CITY COUNCIL AGENDA. Wednesday, February 13, :00 a.m.

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1 CITY COUNCIL AGENDA Wednesday, February 13, :00 a.m. CITY COUNCIL Martin Heines, Mayor Linda Sellers, District 1 Broderick McGee, District 2 Edward Moore, District 3 Don Warren, District 4 Bob Westbrook, District 5 John Nix, District 6 Edward Broussard, City Manager

2 CITY COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS - CITY HALL 212 North Bonner Tyler, Texas Wednesday, February 13, :00 a.m. Internet website and Cable Access Channel 3 Please call (903) if you need assistance with interpretation or translation for this City meeting. Si usted necesita ayuda con la interpretación o traducción de cualquier material en este sitio o en una reunión pública de la Ciudad de Tyler por favor llame al (903) AMERICANS WITH DISABILITIES ACT NOTICE The City of Tyler wants to ensure that City Council Meetings are accessible to persons with disabilities. If any individual needs special assistance or accommodations in order to attend a City Council meeting, please contact the City Manager s Office at , in advance so accommodations can be made. COURTESY RULES Thank you for your presence. The City Council appreciates your interest in Tyler City Government. To ensure fairness and orderly meetings, the Council has adopted rules of courtesy which apply to all members of the Council, Administrative Staff, News Media, Citizens and Visitors. If you wish to address the Council, obtain a speaker card from the receptionist s desk outside the Council Chambers, complete the information requested on the card, and deliver to the City Clerk before the meeting or as soon as you can. Speakers will be heard as the individual item(s) in which they have registered an interest come before the Council. Your remarks will be limited in duration depending on the number of people wanting to speak on a particular item. Delay or interruption of the proceedings will not be tolerated.

3 INVOCATION PLEDGE OF ALLEGIANCE RESOLUTION R-1 Request that the City Council consider a Resolution calling an Election for May 4, 2019 to fill the offices of Tyler City Council Members for Single Member District Numbers 1, 3, and 5 on the Tyler City Council and calling for a joint election with Tyler Independent School District, and Whitehouse Independent School District. R-2 Request that the City Council consider adopting a Resolution authorizing and ratifying submission of an application for, acceptance of, and/or use of, Grant Number # in the amount of $119,673.75, for funding to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism. ORDINANCE O-1 Request that the City Council consider adoption of an ordinance amending Tyler City Code, Chapter 19, Article V, Division 2 by adding the attached Fats, Oils, and Greases (FOG) ordinance as required by the Consent Decree, Civil Action No. 6:17-cv-29 and effective April 10, O-2 Request that the City Council consider adoption of an Ordinance amending Tyler City Code Chapter 3, Civil Service Classification Plan and number of authorized Civil Service positions for Fiscal Year , clarifying the definition of Firefighter, and also amending the Seniority and Assignment Pay provisions related to the Fire Department. MISCELLANEOUS M-1 Request that the City Council consider authorizing the City Manager to execute an Interlocal Election Contract with Smith County to perform certain joint election services for the City Council Election to be held May 4, 2019, as part of the joint election with Tyler Independent School District, and Whitehouse Independent School District. M-2 Request that the City Council consider authorizing the City Manager to execute a contract with Reynolds and Kay, Ltd. for the construction of the Old Bullard Road at West Mud Creek Drainage Improvements project in the amount of $476, M-3 Request that the City Council award the first of three (3) potential phases of cleaning and closed circuit television (CCTV) inspection of small (less than or equal to 18 inches) diameter sanitary sewer lines to Taplin Group, LLC for $568,

4 M-4 Request that the City Council award the multi-sensor and closed circuit television (CCTV) recording of large diameter wastewater (sanitary sewer) lines, City of Tyler Bid Number , to Ace Pipe Cleaning for $1,422, M-5 Request the City Council consider authorizing the City Manager to award The Interlocal Purchasing System (TIPS) contract number for Faulkner Park skate park construction to Transcend, Inc. d/b/a SPA Skateparks of Austin, Texas to furnish all necessary materials, equipment, superintendence, and labor for an amount not to exceed $188,220. M-6 Request that City Council consider authorizing the City Manager to award The Interlocal Purchasing System (TIPS) Purchasing Cooperative quote for Southside Park Inclusive Playground Equipment Bid to Child s Play, Inc., of Dallas, Texas, to furnish all necessary materials, equipment, superintendence, and labor for an amount not to exceed $557, CONSENT (These items are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate consideration of an item.) C-A-1 C-A-2 C-A-3 C-A-4 C-A-5 C-A-6 Request that the City Council consider authorizing the City Manager to approve purchasing goods from February 2019 to February 2020 through BuyBoard Purchasing Cooperative (BuyBoard), the Houston Galveston Area Cooperative (HGAC), Texas Multiple Awards Schedule (TXMAS), Texas SmartBuy (SmartBuy), The Cooperative Purchasing Network (TCPN), The Interlocal Purchasing System (TIPS), U.S. Communities Government Purchasing Alliance (USC) and First Choice Cooperative (1 st Choice) whereby the City of Tyler can take full advantage of purchasing any and all items available through the cooperatives. Also, request that the City Council consider authorizing the City Manager to utilize various Purchasing Cooperatives and various vendors as sole source for parts and service from February 2019 to February Request that the City Council consider authorizing the City Manager to purchase vehicles from the lowest bidder and The Interlocal Purchasing System (TIPS) Cooperative as part of the Fleet Replacement Program. Request that the City Council consider extending the contract (RFP ) for Paratransit Overflow Services for another one-year term. Request that the City Council consider declaring a 1992 Patriot Mobile Home as surplus, authorize it for auction, and authorize the City Manager or designee to sign any necessary paperwork pertaining to its auction and sale. Request that the City Council consider authorizing the City Manager to execute an easement and right of way agreement for Oncor Electric Delivery Company LLC to install an electrical line across City-owned property at Hughey Drive and Old Noonday Road. Request that the City Council consider adoption of an ordinance amending Tyler City

5 Code Chapter 6 by amending the 2015 International Residential Code story height and maximum stud length provisions related to engineered designs by providing an exception for wood framing walls. C-A-7 C-A-8 Request that the City Council consider authorizing the City Manager to pay for the Americans with Disabilities Act (ADA) review, plan review, site inspection, and electrical and plumbing design for Fun Forest Park and Woldert Park construction projects provided by various professional services and paid for by The C.T. Brannon Corporation in the amount of $20, Request that the City Council consider canceling the March 13, 2019 City Council meeting. CITY MANAGER S REPORT ADJOURNMENT

6 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: R-1 Date: February 13, 2019 Subject: Request that the City Council consider a Resolution calling an Election for May 4, 2019 to fill the offices of Tyler City Council Members for Single Member District Numbers 1, 3, and 5 on the Tyler City Council and calling for a joint election with Tyler Independent School District, and Whitehouse Independent School District. Page: 1 of 2 Item Reference: City Charter and Texas Election Code In order to comply with the City Charter and Texas Election Code, it is essential that the City Council adopt a Resolution calling an election for the first Saturday in May, being May 4, 2019, to elect the City Council Members for Single Member Districts Numbers 1, 3 and 5. The filing period to run for any of these seats is January 16, 2019 through February 15, The terms of the following Council Members will expire in May 2019: Number 1, Central District Linda Sellers Number 3, Northwest District Edward Moore Number 5, East District Bob Westbrook It is proposed that this election be held jointly with the Tyler Independent School District, and Whitehouse Independent School District. The City of Tyler cost estimate for the May 4, 2019 election is as follows: Election Judges & Clerks (Including Related Costs) $ Programming Charges $ Technical Support $ Rental of Voting $ each $ Election Kits/Supplies: $ Mail out ballots $ Delivery Mileage and Fees $ Subtotal: $ Administrative Fee (10%) $ Total Due $10, NOTE: This is only an estimate and in no way reflects the actual cost of conducting each election (City of Tyler, TISD, & WHISD).

7 Agenda Number: R-1 Page: 2 of 2 A copy of the Resolution calling the joint election is attached for review. RECOMMENDATION: It is recommended that the City Council consider the Resolution calling an Election for May 4, 2019 to fill the offices of the Tyler City Council Members for Single Member District Numbers 1, 3, and 5 on the Tyler City Council and calling for a joint election with Tyler Independent School District, and Whitehouse Independent School District be adopted as presented. ATTACHMENTS: 1. Resolution Drafted/Recommended By: Department Leader Cassandra Brager, City Clerk Edited/Submitted By: City Manager

8 RESOLUTION NO. R A RESOLUTION ORDERING AN ELECTION TO BE HELD IN THE CITY OF TYLER ON THE 4TH DAY OF MAY, 2019, FOR THE PURPOSE OF ELECTING CITY COUNCIL MEMBERS FOR SINGLE MEMBER DISTRICT NUMBERS 1, 3 AND 5; MAKING PROVISIONS FOR THE CONDUCT OF A JOINT ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is now necessary to hold an election to fill expiring terms of the Tyler City Council Members, and such election is required by law to be held the first Saturday in May; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That an election be, and the same is hereby ordered to be held within the jurisdiction of the City of Tyler, Texas on the 4th day of May, 2019, pursuant to the laws of the State of Texas and the Charter of the City of Tyler, Texas. Such election shall be held for the purpose of electing three Council Members to fill the Places Number 1, Central District; Number 3, Northwest District; and Number 5, East District, for full two year terms on the City Council. PART 2: It is agreed that the City of Tyler, Smith County, Tyler Independent School District, and Whitehouse Independent School District will hold a joint election where common polling places are possible and that in accordance with Chapter 271 of the Texas Election Laws, the election herein ordered shall be held as a joint election with Smith County, Tyler Independent School District, and Whitehouse Independent School District, a single ballot shall be utilized for the candidates to be voted on at such joint election. The joint election, including early voting, shall be conducted by the County Election Administrator, as set out in a contract with said official, and in accordance with Section through , Contract for Election Services. PART 3: That said election shall be held and conducted in the manner and within the hours prescribed for general elections by the laws of the State of Texas insofar as they may be applicable, and all persons qualified to vote in said City under the laws of this State regulating general elections shall be allowed to vote. PART 4: That all election instructions and ballots shall be printed in both English and Spanish as required by the Texas Election Code Sections through PART 5: Polling places shall be open between the hours of 7:00 o clock a.m. and 7:00 o clock p.m. PART 6: The candidate receiving a majority of the votes cast for their respective office shall be declared elected. If any candidate shall not receive a majority of the votes cast for that position, a run-off election shall be ordered for such office. Candidates for all offices shown above shall be voted for and elected separately.

9 The Council Members for Districts #1 #3 and #5 shall be filled by a person residing in each district respectively who receives the majority of the votes cast by voters in that district. Only voters living in each district shall vote for that District s Council Member. PART 7: Candidates elected to the City offices stated hereinabove in Part 1 shall hold office as may be provided by the Charter of the City of Tyler, Texas, for a period of two (2) years following their election or until their successor has been duly elected and qualified. PART 8: All requests by candidates to have their names placed upon the respective ballots shall be in writing, shall designate the office filed for shall be signed by the candidate and comply with state law concerning filing time deadlines. In addition to said application, all candidates shall make such other filings as may be required by law. PART 9: The voting places shall be as follows: Early Voting Locations Monday, April 22, Friday, April 26, 2019 Monday, April 29, Tuesday, April 30, :00 am 5:00 pm 7:00 am 7:00 pm Main Early Voting Location: The HUB - Smith County Elections Office 304 East Ferguson Street Tyler, Texas Additional Early Voting Locations: Whitehouse Municipal Court 311 E. Main Street Whitehouse, TX Election Day Vote Centers May 4, :00 a.m. 7:00 p.m. On Election Day, Smith County voters may vote at ANY location listed below: Location Address City & Zip Code Bell Elementary School 1409 Hankerson Street Tyler, Bethel Bible Church Hwy 69 S Tyler, Dayspring United Methodist Church 310 W. Cumberland Road Tyler, * Glass Recreation Center 501 W. 32 nd Street Tyler, The HUB Smith County Elections Office 304 E. Ferguson Street Tyler, Jones/Boshears Elementary 3450 Chandler Hwy Tyler, Shiloh Pines Mobile Home Community 2525 Shiloh Road Tyler, St. Louis Baptist Church 4000 Frankston Hwy. Tyler, Soma Church 3700 Old Bullard Road Tyler, TJ Austin Elementary School 1105 W. Franklin Tyler, Three Lakes Middle School 2445 Three Lakes Pkwy Tyler, Whitehouse Municipal Court 311 E. Main Street Whitehouse, *Tyler ISD would like to use this location for the Saturday, May 4 th Approval from church is pending. Each Presiding Judge shall appoint at least two (2) clerks to serve in his precinct and shall appoint as many additional clerks to so serve, not to exceed seven (7), as they deem

10 necessary for the proper conduct of the election, one of whom shall be the Alternate Presiding Judge in that precinct, which said Presiding Judges and clerks shall be the managers of said election. If any Presiding Judge is unable to serve at the election, the Alternate Presiding Judge of that precinct shall serve as the Presiding Judge for the election. PART 10: Early voting by personal appearance shall be located at 304 East Ferguson Street, Tyler, Texas. The Elections Administrator is appointed as the early voting clerk for the joint election. The time of early voting shall be as prescribed by law, being April 22, 2019, through April 30, 2019, from 8:00 a.m. to 5:00 p.m. and April 29 and April 30, 2019, from 7:00 a.m. to 7:00 p.m. Applications for early voting ballots by mail should be addressed to Karen Nelson, Elections Administrator, 304 E. Ferguson St, Tyler, Texas 75702, in accordance with the provisions of the Texas Election Laws. For purposes of processing ballots cast in early voting, the following persons are appointed to the early Voting Ballot Board for this joint election: Maurine Smith Helen Lowry Presiding Judge Alternate Presiding Judge PART 11: The Central Counting Station for the tabulation and counting of ballots for this joint election shall be located at the Smith County Courthouse, Tyler, Texas and the persons hereby appointed to serve as Manager, Tabulation Supervisor and the Presiding Judge at the Central Counting Station are as follows: Karen Nelson_ Manager Karen Nelson_ Tabulation Supervisor Karen Nelson_ Presiding Judge The Manager and Presiding Judge of the Central Counting Station may appoint clerks to serve at such Station, as provided by Section of the Texas Election Laws. PART 12: A copy of this resolution shall be sufficient notice of said election and the City Councilmembers of the City of Tyler are hereby ordered and directed to give notice of the time and place of said election by causing a true copy of this resolution to be published in some newspaper of general circulation in this City not less than ten (10) days nor more than thirty (30) days before the election. PART 13: That this resolution shall take effect immediately from and after its passage, as indicated below. PASSED AND APPROVED this day of, A. D MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS ATTEST: CASSANDRA BRAGER, CITY CLERK APPROVED: DEBORAH PULLUM, CITY ATTORNEY

11 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: R-2 Date: February 13, 2019 Subject: Request that the City Council consider adopting a Resolution authorizing and ratifying submission of an application for, acceptance of, and/or use of, Grant Number # in the amount of $119,673.75, for funding to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism. Page: 1 of 2 Item Reference: Grant Number # ; HS-Homeland Security Grant Program (HSGP) The purpose of the Homeland Security Grant Program (HSGP) is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the nation for the threats and hazards that pose the greatest risk to the security of the United States. HSGP provides funding to implement investments that build, sustain, and deliver 32 core capabilities that are essential to achieving the national preparedness goal of a secure and resilient nation. HSGP also supports core capabilities across five specific mission areas: prevention, protection, mitigation, response and recovery based on allowable costs. In order to receive this funding, a grant application is being submitted by the Tyler Fire Department. City staff is requesting City Council consideration to ratify and authorize staff s application and acceptance of Grant No. # , totaling $119,673.75, and to authorize the City Manager to take all actions necessary to apply for accept and/or use the grant, and to accept any amendments to increase this grant. This is an outright grant and requires no matching funds. The grant will allow Tyler to purchase and update radio systems no longer serviced by Motorola to maintain and enhance communication capabilities. RECOMMENDATION: It is recommended that the City Council adopt a Resolution authorizing and ratifying submission of an application for, acceptance of, and/or or use of, Grant Number # in the amount of $119,673.75, for funding to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.

