LAMESATEXAS CITY COANCIL AGENDA  TRADEC CORRIDORC CROSSING  NOTICE IS GIVEN THAT THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, WILL MEET IN A REGULARLY SCHEDULED MEETING AT 5:30 P.M. ON TUESDAY, SEPTEMBER 17, 2024, 601 SOUTH FIRST STREET, FOR THE PURPOSE OF CONSIDERING AND TAKING OFFICIAL ACTION  ON THE FOLLOWING ITEMS: 1. CALL TO ORDER: 2. INVOCATION:  3. CONSENT AGENDA: All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member sO requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Information concerning consent agenda a. APPROVAL OF THE MINUTES: Approval of the minutes of the City Council regular meeting held on August 20, 22, and 27, 2024 b. BILLS FOR AUGUST 2024: Approval of the bills paid by the City of  items is available for public review.  Lamesa for the month of August 2024  4. RESOLUTION DESIGNATING AUTHORIZED SIGNATORIES FOR THE LAMESA HOUSING AUTHORITY AND LAMESA HOUSING PROJECT: City Council to consider passing a resolution authorizing signatories for the Lamessa Housing Authority and Lamesa Housing Project. (City Manager & Hud Director) 5. BUDGET AMENDMENT VII: City Council to consider amending Ordinance O- 13-23 on first reading with respect to the budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024. (This Budget Amendment is tor record receipt ofi insurance recovery for Mack Truck) (City Manager & Finance) 6. AUTHORIZE WARRANTS - GENERAL OPERATIONS: Consider passing resolution authorizing the issuance of interest-Dearing warrants, payable from the anticipated collections of the current fiscal year, not to exceed five hundred thousand dollars ($500,000.00), to be used where funds are necessary and needed to meet current expenses of the'city for the current fiscal year. (Finance  Director)    7. AMERICAN RESCUE PLAN ACT (ARPA): Considering engaging Parkhill Engineers to design and bid a 2024-25 Street project in 6 districts within the Cooperate limits of Lamesa. (City Manager and Public Works Director) 8. DISCUSS RECREATIONAL AND ENTERTAINMENT FOR FUTURE ACTIVITIES: City Council to discuss recreational and entertainment for future  activities.  9. CITY STAFF REPORTS:  a. I UTILITIES DIRECTOR REPORT: Utilities Director to report on the city's recent b. GOLF COURSE REPORT: Report on conditions and events at the Golf Course 10.FINANCIAL REPORT: Finance Director to report on the city's finances.  events  11.WORKSHOP - LAMESA PARKS AND DRAINAGE UTILITY- City Council to meet with city staff to discuss the creation of. Municipal Parks and Drainage Utility Ordinance, to serve a public purpose within the scope of the local 12.CITY MANAGER REPORT: City Manager to report on current activities and  governments body's authority. (City Manager) answer questions from the City Council.  13.MAYOR's REPORT: Mayor to report on current activities.  14.ADJOURNMENT: The next regularly scheduled meetings of the City Council of  the City ofLamesa will be October 15, 2024, at5:30F P.M.      Open Meetings Information  00  GLOSED MEETINGS  MEETING AGGESSIBILITY  The City Council reserves the right to Upon request, auxiliary aids and services adjourn into closed session at any time will be provided to an individual with a  during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551.087 PUBLIG PARTICIPATION a The meeting will be held pursuant to the provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items listed above. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should notify the City Secretary before the meeting. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing tot the City Secretary by the end of business hours on the Wednesday before the next meeting in order to be considered for  disability in order to allow them to effectively participate in the city council meeting. Those requesting auxiliary aids or services should notify the contact person listed below at least twenty-four hours prior to the meeting by mail, telephone or RELAY Texas Contact: Betty Conde at 806-872-4322 a 601 South First Street, Lamesa, Texas % Telephone (806)872-4322 Fax-(8 (806)872-4338  1-800-735-2989)  (Economic Development).  79331  inclusion on that agenda.  GERTIFICATION OF NOTIGE  Icertify this agenda was posted at the City Hall, 601 South First Street, Lamesa, Texas at 4:45 p.m., September 13, 2024, in accordance with  LAMESATEXAS TRADEC COIRIDORC CROSSING  Chapter 551.041 of the Government Code. Betty Conde, City Secretary    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER - 17,2024  AGENDA ITEMS:1&2  1. CALL TO ORDER: Announcement - "This meeting is being held in accordance with the provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items as posted. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should complete a request at this time. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing to the City Secretary in order to be considered for inclusion on the agenda of the next meeting. A quorum being present as evidenced by the presence of members of the City Council, this meeting is hereby called to order."  The following members are present:  JOSH STEVENS HAYDEN DAVIS FRED' VERA GLORIA VE RODRIGUEZ DANNY JACOBS BOBBY G. GONZALES JAMES GRAYSON  Mayor  Council Member - District 1 Council Member - District 2 Council Member - District 3 Council Member - District 4 Council Member - District 6  Council Member - District 5 /MAYOR PRO-TEM  City Staff members present at the meeting:  JOEI HINES BETTY CONDE  City Manager City Secretary  RUSSELL CASSELBERRY Attorney Members of the press present at the meeting: Members of the public present at the meeting: AND PLEDGE OF ALLEGIANCE.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM: 3  SUBJECT: PROCEEDING: SUBMITTED BY:  CONSENT AGENDA ITEMS  Approval City staff  SUMMARY STATEMENT  All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member sO requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Information  concerning consent agenda items is available for public review.  a. APPROVAL OF THE MINUTES: Approval of the minutes of the council meeting b. BILLS FOR AUGUST 2024: Approval of the bills paid by the City of  held on August 20, 22, and August 27, 2024. Lamesa for the month of August 2024  Motion by Council Member Council Member  to approve item 3 a&b Motion seconded by  and upon being put to a vote the motion  VOTING:  "AYE"  "NAY"  "ABSTAIN"  CITY MANAGER'S MEMORANDUM  These items are considered non-controversial but do require formal council approval. If a council member objects to a consent item, it is removed from the list and separate action is taken on the item(s). If a council member questions a consent item, but not so strongly. as to require that it be removed form the list, his/her "no" vote or abstention can  be entered in the minutes when the consent vote is taken.  Recommend approval.    THE STATE OF TEXAS K COUNTY OF DAWSON K CITY OF LAMESA K  MINUTES OF THE CITY COUNCIL REGULAR CALLED MEETING:  August 20, 2024  Ont this the 20th day of August 2024, at 5:30 P.M., there came on and was held a regularly called meeting of the City Council of the City of Lamesa, Dawson County, Texas. Notice of such meeting having been posted at the City Hall at 601 South First Street in the City of Lamesa, Texas in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551). The following items were listed on the notice and the CALL TO ORDER: Mayor Stevens announced that the meeting was being held in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551), and that discussion and actions are limited to the agenda items as posted. A quorum being present as evidenced by the presence 7 City Council Members were  following proceedings were had, viz.:  present:  JOSH STEVENS HAYDEN DAAVIS FRED VERA GLORIA V. RODRIGUEZ DANNY JACOBS BOBBY G. GONZALES JAMES GRAYSON  Mayor  Council Member - District 1 Council Member - District 2 Council Member - District 3 Council Member - District 4 Council Member - District 5 Mayor Pro tem Council Member - District 6  City staff members present at the meeting:  JOE HINES BETTY CONDE RUSSELL CASSELBERRY  CITY MANAGER CITY SECRETARY CITY ATTORNEY  Members of the press present at the meeting: Members of the public present at the meeting: Wayne Chapman Sandy Trevino Dionicio Garza Jr Victor Dimas  Mary Elizabeth  Robert Ramirez Norma Garcia Josh Peterson Mona Ferguson Cynthia Hatchett Nicky Chapman  Brian Beck  Larry Duyck    Ron Mann David Morreno Judy Smith Joe Solis Steven Boone Wacy Hawkins INVOCATION:  Marilyn Thompson Pam Koehler  Kara Koehler Tom Anderson Marcas Martinez  Nancy Noret Moore Jerry Berry  Paula Ambriz Slyvia Dimas Fred Hawkins  Moses Moreno Debby Isaaccs Josh Reyes Vickie Boone Kim Hawkins  Britany Crittenden Christian Guzman Bobby Hawkins Leo Portillo Mary Lou Trevino Gabriel Olvera  CONSENT AGENDA: All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There willl be no separate discussion oft these items unless a Council Member sO requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Information concerning consent agenda items is available for public review.  a. APPROVAL OF THE MINUTES: Approval of the minutes of the City Council regular meeting held on July 16, 30 and August 1, 2024. b. BILLS FOR JULY 2024: Approval of the bills paid by the City of Lamesa  for the month of. July 2024  Motion by Council Member Bobby Gonzales to approve items 3a and b. Motion seconded by Council Member Danny Jacobs and upon being put to a vote the motion passed..  VOTING:  "AYE"7  "NAY"  "ABSTAIN"  PRESENTATION ON SKY VUE: Council to hear a brief presentation by Nancy Norit  Moore concerning the Sky Vue Screen and future.  No action taken  LAMESA MUNICIPAL GOLF COURSE: Consider passing an ordinance on second reading amending Chapter 1, Entitled "Municipal Golf Course", Article 1.09 Membership fees and dues; providing for severability clauses; providing for repeal of conflicting provisions, and providing for publication and effective date. (City Manager and Golf Motion by Council Member Bobby Gonzales to pass an ordinance on second amending Chapter 1, Entitled Municipal Golf Course", Article 1.09 Membership fees and dues; providing for severability clauses; providing for repeal of conflicting provisions, and providing for publication and effective date.. Motion seconded by Council Member  Course Director)  Hayden Davis and upon being put to a vote the motion passed.  VOTING:  "AYE"7  "NAY"  "ABSTAIN"    PROFESSIONAL SERVICE AGREEMENT WITH PARKHILL: Discuss and consider approving Professional Service Agreement with Parkhill for City ofLamesa Miscellaneous Landfill Services: City of Lamesa Landfill, South of Lamesa City Limiets, .4 miles SW of Motion by Council Member Danny Jacobs to approve a Professional Service Agreement with Parkhill for City of Lamesa Miscellaneous Landfill Services: City of Lamesa Landfill, South of Lamesa City Limits, 4 miles SWofUS 87, .5 miles E SH 137. Motion seconded by Council Member Gloria Rodriguez and upon being put to a vote the motion passed.  US87, .5 miles E SH 137. (City Manager)  VOTING:  "AYE"7  "NAY"  "ABSTAIN"  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE EXECUTIVE COMMITTEE OF CITIES SERVED BY ATMOS WEST TEXAS ("CITIES")AND ATMOS ENERGY CORP., WEST TEXAS DIVISION REGARDING THE COMPANY'S 2024 RATE REVIEW MECHANISM: Consider passing a Resolution approving a negotiated settlement between the executive committee of Cities Served By Atmos West Texas ("CITIES") and Atmos Energy Corp., West Texas Division regarding the company's 2024 Motion by Council Member Bobby Gonzales to pass a Resolution approving a negotiated settlement between the Executive Committee of Cities served by Atmos West Texas ("Cities") and Atmos Energy Corp., West Texas Division regarding the company's 2024 Rate Review Mechanism. Motion seconded by Council Member Danny Jacobs and upon  rate review mechanism.. (City Manager)  being put to a vote the motion passed.  VOTING.  "AYE"7  "NAY"  ABSTAIN"  BUDGET AMENDMENT Vi: City Council to consider amending Ordinance 0-13-23 on first reading with respect to the budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024. (This Budget Amendment is to record receipt of insurance recovery for Garbage Refuse Truck (2013 Mack Truck) (City Manager & Finance) Motion by Council Member Hayden Davis to amend Ordinance 0-13-23 on first reading with respect to the budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024.. Motion seconded by Council Member Danny Jacobs and upon  being put to a vote the motion passed.  VOTING:  "AYE"7  "NAY"  "ABSTAIN"    PUBLIC HEARING - FISCAL YEAR 2024 2025 ANNUAL BUDGET: Convene a public hearing, in accordance with State Law (Local Government Code, Chapter 102, Section 102.006), to hear a report from the City Manager and to hear comments from the public regarding the proposed Annual Budget for Fiscal Year 2024-2025 beginning on October  1, 2024, and ending September 30, 2025. (City Manager)  THIS  BUDGET WILL  RA/SE MORE TOTAL  PROPERIYTAXES THAN LAST YEAR'S BUDGET BY $97,110 OR 3.76 AND OF THAT AMOUNT, $7,751 IS TAX REVENUE TO BE RA/SED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR City manager presented the budget. The public hearing  opened at 6:25 and closed at 6:26pm  No citizens spoke.  FISCAL YEAR OCTOBER 2024-2025 BUDGET - ADOPTION: Consider passing an ordinance on first reading with record vote in accordance with State Law (Local Government Code, Chapter 102, Section 102.007) providing funds for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, by approving the budget for said period and appropriating and setting aside the necessary funds out of the General Fund, Water/Wastewater, Solid Waste funds for the maintenance and operation of the various departments and for various activities and improvements to the City. (City  Manager) THIS  BUDGET WILL RA/SE MORE TOTAL  PROPERTY TAXES THAN LAST YEAR'S BUDGETBY $97,110 OR 3.76% AND OF THAT AMOUNT, $7,751IS TAX REVENUE TO BE RA/SED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR Motion by Council Member Bobby Gonzales to adopt on first reading the Proposed 2024-2025 Annual Budget, including the following statement (to be read aloud): THIS BUDGET WILL RA/SE MORE  TOTAL  PROPERTY TAXES THAN LAST YEAR'S BUDGETBY $97,110 OR 3.76% AND OF THAT AMOUNT, 7,751IS TAX REVENUE TO BE RA/SED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR    Motion seconded by Council Member Danny Jacobs and upon being put to a vote  the motion passed.  RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS  VOTING Josh Stevens HAYDEN DAVIS FRED VERA GLORIA V. RODRIGUEZ DANNY L. JACOBS BOBBY G. GONZALES JAMES GRAYSON  "AYE" V  "NAY"  ABSTAIN"  PUBLIC HEARING - AD VALOREM TAX RATE - FY 2024/2025: Public Hearing on a proposed property tax rate of $.0.685362 for 2024/2025. (City Manager) The public hearing opened at 7:02 and closed at 7:15pm Manuel Benitez spoke regarding the property tax rate.  