; and WHEREAS, the requested amendments will revise budget amounts f or the new fiscal year as contained in Exhibit B2004 and will expedite billing procedures as specified in Exhibit A2004 in order to allow for timely payment of vendor invoices; and WHEREAS, the requested amendments will continue the Household Hazardous Wa ste Program through fiscal year 2004 at no cost to Dallas County and with no change in the basic terms and conditions of the Agreement; NOW THEREFORE, by execution of this Amendment No. 1, the Agreement is amended hereby as set forth below. I. PURPOSE Amendment No. 1 amends the Agreement to reflect changes in the effective term, fiscal year budget, and billing procedures as contained in Exhibits A2004 and B2004. II. EFFECT OF THE AGREEMENT By execution of this Amendment No. 1, the Agreement is amende d hereby with respect to the Exhibit described below. No other sections, provisions, clauses or conditions of the Agreement are waived or changed hereby, and they shall all remain in full force and effect throughout the term of the Agreement and any duly authorized extensions. III. AMENDED PROVISIONS The new term of the Agreement shall be October 1, 2003 through September 30, 2004. FY2003 HHW Program The language contained in Exhibit B2003 of the Agreement entitled Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit FY2004 HHW Program Budget Summary B2004 entitled . The language contained in the Strategy section, page nine (9), paragraph two (2) of Exhibit Scope of Services A2003 of the Agreement, entitled , and pertaining to billing of program costs, shall be deleted in its entirety and shall be replaced with the attached Exhibit A2004 entitled Scope of Services: Strategy Section, Page 9, Paragraph 2, Billing Procedures. IN WITNESS WHEREOF, by their signature s below, the duly authorized representatives of Dallas County and the City of University Park, a member city of the Dallas Area Household Hazardous Waste Network, do hereby agree and append this Amendment No. 1 to the Agreement dated October 8, 2002. EXE CUTED THIS the _________ day of ________________________, 2003. DALLAS COUNTY: CITY: ____________________________ ___________________________ BY: BY: Margaret Kelliher Harold Peek County Judge Mayor APPROVED AS TO FORM: ________ _____________________ BY: Janet R. Ferguson Deputy Chief Civil Section Dallas County District Attorney’s Office MEMO TO: Bob Livingston DATE: October 2, 2003 City Manager FROM: Bob Whaling RE: Change Order for the Reconstruction Of Vassar Drive From Lovers Lane Turtle Creek Boulevard, Project No. 42720 On June 3, 2003, the City Council approved REBCON, In c. for the above - referenced project. The Contractor has been requested by staff to provide price information for paving improvements of Dyer Street from Boedecker Street to the North Central Expressway wall interior street. Staff recommends accepting the change order. I have attached the Contractors submittal for your review and comments. PROJECT COST HISTORY Approved Contract Amount 6/03/03 $ 583,208.50 The total cumulative value of the contract is increased by $90,186.00 or 15.5% of the original contract. 180