12 Agenda Number: R-1 Page: 2 of 2 ATTACHMENTS: 1. Resolution Drafted/Recommended By: Department Leader David Coble, Fire Chief Edited/Submitted By: City Manager

13 RESOLUTION NO. R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AUTHORIZING AND RATIFYING SUBMISSION OF AN APPLICATION FOR, ACCEPTANCE OF, AND/OR USE OF, GRANT NUMBER # IN THE AMOUNT OF $119, , FOR FUNDING TO ACHIEVE TARGET CAPABILITIES RELATED TO PREVENTING, PREPARING FOR, PROTECTING AGAINST, OR RESPONDING TO ACTS OF TERRORISM, ALONG WITH ANY GRANT AMENDMENTS TO INCREASE THE GRANT FUNDING LEVELS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Council to promote the public health, safety and welfare; and WHEREAS, the purpose of the Homeland Security Grant Program (HSGP) is to support state and local efforts to prevent terrorism and other catastrophic events and prepare the Nation for the threats and hazards that pose the greatest threat to the security of the United States; and WHEREAS, HSGP provides funding to implement investments that build, sustain, and deliver 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation; and WHEREAS, State Homeland Security Program (SHSP) supports State, Tribal and local preparedness activities that address high-priority preparedness gaps across all core capabilities where a nexus to terrorists exists; and WHEREAS, SHSP projects must assist grantees in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism; and WHEREAS, Grant Number # , a Grant offer totaling $119,673.75, may be available; and WHEREAS, it is considered to be in the public interest to obtain and use grant funds for the above public purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That the Application for Grant # , including all understandings and assurances contained therein, is hereby ratified and approved. PART 2: That the City Staff s filing of the grant application, and all actions taken in connection therewith, is hereby ratified and authorized. PART 3: That the City Council hereby resolves and affirms that the City of Tyler has legal authority to apply for the grant and to finance and carry out the proposed project. PART 4: That the City Council hereby resolves and affirms the City of Tyler's intent to comply with all of the assurances set forth in the grant agreement and all laws, regulations, and circulars incorporated by reference in the grant agreement.

14 PART 5: That the City Manager s acceptance of Grant # and any grant amendments to increase the funding levels, is hereby ratified. PART 6: That the City Manager or designated City Staff is hereby authorized and directed to take all actions necessary in order to apply, accept and use the grant to fulfill the purposes described above, including any increases in grant amounts. PART 7: That the City Manager is hereby authorized and directed to provide such additional information as may be required by the U.S. Department of Homeland Security, the Federal Emergency Management Agency, Texas Office of the Governor Homeland Security Division, and/or the Texas Department of Public Safety. PART 8: That this Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED on this the 13th day of February, MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: APPROVED: CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

15 Agenda Number: O-1 Date: February 13, 2019 CITY OF TYLER CITY COUNCIL COMMUNICATION Subject: Request that the City Council consider adoption of an ordinance amending Tyler City Code, Chapter 19, Article V, Division 2 by adding the attached Fats, Oils, and Greases (FOG) ordinance as required by the Consent Decree, Civil Action No. 6:17-cv-29 and effective April 10, Page: 1 of 1 Item Reference: Tyler City Code, Chapter 19 The above referenced Consent Decree requires that the City of Tyler implement a Fats, Oils, and Grease (FOG) control program (pages detailing said program are attached). Part of said program is the adoption of a FOG control ordinance (Chapter 19, Article V, Division 2: Grease/Grit Reduction Devices, attached). This ordinance clearly defines requirements that are necessary to allow the City to implement the Consent Decree requirements, as well as bring Tyler more in line with other municipalities that already regulate grease/grit reduction devices (GRD). A presentation is also attached to aid in the understanding of the main parts of the new ordinance. RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Tyler City Code, Chapter 19, Article V, Division 2 by adding the attached Fats, Oils, and Greases (FOG) ordinance as required by the Consent Decree, Civil Action No. 6:17-cv-29 and effective April 10, ATTACHMENTS: 1. Consent Decree relating to FOG 2. Proposed Ordinance 3. Sizing Worksheet for FSEs (not included in ordinance) 4. Sizing Worksheet for non-fses (not included in ordinance) 5. PowerPoint presentation Drafted/Recommended By: Department Leader Edited/Submitted By: City Manager

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20 GREASE/GRIT REDUCTION DEVICE (GRD) SIZING WORKSHEET (Food Service Establishment) DATE COMPANY PROJECT LOCATION CALCULATED BY Determine the type of fixtures present, and then count the number of each fixture type FOLLOW THESE STEPS TO DETERMINE GRD SIZE Total up the Fixture Units from Step 1 Calculate the minimum tank size (gal) Choose the next larger standard size tank Required Size and # of Compartments Step 1 Step 2 Step 3 Step 4 Required = 1 Dishwasher Grease hood Floor Trough Mop Sink 3 Comp Sink Floor Drains Sink/Disposal Other Y / N How Many = x 9 Fix. Units = Y / N How Many = x 3 Fix. Units = Y / N How Many = x 4 Fix. Units = Y / N How Many = x 3 Fix. Units = Y / N How Many = x 4 Fix. Units = Y / N If yes, count as 2 Fix. Units = Y / N How Many = x 4 Fix. Units = Y / N How Many = x 3 Fix. Units = 2 TOTAL OF FIXTURE UNITS PER #1: 3 Total Fixture Units 3 gal/min Retention Time (min) Minimum Tank Size (gal) x 3 x 20 = 4 Next Standard Size Larger than the Minimum Required = Gallons Gallon, Two-Compartments; Over 750 Gallon, Three Compartments 5 Permit Documents: Provide site plan to recognized scale showing location Provide completed plumbing permit application & fees Provide contractor acknowledgement sheet Provide manufacture's information on interceptor Done

21 GREASE/GRIT REDUCTION DEVICE (GRD) SIZING WORKSHEET (Non-Food Service Establishment) DATE COMPANY PROJECT LOCATION CALCULATED BY FOLLOW THESE STEPS TO DETERMINE GRD SIZE Determine Meter Size in Inches Calculate Maximum Intermittent Flow (GPM) Determine Retention Time (min) Calculate Volume (gal) = Required Minimum Size of Interceptor Step 1 Step 2 Step 3 Step 4 Required 1-3 Meter Size (In) Max Intermittent Flow (GPM) 5/8" Retention Time (Minutes) Max Intermittent Flow (GPM) Retention Time (min) Minimum Tank Size (gal) x 30 = 4 Next Standard Size Larger than the Minimum Required = Gallons Gallon, Two-Compartments; Over 750 Gallon, Three Compartments Permit Documents: Provide site plan to recognized scale showing location Provide completed plumbing permit application & fees Provide contractor acknowledgement sheet Provide manufacture's information on interceptor Done

22 City of Tyler Fats, Oils, and Greases (FOG) Ordinance

23 Consent Decree Requirements Comprehensive FOG control ordinance Rules, regulations, policies, forms, and/or procedures Establish standards for design and construction Establish Grease/Grit Reduction Device (GRD) management, operations, and maintenance Net-Health FOG disposal manifest System

24 Consent Decree Requirements Establish FOG enforcement program Establish construction inspection procedures Establish compliance inspection procedures Develop a compliance inspection frequency schedule

25 Consent Decree Requirements o Analyze and monitor FOG related SSO occurrences o Maintain a list of FOG Generators o Establish City staffing o Develop recordkeeping system and procedures o Coordinate information with inspection staff o Establish performance indicators

26 FOG Ordinance New Generators 750 gal, min. 500 gal if designed by P.E., and approved Nothing less than 500 gal; 1500 with dishwasher No under sink/counter; no enzymes 120 max influent (flow into GRD) Not mixed with other facilities (bathrooms)

27 FOG Ordinance All Generators Generator has to operate correctly Service at least quarterly; emptied completely 6 grease, 8 sediment, 25% of water depth Not allowed to treat and return unless otherwise permitted No permit fees, just servicing fees to others Service/disposal tickets in five-part

28 FOG Ordinance Existing Facilities are grandfathered Must operate to specifications / effluent limits Threshold putting grandfathered status at risk: 20% or more of facility area is altered; Generator, not owner change (e.g. amount / type of food); or increase in flow to the GRD WE ARE LOOPED IN EARLY TO REDUCE FRUSTRATION

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30 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: O-2 Date: February 13, 2019 Subject: Request that the City Council consider adoption of an Ordinance amending Tyler City Code Chapter 3, Civil Service Classification Plan and number of authorized Civil Service positions for Fiscal Year , clarifying the definition of Firefighter, and also amending the Seniority and Assignment Pay provisions related to the Fire Department. Page: 1 of 2 Item Reference: Texas Local Government Code Section ; Tyler City Code Chapter 3. CLASSIFICATON PLAN The attached Ordinance has been prepared for the City Council to consider formal approval of amendments to the Civil Service Classification Plan and the number of authorized Civil Service positions within the Police and Fire Departments in accordance with Chapter 143 of the Texas Local Government Code included in this year s current budget (Fiscal Year ). The Civil Service Classifications were last updated on April 11, This ordinance reflects changes made to the positions in the Tyler Police Department, which includes the addition of two officer positions. Changes are also being made to the Tyler Fire Department positions. The changes include those related to certain classifications, divisions and positions. Texas Local Government Code Section (a) provides that the Civil Service Commission shall provide the classification of all fire fighters and police officers, and that the municipality s governing body shall establish the classifications by ordinance. On April 5, 2018, the Civil Service Commission reviewed this proposed Ordinance and Classifications, and voted to recommend approval. The attached Ordinance also clarifies the definition of Firefighter. On January 23, 2019, the Civil Service Commission reviewed the proposed changes and recommends adoption to the City Council. AMENDMENTS TO SENIORITY PAY AND ASSIGNMENT PAY PROVISIONS RELATED TO FIRE DEPARTMENT In addition, the attached ordinance makes amendments to the provisions related to seniority pay and assignment pay for members of the Fire Department.

31 Agenda Item: O-2 Page: 2 of 2 RECOMMENDATION: It is recommended that the City Council approve the attached Ordinance amending Tyler City Code Chapter 3, Civil Service Classification Plan and number of Authorized Civil Service positions for Fiscal Year , clarifying the definition of Firefighter, and amending the Seniority and Assignment Pay provisions related to the Fire Department. ATTACHMENTS: 1. Ordinance Drafted/Recommended By: Department Leader David L. Coble, Fire Chief Jimmy Toler, Police Chief Edited/Submitted By: City Manager

32 ORDINANCE NO. O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS, PERSONNEL/CIVIL SERVICE/TMRS, ARTICLE III., CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS, DIVISION 2, CLASSIFICATION PLAN, AMENDING THE CIVIL SERVICE CLASSIFICATION PLAN AND NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS FOR FISCAL YEAR , AND AMENDING THE DEFINITION OF FIREFIGHTER ; AND ALSO AMENDING DVISION 3., OTHER COMPENSATION, RELATED TO THE SENIORITY AND ASSIGNMENT PROVISIONS FOR THE FIRE DEPARTMENT; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 143 of the Texas Local Government Code requires the City Council to approve a Fire and Police Civil Service employee classification plan and authorize the number of Civil Service employees for each position on an annual basis; and WHEREAS, the number and classification of authorized Civil Service positions can only be changed by City ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That Tyler City Code Chapter 3, Personnel/Civil Service/TMRS, Article III., Civil Service for Firefighters and Police Officers, Division 2., Classification Plan, is hereby amended by amending the definition of Firefighter in Section 3-40 to read as follows, with no other changes to the Section: Firefighter means one who engages in the fighting and extinguishment of fires a member of the fire department who was appointed in substantial compliance with Texas Local Government Code Chapter 143or its successor. It applies only to an employee of the fire department whose position requires substantial knowledge of firefighting and who has met the requirements for certification by the Texas Commission on Fire Protection under Texas Government Code Chapter 419 or successor, including an employee who performs a) fire suppression; b) fire prevention; c) fire training; d) fire safety education; e) fire maintenance; f) fire communications; g) fire medical emergency technology; h) fire photography; i) fire administration; j) fire arson investigation; and does not apply to a secretary, clerk, budget analyst, custodial engineer or other administrative employee. (Ord. No. O ; 2/13/19) PART 2: That Tyler City Code Chapter 3, Personnel/Civil Service/TMRS, Article III., Civil Service for Firefighters and Police Officers, Division 2, Classification Plan, is hereby amended by amending Section 3-43 to read as follows: Sec Classification plan adopted. The following is adopted as the classification plan for Tyler Civil Service employees.