LEDC/LEAP FY 2024/2025 BUDGET PRESENTATION AND ADOPTION: City Council to hear presentation regarding the LEDC/LEAP FY 2024/2025 proposed budget and Motion by Council Member Danny Jacobs to approve FY 2024/2025 LEDC and LEAP annual budgets. Motion seconded by Council Member and upon being put to  consider adoption of proposed budget. (EDC Director)  a vote the motion passed.  VOTING:  "AYE"7  "NAY"  ABSTAIN"  CITY STAFF REPORTS:  a. PARKS, STREETS, SANTATIONLANDFLL REPORT: Director to report on the b. UTILITIES DIRECTOR REPORT: Utilities Directort to report ont the city's recent events GOLF COURSE REPORT: Golf Course Superintendent to report on conditions and  city's recent events.  events at the Golf Course  FINANCIAL REPORT: Finance Director to report on the city's finances.  INVESTMENT REPORT: Finance Director to report on the city'si investments for the third CITY MANAGER REPORT: City Manager to report on current activities and answer  quarter of FY 2023-2024.  questions from the City Council.    MAYOR's REPORT: Mayor to report on current activities.  ADJOURNMENT: The next regularly scheduled meetings of the City Council of the City  ofLamesa will be August 22, 2024at5:30P.M.  ATTEST: Betty Conde City Secretary  APPROVED: Josh Stevens Mayor    THE STATE OF TEXAS K COUNTY OF DAWSON K CITY OF LAMESA K  MINUTES OF THE CITY COUNCIL REGULAR CALLED MEETING:  August 22, 2024  Ont this the 22nd day of August 2024, at 5:30P.M., there came on and was held a regularly called meeting of the City Council of the City of Lamesa, Dawson County, Texas. Notice of such meeting having been posted at the City Hall at 601 South First Street in the City of Lamesa, Texas in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551). The following items were listed on the notice and the CALL TO ORDER: Mayor Stevens announced that the meeting was being held in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551), and that discussion and actions are limited to the agenda items as posted. A quorum being present as evidenced by the presence 6 City Council Members were  following proceedings were had, viz.:  present:  JOSH STEVENS HAYDEN DAAVIS FRED VERA GLORIA V. RODRIGUEZ DANNY JACOBS BOBBY G. GONZALES JAMES GRAYSON  Mayor (Arrived at 5:45) Council Member - District 1 Council Member - District 2 Council Member - District 3 Council Member - District 4 Council Member - District 5 Mayor Pro tem Council Member - District 6  City staff members present at the meeting:  JOE HINES BETTY CONDE RUSSELL CASSELBERRY  CITY MANAGER CITY SECRETARY CITY ATTORNEY  Members of the press present at the meeting: Members of the public present at the meeting: Wayne Chapman Sandy Trevino Dionicio Garza Jr Victor Dimas  Mary Elizabeth  Robert Ramirez Norma Garcia Josh Peterson Mona Ferguson  Brian Beck  Larry Duyck    INVOCATION: Hayden Davis  BUDGET AMENDMENT VI: City Council to consider amending Ordinance 0-13-23 on second reading with respect to the budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024. (This Budget Amendment is to record receipt of insurance recovery for Garbage Refuse Truck (2013 Mack Truck)(City Manager & Motion by Council Member James Grayson to amend Ordinance 0-13-23 on second reading with respect to the budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024.. Motion seconded by Council Member Hayden Davis and  Finance)  upon being put to a vote the motion passed.  VOTING:  "AYE"6  "NAY"  ABSTAIN"  FISCAL YEAR OCTOBER 2024-2025 BUDGET - ADOPTION: Consider passing an ordinance on second reading with record vote in accordance with State Law (Local Government Code, Chapter 102, Section 102.007) providing funds for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, by approving the budget for said period and appropriating and setting aside the necessary funds out of the General Fund, Water/Wastewater, Solid Waste funds for the maintenance and operation of the various departments and for various activities and improvements to the City. (City  Manager)  THIS BUDGET WILL RA/SE MORE  TOTAL  PROPERIYTAXES THAN LAST YEAR'S BUDGETBY $97,1100R3.769. AND OF THATAMOUNT, $,7,751IS TAX REVENUE TO BE RA/SED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR Motion by Council Member Hayden Davis to adopt on second reading the Proposed 2024-2025 Annual Budget, including the following statement (to be read aloud):  THIS BUDGET WILL RA/SE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGETBY $97,110 OR 3.76% AND OF THAT AMOUNT, $7,751/S TAX REVENUE TO BE RA/SED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR Motion seconded by Council Member Danny Jacobs and upon being put to a vote  the motion passed.    RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS  VOTING Josh Stevens HAYDEN DAVIS FRED VERA GLORIA V. RODRIGUEZ DANNYI L. JACOBS BOBBY G. GONZALES JAMES GRAYSON  "AYE"  "NAY"  "ABSTAIN"  RATIFY THE PROPERTY TAX INCREASE REFLECTED IN THE FISCAL YEAR 2024- 2025 BUDGET: Consider ratifying the property tax increase reflected in the Fiscal Year 2024-2025 budget that raises more property taxes than the Fiscal Year 2023-2024  budget. (City Manager) THIS  BUDGET WILL RA/SE MORE  TOTAL  PROPERTY TAXES THAN LAST YEAR'S BUDGETBY $97,1100R3.76% AND OF THAT AMOUNT, $7,751/S TAX REVENUE TO BE RA/SED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR Motion by Council Member Bobby Gonzales to ratify the property tax increase reflected in the Fiscal Year 2024-2025 budget that raises more property tax rate than the Fiscal Year 2023-2024 budget. This year's proposed tax rate of $0.685362 exceeds the no- new-revenue tax rate. Motion seconded by Council Member James Grayson and upon  being put to a vote the motion passed.  RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS  VOTING Josh Stevens HAYDEN DAVIS FRED' VERA GLORIA V. RODRIGUEZ DANNY L. JACOBS BOBBY G. GONZALES JAMES GRAYSON  "AYE" V E  "NAY"  "ABSTAIN"    AD VALOREM TAX RATE - 2024 (DEBT SERVICE TAX RATE): Consider establishing an ad valorem tax rate for Fiscal Year 2024-20251 by passing an ordinance on first reading with record vote in accordance with State Law (Property Tax Code, Section 26.05) establishing the ad valorem tax rate which will raise the amount of revenue required to pay Debt Service at a rate of $0.0000 per hundred dollar assessed valuation for Fiscal Year beginning October 1, 2024, and ending September 30, 2025. (City Manager) N MOVE THAT THE CITY ESTABLISH THE AD VALOREM TAX RATE WHICH WILL RAISE THE AMOUNT OF REVENUE REQUIRED TO PAY DEBT SERVICE AT A RATE OF $0.0000 PER HUNDRED DOLLARS ASSESSED VALUATION FOR FISCAL YEAR BEGINNING OCTOBER 1, Motion seconded by Council Member Bobby Gonzales and upon being put to a vote the  Motion by Council Member Danny Jacobs must be stated as;  2024 AND ENDING SEPTEMBER 30, 2025."  motion passed.  RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS  VOTING Josh Stevens HAYDEN DAVIS FRED VERA GLORIAN V. RODRIGUEZ DANNY L. JACOBS BOBBY G. GONZALES JAMES GRAYSON  "AYE"  "NAY"  ABSTAIN"  AD VALOREM TAX RATE - 2024 (MAINTENANCE AND OPERATION TAX RATE): Consider establishing an ad valorem tax rate for Fiscal Year 2024-2025 by passing an ordinance on first reading with record vote in accordance with State Law (Property Tax Code, Section 26.05) establishing the ad valorem tax rate which will raise the amount of revenue needed to fund Maintenance and Operation expenditures at a rate of $0.685362 for Fiscal Year beginning October 1, 2024, and ending September 30, 2025. (City Motion by Council Member James Grayson must be stated as; "I MOVE THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE $0.685362 WHICH IS EFFECTIVELY A 3.76 PERCENT INCREASE Motion seconded by Council Member Danny Jacobs and upon being put to a vote the  Manager)  IN THE TAX RATE. motion passed.  RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS    VOTING Josh Stevens HAYDEN DAVIS FRED VERA GLORIA V. RODRIGUEZ DANNY L. JACOBS BOBBY G. GONZALES JAMES GRAYSON  "AYE"  "NAY"  ABSTAIN"  AD VALOREM TAX RATE - 2024: Consider establishing an ad valorem tax rate for Fiscal Year 2024-2025 by passing an ordinance on first reading with record vote the ad valorem tax rate of $0.685362 per hundred dollar assessed valuation for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, and adopting the provisions of Section 31.05 of the State Property Tax Code to provide for discounts under certain  conditions. (City Manager)  City of Lamesa ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST THE TAX RATE WILL EFFECTIVELY BE RA/SED BY 3.76 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $-59.83. (Section Motion by Council Member Bobby Gonzales must be stated as; "IMOVE THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF $0.685362, WHICH IS EFFECTIVELY A 3.76 PERCENT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.46 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON City of Lamesa ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S Motion seconded by Council Member Danny Jacobs and upon being put to a vote the  YEAR'S TAX RATE.  26.05(b)1(A&B) OF THE PROPERTY TAX CODE).  INCREASE IN THE TAX RATE.  OPERATIONS THAN LAST YEAR'S TAX RATE.  A $100,000 HOME BY APPROXIMATELY $-59.83.  TAX RATE." motion passed.    RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS  VOTING Josh Stevens HAYDEN DAVIS FRED VERA GLORIA V. RODRIGUEZ DANNY L. JACOBS BOBBY G. GONZALES JAMES GRAYSON  "AYE" 1 E  "NAY" -  ABSTAIN"  -  EXECUTIVE SESSION: Council to consider convening into closed executive session regarding: Section 551.074 Texas Government Code: personnel matters regarding to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or Motion by Council Member Gonzales to enter into executive session. Motion seconded  dismissal of a public officer or employee. by Council Member James Grayson and upon being put to a vote the motion passed.  VOTING:  "AYE"6  "NAY"  "ABSTAIN"  RECONVENE INTO OPEN SESSION: City Council to reconvene into open session to  consider and discuss taking action.  No action  ADJOURNMENT: The next regularly scheduled meetings of the City Council of the City  ofLamesa will be. August 27, 2024at5:30P.M  ATTEST: Betty Conde City Secretary  APPROVED: Josh Stevens Mayor    THE STATE OF TEXAS K COUNTY OF DAWSON K CITY OF LAMESA K  MINUTES OF THE CITY COUNCIL REGULAR CALLED MEETING:  August 27, 2024  On this the 27th day of August 2024, at 5:30 P.M., there came on and was held a regularly called meeting of the City Council of the City of Lamesa, Dawson County, Texas. Notice of such meeting having been posted at the City Hall at 601 South First Street in the City of Lamesa, Texas in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551). The following items were listed on the notice and the CALL TO ORDER: Mayor Stevens announced that the meeting was being held in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551), and that discussion and actions are limited to the agenda items as posted. A quorum being present as evidenced by the presence 6 City Council Members were  following proceedings were had, viz.:  present:  JOSH STEVENS HAYDEN DAAVIS FRED VERA GLORIA V. RODRIGUEZ DANNY JACOBS BOBBY G.GONZALES JAMES GRAYSON  Mayor  Council Member - District 1 Council Member = District 2(Absent) Council Member - District 3 Council Member - District 4 Council Member - District 5 Mayor Pro tem Council Member - District 6  City staff members present at the meeting:  JOE HINES BETTY CONDE RUSSELL CASSELBERRY  CITY MANAGER CITY SECRETARY CITYATTORNEY  Members of the press present at the meeting: Members of the public present at the meeting: Wayne Chapman Sandy Trevino  Mary Elizabeth  Norma Garcia Leticia Dimas  Larry Duyck  Josh Peterson    INVOCATION: Bobby Gonzales  APPOINTMENT - DAWSON COUNTY JUVENILE BOARD: City Council to Consider taking action regarding the appointment of Leticia Dimas to the Dawson County Juvenile Motion by Council Member Bobby Gonzales to appoint the Leticia Dimas to the Dawson County Juvenile Board for a 2-year term ending December 31, 2026. Motion seconded by Council Member James Grayson and upon being put to a vote the motion passed.  Board for a 2-year term ending December 31, 2026. (City Council)  VOTING:  "AYE"6  "NAY"  ABSTAIN"  A - RESOLUTION OF THE CITY OF LAMESA, TEXAS, APPROVING THE CONVEYANCE OF REAL PROPERTY OWNED BY THE CITY OF LAMESA TO FRIENDS OF MOVIELAND, INC.: City Council to consider approving resolution conveying the above-described real property, together with the contents of the building located on said property, to Friends of Movieland, Inc., by Special Warranty Deed. (City Motion by Council Member Bobby Gonzales to approve a resolution conveying the above- described real property, together with the contents of the building located on said property, to Friends of Movieland, Inc., by Special Warranty Deed. Council Member  Manager)  Danny Jacobs and upon being put to a vote the motion passed.  VOTING:  "AYE"6 6  "NAY"  ABSTAIN"  AD' VALOREM TAX RATE- 2024 (DEBT SERVICE TAX RATE): Consider establishing an ad valorem tax rate for Fiscal Year 2024-2025 by passing an ordinance on second reading with record vote in accordance with State Law (Property Tax Code, Section 26.05) establishing the ad valorem tax rate which will raise the amount of revenue required to pay Debt Service at a rate of $0.0000 per hundred dollar assessed valuation for Fiscal Year beginning October 1, 2024, and ending September 30, 2025. (City  Manager)  Motion by Council Member Bobby Gonzales must be stated as;  MOVE THAT THE CITY ESTABLISH THE AD VALOREM TAX RATE WHICH WILL RAISE THE AMOUNT OF REVENUE REQUIRED TO PAY DEBT SERVICE AT A RATE OF $0.0000 PER HUNDRED DOLLARS ASSESSED VALUATION FOR FISCAL YEAR BEGINNING OCTOBER 1, Motion seconded by Council Member James Grayson and upon being put to a vote the  2024 AND ENDING SEPTEMBER 30, 2025."  motion passed.  RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS  VOTING  "AYE"6  "NAY"  "ABSTAIN"    Josh Stevens HAYDEN DAVIS FRED' VERA GLORIA V. RODRIGUEZ DANNY L. JACOBS BOBBY G. GONZALES JAMES GRAYSON VOTING:    - -  "AYE"6  "NAY"  ABSTAIN"  AD VALOREM TAX RATE - 2024 MAINTENANCE AND OPERATION TAX RATE): Consider establishing an ad valorem tax rate for Fiscal Year 2024-2025 by passing an ordinance on second reading with record vote in accordance with State Law (Property Tax Code, Section 26.05) establishing the ad valorem taxi rate which will raise the amount of revenue needed to fund Maintenance and Operation expenditures at a rate of $0.685362 for Fiscal Year beginning October 1, 2024, and ending September 30, 2025. Motion by Council Member Danny Jacobs must be stated as; "I MOVE THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE $0.685362 WHICH IS EFFECTIVELY A 3.76 PERCENT INCREASE Motion seconded by Council Member Hayden Davis and upon being put to a vote the  (City Manager)  IN THE TAX RATE. motion passed.  RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS  VOTING Josh Stevens HAYDEN DAVIS FRED' VERA GLORIAV.RODRIGUEZ DANNY LJACOBS BOBBY G. GONZALES JAMES GRAYSON VOTING:  "AYE" EE -  "NAY"  "ABSTAIN"  "AYE"6  "NAY"  "ABSTAIN"    AD VALOREM TAX RATE - 2024: Consider establishing an ad valorem tax rate for Fiscal Year 2024-2025 by passing an ordinance on second reading with record vote the ad valorem tax rate of $0.685362 per hundred dollar assessed valuation for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, and adopting the provisions of Section 31.05 oft the State Property Tax Code to provide for discounts under City of Lamesa ADOPTED A TAX RATE THAT WILL RA/SE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST THE TAX RATE WILL EFFECTIVELYBE RAISED BY3.46 PERCENT AND WILL RA/SE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY, $-59.83. (Section Motion by Council Member Bobby Gonzales must be stated as; "1 MOVE THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF $0.685362, WHICH IS EFFECTIVELY A 3.76 PERCENT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.46 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON City of Lamesa ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S Motion seconded by Council Member Danny Jacobs and upon being put to a vote the  certain conditions. (City Manager)  YEAR'S TAXRATE.  26.05(b)1(A&B) OF THE PROPERTY TAX CODE  INCREASE IN THE TAX RATE.  OPERATIONS THAN LAST YEAR'S TAX RATE.  A$ $100,000 HOME BY APPROXIMATELY $-59.83.  TAX RATE." motion passed.  RECORD VOTE REQUIRED: VOTE BY SHOW OF HANDS  VOTING Josh Stevens HAYDEN DAVIS FRED' VERA GLORIA V. RODRIGUEZ DANNY L. JACOBS BOBBY G. GONZALES JAMES GRAYSON  "AYE" - -  "NAY"  ABSTAIN"    VOTING:  "AYE"6  "NAY"  "ABSTAIN"  EXECUTIVE SESSION: Council to consider convening into closed executive session regarding: Section 551.074 Texas Government Code: personnel matters regarding to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or  dismissal of a public officer or employee.  Motion by Council Member Bobby Gonzales to enter into executive session. Motion seconded by Council Member Gloria Rodriguez and upon being put to a vote the motion  passed.  VOTING:  "AYE"6  "NAY"  ABSTAIN"  RECONVENE INTO OPEN SESSION: City Council to reconvene into open session to  consider and discuss taking action.  No action  ADJOURNMENT: The next regularly scheduled meetings of the City Council of the  City of Lamesa will be September 17, 2024, at 5:30 P.M  ATTEST: Betty Conde City Secretary  APPROVED: Josh Stevens Mayor    9-12-2024 4:00_PM FUND 01 -GENERAL FUND DEPT N/A 1001  DETAIL LISTING  PAGE:  PERIOD TO USE: Aug-2024 THRU Aug-2024  ACCOUNTS: 1001  THRU 1001  POST DATE TRAN # REFERENCE Mo--doime VEND INV/JE#  NOTE -----AMOUNT--- ----BALANCE---  CASH IN BANK  BEGINNING BALANCE  8/01/24 8/02 A61334 CHK: 216455 22092 DAWSON Co. LIBRARY 8/01/24 8/02 A61335 CHK: 216456 22092 SOUTH PLAINS PUBLIC HEAL 3730 8/01/24 8/02 A61336 CHK: 216457 22092 VOLUNTEER FIRE DEPARTMEN 4090 8/01/24 8/02 A61337 CHK: 216458 22092 DUYCK LARRY 8/01/24 8/02 A61338 CHK: 216459 22092 JASON WILEY B/01/24 8/02 A61339 CHK: 216460 22092 STEVE ALEXANDER 8/01/24 8/02 A61340 CHK: 216461 22092 RANDALL DAVIS 8/01/24 B/02 A61341 CHK: 216462 22092 JEFFREY TVEIT 8/01/24 8/02 A61342 CHK: 216463 22092 AUERILO GARZA B/01/24 8/02 A61343 CHK: 216464 22092 KENNETH STANTON 8/01/24 8/02 A61344 CHK: 216465 22092 INSURICA TX INSURNACE SE 7197 8/01/24 8/02 A61345 CHK: 216466 22092 DEREK OLIVO 8/01/24 8/02 A61346 CHK: 216467 22092 JEREMIAH BELTRAN 8/01/24 8/02 A61347 CHK: 216468 22099 DAWSON COUNTY CLERK 1230 B/01/24 8/02 A61348 CHK: 216469 22099 CONSOLIDATED SPECIAL EUN 1517 8/01/24 8/02 A61350 CHK: 216471 22099 LAMESA ANIMAL SHELTER 7223 8/01/24 8/02 A61351 CHK: 216472 22099 MASON TIDWELL 8/01/24 8/02 A61352 CHK: 216473 22099 ISAIAH ARMENDARIZ 8/01/24 8/02 A61357 CHK: 216474 22101 ATMOS ENERGY CORPORATION 1730 B/01/24 8/02 A61358 CHK: 216475 22101 HELENA AGRI-ENTERPRISES, 2260 8/01/24 8/02 A61359 CHK: 216476 22101 LAMESA TIRE 6 BATTERY. I2645 8/01/24 8/02 A61361 CHK: 216478 22101 LESLIE'S POOL SUPPLY INC 2701 8/01/24 8/02 A61362 CHK: 216479 22101 ROCKY'S BURGERS 8/01/24 8/02 A61363 CHK: 216480 22101 STANDARD INSURANCE co 3782 B/01/24 8/02 A61364 CHK: 216481 22101 WAIMART COMMUNITY/GECRB 4110 8/01/24 8/02 A61365 CHK: 216482 22101 WINDSTREAM COMMUNICATION 4460 8/01/24 8/02 A61366 CHK: 216483 22101 ANGEL ACOSTA'S CONCRETE 5640 8/01/24 8/02 A61367 CHK: 216484 22101 COTTON COUNTRY ELECTRIC 5650 8/01/24 8/02 A61368 CHK: 216485 22101 GREAT AMERICA FINANCIAL 5734 8/01/24 8/02 A61369 CHK: 216486 22101 FRANKLIN 6 SON, INC. 5840 8/01/24 8/02 A61370 CHK: 216487 22101 INDUSTRIAL DISPOSAL SUPP 6371 8/01/24 8/02 A61371 CHK: 216488 22101 DE LAGE LANDEN PUBLIC FI 6511 8/01/24 8/02 A61372 CHK: 216489 22101 LAMESA PRESS REPORTER 7195 8/01/24 8/02 A61374 CHK: 216491 22101 ARKO CONVENIENCE STORES, 7272 8/01/24 8/02 A61375 CHK: 216492 22101 JAMIE ANNALLA 8/01/24 8/02 A61376 CHK: 216493 22101 ÇOMPUTER TRANSITION SERV 7304 8/01/24 8/02 A61377 CHK: 216494 22101 IIA LIFTING SERVICES 7393 8/01/24 8/02 A61378 CHK: 216495 22101 VESTIS GROUP, INC. 8/01/24 8/02 A61379 CHK: 216496 22101 PABLO M VASQUEZ 8/06/24 8/06 A61616 CHK: 216497 22110 DEDRICK DEWAYNE HOUSTON 1 8/06/24 8/06 A61617 CHK: 216498 22110 LUZ ESPARZA B/06/24 8/06 A61618 CHK: 216499 22110 DAKOTA RODRIQUEZ 8/06/24 8/06 A61619 CHK: 216500 22110 OLGA CISNEROS  1611 5777 6025 6356 6696 6873 7028 7071 7220 7226 7289 7356  630.00CR 2,455.22CR 3,085.22CR 400.00CR 3,485.22CR 200.00CR 3,685.22CR 200.00CR 3,885.22CR 200.00CR 4,085.22CR 200.00CR 4,285.22CR 200.00CR 4,485.22CR 200.00CR 4,685.22CR 200.00CR 4,885.22CR 1,375.00CR 6,260.22CR 200.00CR 6,460.22CR 200.00CR 6,660.22CR 58.00CR 6,718.22CR 52,000.00CR 58,718.22CR 4,166.66CR 62,884.88CR 10.00CR 62,894.88CR 16.00CR 62,910.88CR 1,525.99CR 64,436.87CR 140.28CR 64,577.15CR 9,135.19CR 73,712.34CR 217.14CR 73,929.48CR 23.75CR 73,953.23CR 962.51CR 74,915.74CR 186.26CR 75,102.00CR 607.08CR 75,709.08CR 1,710.00CR 77,419.08CR 1,362.46CR 78,781.54CR 85.55CR 78,867.09CR 426.50CR 79,293.59CR 1,468.70CR 80,762.29CR 256.27CR 81,018.56CR 1,743.37CR 82,761.93CR 215.75CR 82,977.68CR 200.00CR 83,177.68CR 2,578.22CR 85,755.90CR 686.40CR 86,442.30CR 226.74CR 86,669.04CR 250.00CR 86,919.04CR 50.00CR 86,969.04CR 50.00CR 87,019.04CR 50.00CR 87,069.04CR 50.00CR 87,119.04CR  630.00CR  3780  7293 7396 7398 I    9-12-2024 4:00 PM FUND 01 -GENERAL FUND DEPT N/A 1001  DETAIL LISTING  PAGE:  PERIOD TO USE: Aug-2024 THRO Aug-2024  ACCOUNTS: 1001  THRU 1001  POST DATE TRAN # REFERENCE PACKET-----DESCRIPTION---- VEND INV/JE#  NOTE -----AMOUNT--- ----BALANCE---  CASH IN BANK  ( CONTINUED ) 1 1 1 1 1 1 5385 6729 7356 7382 7385 7401 5647 0885  8/06/24 8/06 A61620 CHK: 216501 22110 FELICITA MARTINEZ B/06/24 B/06 A61621 CHK: 216502 22110 RAYMOND HERNANDEZ 8/06/24 8/06 A61622 CHK: 216503 22110 MARICRUZ PARRA 8/06/24 8/06 A61623 CHK: 216504 22110 BREANNA FLORES 8/06/24 8/06 A61624 CHK: 216505 22110 VALERIE HILBURN 8/06/24 8/06 A61625 CHK: 216506 22110 GUADALUPE GARCIA 8/06/24 8/06 A61626 CHK: 216507 22110 LIBERTY MORENO 8/06/24 B/06 A61627 CHK: 216508 22110 MISSION IMPOSSIBLE 8/06/24 8/06 A61628 CHK: 216509 22110 TREVINO SANDY 8/06/24 8/06 A61629 CHK: 216510 22110 NORMAN GARZA 8/06/24 8/06 A61630 CHK: 216511 22110 ISAIAH ARMENDARIZ 8/06/24 8/06 A61631 CHK: 216512 22110 BRADEN BEARDEN 8/06/24 8/06 A61632 CHK: 216513 22110 BRADEN DEMOSS B/06/24 8/06 A61633 CHK: 216514 22110 WARREN FLYE B/06/24 8/06 A61634 CHK: 216515 22111 TRASH ELOW 8/06/24 8/06 A61635 CHK: 216516 22111 IDEXX DISTRIBUTION, INC 7178 8/06/24 8/06 A61636 CHK: 216517 22113 AT KT MOBILITY 8/06/24 B/06 A61637 CHK: 216518 22113 CANADIAN RIVER MUNICIPAL 1385 B/06/24 8/06 A61638 CHK: 216519 22113 CLAIBORNE'S THRIFTWAY 1480 8/06/24 8/06 A61639 CHK: 216520 22113 LAMESA BEARING, INC. 2480 8/06/24 8/06 A61640 CHK: 216521 22113 LUBBOCK GRADER BLADE, IN_2706 8/06/24 8/06 A61641 CHK: 216522 22113 PARKHILL/SMITH & COOPER, 3263 8/06/24 8/06 A61642 CHK: 216523 22113 PAYTON PLUMBING INC 3286 8/06/24 8/06 A61643 CHK: 216524 221135 & C OIL COMPANY, INC. 3575 8/06/24 8/06 A61644 CHK: 216525 22113 SOUTH PLAINS COMMUNICATI 3729 8/06/24 8/06 A61645 CHK: 216526 22113 WINDSTREAM COMMUNICATION 4460 B/06/24 8/06 A61646 CHK: 216527 22113 M & M EXTERMINATORS 4470 8/06/24 8/06 A61647 CHK: 216528 22113 O'REILLY AUTOMOTIVE, INC 5618 8/06/24 8/06 A61648 CHK: 216529 22113 WYLIE & SON, INC. 8/06/24 8/06 A61649 CHK: 216530 22113 RELIANT ENERGY 8/06/24 8/06 A61650 CHK: 216531 22113 CAVENDER'S BOOT STORE,LT 6892 8/06/24 8/06 A61651 CHK: 216532 22113 TRACTOR SUPPLY Co 8/06/24 8/06 A61652 CHK: 216533 22113 ROBERT SISTRUNK 8/06/24 8/06 A61653 CHK: 216534 22113 ARKO CONVENIENCE STORES, 7272 8/06/24 8/06 A61655 CHK: 216536 22113 COMPUTER TRANSITION SERV 7304 8/06/24 8/06 A61659 CHK: 216540 22113 K G S TRACTOR SALES, LLC 7400 8/08/24 8/09 A61702 CHK: 216563 22129_B 5 JT WELDING SUPPLY 1180 8/08/24 8/09 A61703 CHK: 216564 22129 BROCK VETERINARY CLINIC, 1302 8/08/24 8/09 A61704 CHK: 216565 22129 DAVIS FURNITURE COMPANY 1600 8/08/24 8/09 A61706 CHK: 216567 22129 DIMAS, LETICIA 8/08/24 8/09 A61707 CHK: 216568 22129 GEBO'S DISTRIBUTING CO., 2000 B/08/24 8/09 A61709 CHK: 216570 22129 LAMESA BUTANE COMPANY 2500 8/08/24 8/09 A61710 CHK: 216571 22129 TEXAS COMMISSION ON ENVI 3977 8/08/24 8/09 A61711 CHK: 216572 22129 TREVINO SANDY 8/08/24 8/09 A61712 CHK: 216573 22129 TEXAS HOUSING ASSOCIATIO 6085 8/08/24 8/09 A61713 CHK: 216574 22129 KWIK KAR OIL 6 LUBE 6691 8/08/24 8/09 A61714 CHK: 216575 22129 MCCREARY, VESELKA, BRAGG 6774  50.00CR 87,169.04CR 450.00CR 87,619.04CR 50.00CR 87,669.04CR 50.00CR 87,719.04CR 50.00CR 87,769.04CR 50.00CR 87,819.04CR 100.00CR 87,919.04CR 300.00CR 88,219.04CR 124.20CR 88,343.24CR 1,300.00CR 89,643.24CR 22.71CR 89,665.95CR 14.00CR 89,679.95CR 12.00CR 89,691.95CR 27.00CR 89,718.95CR 524.10CR 90,243.05CR 1,208.28CR 91,451.33CR 60.00CR 91,511.33CR 70,813.68CR 162,325.01CR 440.57CR 162,765.58CR 74.76CR 162,840.34CR 373.20CR 163,213.54CR 132.23CR 163,345.77CR 89.00CR 163,434.77CR 353.68CR 163,788.45CR 953.00CR 164,741.45CR 76.76CR 164,818.21CR 249.00CR 165,067.21CR 133.42CR 165,200.63CR 33.71CR 165,234.34CR BB4.66CR 166,119.00CR 100.00CR 166,219.00CR 49.99CR 166,268.99CR 249.00CR 166,517.99CR 21,617.73CR 188,135.72CR 11,286.89CR 199,422.61CR 294.35CR 199,716.96CR 381.46CR 200,098.42CR 1,055.44CR 201,153.86CR 1,638.77CR 202,792.63CR 320.00CR 203,112.63CR 1,294.36CR 204,406.99CR 893.36CR 205,300.35CR 4,205.64CR 209,505.99CR 1,118.09CR 210,624.08CR 690.00CR 211,314.08CR 381.80CR 211,695.88CR 203.09CR 211,898.97CR  5842 6316 7082 7162  1650 5385    9-12-2024 4:00 PM FUND 01 -GENERAL FUND DEPT :N/A 1001  DETAIL LISTING  PAGE: 3  PERIOD TO USE: Aug-2024 THRU Aug-2024  ACCOUNTS: 1001  THRU 1001  POST DATE TRAN # REFERENCE tT--Cdrtw VEND INV/JE 8/08/24 8/09 A61715 CHK: 216576 22129 OMNIGO SOFTWARE, LLC 6966 8/08/24 8/09 A61716 CHK: 216577 22129 COMPUTER TRANSITION SERV 7304 8/08/24 8/09 A61718 CHK: 216579 22129 WEST TEXAS CONSULTANTS 7399 8/08/24 8/09 A61719 CHK: 216580 22123 JESSICA RAMON B/08/24 B/09 A61720 CHK: 216581 22123 FRANCISCO SOLIS 8/08/24 8/09 A61721 CHK: 216582 22123 AUERILO GARZA 8/08/24 8/09 A61722 CHK: 216583 22123 ZACHARY SILVAS 8/08/24 8/09 A61723 CHK: 216584 22123 RAFAEL ESQUIVEL 8/08/24 8/09 A61724 DET: 000214 22125 TEXAS MUNICIPAL RETIREME 3973 8/08/24 8/09 A61725 DFT: 000215 22125 INTERNAL REVENUE SERVICE 5832 B/08/24 8/09 A61726 DET: 000216 22125 NATIONWIDE INVESTMENT SE 7211 8/08/24 8/09 A61727 DFT: 000217 22125 MATHER & STROHL ADMINIST 7344 8/08/24 8/09 A61728 CHK: 216585 22125 CAPROCK FEDERAL CREDIT U 1390 8/08/24 8/09 A61729 CHK: 216586 22125 JAE FITNESS 8/08/24 B/09 A61730 CHK: 216587 22125 TX CHILD SUPPORT SDU 6905 8/08/24 8/09 A61731 CHK: 216588 22125 US DEPARTMENT OF THE TRE 7225 8/08/24 8/09 A61732 CHK: 216589 22125 TX CHILD SUPPORT SDU 7349 8/08/24 8/09 A61733 CHK: 216590 22125 TX CHILD SUPPORT SDU 7350 8/08/24 B/09 A61734 CHK: 216591 22125 TX CHILD SUPPORT SDU 7368 8/09/24 8/09 A61735 CHK: 216592 22131 PAYROLL FUND B/13/24 8/13 A61764 CHK: 216614 22138 FREEDOM FOREVER LLC ATTN 1 B/13/24 8/13 A61765 CHK: 216615 22138 TIB, NATIONAL ASSOCIATIO 7182 8/13/24 8/13 A61768 CHK: 216618 22138 ISAIAH ARMENDARIZ 8/13/24 8/13 A61769 CHK: 216619 22138 JARRETT WIGINGTON 8/13/24 8/13 A61770 CHK: 216593 22137 AT 6 T MOBILITY 8/13/24 8/13 A61771 CHK: 216594 22137 FIGGINBOTHAM'S GENERAL o 2180 8/13/24 8/13 A61774 CHK: 216597 22137 LYNTEGAR ELECTRIC COOPER 2728 8/13/24 8/13 A61775 CHK: 216598 22137 POKA-LAMBRO COMMUNCIATIO 3358 8/13/24 8/13 A61778 CHK: 216601 22137 WATERMASTER IRRIGATION 4129 8/13/24 8/13 A61779 CHK: 216602 22137 WINDSTREAM COMMUNICATION 4460 8/13/24 8/13 A61780 CHK: 216603 22137 WEST TEXAS PAVING 8/13/24 8/13 A61781 CHK: 216604 22137 NOALMARK BROADCASTING CO 6157 8/13/24 8/13 A61782 CHK: 216605 22137 ETC LITE, LLC 8/13/24 8/13 A61783 CHK: 216606 22137 AEG PETROLEUM LLC 8/13/24 8/13 A61784 CHK: 216607 22137 ROSS I GANNAWAY, PLLC 6919 8/13/24 8/13 A61785 CHK: 216608 22137 DISH 8/13/24 B/13 A61786 CHK: 216609 22137 HUNTINGTON NATIONAL BANK 7029 8/13/24 8/13 A61787 CHK: 216610 22137 PITNEY BOWES GLOBAL FINA 7242 8/13/24 8/13 A61788 CHK: 216611 22137 BARDO OLVERA 8/13/24 8/13 A61789 CHK: 216612 22137 JUAN CARLOS AGUAYO 7397 8/13/24 8/13 A61790 CHK: 216613 22137 K6 6S TRACTOR SALES, LLC 7400 8/13/24 8/13 A61791 CHK: 216625 22140 LAMESA ECONOMIC DEVELOPM 2555 8/13/24 8/13 A61792 CHK: 216626 22140 LAMESA ECONOMIC ALLIANCE 5942 8/13/24 8/13 U33409 CHECK 216620 25602 REFUND: GONZALES, TELE 8/13/24 8/13 U33409 CHECK 216621 25602 REFUND: CRAWFORD, KEVIN D 8/13/24 8/13 U33409 CHECK 216622 25602 REFUND: COWAN, J CRAIG 8/13/24 8/13 U33409 CHECK 216623 25602 REFUND: PIERCE, AMANDA  NOTE -----AMOUNT--- ----BALANCE--  CASH IN BANK  (CONTINUED )*  8,363.50CR 220,262.47CR 92,131.11CR 312,393.58CR 273,072.00CR 585,465.58CR 101.19CR 585,566.77CR 82.55CR 585,649.32CR 15.00CR 585,664.32CR 16.00CR 585,680.32CR 15.00CR 585,695.32CR 20,278.66CR 605,973.98CR 41,126.87CR 647,100.85CR 465.00CR 647,565.85CR 1,038.46CR 648,604.31CR 21,846.40CR 670,450.71CR 244.84CR 670,695.55CR 271.09CR 670,966.64CR 303.94CR 671,270.58CR 185.54CR 671,456.12CR 231.23CR 671,687.35CR 148.62CR 671,835.97CR 112,477.60CR 784,313.57CR 75.00CR 784,388.57CR 274,427.51CR 1,058,816.08CR 16.00CR 1,058,832.08CR 16.00CR 1,058,848.08CR 2,224.70CR 1,061,072.7BCR 4,970.73CR 1,066,043.51CR 122.32CR 1,066,165.83CR 1,905.33CR 1,068,071.16CR 483.37CR 1,068,554.53CR 11.39CR 1,068,565.92CR 750.00CR 1,069,315.92CR 679.50CR 1,069,995.42CR 210.00CR 