33 Police Department Classification FY No. of Positions FY No. of Positions FY No. of Positions FY No. of Positions Assistant Police Chief I,II,III, IV Police Lieutenant I, II, III, IV Police Sergeant I, II, III, IV Police Officer - Recruit I/II/III/IV/V/VI/VII/VIII/IX/X TOTAL *1 Gang grant officer added FY No. of Positions 195 *2 officers added Fire Department Classification Suppression Division FY No. of Positions FY No. of Positions FY No. of Positions FY No. of Positions Assistant Fire Chief I/II/III, IV District Fire Battalion Chief I/II/III/IV Fire Captain - I/II/III/IV Fire Driver/Engineer - I/II/III/IV Firefighter - Recruit I/II/III/IV/V/VI/VII/VIII/IX/X/XI Prevention Division Fire Captain - I/II/III/IV Fire Driver/Engineer - I/II/III/IV TOTAL FY No. of Positions The number and base salary of positions allocated to each classification shall be as set by the City Council in each new fiscal year budget, and classification ordinance.* The position of Fire Marshal is a non-civil service position. Nothing herein shall be construed to create the Civil Service position of Fire Marshal. (Ord. O-97-43; 9/4/97) (Ord. No. O-99-21, 3/3/99) (Ord. No. O-99-29, 4/7/99) (Ord. No. O-99-42, 6/16/99) (O-99-68, 9/1/99) (Ord. O , 3/15/00) (Ord. O , 9/6/00) (Ord. O , 10/18/00) (Ord. O , 12/20/2000) (Ord. O , 3/7/2001) (Ord. O , 3/7/2001) (Ord. O , 4/25/2001) (Ord. O , 9/5/2001) (Ord. O , 10/17/01) (Ord. O , 2/6/02) (Ord. O , 4/3/02) (Ord O , 9/11/02))Ord O , 1/8/03) (Ord. O , 5/28/03) (O , ) (O , 1/11/06) (Ord. O , 2/14/07) (Ord. O , 11/28/07) (O ,

34 1/9/08) (Ord. O , 4/9/08) (Ord. O , 9/24/08) (Ord. O , 12/10/08) (Ord. O , 10/14/2009)(Ord. O , 10/13/10) (Ord. No. O , 10/26/11) (Ord. O , 3/28/12) (Ord. No. O , 10/23/13) (Ord. No. O ; 3/25/15) (Ord. No. O ; 11/11/15) (Ord. No. O , 09/28/16) (Ord. No. O ; 11/8/17) (Ord. No. O ; 4/11/18) (Ord. No. O ; 2/13/19) PART 3: That Tyler City Code Chapter 3, Personnel/Civil Service/TMRS, Article III., Civil Service for Firefighters and Police Officers, Division 3, Other Compensation, is hereby amended by amending Section 3-63 to read as follows: Sec Seniority pay. In addition to base salary, Police Officers and Firefighters will receive seniority (or step) pay as set in each fiscal year budget based upon their current lengths of service in the job classification of Police Officer and Firefighter, according to the following schedule: a. Police No changes b. Fire Firefighter I (after one (1) year of service) Firefighter II (after two (2) years of service) Firefighter III (after five (5) years of service) Firefighter IV (after seven (7) years of service) Firefighter V (after nine (9) years of service) Firefighter VI (after eleven (11) years of service) Firefighter VII (after thirteen (13) years of service) Firefighter VIII (after fifteen (15) years of service) Firefighter IX (after seventeen (17) years of service) Firefighter X (after nineteen (19) years of service) Firefighter XI(after twenty-one (21) years of service) Fire Driver/Engineer II (after three (3) years as driver/engineer) Fire Driver/Engineer III (after six (6) years as driver/engineer) Fire Driver/Engineer IV (after nine (9) years as driver/engineer) Fire Captain II (after three (3) years as fire captain) Fire Captain III (after six (6) years as fire captain) Fire Captain IV (after nine (9) years as fire captain) Fire District Battalion Chief II (after three (3) years as fire district battalion chief) Fire District Battalion Chief III (after six (6) years as fire district battalion chief) Fire District Battalion Chief IV (after nine (9) years as fire district battalion chief) Assistant Fire Chief II (after three (3) years as assistant fire chief) Assistant Fire Chief III (after six (6) years as assistant fire chief) Deputy Fire Marshal II (after three (3) years as deputy fire marshal) Deputy Fire Marshal III (after six (6) years as deputy fire marshal) Deputy Fire Marshal IV (after nine (9) years as deputy fire marshal) Assistant Fire Marshal II (after three (3) years as assistant fire marshal) Assistant Fire Marshal III (after six (6) years as assistant fire marshal) Assistant Fire Marshal IV (after nine (9) years as assistant fire marshal) Assistant Fire Chief IV (after nine (9) years as assistant fire chief) Current llength of sservice means the amount of time since the employee was hired in his/her current Civil Service position, i.e., it does not include prior service with the department.

35 (Ord. No. O-96-8, ; Ord. No. O-99-29, ) ( , ) ( , ) (Ord. No , 10/26/11) (Ord. No ; 11/8/2017) (Ord. No. O ; 2/13/19) PART 4: That Tyler City Code Chapter 3, Personnel/Civil Service/TMRS, Article III., Civil Service for Firefighters and Police Officers, Division 3, Other Compensation, is hereby amended by amending Section 3-64 to read as follows: Sec Assignment pay. a. Police. No changes b. Fire. Firefighters, except the Chief, may receive as many as three of the following additional assignment pay types. For the first assignment they will receive one hundred dollars ($100.00) per month unless otherwise specified. For a second assignment they will receive an additional seventy five dollars ($75.00) per month. For a third assignment they will receive an additional fifty dollars ($50.00) per month. 1. Be the Captain a Fire Battalion Chief who works forty-hour per week shift and is assigned by the Fire Chief to the Training Division to assist the Assistant Fire Chief ($150.00). 2. Be assigned to a HazMat station accepted and remain as a member of the Hazardous Materials Response Team. 3. Be assigned to the Fire Marshal's office and be certified as a Peace Officer, Arson Investigator, Firefighter, and Inspector. 4. Be ARFF certified and be assigned to work at the Airport, or assigned to the ARFF Program. 5. Be accepted as assigned by the Fire Chief to the Fire Tactical Medical Unit detailed to and remain a member the Police Special Operations Team and remain a member. 6. Be assigned to a Technical Rescue Station accepted as and remain a member of the technical rescue team. (Ord. O-99-29: ) (Ord , 8/1/01) ( , 6/30/04) ( , 10/13/10) (Ord. No. O ; 2/13/19) 7. Be assigned to a Recruit Training Station and obtain and maintain Fire Instructor II; or assigned to the Training Division as an In-Service Fire Training Instructor II. He or she shall receive $ per month. Any additional assignment pay shall start at the third assignment pay level. 8. Be appointed by the Fire Chief and remain at the Chief s pleasure to represent the department as the full-time Black Belt designee. 9. Be assigned to Fire Administration as 40 hour personnel, a certified firefighter, assigned as the fire department recruiter and fire safety educator ($150.00). $ Be a Fire Captain assigned to manage fire vehicle services (Fire Shop) at

36 11. Be a Fire Captain assigned as the Assistant Fire Marshal ($150.00). 12. Be a Driver/Engineer scheduled on a 40-hour work week and assigned to the Fire Marshal s office ($150.00). 13. Be a Fire Captain scheduled on a 40 hour work week and assigned to Fire Administration ($150.00). 14. Be certified as a bilingual employee. Employees that wish to be tested for bilingual pay are to schedule testing through the Career Development supervisor. The minimum qualification to receive bilingual assignment pay is a level 2 designation on the U.S. Foreign Service Institute scale. This level will be determined by taking an average of the verbal and written portions of the test. A level 2 designation is the ability to satisfy routine social demands and limited work requirements. The employee can handle with confidence, but not with facility, most social situations, including introductions and casual conversations about current events, as well as work, family and autobiographical information. The employee can handle limited work requirements, needing help in handling any complications or difficulties. The employee can get the gist of most conversations on non-technical subjects and has a speaking vocabulary sufficient to express himself/herself simply with some circumlocutions; accent, though often faulty, if intelligible. The employee can usually handle elementary constructions quite accurately but does not have a thorough or confident control of the grammar. (Ord. O-99-29: ) (Ord , 8/1/01) ( , 6/30/04) ( , 10/13/10) (Ord. No. O-2019-_;2/13/19) c. Police and Fire No changes PART 5: That if any provision or any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 6: This ordinance shall take effect immediately upon its adoption. PASSED AND APPROVED this the 13 th day of February, A.D., MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: APPROVED: CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

37 Agenda Number: M-1 CITY OF TYLER CITY COUNCIL COMMUNICATION Date: February 13, 2019 Subject: Request that the City Council consider authorizing the City Manager to execute an Interlocal Election Contract with Smith County to perform certain joint election services for the City Council Election to be held May 4, 2019, as part of the joint election with Tyler Independent School District, and Whitehouse Independent School District. Page: 0 of 1 Item Reference: State law authorizes political entities to conduct joint elections and to contract with another entity to handle the election; Texas Government Code Chapter 791; Texas Election Code Chapters 4, 31, 65, 67, and 271 The City of Tyler, Tyler Independent School District, and Whitehouse Independent School District have agreed to conduct a joint election between these political subdivisions and desire to again contract with the Elections Administrator of Smith County to perform certain election services for the conduction of the joint election to be held May 4, A copy of the proposed Interlocal Elections Contract is attached. Funds for joint election costs are budgeted in Account # RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the Interlocal Elections Contract with Smith County to perform certain election services for the conduction of a joint election for City of Tyler, Tyler Independent School District, and the Whitehouse Independent School District ATTACHMENTS: 1. Interlocal Agreement Drafted/Recommended By: Department Leader Edited/Submitted By: City Manager

38 INTERLOCAL AGREEMENT BETWEEN SMITH COUNTY, CITY OF TYLER, TYLER INDEPENDENT SCHOOL DISTRICT AND WHITEHOUSE INDEPENDENT SCHOOL DISTRICT FOR CONDUCTING ELECTIONS STATE OF TEXAS COUNTY OF SMITH This Agreement is entered into this day of, 2019, by and between Smith County, Texas, a political subdivision of the State of Texas, with the authorization of its governing body (hereinafter referred to as COUNTY), The City of Tyler, Tyler Independent School District and Whitehouse Independent School District with the authorization of their respective governing bodies (hereinafter referred to as VOTING UNITS). The VOTING UNITS enter into this Interlocal Agreement with COUNTY by authority of the Interlocal Cooperation Act, Texas Government Code Chapter 791. W I T N E S S E T H WHEREAS, VOTING UNITS are authorized to conduct a joint election under Texas Election Code Chapter 271, if such action is authorized by each entity participating in the joint election; and WHEREAS, COUNTY has the experience and resources to conduct elections throughout all of, or portions of, Smith County; and WHEREAS, COUNTY may hire additional elections administration personnel as necessary to carry out this agreement; and WHEREAS, VOTING UNITS and COUNTY have determined that it is in the public interest of their inhabitants that the following agreement be made and entered into for the purpose of having COUNTY furnish certain special election services and equipment needed by VOTING UNITS in connection with VOTING UNITS elections; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements contained herein, as well as other good and valuable consideration stated herein below, COUNTY and VOTING UNITS agree as follows: PURPOSE It is the purpose of this Interlocal Agreement to set forth the purpose, terms, rights and duties of the contracting parties whereby COUNTY is to provide certain governmental functions and services limited to the undertaking of a trustee/city council election and any special election herein described for VOTING UNITS. 1

39 TERMS, RIGHTS AND DUTIES I. COUNTY S DUTIES COUNTY shall perform the following duties in connection with conducting VOTING UNITS elections: 1. Appoint Early Voting Ballot Board and notify same; 2. Appoint Election Judges and Alternate Judges and notify same; 3. Conduct Early Voting both by personal appearance and by mail for VOTING UNITS; 4. Print ballots in accordance with the election laws and wording furnished by VOTING UNITS pursuant to Section II (1) under the Terms, Rights and Duties set forth in this agreement; 5. Order and maintain all supplies, materials and ballots in such quantities necessary to conduct such elections; 6. Furnish VOTING UNITS with sample ballots for their elections; 7. Provide for electronic voting process including preparation of, programming, testing of tabulation equipment and publication of notice of such tests and notification to VOTING UNITS of time and place of such tests; 8. Establish Central Counting Station; 9. Deliver supplies and voting equipment to and from polling places; 10. Assume Election Day responsibilities, including late voting for illness, disability, etc., as required by law, and be available to voters and election officials; 11. Provide for retention and storage of election records as provided by law; 12. Furnish VOTING UNITS with a copy of all vote tabulations and election returns; 13. Count ballots, process election returns, and prepare unofficial tabulation of votes; 14. Process election returns and prepare tabulation of unofficial returns and provide to VOTING UNITS no later than 8:30 a.m. on the eighth (8 th ) day following the election for official canvassing by VOTING UNITS; 15. Elections Administrator shall review with and recommend arrangements for polling places to VOTING UNITS; such recommendation of polling places selections should be approved by VOTING UNITS and Elections Administrator shall notify in writing to VOTING UNITS of final selection of polling places. Elections Administrator shall notify, review and obtain approval of any change of polling places with VOTING UNITS. VOTING UNITS specifically agree to use a common polling location in the territory of the joint election and share election officials for the conduct of the joint election under Texas Election Code Chapter

40 In the event that the approved polling places become unavailable for use after the deadlines set forth by federal law for submission of pre-clearance/voting changes to the United States Department of Justice, the Elections Administrator shall notify the VOTING UNITS of the cancelation of such polling place(s) within forty-eight (48) hours of receiving notice of unavailability. The Elections Administrator shall notify VOTING UNITS of the location of alternate polling places(s) selected to replace cancelled sites no later than seven (7) days prior to the election, or as promptly as possible if cancellation occurs within seven (7) days of the election. To the extent required by law, the Elections Administrator shall immediately notify the United States Department of Justice of changes to polling places when such changes occur after the deadlines set forth by federal law for submission of pre-clearance/voting changes. 16. Elections Administrator shall appoint deputy early voting clerks; 17. Elections Administrator shall serve as Early Voting Clerk for elections; 18. Conduct early voting at a location(s) to be determined by the Elections Administrator; 19. Pay any claims for election expenses pursuant to Texas Election Code Section (a) (See also Section III. CONSIDERATION, set forth in the Terms, Rights and Duties of this agreement for VOTING UNITS responsibility for costs); 20. Review with VOTING UNITS the election process prior to election; 21. COUNTY shall pay claims of third parties attributable to the election which COUNTY conducts on behalf of VOTING UNITS if said claims become due prior to the COUNTY S submission of an itemized bill of costs to VOTING UNITS; 22. Said claims shall be paid from funds deposited by the VOTING UNITS with the County Treasurer, pursuant to Texas Election Code Section (a) and funds paid after the election is held and VOTING UNITS pay COUNTY pursuant to Section III., CONSIDERATION, set forth in the Terms, Rights and Duties of this agreement; 23. COUNTY shall pay salaries and wages of persons employed temporarily to perform duties under this agreement from funds deposited by VOTING UNITS with the County Treasurer pursuant to Texas Election Code Section (a) and (b); 24. COUNTY shall perform any and all other items necessary or required by law to conduct the election. 25. COUNTY will provide County owned Help America Vote Act (HAVA) Direct Recording Electronic (DRE) voting machines as required by law. In the event alternative voting equipment is being considered each VOTING UNIT will be notified and given an opportunity to participate in decision; 26. COUNTY shall deliver a report of the precinct results as contained in the election register to the Secretary of State pursuant to Texas Election Code Section (a) and (b). 27. Prepare and submit recommendations for any voting changes related to assigned duties under this Interlocal Agreement to VOTING UNITS for approval by VOTING UNITS. Upon approval by 3

41 VOTING UNITS, prepare joint submission to the United States Department of Justice as required by the federal Voting Rights Act of 1965, as amended, for each VOTING UNIT and deliver copy of proposed joint submission to each VOTING UNIT for its approval and signature. Upon approval and signature by each VOTING UNIT, send the joint submission on the behalf of each VOTING UNIT to the United States Department of Justice in accordance with the time deadlines set forth by federal law, and deliver copy of same to each VOTING UNIT simultaneously with this submission. To the extent that one or more supplements to the initial joint submission are required, timely prepare such supplement in accordance with federal law and deliver same to each VOTING UNIT for approval and signature, send to the Department of Justice on behalf of each VOTING UNIT, and deliver copy of same joint supplement to each VOTING UNIT simultaneously with this submission; and 28. Translate wording of English language ballot for VOTING UNITS election into Spanish by any licensed interpreter or translator. Prepare and submit recommendations of Spanish language ballot to VOTING UNITS for approval. Upon approval of VOTING UNITS, give final approval of VOTING UNITS Spanish ballot in writing. 29. Elections Administrator shall ensure that prior to the election the Company/Vendor that has been hired to program, test, or perform maintenance on the voting equipment provides documentation to the Elections Administrator certifying that a criminal background check has been performed on all employees, including temporary employees, that may program, test, perform maintenance, transport equipment, or perform technical support on the voting system equipment for Smith County, and that there are no findings that would prevent any Vendor employee from performing their assigned duties. II. VOTING UNITS DUTIES VOTING UNITS shall be required to perform the following duties in connection with the terms and conditions of this agreement: 1. Furnish wording of ballot for VOTING UNITS election in English, and give final approval of VOTING UNITS ballot in writing; the necessary wording must be provided within a reasonable amount of time sufficient for preparation. A notice of all ballot election information (e.g. single member districts, special elections, etc), with the exception of candidates names and ballot order, will be provided to the Elections Administrator by the 88 th day before the election. Names of candidates and ballot order shall be provided to the Elections Administrator no later than the 52 nd day before the election; 2. VOTING UNITS agree to use reasonable efforts to submit election notices to COUNTY's Elections Administrator prior to publication and the Election's Administrator shall review the election notice, proof and respond with regard to any necessary corrections as soon as possible with a goal of responding within 24 hours of notice submission. If the Election Administrator s response is not received by the VOTING UNIT within 48 hours of submission to the Election Administrator, the VOTING UNIT may proceed with publication of the notice. It is understood and agreed that VOTING UNIT is not in violation of this Agreement if applicable time deadlines under Texas or federal law for such publication prohibit the VOTING UNIT from complying with this provision. 4

42 3. Receive and process official tabulation in accordance with the Texas Election Code, including but not limited to canvassing the vote in accordance with Texas Election Code Section et seq.; 4. Perform those duties and functions which by law VOTING UNITS remain required to perform; 5. Timely notify COUNTY of exact boundaries of VOTING UNITS district boundaries; and 6. Give notice of election as required by all applicable laws, including Texas Election Code Chapter 4; and 7. Make payment as required under Article III. III. CONSIDERATION As consideration for performing the duties herein described in relation to VOTING UNITS election to be held May 4, 2019, COUNTY shall charge its actual costs including rental of DRE voting equipment plus an administrative fee of ten percent (10%) of the total amount of the actual costs of holding VOTING UNITS election by contract pursuant to Texas Election Code Section (d). COUNTY shall provide an Exhibit A to this Agreement, which shall contain an accurate as possible estimate of expenses for the services and functions to be performed under this agreement, to VOTING UNITS at least thirty (30) days prior to submission of this Agreement to each VOTING UNITS governing body for approval. COUNTY and VOTING UNITS agree that Exhibit A to this Agreement, reflecting the estimated expenses of the trustee/city council election, attached hereto and incorporated herein for all purposes, sets forth the estimated expenses to be paid to COUNTY, such expenses that fairly compensates COUNTY for the services and functions performed under this agreement as required pursuant to Texas Election Code Section (c). In this regard the parties expressly agree to the following terms with respect to the compensation VOTING UNITS shall pay COUNTY for the services and equipment provided hereunder: 1. VOTING UNITS shall be responsible for paying the actual costs of early voting, the actual costs of the elections and the ten percent (10%) administrative fee described above, provided however that the City of Tyler s payment shall be capped at that amount that equals the actual costs and administrative fee for two (2) polling locations per City Council District participating in the election. 2. COUNTY shall submit an itemized bill of actual costs for the services and equipment provided hereunder, plus an administrative fee of ten percent (10%) of the total amount of the actual costs of the elections. VOTING UNITS shall pay the total amount billed within thirty (30) days of receipt of said itemized bill. Should the actual costs for the services and equipment provided hereunder exceed the estimated expenses as set forth in Exhibit A, VOTING UNITS hereby expressly agrees to pay COUNTY for all such actual costs, plus an administrative fee of ten percent (10%) of the total amount of the actual costs of the elections so that COUNTY is fairly compensated as agreed; and 3. VOTING UNITS expressly represent that they are able to pay for said election from current revenues as is required pursuant to Texas Government Section (d)(3). 5

43 IV. TERM This agreement shall be effective as of the date of its execution by all parties and shall remain in effect for VOTING UNITS May 4, 2019, election until such time as all consideration owed to COUNTY for services and equipment provided hereunder is paid. V. INDEMNIFICATION Each individual VOTING UNIT agrees, to the extent permitted by law, to indemnify and hold harmless COUNTY for any claims, lawsuits, or damages alleging personal injuries at a voting location during early voting or on Election Day to the extent that the alleged injuries arise out of that individual VOTING UNIT S own negligence. VI. FORCE MAJEURE In the event that the performance by COUNTY of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether such occurrence be an act of God or the result of war, riot, civil commotion, sovereign conduct, or the act or condition of any person or persons not a part or in privity hereof, then it shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. VII. VENUE AND CHOICE OF LAW The obligations and undertakings of each of the parties to this agreement shall be performable in Smith County, Texas, and this agreement shall be governed by and construed in accordance with the laws of the State of Texas. VIII. MODIFICATION This agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed. Any prior agreements, promises, negotiations or representations not expressly contained in this agreement are of no force and effect. Any oral representations or modifications concerning this agreement shall be of no force or effect, excepting a subsequent modification in writing signed by the party to be charged and expressly authorized by the governing body of such party. No official, representative, employee or agent of COUNTY has any authority to modify or amend this contract except pursuant to specific authority to do so granted by the Commissioners Court of COUNTY. In the event that COUNTY subsequently contracts with other voting entities that are not parties to this agreement to perform election services in connection with their May 4, 2019 elections, and if the COUNTY requests the VOTING UNITS to participate in a joint election with said other voting entities, the VOTING UNITS agree to participate in such joint election provided however that COUNTY S and VOTING UNITS participation in such joint election does not in any way prevent, hinder, or relieve either Party from complying with all of the terms and conditions of this agreement and provided that a subsequent modification in writing is signed by all parties of this agreement. It is understood and agreed that any such subsequent modification will not expand, add to, modify, or change the VOTING UNITS duties or rights under this Agreement 6

44 IX. NON-ASSIGNMENT OF RIGHTS No assignment of this agreement or of any right accruing hereunder shall be made in whole or in part by VOTING UNITS without the prior written consent of COUNTY by and through an order of its Commissioners Court. X. SUCCESSORS AND ASSIGNS This agreement shall be binding upon and inure to the benefit of the successors in office and assigns of the respective parties hereto. XI. NOTICES Any notice to be given hereunder by any party to the others shall be in writing and may be effected by personal delivery in writing or certified mail, return receipt requested, when mailed to the proper party, at the following addresses: SMITH COUNTY T.I.S.D. CITY OF TYLER Whitehouse ISD c/o Nathaniel Moran, County Judge c/o Marty L. Crawford c/o Deborah Pullum, City Attorney c/o Christopher Moran 200 E. Ferguson St. 1 st floor P. O. Box 2035 P. O. Box Wildcat Drive Tyler, TX Tyler, TX Tyler, TX Whitehouse, TX Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. XII. CANCELLATIONS In the event that any of VOTING UNITS elections are canceled, the remaining VOTING UNITS shall pay all costs plus an administrative fee of ten percent (10%) of the total amount of the actual costs of the election incurred for their respective election and the canceling VOTING UNIT shall pay all costs incurred up to the date of cancellation that is prorated to that unit s election costs. Such costs shall be determined by the Elections Administrator. IN WITNESS WHEREOF, Smith County, The City of Tyler, Tyler Independent School District, and Whitehouse Independent School District have caused this agreement to be effective as of the day of,

45 APPROVED IN SMITH COUNTY S COMMISSIONERS COURT MEETING on the day of, 2019, and executed by NATHANIEL MORAN, County Judge, as the authorized representative of SMITH COUNTY. SMITH COUNTY NATHANIEL MORAN, COUNTY JUDGE ATTEST: RECOMMENDED KAREN NELSON, ELECTION ADMIN. APPROVED: BY: PHILLIP SMITH, ASSISTANT D. A. 8

46 APPROVED BY THE TYLER CITY COUNCIL IN A MEETING on the day of, 2019 and executed by EDWARD BROUSSARD, City Manager, as the authorized representative of the City of Tyler. CITY OF TYLER BY: EDWARD BROUSSARD, CITY MANAGER ATTEST: BY: CASSANDRA BRAGER, CITY CLERK APPROVED: BY: DEBORAH G PULLUM, CITY ATTORNEY 9

47 APPROVED IN TYLER INDEPENDENT SCHOOL DISTRICT S BOARD MEETING on the day of 2019, and executed by MARTY CRAWFORD, Superintendent, and J. A. BERGFELD, Board President, as the authorized representative of T.I.S.D. TYLER INDEPENDENT SCHOOL DISTRICT BY: FREDERICK H. HAGER, JR, BOARD PRESIDENT ATTEST: BY: GINA ORR, BOARD SECRETARY BY: MARTY CRAWFORD, SUPERINTENDENT APPROVED: BY: JOHN HARDY, ATTORNEY FOR T.I.S.D. 10

48 APPROVED IN WHITEHOUSE INDEPENDENT SCHOOL DISTRICT S BOARD MEETING on the day of 2019, and executed by CHRISTOPHER MORAN, Superintendent, as the authorized representative of W.I.S.D. WHITEHOUSE INDEPENDENT SCHOOL DISTRICT BY: CHRISTOPHER MORAN, SUPERINTENDENT APPROVED: BY: RANDY COOK, ATTORNEY FOR W.I.S.D. 11

49 ATTACHMENT A DRAFT ESTIMATED EXPENSES FOR VOTING UNIT City of Tyler Cost Estimate for the May 4, 2019 Election Election Judges & Clerks (Including Related Costs) $ Programming Charges $ Technical Support $ Rental of Voting $ each $ Election Kits/Supplies: $ Mail out ballots $ Delivery Mileage and Fees $ Subtotal: $ Administrative Fee (10%) $ Total Due $10, NOTE: Exhibit A is only an estimate and in no way reflects the actual cost of conducting each election (City of Tyler, TISD, &WHISD). 12

50 Agenda Number: M-2 Date: February 13, 2019 CITY OF TYLER CITY COUNCIL COMMUNICATION Subject: Request that the City Council consider authorizing the City Manager to execute a contract with Reynolds and Kay, Ltd. for the construction of the Old Bullard Road at West Mud Creek Drainage Improvements project in the amount of $476, Page: 1 of 1 Item Reference: Item M-4, January 10, 2018 The Old Bullard Road at West Mud Creek Drainage Improvements project is Priority 2 as identified in the 2011 drainage study for West Mud Creek Tributary M-3. This project will add storm drain capacity across Old Bullard Road to help alleviate flooding of the roadway and properties upstream. The project was publicly advertised and bids were opened on January 23, The following bids were received. The engineer s opinion of probable construction cost was $495, Staff recommends the contract be awarded to the low bidder Reynolds and Kay, Ltd. Contractor Base Bid Reynolds and Kay, LTD $476, East Texas Bridge, Inc. $478, JDR Contracting $491, Baker and Reid Co., LLC 553, Capps-Capco Construction, Inc. 587, A. E. Schull and Co. $599, Drewery Construction Co. Inc. $646, FUNDING: Half Cent Sales Tax Fund RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Reynolds and Kay, Ltd. for the construction of the Old Bullard Road at W Mud Creek Drainage Improvements in the amount of $476,

51 Agenda Item: M-2 Page: 2 of 2 ATTACHMENTS: 1. Exhibit A Location Map 2. Exhibit B Bid Tabulation Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