1,070,205.42CR 1,544.40CR 1,071,749.82CR 305.00CR 1,072,054.82CR 341.17CR 1,072,395.99CR 831.56CR 1,073,227.55CR 296.85CR 1,073,524.40CR 14,000.00CR 1,087,524.40CR 300.00CR 1,087,824.40CR 85.01CR 1,087,909.41CR 28,002.07CR 1,115,911.4BCR 28,002.07CR 1,143,913.55CR 95.54CR 1,144,009.09CR 92.12CR 1,144,101.21CR 0.75CR 1,144,101.96CR 68.20CR 1,144,170.16CR  6857 6965 7028 7190 7193  6023  3270 7356 7402 0885  5390 6633 6879 6954 7359    9-12-2024 4:00 PM FUND : 01 -GENERAL EUND DEPT N/A 1001  DETAIL LISTING  PAGE:  PERIOD TO USE: Aug-2024 THRU Aug-2024  ACCOUNTS: 1001  THRU 1001  POST DATE TRAN# REEERENCE PACKED----DESCRIPTION----- VEND INV/JE  NOTE -----AMOUNT--- ----BALANCE---  CASH IN BANK  ( CONTINUED )* 1465 7028 7058  8/13/24 8/13 U33409 CHECK 216624 25602 REFUND: ALVAREZ, JUAN C 8/15/24 8/15 A61822 CHK: 216645 22150 CITY OF LAMESA 8/15/24 8/15 A61823 CHK: 216646 22150 AUERILO GARZA 8/15/24 8/15 A61824 CHK: 216647 22150 LISHA LAND 8/15/24 8/15 A61825 CHK: 216627 22149 MAYFIELD PAPER COMPANY, 2957 8/15/24 8/15 A61827 CHK: 216629 22149 WATERMASTER IRRIGATION 4129 8/15/24 8/15 A61828 CHK: 216630 22149 EQUIPMENT SUPPLY co. INC 5225 8/15/24 8/15 A61830 CHK: 216632 22149 BENMARK SUPPLY CO., INC. 5250 8/15/24 8/15 A61831 CHK: 216633 22149 AUTOZONE, INC. 8/15/24 8/15 A61832 CHK: 216634 22149 NAPA AUTO PARTS B/15/24 8/15 A61834 CHK: 216636 22149 VERIZON WIRELESS B/15/24 8/15 A61836 CHK: 216638 22149 JOHNNY MARTINEZ 8/15/24 8/15 A61837 CHK: 216639 22149 ULINE, INC. B/15/24 8/15 A61838 CHK: 216640 22149 FERGUSON WATERWORKS #788 6582 8/15/24 8/15 A61839 CHK: 216641 22149 TEXAS COMMUNITIES GROUP 6603 8/15/24 8/15 A61840 CHK: 216642 22149 ENER-TEL SERVICES B/15/24 8/15 A61841 CHK: 216643 22149 BLUE CROSS BLUE SHIELD 0 7340 8/15/24 B/15 A61842 CHK: 216644 22149 HOWARD INDUSTRIES, INC 7390 8/15/24 8/15 A61843 CHK: 21664B 22151 LAMESA CHAMBER OF COMMER 1457 8/19/24 8/19 A61852 CHK: 216649 22156 POSTMASTER 8/20/24 8/20 A61861 CHK: 216674 22164 CITY OF LUBBOCK 8/20/24 8/20 A61862 CHK: 216675 22164 AMERICAN EXPRESS B/20/24 8/20 A61863 CHK: 216676 22164 FERGUSON WATERWORKS #788 6582 8/20/24 8/20 A61864 CHK: 216677 22164 PREMIER WATERWORKS, INC 6983 8/20/24 8/20 A61865 CHK: 216650 22160 LAMESA ECONOMIC DEVELOPM 2555 8/20/24 8/20 A61866 CHK: 216651 22160 ROCKY'S BURGERS 8/20/24 8/20 A61867 CHK: 216652 22160 WINDSTREAM COMMUNICATION 4460 8/20/24 8/20 A61868 CHK: 216653 22160 AMERICAN EXPRESS B/20/24 8/20 A61872 CHK: 216657 22160 TASCOSA OFFICE MACHINES, 5115 8/20/24 8/20 A61873 CHK: 216658 22160 UTILITY SERVICE CO., INC 5824 8/20/24 8/20 A61874 CHK: 216659 22160 LAMESA ECONOMIC ALLIANCE 5942 8/20/24 8/20 A61875 CHK: 216660 22160 CAPROCK IRRIGATION LLC 6297 8/20/24 8/20 A61876 CHK: 216661 22160 RELIANT ENERGY 8/20/24 8/20 A61879 CHK: 216664 22160 CANON FINANCIAL SERVICES 6580 8/20/24 8/20 A61880 CHK: 216665 22160 RANDALL DAVIS 8/20/24 8/20 A61881 CHK: 216666 22160 PREMIER WATERWORKS,INC 6983 B/20/24 8/20 A61882 CHK: 216667 22160 DAWSON COUNTY TAX ASSESS 7048 8/20/24 8/20 A61887 CHK: 216672 22160 ZACHARY SILVAS 8/20/24 8/20 A61888 CHK: 216673 22160 PABLO M VASQUEZ 8/22/24 8/22 A61892 CHK: 216678 22169 DACO 8/22/24 8/22 A61893 CHK: 216679 22169 ATMOS ENERGY CORPORATION 1730 8/22/24 8/22 A61894 CHK: 216680 22169 HELENA AGRI-ENTERPRISES, 2260 8/22/24 8/22 A61895 CHK: 216681 22169 ROCKY'S BURGERS 8/22/24 8/22 A61896 CHK: 216682 22169 TASCOSA OFFICE MACHINES, 5115 8/22/24 8/22 A61899 CHK: 216685 22169 WEST TEXAS PAVING 8/22/24 8/22 A61900 CHK: 216686 22169 DESIGNS IN THREAD 8/22/24 8/22 A61901 CHK: 216687 22169 GRAINGER  100.00CR 1,144,270.16CR 245.00CR 1,144,515.16CR 15.00CR 1,144,530.16CR 95.00CR 1,144,625.16CR 1,036.04CR 1,145,661.20CR 458.37CR 1,146,119.57CR 1,820.07CR 1,147,939.64CR 14,102.00CR 1,162,041.64CR 306.60CR 1,162,348.24CR 1,255.69CR 1,163,603.93CR 1,689.02CR 1,165,292.95CR 94.54CR 1,165,387.49CR 177.74CR 1,165,565.23CR 1,840.42CR 1,167,405.65CR 240.24CR 1,167,645.89CR 43.30CR 1,167,689.19CR 61,069.41CR 1,228,758.60CR 2,437.10CR 1,231,195.70CR 3,270.00CR 1,234,465.70CR 3,000.00CR 1,237,465.70CR 29,465.40CR 1,266,931.10CR 1,234.90CR 1,268,166.00CR 1,501.56CR 1,269,667.56CR 4,665.50CR 1,274,333.06CR 30,954.52CR 1,305,287.5BCR 187.60CR 1,305,475.18CR 92.45CR 1,305,567.63CR 8,129.07CR 1,313,696.70CR 1,082.92CR 1,314,779.62CR 22,719.67CR 1,337,499.29CR 30,954.52CR 1,368,453.81CR 180.18CR 1,368,633.99CR 32,422.82CR 1,401,056.81CR 787.57CR 1,401,844.3BCR 23.00CR 1,401,867.38CR 3,440.00CR 1,405,307.38CR 120.00CR 1,405,427.38CR 16.00CR 1,405,443.38CR 225.00CR 1,405,668.3BCR 100.00CR 1,405,768.38CR 406.BBCR 1,406,175.26CR 140.28CR 1,406,315.54CR 70.30CR 1,406,385.84CR 2,588.44CR 1,408,974.2BCR 778.75CR 1,409,753.03CR 71.50CR 1,409,824.53CR 204.40CR 1,410,028.93CR  5593 5833 5969 6022 6377 6785 3390 1470 4880 3780 4880  6316 6696 7190 7398 1580 3780 5390 5782 5898    9-12-2024 4:00 PM FUND : 01 -GENERAL FUND DEPT N/A 1001  DETAIL LISTING  PAGE:  PERIOD TO USE: Aug-2024 THRO Aug-2024  ACCOUNTS: 1001  THRU 1001  POST DATE TRAN # REFERENCE PACKET----DESCRIPTION------ VEND INV/JE 8/22/24 8/22 A61902 CHK: 216688 22169 NUTRIEN AG SOLUTIONS, IN 6659 8/22/24 8/22 A61903 CHK: 216689 22169 RANDALL DAVIS 8/22/24 8/22 A61904 CHK: 216690 22169 PREMIER AUTOMOTIVE OF LA 6961 8/22/24 8/22 A61905 CHK: 216691 22169 FERGUSON US HOLDINGS, IN 7161 8/22/24 8/22 A61906 CHK: 216692 22169 HD SUPPLY, INC 8/22/24 8/22 A61907 CHK: 216693 22169 PITNEY BOWES GLOBAL FINA 7242 8/22/24 8/22 A61908 CHK: 216694 22169 BENEFITMALL 8/22/24 8/26 A61918 CHK: 216703 22172 AFLAC INSURANCE 8/22/24 8/26 A61919 CHK: 216704 22172 WARREN CAT 8/22/24 8/26 A61920 CHK: 216705 22172 LEGAL SHIELD 8/22/24 B/26 A61921 CHK: 216706 22172 NEW YORK LIFE 8/22/24 8/26 A61922 CHK: 216707 22172 EUROFINS ENVIRONMENT TES 7174 8/22/24 8/26 A61926 DET: 000218 22170 TEXAS MUNICIPAL RETIREME 3973 8/22/24 8/26 A61927 DET: 000219 22170 INTERNAL REVENUE SERVICE 5832 8/22/24 B/26 A61928 DFT: 000220 22170 NATIONWIDE INVESTMENT SE 7211 8/22/24 8/26 A61929 DFT: 000221 22170 MATHER 6 STROHL ADMINIST 7344 8/22/24 8/26 A61930 CHK: 216695 22170 CAPROCK FEDERAL CREDIT U 1390 8/22/24 8/26 A61931 CHK: 216696 22170 PAYROLL EUND 8/22/24 8/26 A61932 CHK: 216697 22170 JAE FITNESS 8/22/24 8/26 A61933 CHK: 216698 22170 TX CHILD SUPPORT SDU 6905 8/22/24 8/26 A61934 CHK: 216699 22170 US DEPARTMENT OF THE TRE 7225 8/22/24 8/26 A61935 CHK: 216700 22170 TX CHILD SUPPORT SDU 7349 B/22/24 8/26 A61936 CHK: 216701 22170 TX CHILD SUPPORT SDU 7350 8/22/24 8/26 A61937 CHK: 216702 22170 TX CHILD SUPPORT SDU 7368 B/26/24 8/26 U33456 CHECK 216708 25654 REFUND: MOLINA, CASIMIRA 8/26/24 8/26 U33456 CHEÇK 216709 25654 REEUND: TORRES SR, SAUL 8/26/24 8/26 U33456 CHECK 216710 25654 REFUND: MORALES, YOLONDA A 8/26/24 8/26 U33456 CHECK 216711 25654 REFUND: WALTON, MISTI G 8/26/24 8/26 U33456 CHECK 216712 25654 REFUND: OSBORNE, LINDSEY 8/26/24 8/26 U33456 CHECK 216713 25654 REFUND: ALEXANDER, TONI M 8/29/24 8/29 A61946 CHK: 216738 22195 DACO 8/29/24 8/29 A61947 CHK: 216739 22195 DIMAS, LETICIA 8/29/24 8/29 A61948 CHK: 216740 22195 PARKHILL,SMITH & COOPER, 3263 8/29/24 8/29 A61949 CHK: 216741 22195 PAYTON PLUMBING INC 3286 8/29/24 8/29 A61950 CHK: 216742 22195 BIO-AQUATIC TESTING, INC 5770 8/29/24 8/29 A61951 CHK: 216743 22195 PREMIER WATERWORKS,INC 6983 8/29/24 8/29 A61952 CHK: 216744 22195 DC SUPPLY, LLC 8/29/24 8/29 A61953 CHK: 216745 22195 EUROFINS ENVIRONMENT TES 7174 8/29/24 8/29 A61954 CHK: 216746 22195 COMPUTER TRANSITION SERV 7304 8/29/24 8/29 A61955 CHK: 216747 22195 HOWARD INDUSTRIES, INC 7390 8/29/24 9/03 A61956 CHK: 216714 22194 ATMOS ENERGY CORPORATION 1730 8/29/24 9/03 A61957 CHK: 216715 22194 GARZA, DIONICIO JR 8/29/24 9/03 A61958 CHK: 216716 22194 TYLER TECHNOLOGIES, INC. 2310 8/29/24 9/03 A61959 CHK: 216717 22194 LAMESA MAILING 6 PACKING 2588 8/29/24 9/03 A61960 CHK: 216718 22194 WAIMART COMMUNITY/GECRB 4110 8/29/24 9/03 A61961 CHK: 216719 22194 EQUIPMENT SUPPLY CO. INC 5225 B/29/24 9/03 A61963 CHK: 216721 22194 GREAT AMERICA FINANCIAL 5734  NOTE -----AMOUNT--- ----BALANCE---  CASH IN BANK  ( CONTINUED )* 6696 7241 7341 1020 4122 5900 5921  706.11CR 1,410,735.04CR 41.14CR 1,410,776.18CR 21.00CR 1,410,797.18CR 436.12CR 1,411,233.30CR 212.06CR 1,411,445.36CR 86.09CR 1,411,531.45CR 84.00CR 1,411,615.45CR 1,917.02CR 1,413,532.47CR 4,062.48CR 1,417,594.95CR 117.25CR 1,417,712.20CR 85.96CR 1,417,798.16CR 1,599.50CR 1,419,397.66CR 18,965.76CR 1,438,363.42CR 37,902.39CR 1,476,265.B1CR 465.00CR 1,476,730.81CR 1,038.46CR 1,477,769.27CR 20,012.10CR 1,497,781.37CR 105,476.06CR 1,603,257.43CR 230.99CR 1,603,488.42CR 271.09CR 1,603,759.51CR 303.94CR 1,604,063.45CR 185.54CR 1,604,248.99CR 231.23CR 1,604,480.22CR 148.62CR 1,604,628.84CR 125.13CR 1,604,753.97CR 2.41CR 1,604,756.38CR 47.50CR 1,604,803.88CR 61.10CR 1,604,B64.9BCR 40.39CR 1,604,905.37CR 26.63CR 1,604,932.00CR 275.00CR 1,605,207.0OCR 1,560.00CR 1,606,767.00CR 3,049.86CR 1,609,816.86CR 6,500.00CR 1,616,316.86CR 1,200.00CR 1,617,516.86CR 3,440.00CR 1,620,956.86CR 5,643.00CR 1,626,599.86CR 1,900.00CR 1,628,499.86CR 13,806.79CR 1,642,306.65CR 46.00CR 1,642,352.65CR 1,516.89CR 1,643,869.54CR 72.32CR 1,643,941.86CR 3,260.49CR 1,647,202.35CR 70.80CR 1,647,273.15CR 340.46CR 1,647,613.61CR 1,360.50CR 1,648,974.11CR 59.55CR 1,649,033.66CR  3270 6023  1580 1650  7039  1969    9-12-2024 4:00 PM FUND : 01 -GENERAL FUND DEPT N/A 1001  DETAIL LISTING  PAGE:  PERIOD TO USE: Aug-2024 THRU Aug-2024  ACCOUNTS: 1001  THRU 1001  POST DATE TRAN # REFERENCE PACKET----DESCRIPTION--- VEND INV/JE# 8/29/24 9/03 A61964 CHK: 216722 22194 JOHN DEERE FINANCIAL 5861 8/29/24 9/03 A61965 CHK: 216723 22194 ADVANCED BUSINESS SOLUTI 5870 8/29/24 9/03 A61966 CHK: 216724 22194 SIERRA SPRINGS 8/29/24 9/03 A61967 CHK: 216725 22194 CAPROCK IRRIGATION LLC 6297 8/29/24 9/03 A61968 CHK: 216726 22194 RELIANT ENERGY 8/29/24 9/03 A61969 CHK: 216727 22194 LAW ENFORCEMENT SYSTEMS, 6593 8/29/24 9/03 A61970 CHK: 216728 22194 RANDALL DAVIS 8/29/24 9/03 A61971 CHK: 216729 22194 MODERN MARKETING, INC. 6942 8/29/24 9/03 A61972 CHK: 216730 22194 WARREN FLYE 8/29/24 9/03 A61973 CHK: 216731 22194 HUNTINGTON NATIONAL BANK 7029 8/29/24 9/03 A61974 CHK: 216732 22194 DC SUPPLY, LLC 8/29/24 9/03 A61975 CHK: 216733 22194 DAWSON COUNTY TAX ASSESS 7048 8/29/24 9/03 A61976 CHK: 216734 22194 COUFAI-PRATER EQUIPMENT 7181 8/29/24 9/03 A61977 CHK: 216735 22194 HD SUPPLY, INC 8/29/24 9/03 A61978 CHK: 216736 22194 COMPUTER TRANSITION SERV 7304 8/29/24 9/03 A61979 CHK: 216737 22194 COMPTROLLER OF PUBLIC AC 7392 8/30/24 9/03 BB1828 Misc 000008 12579 LIABILITY TSF G/F TO RISK MGMT JE# 032398 B/30/24 9/03 B81831 Misc 000011 12579 LIABILITY INS. TSF TO RISK MGT JER 032401 8/30/24 9/03 B81854 Misc 000014 12580 HEALTH INS. TSF. - G/F 8/30/24 9/03 B81857 Misc 000017 12580 GROUP HEALTH INSURANCE 8/30/24 9/03 B81860 Misc 000020 12581 WORKER COMP TSF TO RISK MGMT JE# 032410 8/30/24 9/03 B81863 Misc 000023 12581 WORKERS COMP. TSF TO RISK MGMT JE# 032413 B/30/24 9/09 B81919 Misc 000026 12590 SALES & USE TAX ACH DEBIT JE# 032431 8/30/24 9/12 B81940 Misc 000027 12600 TO RECORD DUE TO/FROM 8/30/24 9/12 BB1940 Misc 000027 12600 TO RECORD DUE TO/FROM 8/30/24 9/12 B81940 Misc 000027 12600 TO RECORD DUE TO/FROM 8/30/24 9/12 B81940 Misc 000027 12600 TO REÇORD DUE TO/FROM 8/31/24 9/11 B81935 Misc 000001 12595 GOVERNOR' S TAX PAYABLE  NOTE -----AMOUNT---- ----BALANCE----  CASH IN BANK  ( CONTINUED ) *  306.60CR 1,649,340.26CR 132.51CR 1,649,472.77CR 176.09CR 1,649,648.86CR 244.00CR 1,649,892.B6CR 25.43CR 1,649,918.29CR 148.00CR 1,650,066.29CR 958.89CR 1,651,025.18CR 249.99CR 1,651,275.17CR 15.00CR 1,651,290.17CR 2,530.21CR 1,653,820.3BCR 774.41CR 1,654,594.79CR 7.50CR 1,654,602.29CR 106.07CR 1,654,708.36CR 335.24CR 1,655,043.60CR 104.00CR 1,655,147.60CR 79.00CR 1,655,226.60CR 7,584.08CR 1,662,810.68CR 50.17CR 1,662,860.85CR 36,449.83CR 1,699,310.68CR 2,160.00CR 1,701,470.68CR 6,429.67CR 1,707,900.35CR 400.92CR 1,708,301.27CR 13,265.51CR 1,721,566.78CR 186.77CR 1,721,753.55CR 153.14CR 1,721,906.69CR 189.25CR 1,722,095.94CR 3.80CR 1,722,099.74CR 3,666.96CR 1,725,766.70CR  6114 6316 6696 6945 7039 7241  JEH 032404 JEH 032407 JE# 032443 JE# 032443 JE_032443 JE#032443 JE# 032438  AUGUST ACTIVITY DB:  0.00 CR: 1,725,766.70CR 1,725,766.70CR    9-12-2024 4:00 PM  DETAIL LISTING  PAGE:  SELECTION CRITERIA  FISCAL YEAR: EUND:  Oct-2023 / Sep-2024 Include: 01 CREDIT  PERIOD TO USE: Aug-2024 THRU Aug-2024  ACCOUNT SELECTION ACCOUNT RANGE: 1001 DEPARTMENT RANGE: THRU ACTIVE FUNDS ONLY: ACTIVE ACCOUNT ONLY: INCLUDE RESTRICTED ACCOUNTS: NO DIGIT SELECTION: PRINT OPTIONS OMIT ACCOUNTS WITH NO ACTIVITY: NO PRINT ENCUMBRANCES: PRINT VENDOR NAME: PRINT PROJECTS: PRINT JOURNAL ENTRY NOTES: NO PRINT MONTHLY TOTALS: PRINT GRAND TOTALS: PRINT: INVOICE # PAGE BREAK BY: NONE *** END OF REPORT ***  THRU 1001 NO NO  DETAIL NO NO NO YES NO    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17,2024  AGENDA ITEM:4  SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS: AUTHORITY:  RESOLUTION DESIGNATING AUTHORIZED SIGNATORIES FOR THE LAMESA HOUSING AUTHORITY AND LAMESA HOUSING  PROJECT: Resolution City Staff Resolution  SUMMARY STATEMENT  City Council to consider passing a resolution authorizing signatories for the Lamessa  Housing Authority and Lamesa Housing Project.  COUNCIL ACTION  Motion by Council Member seconded by Council Member  to pass a resolution authorizing and upon being put to a vote the motion  signatories for the Lamessa Housing Authority and Lamesa Housing Project. Motion  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    RESOLUTION NO.  Al RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR THE LAMESA HOUSING AUTHORITY and LAMESA WHEREAS, City Council to approve a resolution designating authorized signatories. WHEREAS, it is necessary to appoint signatories to execute contractual document and WHEREAS, an original signed copy of the resolution authorizing named individuals as WHEREAS, the City of Lamesa, Texas acknowledges that in the event that an authorized a resolution stating who the new authorized signatory is (not required if this original NOWTHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAMESA, The listed designees be authorized to execute documents include: Joe Hines City Manager, Josh Stevens, Mayor and Chairman HUD Section 8 and Sandy Trevino, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS on  HOUSING PROJECT  financial documents, and;  Depostony/Autnorzed Signatories is to be submitted to Lamesa National Bank signatory of the City changes (elections, illness, resignations, etc.),  resolution names only the title and not the name of the signatory); and  TEXAS, AS FOLLOWS:  Executive Director HUD Section 8  September 17, 2024  Josh Stevens, Mayor  Attest:  Betty Conde, City Secretary    Depository/Autnonzed Signatories Designation Form  The individuals listed below are designated by resolution as authorized signatories for  contractual and financial documents.  