52 EXHIBIT A: LOCATION MAP

53 Page 1 of 2 BID TABULATION CITY OF TYLER CIP PROJECT BID No Reynolds & Kay, LTD East Texas Bridge, Inc. JDR Contracting Baker & Reid Company, LLC. Capps-Capco Construction, Inc. A.E. Shull & Company Drewery Construction Co. Inc. Old Bullard Road at West Mud Creek Trib M-3 Drainage Improvements Engineer's Estimate PO Box 88 PO Box 6218 PO Box CR CR 192 PO Box SE Stallings Dr. Local Funds; TBC Project No Tyler, TX Longview, TX Van, TX Tyler, TX Tyler, TX Tyler, TX Nacogdoches, TX ITEM DESCRIPTION AND UNIT PRICE ESTIMATED UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE Paving and Drainage Improvements 3 Provide required insurance, including Liabiliy insurance, with the Owner and Engineer named as additional insured, complete for 1 LS $ 3, $ 3, $ 5, $ 5, $ 15, $ 15, $ 1, $ 1, $ 2, $ 2, $ 18, $ 18, $ 2, $ 2, $ 1, $ 1, Provide 100% Maintenance, Payment, & Performance Bonds for 1 LS $ 6, $ 6, $ 9, $ 9, $ 12, $ 12, $ 10, $ 10, $ 10, $ 10, $ 23, $ 23, $ 12, $ 12, $ 6, $ 6, paving, drainage, and water utility improvements, in approved format, o The City of Tyler, complete for Provide construction staking by RPLS, complete for 1 LS $ 3, $ 3, $ 7, $ 7, $ 4, $ 4, $ 3, $ 3, $ 9, $ 9, $ 8, $ 8, $ 12, $ 12, $ 9, $ 9, A Contingency 1 LS $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, $ 40, B Prepare right of way, complete for 1 LS $ 10, $ 10, $ 3, $ 3, $ 10, $ 10, $ 2, $ 2, $ 10, $ 10, $ 2, $ 2, $ 15, $ 15, $ 7, $ 7, A Remove & dispose of existing concrete curb, complete for 113 LF $ 5.00 $ $ 9.00 $ 1, $ 8.00 $ $ $ 1, $ $ 5, $ $ 3, $ $ 1, $ $ 1, B Remove & dispose of existing concrete sidewalk, complete for 55 SY $ $ $ $ $ $ 1, $ $ 1, $ $ 2, $ $ 1, $ $ $ $ 1, C Remove & dispose of existing concrete pavement, complete for 103 SY $ $ 1, $ $ 5, $ $ 2, $ $ 4, $ $ 5, $ $ 7, $ $ 2, $ $ 2, D Remove & dispose of existing headwall apron, complete for 35 SY $ $ $ $ 1, $ $ $ $ 2, $ $ 2, $ $ 3, $ $ $ $ 1, E Remove & dispose of existing wingwalls, complete for 2 EA $ 1, $ 2, $ 2, $ 4, $ 2, $ 4, $ $ 1, $ 2, $ 5, $ 2, $ 4, $ 4, $ 8, $ 1, $ 3, F Remove & dispose of existing 24" HDPE, complete for 17 LF $ $ $ $ $ $ $ $ $ $ 1, $ $ $ $ $ $ G Sawcut, remove, & dispose of existing 36" RCP (approx.46 LF 46 LF $ $ 1, $ $ 2, $ $ 1, $ $ $ $ 1, $ $ 2, $ $ $ $ total), complete for 105 Remove & dispose of existing asphalt pavement, complete for 175 SY $ $ 3, $ $ 2, $ $ 2, $ $ 7, $ $ 4, $ $ 2, $ $ 2, $ $ 1, Furnish and install Block Sodding (Bermuda) for all disturbed 425 SY $ 5.00 $ 2, $ 3.00 $ 1, $ 6.30 $ 2, $ $ 4, $ $ 4, $ 9.00 $ 3, $ $ 4, $ 6.30 $ 2, areas for Permanent Erosion Control, Cool or Warm, complete and in place, for 164 Furnish and install Hydromulch Seeding for all disturbed areas for 425 SY $ 2.00 $ $ 2.00 $ $ 3.20 $ 1, $ 3.00 $ 1, $ 7.00 $ 2, $ 4.00 $ 1, $ 4.00 $ 1, $ 3.15 $ 1, Temporary Erosion Control, Cool or Warm, using TxDOT application rates and seed types, complete and in place, for 340A Furnish and install 1.5-inch compacted thickness HMAC Type "D" 50 TN $ $ 7, $ $ 10, $ $ 10, $ $ 9, $ $ 9, $ $ 14, $ $ 12, $ $ 17, surface course, (Quantity calculated on 550 sy + 10%), complete and in place, for 340B Furnish and install 6-inch compacted thickness HMAC Type "B" 68 TN $ $ 13, $ $ 12, $ $ 11, $ $ 13, $ $ 14, $ $ 20, $ $ 17, $ $ 26, base course, (Quantity calculated on 162 sy +10%+ 13sy at 12"), complete and in place, for 354 Furnish Planing Asphalt Concrete Pavement (milling) full width of 375 SY $ $ 7, $ $ 9, $ $ 7, $ 9.00 $ 3, $ $ 3, $ $ 20, $ $ 19, $ $ 10, street to a depth of 1.5-inches, with edge treatments, complete and in place, for 360A Furnish and install standard 7-inch thick reinforced concrete 70 SY $ $ 6, $ $ 9, $ $ 5, $ $ 4, $ $ 9, $ $ 6, $ $ 7, $ $ 11, pavement and driveway, complete and in place, for 400A Provide Structural excavation (Box)(estimated quantity=455 CY), 1 LS $ 18, $ 18, $ 15, $ 15, $ 6, $ 6, $ 3, $ 3, $ 9, $ 9, $ 9, $ 9, $ 11, $ 11, $ 9, $ 9, complete and in place, for 400B Provide Structural excavation (Channel)(estimated quantity=270 1 LS $ 5, $ 5, $ 8, $ 8, $ 3, $ 3, $ 3, $ 3, $ 9, $ 9, $ 6, $ 6, $ 7, $ 7, $ 7, $ 7, CY), including shaping for placement of riprap, complete and in place, for 400C Furnish and install crushed stone bedding, (12-inches thick) with 75 CY $ $ 4, $ $ 3, $ $ 7, $ $ 5, $ $ 10, $ $ 5, $ $ 4, $ $ 15, geotextile fabric, for subgrade of box culvert, including extra excavation for placement, complete and in place, for 401 Furnish and install Cement stabilized backfill, (estimated 1 LS $ 21, $ 21, $ 25, $ 25, $ 35, $ 35, $ 21, $ 21, $ 30, $ 30, $ 26, $ 26, $ 25, $ 25, $ 34, $ 34, quantity=175 CY), complete and in place, for 402 Provide trench safety protection per OSHA requirements for 217 LF $ $ 2, $ 3.00 $ $ $ 4, $ $ 2, $ 3.60 $ $ $ 2, $ 5.00 $ 1, $ $ 17, trenches greater than 5 ft. in depth, complete and in place, for 432 Furnish and install Type 'R' riprap (depth = 12-inches), with 40 SY $ $ 2, $ $ 2, $ $ 2, $ $ 5, $ $ 8, $ $ 5, $ $ 5, $ $ 3, geotextile-fabric, complete and in place, for 450 Furnish and install pedestrian guard rail, complete and in place, for 30 LF $ $ 15, $ $ 4, $ $ 8, $ $ 19, $ $ 4, $ $ 3, $ $ 3, $ $ 6, A 462C 462D 462E Furnish and install reinforced concrete channel bottom and walls, including channel transition to proposed box culverts, and wall between proposed box culverts, with weep holes, (estimated concrete quantity=41 CY) complete and in place, for Furnish and install reinforced concrete flume extension to proposed channel, with 6-inch curb, complete and in place, for Furnish and install precast concrete box culvert, 5-ft wide by 3-ft high, including cast-in-place closure, curb, and with flowable fill backfill between culverts, complete and in place, for Furnish and install cast-in-place double barrel concrete box culvert, 5-ft wide by 3-ft high, with bend, complete and in place, for 65 LF $ $ 40, $ $ 35, $ $ 21, $ $ 39, $ $ 43, $ $ 58, $ 1, $ 78, $ 1, $ 65, LF $ $ 1, $ $ 1, $ $ $ $ $ $ 2, $ $ $ $ $ $ LF $ $ 114, $ $ 91, $ $ 74, $ $ 108, $ $ 35, $ $ 96, $ $ 117, $ $ 91, LF $ $ 31, $ $ 31, $ $ 18, $ $ 49, $ $ 51, $ $ 30, $ $ 42, $ $ 38, Furnish and install 30-inch Class III Reinforced Concrete Pipe, complete and in place, for 465A Furnish and install concrete Junction Box (JB-30A), with thickened top, as detailed on Sheet 11.0, complete and in place, for 45 LF $ $ 3, $ $ 9, $ $ 4, $ $ 3, $ $ 7, $ $ 3, $ $ 2, $ $ 10, EA $ 20, $ 20, $ 20, $ 20, $ 18, $ 18, $ 32, $ 32, $ 56, $ 56, $ 32, $ 32, $ 32, $ 32, $ 42, $ 42, B Furnish and install standard 10.0-foot x 3.0-foot (I.D.) concrete Curb 2 EA $ 6, $ 12, $ 7, $ 14, $ 7, $ 14, $ 5, $ 11, $ 6, $ 13, $ 7, $ 15, $ 5, $ 11, $ 5, $ 10, Inlet (CI-24A, & CI-24B), 4.50-foot depth, including inlet throat, gutter, and curb transition, complete and in place, for 465C Furnish and install standard 20.5-foot x 3.0-foot (I.D.) concrete Curb 1 EA $ 9, $ 9, $ 10, $ 10, $ 9, $ 9, $ 10, $ 10, $ 15, $ 15, $ 9, $ 9, $ 9, $ 9, $ 7, $ 7, Inlet (CI-25), 4.00-foot depth, including inlet throat, gutter, and curb transition, complete and in place, for 465D Furnish and install standard 20.5-foot x 3.0-foot (I.D.) concrete Curb 1 EA $ 10, $ 10, $ 10, $ 10, $ 10, $ 10, $ 10, $ 10, $ 15, $ 15, $ 9, $ 9, $ 9, $ 9, $ 8, $ 8, Inlet (CI-31), 4.50-foot depth, including inlet throat, gutter, and curb transition, complete and in place, for 500A Mobilization, for 1 LS $ 10, $ 10, $ 35, $ 35, $ 40, $ 40, $ 5, $ 5, $ 45, $ 45, $ 18, $ 18, $ 35, $ 35, $ 77, $ 77,000.00

54 Page 2 of 2 BID TABULATION CITY OF TYLER CIP PROJECT BID No Reynolds & Kay, LTD East Texas Bridge, Inc. JDR Contracting Baker & Reid Company, LLC. Capps-Capco Construction, Inc. A.E. Shull & Company Drewery Construction Co. Inc. Old Bullard Road at West Mud Creek Trib M-3 Drainage Improvements Engineer's Estimate PO Box 88 PO Box 6218 PO Box CR CR 192 PO Box SE Stallings Dr. Local Funds; TBC Project No Tyler, TX Longview, TX Van, TX Tyler, TX Tyler, TX Tyler, TX Nacogdoches, TX ITEM DESCRIPTION AND UNIT PRICE ESTIMATED UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 502A Furnish and install all barricades, signs, and traffic control, 6 MO $ 5, $ 30, $ $ 3, $ 3, $ 19, $ 3, $ 18, $ 2, $ 14, $ 4, $ 29, $ 1, $ 9, $ 2, $ 16, complete and in place for 502B Furnish & install Project Sign similar to the example given at the 1 EA $ $ $ $ $ 1, $ 1, $ 1, $ 1, $ $ $ 1, $ 1, $ 1, $ 1, $ 1, $ 1, end of section 17, complete and in place, for 506A Furnish, install, and maintain silt fence for erosion control, complete 150 LF $ 5.00 $ $ 2.00 $ $ 3.50 $ $ 5.00 $ $ 5.00 $ $ 4.00 $ $ 4.00 $ $ $ 1, and in place, for 506B Furnish, install, and maintain Gutter Buddy for erosion control, 2 EA $ $ $ $ $ $ 1, $ $ $ $ 1, $ $ 1, $ $ $ $ 1, complete and in place, for 506C Furnish, install, and maintain inlet sediment traps for erosion 4 EA $ $ $ $ $ $ 1, $ $ 1, $ $ 2, $ $ 3, $ $ $ $ 2, control, complete and in place, for 506D Furnish, install, and maintain concrete truck washout, complete 1 EA $ 1, $ 1, $ $ $ 1, $ 1, $ 2, $ 2, $ $ $ 3, $ 3, $ $ $ 1, $ 1, and in place, for 529 Furnish and install standard City of Tyler 8.0-inch x 30-inch 45 LF $ $ 2, $ $ 1, $ $ 1, $ $ 2, $ $ 1, $ $ 2, $ $ 1, $ $ 2, concrete curb and gutter, complete and in place, for 531 Construct 4-inch thick reinforced concrete sidewalk with thickened edge, as shown on construction plans (2% max cross-slope & 8.33% max running slope), complete and in place, for 62 SY $ $ 4, $ $ 4, $ $ 4, $ $ 4, $ $ 5, $ $ 4, $ $ 4, $ $ 8, Total Paving and Drainage Improvements: $ 472, $ 453, $ 441, $ 471, $ 534, $ 566, $ 574, $ 621, Water Improvements W-1 Furnish and install ductile iron fittings, complete and in place, for 320 LB $ 2.50 $ $ 6.00 $ 1, $ 5.50 $ 1, $ 4.00 $ 1, $ 1.15 $ $ $ 3, $ 3.50 $ 1, $ 9.00 $ 2, W-2 Furnish and install 8-inch Class 350 DIP water lines, with polywrap encasement and concrete stabilization, complete and in place, for W-3 Furnish and install select backfill in water line trench, as required, complete and in place, for W-4 Furnish and install 8-inch "Insertavalve" for isolation of existing waterline, complete and in place, for W-5 Perform planned waterline shutdown. Isolate existing water line. Cut and remove existing waterline, complete, for 402 Provide trench safety protection per OSHA requirements for trenches greater than 5 ft. in depth, complete and in place, for 40 LF $ $ 2, $ $ 4, $ $ 13, $ $ 3, $ $ 1, $ $ 1, $ $ 3, $ $ 2, LF $ $ $ 1.00 $ $ $ $ $ $ $ 1, $ $ $ $ 1, $ $ EA $ 7, $ 15, $ 7, $ 15, $ 8, $ 17, $ 7, $ 14, $ 7, $ 15, $ 6, $ 13, $ 8, $ 17, $ 8, $ 17, LF $ $ 4, $ $ 1, $ $ 2, $ $ 1, $ $ $ $ $ $ 2, $ $ 1, LF $ 1.00 $ $ 1.00 $ $ $ 2, $ 5.00 $ $ $ $ $ $ 2.50 $ $ $ 1, Total Water Improvements: $ 22, $ 23, $ 37, $ 20, $ 19, $ 20, $ 25, $ 25, Total Improvements: $ 495, $ 476, $ 478, $ 491, $ 553, $ 587, $ 599, $ 646, I, Rea S. Boudreaux, Professional Engineer, No do hereby certify that the above (SEVEN) sealed bids were received, opened, and read aloud in accordance with the advertised procedures and that this tabulation is a true and accurate representation of the bids received. Rea S. Boudreaux, P.E., No Texas Firm Registration No. F-242 The C. T. Brannon Corporation

55 Agenda Number: M-3 Date: February 13, 2019 CITY OF TYLER CITY COUNCIL COMMUNICATION Subject: Request that the City Council award the first of three (3) potential phases of cleaning and closed circuit television (CCTV) inspection of small (less than or equal to 18 inches) diameter sanitary sewer lines to Taplin Group, LLC for $568, Page: 1 of 2 Item Reference: The third phase (year three) of the Consent Decree work continues with the cleaning and closed circuit television (CCTV) inspection of sanitary sewer lines. The City was divided into basins to correspond with components of the capacity model, and then basins were prioritized according to criticality. Cleaning has been done basin by basin, of all line sizes, so that Consent Decree minimum lengths are met. Continuing into Phase 3, it was determined that the separation of the larger diameter from the smaller diameter lines was prudent both from a cost to clean and an asset management perspective. Inspection of small diameter lines (those less than or equal to 18 inches) is most effectively done with a CCTV camera, as the more thorough multi-sensor inspection equipment is too large for use in small diameter pipes. In addition, cleaning is feasibly only accomplished with water jetting tools. Sealed bids were evaluated according to the following criteria. Weight (%) 1. Proposal units prices and total price Company profile and general experience Experience with projects of this type and scope, 5 min Experience and references of key personnel, 3 min Safety record/financial profile 10 Total 100% The understanding is that the next two (2) phases of work for $844, (Phase 4) and $756,835,50 (Phase 5) are contingent upon successful and satisfactory completion of the Phase 3 work. Cleaning and inspection of these small diameter lines is approximately 56 percent of the cost of the same work done in Phases 1 and 2.

56 Agenda Item: Page: M-3 2 of 2 RECOMMENDATION: It is recommended that the City Council award the first of three (3) potential phases of cleaning and closed circuit television (CCTV) inspection of small (less than or equal to 18 inches) diameter sanitary sewer lines to Taplin Group, LLC for $568, ATTACHMENTS: 1. Bidder Rating 2. Basin Ranking and Schedule 3. Basin Map (work to be performed in Basins 4, 10, 11, 12, and 16) Drafted/Recommended By: Department Leader Edited/Submitted By: City Manager

57 Criteria / Company Taplin Ace ProPipe Aims/CSI CES Proposal Units Prices and Total Price Company Profile and General Experience Experience with Projects of this Type and Scope, 5 min Experience and References of Key Personnel, 3 min Safety Record/Financial Profile Phase 3 $ 568, $ 696, $ 568, $ 611, $ 965, Phase 4 $ 844, $ 1,110, $ 938, $ 913, $ 1,513, Phase 5 $ 756, $ 985, $ 823, $ 869, $ 1,352, Total $ 2,169, $ 2,792, $ 2,330, $ 2,394, $ 3,831, Alternative (Pano Camera) $ 127, Other Total $ 2,458, Phase 3 ($/ft) $ 2.08 $ 2.54 $ 2.08 $ 2.23 $ 3.53 Phase 4 ($/ft) $ 1.81 $ 2.38 $ 2.01 $ 1.96 $ 3.24 Phase 5 ($/ft) $ 1.85 $ 2.41 $ 2.01 $ 2.12 $ 3.30 Total ($/ft) $ 1.89 $ 2.43 $ 2.03 $ 2.08 $ 3.33

58 Clean and CCTV Inspection - Consent Decree Plan Rev. 01/24/2019 Priority Ranking Basin Basin Meter Size Total Basin (lf) Year 1 Year 2 Year 3 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 West , ,189 11, ,781 West ,372 14,860 10,512 25,372 West , ,031 4, ,364 West ,051 50, ,051 South ,622 69,752 5,870 75,622 South ,469 7, , ,469 West ,960 28,960-28,960 West ,049 78,427 13,622 92,049 South ,850 1, , ,850 West ,970 42,555 2,415 44,970 South ,130 30, , ,130 West ,619 13, , ,619 West ,250 4,994 53,256 58,250 West ,684 3,971 51,713 55,684 South ,863 6, , ,863 West , , ,051 South ,520 9, , ,520 Unmetered 57,887 39,185 18,702 57,887 West 1,2,3 218,726 69, , ,726 Total 3,578, , , , , , , , , ,285 3,578,218 Miles

59 THIS MAP WAS PREPARED BY THE CITY OF TYLER AND MAY BE REVISED WITHOUT NOTIFICATION TO ANY USER. ALTHOUGH THIS MAP IS BASED ON THE LATEST INFORMATION AVAILABLE TO THE CITY OF TYLER, NO WARRANTY, GUARANTEE, OR REPRESENTATION IS MADE BY THE CITY OF TYLER AS TO THE ABSOLUTE CORRECTNESS OR SUFFICIENCY OF ANY REPRESENTATION CONTAINED IN THIS MAP. THE USER IS ENCOURAGED TO CHECK WITH THE CITY TO VERIFY THAT THE MAP BEING USED IS THE LATEST, MOST CURRENT ONE AVAILABLE. (903) « «110 Basin 1 «49 «110 Basin 2 Mineola Hwy Basin 11 Basin Connector Basin 7 Basin 10 «64 Basin 3 Basin 13 «323 «64 Basin 8 «31 Basin 4 Basin 6 «323 E 5th St «31 Basin 14 «64 Basin 5 Basin 19 «31 Chandler Hwy Van Hwy W Erwin St W Gentry Pkwy W Front St «« Basin 18 Frankston Hwy N Palace Ave S Vine Ave W 4th St E Gentry Pkwy S Broadway Ave S Beckham Ave E 4th St E Front St Troup Hwy Basin 21 Legend Basins By Year Year 1 (2017) Year 2 (2018) Year 3 (2019) Year 4 (2020) Year 5 (2021) Basin 17 «155 Basin 16 «110 Basin 20 «49 W Grande Blvd S Broadway Ave E Grande Blvd Year 6 (2022) Year 7 (2023) Year 8 (2024) «49 Minor Roads Major Roads City Limits « City of Tyler Map Date: 11/19/2018 Map Projection: NAD 1983 StatePlane Texas North Central FIPS 4202 Feet Map Source: R:\Projects\Water Administration\ArcGIS Projects\BasinsByYearToComplete_8.5x11.mxd Th is produ ct is for inf ormat io na l p urposes and may not have been pre pa re d fo r or be suitab le fo r leg al, e ngineering, or surveying purpo ses. It do es no t rep re se nt an on-the-ground survey and rep re sen ts on ly t he app ro xim at e relative location of property bou nda ries. µ 1 inch = 9,275 feet Basin Cleaning & CCTVing Schedule

60 Agenda Number: M-4 Date: February 13, 2019 CITY OF TYLER CITY COUNCIL COMMUNICATION Subject: Request that the City Council award the multi-sensor and closed circuit television (CCTV) recording of large diameter wastewater (sanitary sewer) lines, City of Tyler Bid Number , to Ace Pipe Cleaning for $1,422, Page: 1 of 2 Item Reference: The third phase (year three) of the Consent Decree work continues with the cleaning and closed circuit television (CCTV) inspection of sanitary sewer lines. The City was divided into basins to correspond with components of the capacity model, and then basins were prioritized according to criticality. Cleaning has been done basin by basin, of all line sizes, so that Consent Decree minimum lengths are met. Continuing into Phase 3, it was determined that the separation of the larger diameter from the smaller diameter lines was prudent both from a cost to clean and an asset management perspective. Cleaning of large diameter lines is much more expensive than cleaning small diameter, and the cleaning may not need to be nearly as intensive as the typical water jetting that is done in small diameter lines. Thus, cost savings may result. The data gathered provides a more complete picture of pipe health, and gives the City the opportunity to better manage the asset. In addition, very large sanitary sewer overflows (SSO), like the County Road 427 creek crossing before Thanksgiving 2018, may be avoided because the large diameter lines are inspected in one (1) year, as opposed to spreading them out when basins are cleaned as a whole. Thus, taking six (6) more years to inspect. The cost of that one (1) SSO is almost 3.5 times the cost of the work proposed here. Sealed bids were evaluated according to the following criteria. Weight (%) 1. Proposal units prices and total price Company profile and general experience Experience with projects of this type and scope, 5 min Experience and references of key personnel, 3 min Safety record/financial profile 10 Total 100%

61 RECOMMENDATION: It is recommended that the City Council award the multi-sensor and closed circuit television (CCTV) recording of large diameter wastewater (sanitary sewer) lines, City of Tyler Bid Number , to Ace Pipe Cleaning for $1,422, ATTACHMENTS: 1. Bidder Rating 2. Basin Ranking and Schedule 3. Basin Map (work to be performed in all but Basins 5 and 12) Drafted/Recommended By: Department Leader Edited/Submitted By: City Manager

62 Criteria / Company Ace RedZone Proposal Units Prices and Total Price Company Profile and General Experience Experience with Projects of this Type and Scope, 5 min Experience and References of Key Personnel, 3 min Safety Record/Financial Profile Total $ 1,422, $ 1,349, $ 73, % $/ft $ 6.18 $ 5.86

63 Clean and CCTV Inspection - Consent Decree Plan Rev. 01/24/2019 Priority Ranking Basin Basin Meter Size Total Basin (lf) Year 1 Year 2 Year 3 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 West , ,189 11, ,781 West ,372 14,860 10,512 25,372 West , ,031 4, ,364 West ,051 50, ,051 South ,622 69,752 5,870 75,622 South ,469 7, , ,469 West ,960 28,960-28,960 West ,049 78,427 13,622 92,049 South ,850 1, , ,850 West ,970 42,555 2,415 44,970 South ,130 30, , ,130 West ,619 13, , ,619 West ,250 4,994 53,256 58,250 West ,684 3,971 51,713 55,684 South ,863 6, , ,863 West , , ,051 South ,520 9, , ,520 Unmetered 57,887 39,185 18,702 57,887 West 1,2,3 218,726 69, , ,726 Total 3,578, , , , , , , , , ,285 3,578,218 Miles

64 THIS MAP WAS PREPARED BY THE CITY OF TYLER AND MAY BE REVISED WITHOUT NOTIFICATION TO ANY USER. ALTHOUGH THIS MAP IS BASED ON THE LATEST INFORMATION AVAILABLE TO THE CITY OF TYLER, NO WARRANTY, GUARANTEE, OR REPRESENTATION IS MADE BY THE CITY OF TYLER AS TO THE ABSOLUTE CORRECTNESS OR SUFFICIENCY OF ANY REPRESENTATION CONTAINED IN THIS MAP. THE USER IS ENCOURAGED TO CHECK WITH THE CITY TO VERIFY THAT THE MAP BEING USED IS THE LATEST, MOST CURRENT ONE AVAILABLE. (903) « «110 Basin 1 «49 «110 Basin 2 Mineola Hwy Basin 11 Basin Connector Basin 7 Basin 10 «64 Basin 3 Basin 13 «323 «64 Basin 8 «31 Basin 4 Basin 6 «323 E 5th St «31 Basin 14 «64 Basin 5 Basin 19 «31 Chandler Hwy Van Hwy W Erwin St W Gentry Pkwy W Front St «« Basin 18 Frankston Hwy N Palace Ave S Vine Ave W 4th St E Gentry Pkwy S Broadway Ave S Beckham Ave E 4th St E Front St Troup Hwy Basin 21 Legend Basins By Year Year 1 (2017) Year 2 (2018) Year 3 (2019) Year 4 (2020) Year 5 (2021) Basin 17 «155 Basin 16 «110 Basin 20 «49 W Grande Blvd S Broadway Ave E Grande Blvd Year 6 (2022) Year 7 (2023) Year 8 (2024) «49 Minor Roads Major Roads City Limits « City of Tyler Map Date: 11/19/2018 Map Projection: NAD 1983 StatePlane Texas North Central FIPS 4202 Feet Map Source: R:\Projects\Water Administration\ArcGIS Projects\BasinsByYearToComplete_8.5x11.mxd Th is produ ct is for inf ormat io na l p urposes and may not have been pre pa re d fo r or be suitab le fo r leg al, e ngineering, or surveying purpo ses. It do es no t rep re se nt an on-the-ground survey and rep re sen ts on ly t he app ro xim at e relative location of property bou nda ries. µ 1 inch = 9,275 feet Basin Cleaning & CCTVing Schedule

65 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-5 Date: February 13, 2019 Subject: Request the City Council consider authorizing the City Manager to award TIPS contract number for Faulkner Park skate park construction to Transcend, Inc. d/b/a SPA Skateparks of Austin, Texas to furnish all necessary materials, equipment, superintendence, and labor for an amount not to exceed $188,220. Page: 1 of 2 Item Reference: The City s current skate park at Nobel E. Young Park has become in need of several major repairs. Some have been made to keep safety concerns at a minimum. The overall plan is to relocate the skate park from a Community Park into a Regional Park. Faulkner Park has the best available space and convenience for public access and safety. This will also allow for large events to be held in the future once other phases have been completed. In the initial stages, City staff had an open forum with a large number of citizens for design input. This was well received by all involved. The current park has over 14,000 square feet of skating space. This first phase is only 3,500 square feet. Staff is recommending delay of demolition until after the second phase is completed in next year s budget. Any areas that are deemed unsafe, staff would demolish before then. City staff researched bids to furnish all necessary materials, equipment, superintendence and labor. SPA Skateparks furnished the best overall proposal and price for a professionally constructed skate park through the approved TIPS purchasing coop in the amount of $188,220. Funding Source: Parks Capital Budget and Donations RECOMMENDATIONS: It is recommended that the City Council authorize the City Manager to award TIPS contract number for Faulkner Park skate park construction to Transcend, Inc. d/b/a SPA Skateparks of Austin, Texas to furnish all necessary materials, equipment, superintendence, and labor for an amount not to exceed $188,220. ATTACHMENTS: 1. TIPS Bid Sheet 2. Design Sheet

66 Agenda Item: M-5 Page: 2 of 2 Drafted/Recommended By: Department Leader Russ Jackson Parks & Recreation Director Edited/Submitted By: City Manager