Josh Stevens (Name) Mayor/C Chairman HUD (Title) (Signature)  Joe Hines (Name) City Manager (Title) (Signature)  In addition to the individuals listed above, thei individuals listed below are designated by resolution  as authorized signatories. At least two (2) signatories required).  Joe Hines (Name) City Manager (Title) (Signature)  Sandy Trevino (Name) Executive Director (Title) (Signature)  Josh Stevens (Name) Mayor/Chairman HUD (Title) (Signature)  (Name) (Title) (Signature)    City Council Agenda  City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM: 5  SUBJECT: PROCEEDING: SUBMITTED BY: AUTHORITY:  BUDGET AMENDMENT VII Ordinance first reading City Staff  SUMMARY STATEMENT  City Council to consider amending Ordinance 0-13-23 on first reading with respect to the budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024. (This Budget Amendment is to record the receipt of insurance recovery for Mack  Truck). (City Manager & Finance)  COUNCIL ACTION  DISCUSSION  Motion by Council Member being put to a vote the motion  toa amend Ordinance 0-13-23 on first reading  with respect to the budget for the fiscal year beginning October 1, 2023, and ending  September 30, 2024.. Motion seconded by Council Member  and upon  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    ORDINANCE NO.  AN ORDINANCE OF THE CITY OF LAMESA, TEXAS, AMENDING ORDINANCE NO. 0-13-23 TO APPROPRIATE FUNDS IN THE CITY OF LAMESA BUDGET FOR FISCAL YEAR 2023-2024.  On the 17th day September 2024, there came on and was held at the City Hall of the City of Lamesa, Texas, an open meeting of the City Council of the City of Lamesa, Texas, held pursuant to the provisions of the Texas Open Meetings Act (Government Code, Chapter 551). There being a quorum present and acting throughout the meeting, the following ordinance was formally submitted by motion and duly seconded for the  consideration and action of the meeting, to-wit:  WHEREAS, the City Council desires to amend Ordinance No. 0-13-23 to make certain revisions to the 2023-2024 Budget of the City of Lamesa to authorize and  appropriate funds as listed below; and  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  OF LAMESA, TEXAS:  SECTION 1. That the City of Lamesa 2023-2024 Budget contained in Ordinance No. 0-13-23 be, and same is hereby, amended to change the amount appropriated by the  following:  Revenues $9,179.00  Expenditures $9,179.00  Solid Waste Management (03)  SECTION 2. Effective date: That this Ordinance shall become effective as of this  September 27, 2024.  SECTION 3. The City Secretary is hereby authorized and directed to cause Upon being put to a vote, the foregoing ordinance was Passed, on First Reading on September 27, 2024, by a majority vote; and on October 15, 2024, there was held at the regular meeting place, the City Hall, an open meeting of the City Council of the City of Lamesa, Texas held pursuant to the provisions of the Texas Open Meetings Act (Government. Code, Chapter 551); there being a quorum present and acting throughout the meeting, the foregoing ordinance was formally submitted by motion and duly seconded for the consideration and action of the meeting, and upon being put to a vote, the foregoing ordinance was Passed on Second Reading by a majority vote and ordered tob be spread upon the minutes of the City Council of the City of Lamesa, Texas and  publication of this Ordinance as provided by law.  recorded in the ordinance book thereafter.    CITY OF LAMESA  BUDGET AMENDMENT -7 FOR FY 2023/2024 Solid Waste Management Enterprise Fund (3)  This budget amendment is to record receipt of insurance recovery for damage on a Mac  Truck.  Increase Revenues - (03-42210) Increase Expenses - (03-5211504)  $9,179.00 $9,179.00    City of Lamesa  memo  To: From: CC: Date: Re:  Betty Conde Wayne Chapman 09/11/2024  Budget Amendment - Texas Municipal League Risk Pool  Comments:  This budget amendment is to record receipt ofi insurance recovery for  damage on a Mack" Truck. Insurance Recovery Heavy Equip  03-42210  $9,179.00  03-5211504 $9,179.00  Exception:  Signature: QpClepnan    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM: 6  SUBJECT: PROCEEDING: SUBMITTEDBY: EXHIBITS: AUTHORITY:  AUTHORIZE WARRANTS - GENERAL OPERATIONS  Resolution City Staff Resolution  SUMMARY STATEMENT  Consider passing resolution authorizing the issuance of interest-Dearing warrants, payable from the anticipated collections of the current fiscal year, not to exceed five hundred thousand dollars ($500,000.00), to be used where funds are necessary and  needed to meet current expenses of the city for the current fiscal year.  COUNCIL ACTION  Motion by Council Member  to pass a resolution authorizing the  issuance of interest-bearing warrants, payable from the anticipated collections of the current fiscal year, not to exceed five hundred thousand dollars ($500,000.00), to be used where funds are necessary and needed to meet current expenses of the city for  the current fiscal year. Motion seconded by Council Member  and upon  being put to a vote the motion  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    RESOLUTION NO.  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, AUTHORIZING THE ISSUANCE OF WARRANTS TO BE USED FOR DAILY OPERATIONS OF  THE CITY OF LAMESA.  On this the 17th day of September 2024, there came on and was held at the regular meeting place, the City Hall, an open meeting of the City Council of the City of Lamesa, Texas held pursuant to the provisions of the Texas Open Meetings Act; there being a quorum present and acting throughout the meeting, the following resolution was formally submitted by motion and duly seconded for the consideration and action of the meeting,  towit:  WHEREAS, the City Council of the City of Lamesa wishes to authorize the issuance of interest-bearing warrants, payable from the anticipated collections of the current fiscal year, not to exceed five hundred thousand dollars ($500,000.00), to be used where funds are necessary and needed to meet current expenses of the city for the  current fiscal year; and departments; and  WHEREAS, said warrants are necessary for the continued operation of city WHEREAS, it is in the public interest and welfare that said resolution be passed; BE ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, that Mayor and City Secretary be, and they are hereby authorized to issue warrants to the Lamesa National Bank not to exceed Five Hundred Thousand Dollars and no/100 ($500,000.00), the money sO obtained to be used for daily operations of the City of  Lamesa to be paid out of current tax revenue.  BE IT FURTHER RESOLVED that a certified copy of this resolution be delivered Upon being put to a vote, the resolution was Passed, Approved, and Adopted this 17th day of September, 2024 by a majority vote and ordered to be spread upon the minutes of the City Council of the City of Lamesa, Texas and recorded in the resolution  to the Lamesa National Bank.  book thereafter. ATTEST:  APPROVED:  Betty Conde City Secretary  Josh Stevens Mayor    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM:7  SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS: AUTHORITY:  AMERICAN RESCUE PLAN ACT (ARPA):  City Staff  SUMMARY STATEMENT  Considering engaging Parkhill Engineers to design and bid a 2024-25 Street project in 6 districts within the Cooperate limits of Lamesa. (City Manager and Public Works  Director)  COUNCIL ACTION  Motion by Council Member Motion seconded by Council Member  to engage Parkhill engineers to design and upon being put to a vote the  and bid a 2024-25 Street project in 6 districts within the corporate limits of Lamesa.  motion  VOTING:  "AYE"  "NAY"  "ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    From: Corky Neukam cemeuxameparanil.com> Sent: Tuesday, September 10, 20245:20PM To:. Joe Hines gninesecamesa.ku  Cc: Robert Ramirez publicworks@ci.amesa.tK.US); Kyle Jackson Klackson@Paranl.com) Subject: RE: 43749.24 Lamesa 2024 ARPA Delivery Schedule (Preliminary)  Joe,  Following our discussion this morninglcan: absolutely appreciate the tight spot thaty you are in. Ihave revised the example plan and section sheetto place the chip: seal vs hot mix tables on a separate sheet. lalso did al bare bones table that included installing a valley drain, apron at both corners and curb and gutter for the radius. For the point repair areasl used the flexible pavement repair item at 6" depth (minimum: area10'x10').-. This item included prime, cement stabilization sO1 that would be double counted. Ithink the random patch, seal, drainage can help you spread the wealth over all 6 Districts. For Geotech I had Atlas estimate 6 locations. Conduct sampling and testing of thei in-situ materials and conduct: a CBR determination by falling weight deflectometer. As far as survey! I had them estimate conducting a topo graphic survey based on 1 call out and  cross sectioning 100-300fti in length.  Ihave received your budget of $690,445.65 to include your desired roadway improvements, survey, Geotech, design, bid and construction phase services. Belowisa first pass at distributing the budget... note thatirounded for discussion purposes.  Construction Estimate: $515,000 (about 75% of budget) Design Phase Services: $65,000 (about 10% of budget) Construction Phase Services: $87,670.65(1396 of budget)  Geotech: $12,775 Survey: $10,000  Please let me knowy your thoughts.  Corky Neukam Civil Project Manager Parkhill 806.378.8612 IE Parkhill.com    Lamesa ARPA 2024 Proposal    9s u T 219215 B  Lamesa ARPA 2024 Proposal    S  n  5 K /  Lamesa ARPA 2024 Proposal    This document is a MODIFIED version of EJCDCOE E-500, Copyrighto2020 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, ori is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.  AGREEMENT BETWEEN CITY OF LAMESA AND PARKHILL  FOR PROFESSIONAL SERVICES  Agreement between Ownera andE Engineert for Professional Services  Page1ofi    AGREEMENT BETWEEN CITY OF LAMESA AND PARKHILL PROFESSIONAL SERVICES  THIS IS AN AGREEMENT effective as of between City ofL Lamesa ("OWNER") and Parkhill ("ENGINEER). generally identified as follows: Lamesa 2024A ARPA_("Project).  ("Effective Date")  OWNER'S Project, of which ENGINEER'S services under this AGREEMENT are a part, is ENGINEER'S services under this AGREEMENT are generally identified as follows: Project topographical survey and geotechnical sampling and testing, construction drawings. roadway improvements. drainagei improvements specifications. and opinion of probable cost (OPC). bid documents.  and coordination with Texas Department of Licensing and Regulation, and Owner.  OWNER and ENGINEER further agree as follows:  Agreement between Ownera and! Engineerf for Professional Services  Pagelof1    AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL  SERVICES TABLE OF CONTENTS  Page  Article 1- Services Of Engineer 1.01 Scope. Article 2- Owner's Responsibilities. 2.01 Project Information Documents 2.03 Owner-Furnished, Services. 2.04 Owner's General Responsibilities. 2.05 Payment.. Article 3- Schedule For Rendering Services. 3.01 Commencement. 3.02 Time for Completion.. Article 4- Invoices And Payments 4.01 Invoices. 4.02 Payments. Article 5- Opinions Of Cost. 5.01 Opinions of Probable Construction Cost. 5.02 Opinions ofTotal Project Costs Article 6- General Considerations. 6.01 Standards of Performance. 6.02 Ownership and Use of Documents. 6.03 Electronic Transmittals 6.04 Insurance. 6.05 Suspension and Termination. 6.06 Successors, Assigns, and Beneficiaries 6.07 Dispute Resolution 6.08 Controlling Law; Venue. 6.09 Environmental Condition of Site. 6.10 Indemnification and Mutual Waiver. 6.11 Records Retention. 6.12 Miscellaneous Provisions.. Article 7- Definitions. 7.01 Defined Terms. Article 8- Exhibits And Special Provisions. 8.01 Exhibits to Agreement. 8.02 Total Agreement. 8.03 Designated Representatives 8.04 Engineer's Certifications. 8.05 Conflict of Interest..  2.02 OwnersInstructions Regarding Bidding/Proposal and Front-End Construction Contract  10 11 12 13 14 14 15 16 17 17 18 18 23 23 23 23 23 24  Agreement between Owner andE Engineerf forF Professional Services  TOC Page: 1of1    AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Thisi is an Agreement between City of Lamesa (Owner) and Parkhill (Engineer). Owner's Project, ofv which Engineer'sservicesi undert this Agreement area a part, isgenerallyi identified as Lamesa ARPA2024 (Project). Other terms used in this Agreement are defined in Article 7 or elsewhere herein as may be indicated. Engineer's services under this Agreement are generally identified as providing services consisting of project specific location survey, geotechnical sampling and testing, develop construction plans and specifications from City provideda areas toi improve drainage, repairs street pavement: structure, andsurface course as established budget allows. It is our understanding that this grant funded project must be committed before the end of December 2024. Additionally, we will assist the City with advertising the project for public bid and make a recommendation on award. Furthermore, construction administration and monitoring during construction to assist the City with assurance of good quality and good  workmanship delivery by the contractor. Owner and Engineer further agree as follows: ARTICLE1 1-SERVICES OF ENGINEER  1.01 Scope  A. Engineershall, provide, or causet to bep provided, thes services set forth! herein andi in Exhibit A. B. Allp phases of service will include Management of Engineering Services as shown in Exhibit A.  ARTICIEZ-OWNERS RESPONSIBILITIES 2.01 Project Information  A. To the extent Owner has not already provided the following, or has new, additional, or revised information from that previously provided, Owner shall provide Engineer with information and data needed by Engineer in the performance of Basic and Additional  Services, including Owner's: 1. design objectives and constraints; 2. space, capacity, and performance requirements; 3. flexibility and expandability needs; 4. design and construction standards; 5. budgetary limitations; and  6. any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent tot the Site. B. Following Engineer's assessment of initially-available Project information and data and upon Engineer's request, Owner shall obtain, furnish, or otherwise make available (if necessary through retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or provide all or part of such additional information as Additional Services. Such additional  information or data may include thet following: 1. Property descriptions.  Agreement between Owner andE Engineer for Professional Services  Page 1of25    2. Zoning, deed, and other land use restrictions. 3. Surveys, topographic mapping, and utility documentation. including establishing relevant reference points.  4. Property, boundary, easement, right-of-way, and other special surveys or data, 5. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; appropriate professional Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, 7. Data or consultations as required for the Project but not otherwise identified in this Owner shall examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer and render in writing timely decisions pertaining thereto. Owner may, at Owner's expense, obtain advice of an attorney, risk manager, insurance counselor, financial/municipal. advisor, and other advisors or consultants as Owner deems appropriate with respect to such examinations. D. Owner shall furnish to Engineer data as to Owner's anticipated costs for services to be provided to Owner by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) so that Engineer may assist Owner in collating the various cost categories that comprise Total Project Costs. . Owner shall advise Engineeri if anyi invention, design, process, product, or device that Owner has requested, required, or recommended fori inclusion int the Drawings or Specifications will be subject to payment (whether by Owner or Contractor) of any license fee or royalty to  interpretation ofs such information or data.  and adjacent areas. Agreement.  others, as required by patent rights or copyrights.  2.02 Owner's Instructions Regarding Bidding/Proposal and Front-End Construction Contract  Documents  A. Owner shall give instructions to Engineer regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable) and Owner's construction contract practices and requirements, and furnishi tol Engineer (or give specific directions requesting Engineer to use 1. Owner's standard contract forms, general conditions (if other than the current edition of EJCDCO C-700, Standard General Conditions of the Construction Contract), supplementary conditions, text, and related documents and content for Engineer to include in the draft Bidding/Proposal Documents, and in draft Front-End Construction  copies already in Engineer's possession)t thet following:  Contract Documents; 2. insurance and bonding requirements;  3. protocols for electronic transmittals during bidding and construction;  4. Owner'ssafety and security programs applicable to Contractor and other Constructors;  Agreement! between Owner andE Engineer for Professional Services  Page 2of25    5. diversity and other social responsibility requirements;  6. bidding and contract requirements of funding, financing, or regulatory entities; 7. other specific conditions applicable to the procurement of construction or contract 8. any other information necessary for Engineer to assist Owner in preparing its Bidding/Proposal Documents and Front-End Construction Contract Documents. B. Ownershall! have responsibility for thef final content of( (1)s such Bidding/Proposal. Documents, and (2) such Front-End Construction Contract Documents, other than content furnished by Engineer concerning the design (as set forth ini the Drawings, Specifications, or otherwise) or 1. Owner shall seek the advice of Owner's legal counsel, risk managers, and insurance advisors with respect tot the drafting and content of such documents. Ifthere will be an advertisement soliciting bids for construction, Owner shall place and pay  documents;  other engineering ort technical matters.  forsucha advertisement.  2.03 Owner-Furnished Services  A. Recognizing and acknowledging that Engineer's services and expertise do not include the 1. Accounting, bond and financial advisory services (including, if applicable, "municipal advisor" services as described in Section 975 oft the Dodd-Frank Wall Street Reformand Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance 2. Legal services, including attorney review of proposed Construction Contract Documents, legal services required by Owner, legalservices needed as a result ofi issues raised by Contractor, and Project-related legal services reasonably requested by 3. Auditing services, including those needed by Owner to ascertain how or for what B. Owner shall provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other thant those required to bei furnished or arranged by Contractor), ortoe evaluate the performanceofmaterias, equipment, andi facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Owner shall provide Engineer with the findings and reports generated by testing laboratories, including findings and reports obtained from or through Contractor. Owner shalla acquire or arrange for acquisition oft the Site(s) and any temporary or permanent rights of access, easements, or property rights needed fort the Project. D. With respect to the portions or phases of the Project designed or specified by Engineer, 1. all required reviews, approvals, consents, and permits from governmental authorities  following services, Owner shall obtain, as required fort the Project:  counseling services.  Engineer.  purpose Contractor has used money paid toit.  Owner shall provide, obtain, or arrange for: havingj jurisdiction, and  Agreement between Owner and Engineer forF Professional Services  Page 3of2 25    2. such reviews, approvals, and consents from others as may be necessaryi for completion E. Owner may delegate to Contractor or others the responsibilities set forth in A. Owner shalli inform Engineer of the policies, procedures, andi requirements of Ownerthatare applicable tol Engineer's performance of services under this Agreement. B. Owner: shall provide Engineer with Owner's budget fort thel Project, including type and source ofi funding to be used, and will promptly inform Engineer if the budget or funding sources Owner: shalli inform Engineer in writing ofa any safety or security programs that are applicable to the personnel of Engineer, its Subconsultants, and Engineer's! Subcontractors, as they visit D. Owner shall arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this E. Owner shall provide necessary direction and make decisions, including prompt review of Engineer's submittals, and carry out its other responsibilities in ai timely manner so as nott to F. Owner shall ber responsible for all requirements andi instructions that it furnishes to Engineer pursuant tot this Agreement, and fort the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise 1. any development that affects the scope or time of performance of Engineer'sservices; 3. any relevant, material defect or nonconformance in: (a) Engineer's services, (b) the Work, (c)the performance of any Constructor, or (d) Owner's performance of its H. Owner shall advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and IfOwner designates a construction manager, site representative, or any individual or entity otherthan, ori in addition to, Engineer to represent Owner at the Site, Owner shall define and set forth as an exhibit to this Agreement the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and  ofeach portion or phase of the Project.  Paragraphs 2.03.CandD D.  2.04 Owner's General Responsibilities  change.  the Site or otherwise perform services undert this Agreement.  Agreement.  delay Engineer's performance of its services.  express limitations or reservations applicable to thei furnished items.  becomes aware of:  2. the presence at the Site ofa any Constituent of Concern; or  responsibilities under this Agreement.  constructability review.  authority of Engineer.  Agreement! between Owner and Engineerf for Professional Services  Page 4of2 25    J. Owner shall:  1. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job-related meetings, and Site visits to determine Substantial Completion and readiness of the completed Work for final 2. Primarily communicate with Engineer's Subcontractors and Subconsultants through the a. Promptly inform Engineer of the substance of any communications between b. Refraini from directing thes services ofE Engineer's Subcontractors or Subconsultants. 3. Authorize Engineer to provide Additional Services as set forthi in Article 2 of Exhibit AC of  payment. Engineer.  Owner and Engineer's Subcontractors or Subconsultants.  the Agreement, as required. 4. Perform or provide thei following:  a. List of priority project locations to be developed.  2.05 Payment  A. Owner shall pay Engineer as set forthi in Article 4 and Exhibitl. summary and the contents of Exhibit 1, then Exhibit Iwill prevail.  B. Engineer's compensation is summarized below. If there is a conflict between the following  Basis of Compensation  Description of Service 1. Preliminary Design Phase 2. Final Design Phase 3. Bidding and Negotiating Phase 4. Construction Phase 5. Geotechnical Survey Services 6. Topographical Survey 7. Resident Project Representative (RPR) Services Based on at three-month continuous construction period.  Amount $15,000.00 Lump Sum $45,000.00 Lump Sum $5,000.00 Lump Sum $27,198.65 Lump Sum $12,775.00 Reimbursable $10,000.00 Reimbursable $60,472.00 Lump Sum  1. Compensation items and totals based in whole or in part on Hourly Rates are estimates 2. Lump sum amounts incorporate Engineer's labor, overhead, profit, and Engineer's  only.  Subcontractor and Subconsultants' charges.  ARTICLE 3-SCHEDULE FOR RENDERING SERVICES  3.01 Commencement  A. Engineer is authorized to begin rendering services as of the Effective Date.  Agreement between Owner andE Engineer for Professional Services  Page 5of25    3.02 Time for Completion  A. Engineer shall complete its obligations within ar reasonable time. Specific periods of time for rendering services, or specific dates by which services are to be completed, are provided in B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer'sservicesi is impaired, orE Engineersservices. are delayed or suspended, then the time for completion of Engineer's services, and the rates and IfOwner authorizes changes in the scope, extent, or character of the Project or Engineer's services, then the timet for completion of Engineer's services, and the rates and amounts of D. IfOwner fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if Engineer's services are delayed through no fault of Engineer, Engineer shall be entitledi to equitable adjustment ofr rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Engineer in connection with, among other things, such delay or suspension and reactivation and thei fact that the time for performance underi this Agreement has been  Exhibit B, and are hereby agreed tol be reasonable.  amounts of Engineer's compensation, will be adjusted equitably. Engineer's compensation, will be adjusted equitably.  revised.  ARTICLE 4-INVOICES AND PAYMENTS  4.01 Invoices  A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance withi its standard invoicing practices, the progress reporting and special invoicing requirements (if any) in Exhibit A Paragraph 1.01.A, and the terms of Exhibitl I. Engineer shall submit its invoices to Owner on a monthly basis. Undisputed invoice amounts are due and payable  within 30 days of receipt.  4.02 Payments  A. Application to Interest and Principal: Payment will be credited first to any interest owed to B. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so; may withhold only that portion sO disputed; and must pay the undisputed portion, subject tot the terms of Paragraph 4.01. After a disputed item has been resolved, Engineers shalli include the Failure to Pay: If Owner fails to make any undisputed payment due Engineer within 30 days 1. amounts duel Engineer will bei increased ati the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and 2. Engineer may, after giving 7 days' written notice to Owner, suspend services under this Agreement until Owner has paid in full amounts due. Owner waives any and all claims  Engineer and then to principal.  agreed-upon amount on a new invoice. after receipt of Engineer'si invoice, then:  against Engineer for any suchs suspension.  Agreement between Owner andE Engineer forF Professional Services  Page 6of25    3. Subject to any limitations expressly set forth in this Agreement, Engineer reserves all rights and remedies available to Engineer under applicable Laws and Regulations. D. Sales or Use Taxes: If after the Effective Date any governmental entity takes an action that imposes additional sales or use taxes on Engineer's services or compensation under this Agreement, then Engineer mayi invoice such additional sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement willl be in addition toi the compensation to which Engineer is  entitled under the terms of Exhibitl.  ARTICLE5 5-OP'NIONSOFCOST 5.01 Opinions of Probable Construction Cost  A. Engineer's opinions of probable Construction Cost (if any) are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain ani independent cost estimate.  5.02 Opinions of Total Project Costs  A. Thes services, ifany, of Engineer with respect to Totall Project Costs will be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs.  ARTICLE 6-GENERAL CONSIDERATIONS 6.01 Standards of Performance  A. Standard of Care: The standard of care for all professional engineering and related services performed orf furnished by Engineer underi this Agreement willl bet the care ands skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time andi int the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information or is directly attributable to Engineer's Subcontractors and Subconsultants: Engineer may retain such Engineer's Subcontractors and Subconsultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer may use or rely upon design elementsa and information ordinarily or customarilyt furnished by  Engineer.  others not controlled or engaged by Engineer for the Project.  objections by Owner.  Agreement between Owner andE Engineerf for Professional: Services  Page 7of25    others, including, but not limitedi to, specialty contractors, manufacturers, suppliers, and the  publishers of technical standards.  Compliance with Laws and Regulations, and Policies and Procedures 1. Engineer and Owner shall comply with applicable Laws and Regulations. 2. Engineer shall comply with the policies, procedures, and instructions of Owner that are appliçable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional 3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date. The following may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of  practice requirements.  