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70 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: M-6 Date: February 13, 2019 Subject: Page: 1 of 2 Request that City Council consider authorizing the City Manager to award the TIPS Purchasing Cooperative quote for Southside Park Inclusive Playground Equipment Bid to Child s Play, Inc., of Dallas, Texas, to furnish all necessary materials, equipment, superintendence, and labor for an amount not to exceed $557, Item Reference: Half Cent CIP Project, 2/12/2019 City of Tyler staff, while working with the Tyler Area Ambucs Foundation, researched bids from the TIPS purchasing cooperative for all necessary materials, equipment, superintendence, and labor for the Southside Park Inclusive Playground Equipment project. This will allow for the equipment to be ordered and be ready for delivery and construction once the sidewalks and site work have been completed. Design and engineering are underway, and projected to finish the first week of March. Staff will then go out to bid for electrical and concrete (unless a concrete donation can be secured). Permission to open these bids will go through the Half Cent Sales Tax Commission then to City Council in May. This project is funded by the Half Cent Sales Tax Capital Improvement Fund along with the required donations of a minimum of $300,000. RECOMMENDATIONS: It is recommended that Council authorize the City Manager to award the TIPS Purchasing Cooperative vendor for Child s Play Inc., of Dallas, Texas to furnish all necessary materials, equipment, superintendence, and labor for the Southside Park Inclusive Playground Equipment project in an amount not to exceed $557, ATTACHMENTS: 1. Bid Sheet 2. Design Layout Drafted/Recommended By: Department Leader Russ Jackson Parks & Recreation Director Edited/Submitted By: City Manager

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73 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-1 Date: February 13, 2019 Subject: Request that the City Council consider authorizing the City Manager to approve purchasing goods from February 2018 to February 2020 through BuyBoard Purchasing Cooperative (BuyBoard), the Houston Galveston Area Cooperative (HGAC), Texas Multiple Awards Schedule (TXMAS), Texas SmartBuy (SmartBuy), The Cooperative Purchasing Network (TCPN), The Interlocal Purchasing System (TIPS), U.S. Communities Government Purchasing Alliance (USC) and First Choice Cooperative (1 st Choice) whereby the City of Tyler can take full advantage of purchasing any and all items available through the cooperatives. Also, request that the City Council consider authorizing the City Manager to utilize various Purchasing Cooperatives and various vendors as sole source for parts and service from February 2018 to February Page: 1 of 6 Item Reference: 02/14/2018 CA5 - Purchasing Coop and Sole Source Vendors The State of Texas Local Government Code Subchapter F. Cooperative Purchasing Program provides a mechanism for cities to contract with vendors for the purchase of materials, supplies, services and/or equipment as an alternative to a lengthy sealed bid process. The City of Tyler has been participating in the usage of the various cooperative agreements and boards. The City is able to purchase specifically designated items through the pricing obtained by the cooperatives. This arrangement has benefited the City in several ways: 1. Lower costs for items through combined purchases; 2. Increased convenience by requiring less staff time for using the prices already available rather than having to go through the bidding process; 3. Receiving rebates at the end of the year. The contracts/pricing can be used to satisfy state law bidding requirements in the same manner as purchasing through the state price lists or other governmental entity lists that are available. Staff can compare the prices available and make recommendations that best suit the City s needs. Staff recommends participation in the Buy Board Purchasing Cooperative as well as the Houston Galveston Area Cooperative (HGAC), Texas Multiple Awards Schedule (TXMAS), Texas SmartBuy (SmartBuy), The Cooperative Purchasing Network (TCPN), The Interlocal Purchasing System (TIPS), U.S. Communities Government Purchasing Alliance (USC) and First Choice Cooperative (1 st Choice), which will allow staff to take advantage of cost savings in a more efficient and timely way.

74 Agenda Number: C-A-1 Page 2 of 6 The fleet maintenance program purchases numerous parts to maintain various units in the fleet. Requirements will be ordered as needed by the City of Tyler. After meeting with City departments, Vehicle Services researched bids with City specified options through the various purchasing cooperatives, and recommends utilizing the following various vendors for future sole source and cooperative purchases: Vendor Aaxion Inc., of Tyler, TX Advance Auto Parts, of Charlotte NC Advanced Power Equipment, of Tyler, TX Alliance Bus Group, of Lewisville, TX Alliance Wireless Technologies, of Houston, TX American Integrated Security Group Applied Concepts, of Plano TX ASCO Equipment of Tyler, TX Bond Equipment Company, of Dallas, TX Creative Bus Sales of Marietta, GA East TX Mack Sales, LLC, of Dallas, TX Fastenal Company, of Tyler, TX Fire-Teck, LLC., of Lindale, TX Purchases Parker Fittings and Hoses Automotive/Truck Parts and Supplies Exmark Mower Parts Bus Parts and Service Solid Waste Truck Camera Parts Oakwood Camera and Security Systems Stalker Radar systems CASE Equipment Parts and Service CCC Truck Parts and Service Bus Parts and Service Mack Truck Parts and Service Automotive/Truck Parts and Supplies Fire Apparatus Service Buy Board # # HGAC TCPN TIPS EF04-15 #R # TXMAS/ SmartBuy #11-51V020 1st Choice USC Sole Source Local OEM Dealer Local OEM Dealer OEM OEM Regional OEM Dealer OEM Local OEM Dealer Regional OEM Dealer OEM Regional OEM Dealer Local Certified Service Provider Galileo Technologies of Arcadia, CA Nanobox CNG Station Parts and Service OEM

75 Agenda Number: C-A-1 Page 3 of 6 Vendor Gillig LLC, of San Francisco, CA Goolsbee Tire, of Tyler, TX Grainger INC. of Palatine, IL GT Distributors Hall Volvo of Tyler, TX Heil of Texas, of Dallas, TX Industrial Disposal Supply, of Plano, TX J&R Equipment, of Oklahoma City, OK Kinloch Equipment & Supply, Inc., of Pasadena, TX Lift Truck Supply, of Tyler TX Lone Star Harley Davidson of Tyler, TX LOWE Tractor and Equipment, of Tyler, TX Lytx, Inc. of Los Angeles, CA McNeilus Truck & Manufacturing, Inc., of Hutchins, TX MSC Industrial Supply Co., of St Louis, MO Multiseal Corp., of Spring TX Purchases Bus Parts Tires and Service Supplies and Equipment Police Patrol Equipment Truck Parts and Service Heil Refuse Body Parts Equipment and Parts Labrie refuse truck OEM parts and service Buy Board # # # Parts and Service # Forklift parts and service Motorcycle Service and Parts Parts and Service DriveCam cameras and Supplies HGAC TCPN TIPS #R TXMAS/ SmartBuy # st Choice SC2133 USC Sole Source OEM Local OEM Dealer Regional OEM Dealer Regional OEM Dealer Regional OEM Dealer Regional Authorized Dealer Local Certified Service Provider Local Certified Service Provider Local OEM Dealer Parts and Service # OEM Auto Parts Environmentally friendly tire seals #13-51V030 OEM OEM Patterson Dodge, of Tyler TX Dodge, Ram OEM parts and service Local OEM Dealer

76 Agenda Number: C-A-1 Page 4 of 6 Vendor Pegues Hurst Ford, of Longview TX Peltier Enterprises, of Tyler TX Price International, of Tyler, TX Professional Turf Products of Euless, TX Rehrig Pacific Company, of Dallas, TX Rush Truck Center, of Tyler TX Safety Vision Inc. of Houston, TX Southern Tire, of Tyler, TX Stewart & Stevenson Inc. of Dallas, TX Syn-Tech Systems, of Tallahassee FL T and W Tire LLC of Oklahoma City, OK Terex Utilities, of Fort Worth TX Tremco Products, of North Billerica MA Tyler Ford, of Tyler TX Tyler Truck Center, of Tyler, TX United Ag & Turf Inc. of Tyler, TX Versalift Southwest, of Waco TX W C Supply, of Tyler TX Purchases Ford Truck Parts and Service Chevrolet and Nissan OEM parts and service Truck Parts and Service Toro Equipment Parts and Service Containers, Carts, and Parts CNG Truck Parts and Repair Truck Cameras and parts Buy Board # Tires and Supplies # Allison Transmission parts and service Fuel Master OEM parts and service Tires and Service Terex Bucket truck OEM parts and service Police Anti-theft systems Ford OEM parts and service Truck Parts and Service John Deere Tractor Parts and Service Versalift Bucket truck OEM parts and service Brake Shoe Realignment # HGAC TCPN TIPS TXMAS/ SmartBuy #15-23V02 1st Choice USC #00254 Sole Source Regional OEM Dealer Local OEM Dealer Regional OEM Dealer Local Certified Service Provider OEM Regional Certified Service Provider OEM OEM OEM Local OEM Dealer Regional Authorized Dealer Local OEM Dealer OEM Local OEM Dealer

77 Agenda Number: C-A-1 Page 5 of 6 Vendor Purchases Buy Board HGAC TCPN TIPS TXMAS/ SmartBuy 1st Choice USC Sole Source Waukesha- Pierce IND., INC of Dallas, TX Gradall Parts and Service Regional OEM Dealer Zone Defense LLC of St. Petersburg, FL Solid Waste Truck Camera Parts OEM RECOMMENDATION: Recommend that the City Council authorize the City Manager to approve purchasing goods through Buy Board Purchasing Cooperative (Buy Board), the Houston Galveston Area Cooperative (HGAC), Texas Multiple Awards Schedule (TXMAS), Texas SmartBuy (SmartBuy), The Cooperative Purchasing Network (TCPN), The Interlocal Purchasing System (TIPS), U.S. Communities Government Purchasing Alliance (USC) and First Choice Cooperative (1 st Choice) whereby the City of Tyler can take full advantage of purchasing any and all items available through the cooperatives. It is also recommended that the City Council consider authorizing the City Manager to utilize various Purchasing Cooperatives and various vendors as sole source for parts and service from February 2019 to February ATTACHMENTS: 1. Expected Purchases Drafted/Recommended By: Department Leader Stan Stoffregen Vehicle Services Manager Edited/Submitted By: City Manager

78 Attachment Purchasing Co-op/Sole Source Purchase Description February 2019 February 20 Vendor Expected Purchase. Aaxion Inc., of Tyler, TX Parker Fittings and Hoses $ 25,000 Advance Auto Parts, of Charlotte NC Automotive/Truck Parts and Supplies $ 5,000 Advanced Power Equipment, of Tyler, TX Exmark Mower Parts $ 5,000 Alliance Bus Group, of Lewisville, TX Bus Parts and Service $ 14,000 Alliance Wireless Technologies, of Houston, TX Solid Waste Truck Camera Parts $ 2,000 American Integrated Security Group Oakwood Camera and Security Systems $ 1,000 Applied Concepts, of Plano TX Stalker Radar systems $ 50,000 ASCO Equipment of Tyler, TX CASE Equipment Parts and Service $ 12,000 Bond Equipment Company, of Dallas, TX CCC Truck Parts and Service $ 60,000 Creative Bus Sales of Marietta, GA Bus Parts and Service $ 100,000 East TX Mack Sales, LLC, of Dallas, TX Mack Truck Parts and Service $ 100,000 Fastenal Company, of Tyler, TX Automotive/Truck Parts and Supplies $ 20,000 Fire-Teck, LLC., of Lindale, TX Fire Apparatus Service $ 100,000 Galileo Technologies Corporation, of Arcadia, CA Nanobox CNG Station Parts and Service $ 20,000 Gillig LLC, of San Francisco, CA Bus Parts $ 2,000 Goolsbee Tire, of Tyler, TX Tires and Service $ 75,000 Grainger INC. of Palatine, IL Supplies and Equipment $ 35,000 GT Distributors Police Patrol Equipment $ 185,000 Hall Volvo of Tyler, TX Truck Parts and Service $ 12,000 Heil of Texas, of Dallas, TX Heil Refuse Body Parts $ 100,000 Industrial Disposal Supply, of Plano, TX Equipment and Parts $ 13,000 J&R Equipment, of Oklahoma City, OK

79 Labrie refuse truck OEM parts and service $ 2,000 Kinloch Equipment & Supply, Inc., of Pasadena, TX Parts and Service $ 55,000 Lift Truck Supply, of Tyler TX Forklift parts and service $ 7,000 Lone Star Harley Davidson of Tyler, TX Motorcycle Service and Parts $ 10,000 LOWE Tractor and Equipment, of Tyler, TX Parts and Service $ 10,000 Lytx, Inc. of Los Angeles, CA DriveCam cameras and Supplies $ 3,000 McNeilus Truck & Manufacturing, Inc., of Hutchins, TX Parts and Service $ 60,000 MSC Industrial Supply Co., of St Louis, MO Auto Parts $ 16,000 Multiseal Corp., of Spring TX Environmentally friendly tire seals $ 18,000 Patterson Dodge, of Tyler TX Dodge, Ram OEM parts and service $ 30,000 Pegues Hurst Ford, of Longview TX Ford Truck Parts and Service $ 20,000 Peltier Enterprises, of Tyler TX Chevrolet and Nissan OEM parts and service $ 7,000 Price International, of Tyler, TX Truck Parts and Service $ 90,000 Profesional Turf Products of Euless, TX Toro Equipment Parts and Service $ 15,000 Rehrig Pacific Company, of Dallas, TX Containers, Carts, and Parts $ 150,000 Rush Truck Center, of Tyler TX CNG Truck Parts and Repair $ 40,000 Safety Vision Inc. of Houston, TX Truck Cameras and parts $ 2,000 Southern Tire, of Tyler, TX Tires and Supplies $ 2,000 Stewart & Stevenson Inc. of Dallas, TX Allison Transmission parts and service $ 12,000 Syn-Tech Systems, of Tallahassee FL Fuel Master OEM parts and service $ 3,000 T and W Tire LLC of Oklahoma City, OK Tires and Service $ 370,000 Terex Utilities, of Fort Worth TX Terex Bucket truck OEM parts and service $ 3,000 Tremco Products, of North Bellarica MA Police Anti-theft systems $ 5,000 Tyler Ford, of Tyler TX Ford OEM parts and service $ 45,000 Tyler Truck Center, of Tyler, TX

80 Truck Parts and Service $ 40,000 United Ag & Turf Inc. of Tyler, TX John Deere Tractor Parts and Service $ 14,000 Versalift Southwest, of Waco TX Versalift Bucket truck OEM parts and service $ 3,000 W C Supply, of Tyler TX Brake Shoe Realignment $ 45,000 Waukesha-Pierce IND., INC of Dallas, TX Gradall Parts and Service $ 2,000 Zone Defense LLC of St. Petersburg, FL Solid Waste Truck Camera Parts $ 15,000 Grand Total $ 2,030,000