performance, or compensation:  a. changes after the Effective Date to Laws and Regulations,  b. the receipt by Engineer after the Effective Date of Owner-provided written policies changes aftert the Effective Datei to Owner-provided written policies or procedures. General Conditions of Construction Contract: The general conditions for any Construction Contract Documents prepared hereunder are to be the current edition of EJCDCO C-700, Standard General Conditions of the Construction Contract, prepared by the Engineers Joint G. Copies of Drawings and Specifications: If Engineer is required to prepare or furnish Drawings or Specifications under this Agreement, Engineer shall deliver to Owner at least one complete electronic copy of such Drawings and Specifications, signed and sealed according to applicable Laws and Regulations, and one complete printed copy, duly signed and sealed. H. Engineer shall not be required to sign any document, no matter by whom requested, that would result in Engineer havingt to certify, guarantee, or warrant conditions whose existence Engineer cannot ascertain within the authorized scope of Engineer's services. Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to Engineer in any way contingent upon Engineer signing any such document. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor will Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform the Work in accordance with the  and procedures, and  Contract Documents Committee, unless expressly indicated otherwise.  responsible fort the acts or omissions of any Constructor.  Construction Contract Documents.  Agreement! between Owner andE Engineer for Professional Services  Page 8of25    K. Engineer: shall not be responsible fora any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer. Engineeri is not required to provide and does not have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of  construction insurance or surety bonding requirements.  M. Engineer'sservices do not include providing legal advice or representation. N. Engineer's services do not include (1) serving as a "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar O. While at the Site, Engineer, its Subconsultants, and Engineer's Subcontractors, and their employees and representatives' will comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing.  matters concerning such products or issuances.  6.02 Ownership and Use of Documents  A. All Documents are instruments of service, and Engineer owns the Documents, including all associated copyrights and the right of reuse at the discretion of the Engineer. Engineer shall continue to own the Documents and all associated rights whether or not the Project is 1. Owner may make and retain copies of Documents for information and reference in 2. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the a. Owner acknowledges that such Documents are noti intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; b. any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, willl be at Owner'ssole risk andy without liability orl legal exposure tol Engineer or1 toi its officers, directors, members, partners, agents, employees, and OWNER SHALL INDEMNIFY AND HOLD HARMLESS ENGINEER AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, EMPLOYEES, AND: SUBCONSULTANTS FROM ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RESULTING FROM ANY USE, REUSE, OR MODIFIÇATION OF THE DOCUMENTS WITHOUT WRITTEN VERIFICATION,  completed.  connection with the use of the Documents on the Project.  Documents, and subject toi thet following limitations:  Subconsultants;  COMPLETION, OR/ ADAPTATION BY ENGINEER; and Agreement between Owner andE Engineer forF Professional Services  Page 9of25    d. such limited license to Owner shall not create any rights int third parties. B. IfE Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Ownerand Engineer. Engineer shall inform Owneri if Engineer is aware of anyi invention, design, process, product, or device specified in the Drawings, Specifications, or other Documents that is subject to payment (whether by Owner or Contractor) of any license fee or royalty to others, as required by patent rights or copyrights. If Engineer's good-faith inclusion in the Drawings, Specifications, or other Documents ofnew, innovative, or non-standardi technologies, forthe benefit of Owner and the Project, results int third-party claims ofi infringement or violation of intellectual property rights, then Owner and Engineer shall share equally the costs of D. Engineer will obtain Owner's consent, which will not be unreasonably withheld, prior to releasing any publicity, including news and press releases, promotional publications, award and prize competition submittals, and other advertising regarding the subject matter of this Agreement. Nothing herein will limit the Engineer's right to include information in statements of qualifications and proposals to others accurately describing its participation  defending against, settling, or paying such claims.  and participation of employees in the Project.  6.03 Electronic Transmittals  A. To the fullest extent practical, Owner and Engineer agree to transmit, and accept, Project- related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with Exhibit F, Electronic Documents Protocol (EDP). 1. Compliance with the EDP by Engineer shall be considered a Basic! Service and no direct or separate compensation will be paid to Engineer for such compliance, unless provisions for separate compensation are expressly set forth in the EDP. 2. Engineer's costs directly attributable to changes in Engineer's Electronic Documents obligations, after the effective date of this Agreement, necessitated by revisions to Exhibit F, delayed adoption of ExhibitF, or implementation of other Electronic B. Ifthis Agreement does not include ExhibitF or otherwise does not establish or include protocols for transmittal of Electronic Documents by Electronic Means, then Owner and Engineer may operate without specific protocols or may jointly develop such protocols at a Except as stated otherwise in Exhibit F (if included in this Agreement), when transmitting Electronic Documents by Electronic Means, thet transmitting party makes no representations as to long term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents, or from those established in applicable protocols. If there is a discrepancy between Electronic Documents and the hard copies of those documents, the hard copies  Documents protocols, willl be compensated as Additional Services.  later date.  govern.  Agreementh between Ownera andE Engineer for Professional Services  Page 10of25    D. This Agreement (including the EDP) is not intended to create obligations for Owner or Engineer with respect to transmittals to or from third parties, except as expressly stated in  the EDP.  6.04 Insurance  A. Engineer shall procure and maintain insurance as set forth in Exhibit G.  B. Additional Insureds: The Engineer's commercial general liability, automobile liability, and 1. include and list as additional insureds Owner, and any individuals or entities identified 2. include coverage for the respective officers, directors, members, partners, and 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations).  umbrella or excess liability policies, must: as additional insureds in Exhibit G; employees of all such additional insureds; and  Not Used.  D. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests int the Project. Owner shall require Contractor to cause Engineer, its Subconsultants, and ingnerssubcontracos, ,and their respective officers, directors, members, partners, and employees, to be listed as additional insureds with respect to such liability insurance purchased and maintained by Contractor fori the Project. Owner shall give Engineer access to any certificates ofi insurance and copies of endorsements and policies obtained by Owneri from Contractor. Owner (when applicable) and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates must be furnished prior to commencement of Engineer's services and at renewals thereafter during 1. Upon request by Owner or any otherinsured, Engineer shall alsot furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, ande evidence of insurance required to be purchased and maintained by Subconsultants and Engineer's Subcontractors. In any documentation furnished under this provision, Engineer may redact (a) any confidential premium or pricing information and (b) any wording specific to projects or F. All construction contracts entered into by Owner with respect to the Project must require G. All policies of property insurance relating to the Project, including but not limited to any builder's risk or similar policy, must allow for waiver of subrogation rights and contain provisions to the effect that ini the event of payment of any loss or damage the insurers will have no rights of recovery against any insured thereunder or against Engineer, its Subconsultants, or Engineer's Subcontractors. Owner and Engineer waive all rights against each other, Contractor, Engineer's Subcontractors and Subconsultants, and the respective  the life oft the Agreement.  jurisdictions other than those applicable tot this Agreement.  builder's risk or similar property insurance.  Agreement between Owner andE Engineer for Professional Services  Page 11of25    officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any oft the perils or causes ofl loss covered by anys such builder's risk ors similar policyand any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights H. All policies ofi insurance must contain ap provision ore endorsement that the coverage afforded will not be canceled, andi that renewal willr not be refused, until at least 10 days' prior written notice has been given to the primary insured. Upon receipt of such notice, the primary insured must promptly forwardac copy of the notice tot the other partyt tot this Agreement and replace the coverage being cancelled or reduced to conform to the requirements of this At any time, Owner may request that Engineer, or Engineer's Subcontractors or Subconsultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. Ifso requested by Owner, and if commercially available, Engineer shall obtain and shall require Engineer's Subcontractors or Subconsultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and  consistent with those set forth in this paragraph.  Agreement.  Exhibit G willl be supplemented to incorporate these requirements.  6.05 Suspension and Termination A. Suspension  1. By Owner: Owner may suspend Engineer's services for up to 90 days upon 7days' 2. By Engineer: Engineer may, after giving 7 days' written notice to Owner, suspend a. ifOwner has failed to pay Engineer for invoiced services and expenses, as set forth b. in response toi the presence of Constituents of Concern at the Site, as set forth in C. if persistent circumstances beyond the control of Engineer have prevented iti from  written notice to Engineer. services under this Agreement: inF Paragraphs 4.02.B and 4.02.C; Paragraph 6.09.D; or  performing its obligations under this Agreement.  B. Termination for Cause  L. Either party mayt terminate the Agreement for cause upon 30 days' written noticei ini the event of substantial failure by the other party to perform in accordance with thet terms a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same,  of the Agreement, through no fault of the terminating party.  Agreement! between Ownera and Engineer forF Professional Services  Page 12of25    then the cure period provided for herein will extend up to, but in no case more 2. In addition to its termination rights in Paragraph 6.05.B.1, Engineer may terminate this a. ifOwner demands that Engineer furnish or perform services contrary to Engineer's b. if Engineer's services for the Project are delayed or suspended for more than as ther result of the presence at or adjacent to the Site of undisclosed Constituents 3. Engineer will have no liability to Owner on account of any termination by Engineer for Termination for Convenience: Owner may terminate this Agreement for convenience, D. Extension of Effective Date of Termination: Ifc Owner terminates the Agreement for cause or convenience, Owner may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly Payments Upon Termination: In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. Upon making such payment, Owner will have thel limited right tot the use ofD Documents, at Owner's sole risk, subject tot the provisions 1. IfOwner has terminated the Agreement for cause and disputes Engineer's entitlement to compensation for services and reimbursement of expenses, then Engineer's entitlement to payment and Owner'sr rights tot the use ofthel Documents willl ber resolved in accordance with the dispute resolution provisions oft this Agreement or as otherwise 2. IfOwner has terminated the Agreement for convenience, or if Engineer has terminated the Agreement for cause, then Engineer will be entitled, in addition to the payments identified above in Paragraph 6.05.E.1., to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date oft termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Subcontractors or Subconsultants, and other related close-out costs, using methods and rates for Additional Services as set  than, 60 days after the date of receipt of the notice. Agreement for cause upon 7 days' written notice: responsibilities as al licensed professional; 90 days for reasons beyond Engineer's control; or of Concern, as set forth in Paragraph 6.09.E.  cause.  effective upon Engineer'sreceipt of notice from Owner.  files. Engineer shall be entitled to compensation for such tasks.  of Paragraph 6.02.A.  agreed in writing.  forth in Exhibitl.  6.06 Successors, Assigns, and Beneficiaries  A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by  Agreement between Owner and Engineerf for Professional! Services  Page 13 of25    Paragraph 6.06.B the assigns of Owner and Engineer) arel hereby bound tot the other partyto this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out oft this Agreement or money that is due or may become due) in this Agreement without the written consent of the other party, except toi the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignorf from any duty or responsibility under this Agreement. 1. Allduties and responsibilities undertaken pursuant tot this Agreement willl bet for thes sole and exclusive benefit of Owner and Engineer and noti fort the benefit of any other party. 2. Nothing in this Agreement will be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, 3. Owner agrees that the substance of the provisions of this Paragraph 6.06.C will appear  obligations oft this Agreement.  Unless expressly provided otherwise int this Agreement:  or to any surety for or employee of any of them. int the Construction Contract Documents.  