81 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-2 Date: February 13, 2019 Subject: Request that the City Council consider authorizing the City Manager to purchase vehicles from lowest bidder and The Interlocal Purchasing System (TIPS) Cooperative as part of the Fleet Replacement Program. Page: 1 of 2 Item Reference: Item CA2, Council Agenda September 12, 2018 The fleet replacement program budgets for departments to replace their vehicles on a regular schedule, particularly those with mileage and/or maintenance cost expectations. After meeting with these departments, Vehicle Services researched bids with City specified options recommends awarding the chosen vendor: Purpose Vehicle Cost Vendor Department Replacement Ratify Price Change (1) 2019 RAM 1500 Crew Cab V8 (2) 2019 Mack Granite GR64B w/ Galbreath Roll-Off Hoist Less Trade In Total $25, $359, ($289,202.00) $70, Patterson CDJR, of Tyler, TX East Texas Mack, of Longview, Texas TIPS Contract # Parks Admin Solid Waste Commercial FUNDING: from budgeted monies in the Vehicle Services Capital Purchase Account: FY2019 and Solid Waste capital Account FY2019. RECOMMENDATION: It is recommend that the City Council consider authorizing the City Manager to purchase the above specified vehicles from lowest bidder and The Interlocal Purchasing System (TIPS) Cooperative as part of the Fleet Replacement Program ATTACHMENTS: 1. Truck Bid tally

82 Agenda Number: C-A-2 Page: 2 of 2 Drafted/Recommended By: Department Leader Stan Stoffregen Vehicle Services Manager Edited/Submitted By: City Manager

83 Parks Pickup Truck Bid Tally Vendor Vehicle Price Patterson CDJR 2019 Ram 1500 $ 25, Tyler Ford 2019 Ford F150 $ 26, Caldwell Country 2019 Chevy Silverado 1500 $ 28, Dodge City No bid

84 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-3 Date: February 13, 2019 Subject: Request that the City Council consider extending the contract (RFP ) for Paratransit Overflow Services for another one-year term. Page: 1 of 1 Item Reference: Item M-2, City Council Agenda February 10, 2016 Tyler Transit issued RFP on February 12, 2016 for Paratransit Overflow Services. This bid was awarded with four (4) additional one (1) year extensions. After evaluation of last year, Transit staff recommends extending the contract for another year for the following reasons. Will help continue in servicing our clients trip needs. Will help continue meeting our growing trip capacity. Will help continue to ensure reliability of the Paratransit service. The one-year extension will be from February 12, 2019 to February 12, RECOMMENDATION: It is recommended that the City Council extend the contract (RFP ) for Paratransit Overflow Services for another one-year term. Drafted/Recommended By: Department Leader Robert Gil, Transit General Manager Edited/Submitted By: City Manager

85 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-4 Date: February 13, 2019 Subject: Request that the City Council consider declaring a 1992 Patriot Mobile Home as surplus, authorize it for auction, and authorize the City Manager to sign any necessary paperwork pertaining to its auction and sale. Page: 1 of 1 Item Reference: The Solid Waste Department and the City of Tyler Purchasing Manager have identified a 1992 Patriot Mobile Home that is on city property located at Highway 31 East as surplus property and in the best interest of the City of Tyler to auction to the highest bidder. The mobile home is in need of a new roof, two new sets of steps, new gutters and skirting, and new carpet. The fair market value for this mobile home is $4, The mobile home will be sold as is to the highest bidder. The bidder will be required to remove the mobile home from the property at Highway 31 East. RECOMMENDATION: It is recommended that the City Council declare the 1992 Patriot Mobile Home as surplus and ready to be auctioned and authorize the City Manager to sign any necessary paperwork pertaining its auction and sale. Drafted/Recommended By: Department Leader Leroy Sparrow Solid Waste Director Edited/Submitted By: City Manager

86 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-5 Date: February 13, 2019 Subject: Request that the City Council consider authorizing the City Manager to execute an easement and right of way agreement for Oncor Electric Delivery Company LLC to install an electrical line across City-owned property at Hughey Drive and Old Noonday Road. Page: 1 of 1 Item Reference: The City of Tyler owns the lot at the intersection of Hughey Drive and Old Noonday Road. New office buildings are being planned for construction at the corner of Old Noonday Road and Mosely Street. Oncor needs to install a new electrical line to service the new buildings and has requested a 10-foot wide easement across the City-owned property at Hughey Drive. The easement will be adjacent to the southern right-of-way line for Hughey Drive and extend the full length of the property. There is no cost to the City associated with the easement or with the installation of the electrical line. A location map and copy of the easement and right of way agreement are attached for review. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an easement and right of way agreement for Oncor Electric Delivery Company LLC to install an electrical line across City-owned property at Hughey Drive and Old Noonday Road. ATTACHMENTS: 1. Location Map 2. Easement and Right of Way Agreement Drafted/Recommended By: Department Leader Scott Taylor, P.E., Managing Director of Utilities and Public Works Edited/Submitted By: City Manager

87 ALTHOUGH THIS MAP IS BASED ON THE LATEST INFORMATION AVAILABLE TO THE CITY OF TYLER, NO WARRANTY, GUARANTEE, OR REPRESENTATION IS MADE BY THE CITY OF TYLER AS TO THE ABSOLUTE CORRECTNESS OR SUFFICIENCY OF ANY REPRESENTATION CONTAINED IN THIS MAP. THE USER IS ENCOURAGED TO CHECK WITH THE CITY TO VERIFY THAT THE MAP BEING USED IS THE LATEST, MOST CURRENT ONE AVAILABLE. (903) This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. y Dr Hug he Map Date: 2/1/2019 Map Projection: NAD 1983 StatePlane Texas North Central FIPS 4202 Feet Map Source: R:\Projects\Water Administration\ArcGIS Projects\OncoreEasementHugheyDriive.mxd Requested 10' Easement Parcel Boundaries 1 inch = 50 feet Parcel of Interest µ Rd THIS MAP WAS PREPARED BY THE CITY OF TYLER AND MAY BE REVISED WITHOUT NOTIFICATION TO ANY USER. y oonda City of Tyler Ol d N Oncor Easement - Hughey Drive Mosley St

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92 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-6 Date: February 13, 2019 Subject: Request that the City Council consider adoption of an ordinance amending Tyler City Code Chapter 6 by amending the 2015 International Residential Code story height and maximum stud length provisions related to engineered designs by providing an exception for wood framing walls. Page: 1 of 2 Item Reference: Texas Local Government Sections through ; Tyler City Code Sections through Texas Local Government Code Section (a) adopts the International Residential Code (IRC) as it existed on May 1, 2001, as the standard municipal residential building code in the State. Texas Local Government Code Section (b) states that the IRC applies to all construction, alteration, remodeling, enlargement, and repair of residential structures in a municipality. Under Section (c), municipalities may establish procedures to adopt local amendments to the IRC, as well as for the administration and enforcement thereof. On January 24, 2018, the City Council adopted the 2015 Edition of the IRC with amendments, so that code is currently in effect in Tyler. That ordinance also provided for a six-month transition period for implementation and enforcement of the new code. Engineered Designs; Story Height. As currently written, IRC Section R301.3 requires that an engineered design or stamp is mandated when the story height of a structure is over the 10 feet plate height. This requirement is inconsistent with past practice, is not being practiced in many other municipalities, and places a substantial undue burden on residential builders. Following review, staff recommends that this mandate be exempted for wood wall framing. It is also recommend that a similar exception be provided for the maximum stud length provisions in Section R This proposed ordinance was reviewed by the Construction Board of Adjustment and Appeals on January 17, The board unanimously recommend adoption. RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Tyler City Code Chapter 6 by amending the 2015 International Residential Code story height and maximum stud length provisions related to engineered designs by providing an exception for wood framing walls.

93 Agenda Number: C-A-6 Page: 2 of 2 ATTACHMENTS: International Residential Code Ordinance Drafted/Recommended By: Department Leader Stephanie Franklin, Managing Director Edited/Submitted By: City Manager

94 ORDINANCE NO. O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AMENDING CHAPTER 6, BUILDINGS AND STRUCTURES, ARTICLE IX., RESIDENTIAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF TYLER, TEXAS, BY AMENDING THE 2015 INTERNATIONAL RESIDENTIAL CODE STORY HEIGHT AND MAXIMUM STUD LENGTH PROVISIONS RELATED TO ENGINEERED DESIGNS BY PROVIDING AN EXCEPTION FOR WOOD FRAMING WALLS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Council to protect the public health, safety and welfare; and WHEREAS, as part of the ongoing recodification and review of City ordinances, it is necessary to amend certain chapters of the Code to reflect current policies and procedures of the City and to be consistent with changing state and federal statutes; and WHEREAS, Texas Local Government Code Section (a) adopts the International Residential Code as the standard municipal residential building Code in the State; and WHEREAS, Texas Local Government Code Section states that municipalities may establish procedures to adopt local amendments to the International Residential Code, as well as for the administration and enforcement thereof; and WHEREAS, the 2015 version of the International Residential Code with amendments is adopted in Tyler City Code Section and is currently in effect; and WHEREAS, IRC Sec currently requires that an engineered design is mandated whenever the story height of a structure is over the 10 feet plate height; and WHEREAS, the current requirement in IRC Sec places a substantial undue burden on residential builders; and WHEREAS, the engineering design requirement in IRC Sec should provide an exception for wood wall framing; and WHEREAS, the engineering design requirement should also provide an exception for the maximum stud lengths referenced in Section R602; and WHEREAS, these proposed amendments were reviewed by the Construction Board of Adjustment and Appeals and the Board recommended that they should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That Tyler City Code Chapter 6, Buildings and Structures, Article IX., Residential Code, is hereby amended by Section to read as follows: Section Amendments to residential code.

95 The 2015 International Residential Code, as adopted in Section 6-150, is amended as follows: a.through f. No changes g. Section R301.3 is amended to read as follows: R301.3 Story height. Buildings constructed in accordance with these provisions shall be limited to story heights of not more than the following: Sections 1. through 5. No changes Individual walls or wall studs shall be permitted to exceed these limits as permitted by Chapter 6 provisions, provided story heights are not exceeded. Floor framing height shall be permitted to exceed these limited provided the story height does not exceed 11 feet 7 inches (3531 mm). An engineered design shall be provided for the wall or wall framing members when they exceed the limits of Chapter 6. Where the story height limits are exceeded, an engineered design shall be provided in accordance with the International Building Code for the over-all wind and seismic force resisting systems. Exception: Engineered drawings are not required for wood framing walls that exceed the story height in Section R301.3 and the maximum stud length referenced in Section R602. (Ord. No ; 2/13/19) Current subsections g. through h. are hereby re-ordered as new Subsections h. and i., with no other changes. j. Section R602. is amended by adding a new Section R to read as follows: R Exception. Engineered drawings are not required for wood framing walls that exceed the story height in Section R301.3 and the maximum stud length referenced in Section R602. (Ord. No ; 2/13/19) Current Subsections i.through m. are hereby re-ordered as new Subsections k.. through o., with no other changes. (Ord. No. O ; 1/24/07) (Ord. No. O ; 3/27/13) (Ord. No. O ; 2/24/16) (Ord. No. O ; 1/24/18) (Ord. No ; 2/13/19) PART 3: That if any provision or any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 4. That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as provided in Section 1-4 of the Tyler Code. Each day such violation shall continue, or be permitted to continue, shall be deemed a separate offense. Since this ordinance has a penalty for violation, it shall not become effective until its publication in the newspaper as provided by Section 85 of the Charter of the City of Tyler, Texas, which date is expected to be February 15, PASSED AND APPROVED this 13th day of February, A. D., 2019.

96 MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T: APPROVED: CASSANDRA BRAGER, CITY CLERK DEBORAH G. PULLUM, CITY ATTORNEY

97 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: C-A-7 Date: February 13, 2019 Subject: Request that the City Council consider authorizing the City Manager to pay for the American Disabilities Act (ADA) review, plan review, site inspection, and electrical and plumbing design for Fun Forest Park and Woldert Park construction projects provided by various professional services and paid for by The C.T. Brannon Corporation in the amount of $20, Page: 1 of 1 Item Reference: M-3 9/12/2018 Fun Forest Park and Woldert Park Repurpose Funds On September 12, 2018, City Council approved The C.T. Brannon Corporation for their professional design fees in the amount of $50,000. The added professional services fees, from various vendors in the amount of $20,190.50, is above their scope of the original approved agreement. These services are necessary work in order to move forward with proposed and approved construction phases for these parks. Funding Source: Half Cent Fund ATTACHMENTS 1. Subconsultant Fee Breakdown Drafted/Recommended By: Department Leader Russ Jackson, Parks & Recreation Director Edited/Submitted By: City Manager

98 THE C.T. BRANNON CORPORATION AQUATIC CONSULTANTS CIVIL ENGINEERS AIRPORT CONSULTANTS February 5, 2019 Russ Jackson City of Tyler Parks & Recreation RE: Subconsultant Fee Breakdown Fun Forest Park & Woldert Park Improvements Russ, This letter is in response to your request for an explanation of subconsultant fees for design services for the Fun Forest Park and Woldert Park project. Please find a breakdown of fees below. Architectural Services ($15,950) During the course of design we discovered the existing bathhouse at Fun Forest does not meet ADA requirements. The proposed aquatic improvements will require the facility be updated to comply with the ADA. This work is not part of the original scope of the project. With your approval, we contracted with Michael D. Barham Architects, Inc. to provide architectural design services for building ADA upgrades. MEP Design Services ($3,481.50) Mechanical, Electrical, and Plumbing design services were required in support of the proposed aquatic improvements at Fun Forest. We do not perform these design services in-house and they are not part of our original scope of services. We contracted with MEP Associates Design Group, Inc. to perform this work. TDLR Review ($759.00) Texas Accessibility Standards (TAS) review of commercial projects is required by the Texas Department of Licensing and Regulation. We do not perform this review in-house and it is not part of our original scope of services. We contracted with a Registered Accessibility Specialist (RAS) Michael Quimbey of Emcue Company, Inc. to perform this work. The total fee for subconsultant services is $20, Feel free to contact me with any questions. Sincerely, Philip Cowles, PE Aquatic Consultant 1321 South Broadway P.O. Box 7487 Tyler, TX Phone (903) Fax (903) State Registrations: TX #F-242 OK #3727 PE NE #CA1619E FL #27615 MS #E-0841 GA #PEF LA #EF3132 MO NM