6.07 Dispute Resolution  A. Owner and Engineer shall resolve all disputes in the following manner:  1. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice, prior toi invoking non-binding mediation. 2. Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating tot this Agreement ort thel breacht thereof( (Dsputertomombndng mediation. Owner and Engineer agree to participate int the non-binding mediation process in good faith. The process will be conducted on a confidential basis and must be completed within 120 days from a party's receipt of a notice to mediate. Each party shall assume its own costs associated with the mediation. The mediator's compensation and expenses and any administrative fees or costs associated witht ther mediation proceeding shall be shared and paid fore equally byt the parties, unless otherwise agreed in writing. 3. The above Dispute Resolution processes shall not prevent or deter a party from protecting or acting upon lien rights, or from seeking immediate, emergency or injunctive relief from a court of competent jurisdiction and as may be available at law 4. Ift the parties faili to resolve al Dispute through negotiations under Paragraph 6.07.A.1or non-binding mediation under Paragraph 6.07.A.2, thent the parties, or any oft them, may exercise their rights atl law, including to seek relief or any available remedy in a court of  ori in equity.  law having competent jurisdiction over the matter.  6.08 Controlling Law; Venue  A. This Agreement is to be governed by the Laws and Regulations of the state in which the  Project is located. See Tex. Bus. & Com. Code 52 272.001.  Agreement! between Owner andE Engineer for Professional Services  Page 14of25    B. Venue for any exercise of rights at law will be the state court having jurisdiction at the location of the Project; or at the choice of either party, and if federal jurisdictional requirements can be met, int federal court ini the district in which the Project isl located. A. Owner represents to Engineer that, as of the Effective Date, to the best of Owner's knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, B. Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A., in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to 1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under this Agreement are not undisclosed 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concerni ifEngineer has beeni informed oft theg generalscope IfE Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify( (1) Owner and (2) appropriate authorities having jurisdiction ifE Engineer reasonably concludes that doing soi is required by applicable Laws or Regulations. D. Itis acknowledged by both parties that Engineer's scope of services does not include any services related to undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed ora anticipated, ori ifinvestigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Project adversely affected thereby until such portion of the Project is no longer so affected; and Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective E. Ifthe presence at the Site of undisclosed Constituents of Concern, or of Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of Engineer's: services under this  6.09 Environmental Condition of Site  exist at or adjacent tot the Site.  as "undisclosed" Constituents of Concern.  Constituents of Concern.  of such contract.  action.  Agreement, then:  Agreement between Owner and Engineer for Professional! Services  Page 15of25    1. ift the adverse effects do not preclude Engineer from completing its Project services in general accordance with this Agreement on unaffected or marginally affected portions oft the Project, Engineer may accept an equitable adjustment in its compensation or in thet time of completion, or both; and the Agreement willl be amended to reflect changes 2. ifthe adverse effects are of such materiality toi the overall performance of Engineert that ito cannot complete its services without significant changes tot thes scope of services, time of completion, and compensation, then Engineer may terminate this Agreement for F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and will not be required to become an "owner," "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are ormay be encountered at or neart the! Sitei in connection with Engineer'sactivties under this  necessitated by the presence of such Constituents of Concern; or  cause on7 7 days' written notice.  Agreement.  6.10 Indemnification and Mutual Waiver  A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, and employees, from losses, damages, and judgments (including reasonable consultants' and attorneys' fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, Subconsultants, or Engineer's Subcontractors. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit H, B. Indemnification by Owner: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, shareholders, members, partners, employees, and Subconsultants, and Engineer's Subcontractors, from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges ofe engineers, architects, attorneys, and other professionals, anda all court or other dispute resolution costs) arising out of or relating tot the Project, provided that anys such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only toi the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, or others retained by or under contract tot the Owner with respect to this Agreement or tot the Project Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer, its Subconsultants, Engineer's Subcontractors, and their officers, directors, members, partners, agents, employees, and subconsultants from all claims, costs, losses, damages, actions, and judgments (including reasonable consultants' and attorney'sf fees and expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that:  "Limitations of Liability."  Agreement! between Ownera and Engineer for Professional Services  Page 16of25    1. anys such claim, cost, loss, damages, action, orj judgment is attributable tol bodily injury, sickness, disease, or death, ort toi injuryto or destruction oftangible property (otherthan the Worki itself), including thel loss of use resulting therefrom, and 2. nothing in this paragraph obligates Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful D. Nol Defense Obligation: The indemnification commitments ini this Agreement do not include ac defense obligation byt thei indemnitor unless such obligation is expressly stated. E. Percentage Share of Negligence: To the fullest extent permitted by! Laws and Regulations, a party'stotal liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused inj part byt the negligence oft the partya and in part by the negligence of the other party or any other negligent entity or individual, will not exceed the percentage share that the party's negligence bears to the total negligence of F. Mutual Waiver:1 Tothet fullest extent permitted byl Laws and Regulations, Owner and Engineer waive against each other, and the other's officers, directors, members, partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. Such excluded damages include but are not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, ors services; and cost of capital. Notwithstanding the above Mutual Waiver or other provision in this Agreement to the contrary, and for the sake of clarity, Engineer expressly reserves and shall not be deemed to have waived any lien  misconduct.  Owner, Engineer, and all other negligent entities andi individuals.  rights of anyk kind available to Engineer at law or in equity.  6.11 Records Retention  A. Engineer shall maintain on file in legible form, for a period of five years following completion or termination of its services, or such other period as required by Laws and Regulations, all Documents, records (including cost records), and design calculations related to Engineer's services or pertinent to Engineer's performance under this Agreement. Upon Owner's request, Engineer shall provide a copy of any such item to Owner at cost.  6.12 Miscellaneous Provisions  A. Notices: Any notice required underi this Agreement will bei in writing, and delivered: in person (by commercial courier or otherwise); by registered or certified mail; or by e-mail to the recipient, with the words "Formal Notice" or similar in the e-mail's subject line. All such B. Survival: Subject to applicable Laws and Regulations, all express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its Severability: Any provision or part of the Agreement, including any provision or part of any Exhibit made part hereof, held to be void or unenforceable under any Laws or Regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Engineer, who agree that the agreement shall be reformed to replace such  notices are effective upon the date of receipt. completion or termination for any reason.  Agreement between Owner and Engineerf forF Professional Services  Page 17of25    stricken provision or part thereof with a valid ande enforceable provision that comes as close D. No Waiver: A party's non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement will be deemed to have accrued, and all statutory periods of limitation will commence, no later than the date of Substantial Completion; or, if Engineer's services do not include Construction Phase services, or the Project is not completed, then nol later than the date of Owner's last payment tol Engineer. F. The prevailing party in the prosecution or defense of any legal proceeding arising from this Agreement (includinga anyl Exhibits made a part hereof)shalll be entitedtorecoverfromt thei non- prevailing party, all reasonable attorney's fees, expenses (including expert fees), and costs  as possible to expressing the intention oft the stricken provision.  Agreement.  incurred by the prevailing party in such legal proceeding.  ARTICLE7-DEFINITIONS 7.01 Defined Terms  A. Wherever usedi in1 this Agreement (including the exhibits hereto)terms (including thes singular and plural forms) printed with initial capital letters have the meanings indicated in the text 1. Addenda-Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction 2. Additional Services-The services to be performed for or furnished to Owner by Engineer in accordance with. Article2 2 of Exhibit A of this Agreement. 3. Agreement-This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed 4. Application for Payment-The form acceptable to Engineer which is to be used by Contractor during the course oft the Worki in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the 5. Basic Services-The services to be performed for or furnished to Owner by Engineer in 6. Bidding/Proposal Documents-Documents related to the selection of the Contractor, including advertisements or invitations to bid; requests for proposals; instructions to bidders or proposers, including any attachments such as lists of available Site-related documents; bid forms; bids; proposal forms; proposals; bidding requirements; and 7. Change Order-A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction  above, in the exhibits, or int thei following definitions:  Contract Documents.  amendments.  Construction Contract.  accordance with Article 1 of Exhibit A of this Agreement.  qualifications documents.  Agreement between Ownera and Engineerf for Professional Services  Page 180f25    Contract Price ort the Construction Contract Times, or other revisioni tot the Construction Contract, issued on or after the effective date of the Construction Contract. 8. Change Proposal-AV written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challengingaset-off: against payments due; or seeking other relief 9. Constituents of Concern-Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any 10. Construction Contract--The entire andi integrated written contract between Ownerand 11. Construction Contract Documents--Those items designated as "Contract Documents" int the Construction Contract, and which together comprise the Construction Contract. See also definition of "Front-End Construction Contract Documents" below. 12. Construction Contract Price-The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 13. Construction Contract Times-The number of days or the dates by which Contractor must: (a)achieve milestones, if any, in the Construction Contract; (b)achieve 14. Construction Cost-The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to property; Owner's costs for legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of thei items comprising Total Project Costs. 15. Constructor--Any person or entity (not including the Engineer, its employees, agents, representatives, or Subconsultants, or Engineer's Subcontractors), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner's work forces, utility companies, other contractors, construction managers, design-builders, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. 16. Contractor-The entity or individual with which Owner enters into a Construction  with respect tot the terms of the Construction Contract.  hazardous, toxic, or dangerous waste, substance, or material.  Contractor concerning the Work.  Substantial Completion; and (c) complete the Work.  Contract.  Agreement between Owner andE Engineerf for Professional Services  Page: 19of25    17. Documents-All documents expressly identified as deliverables in this Agreement, whether in printed or Electronic Document form, required by this Agreement to be providedo ort furnished! by Engineer to Owner. Suchs specifically required deliverables may include, by way ofe example, Drawings, Specifications, data, reports, building information 18. Drawings-That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date-The datei indicated int this Agreement on whichi it becomes effective, but ifr no such date is indicated, the date on which this Agreement is signed and delivered 20. Electronic Document-Any, Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital 21. Electronic Means--Electronic mail (e-mail), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Agreement. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for  models, and civili integrated management models.  by thel last of the parties to sign and deliver.  format.  transmission of Electronic Documents.  22. Engineer-Thel individual or entity named as such ini this Agreement.  23. Engineer's Subcontractor-Ani individual, firm, vendor, or other entity having a contract with Engineer to furnish general services, equipment, or materials with respect to the 24. Field Order-A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract 25. Front-End Construction Contract Documents-Those Construction Contract Documents whose primary purpose is to establish legal and contractual terms and conditions, typically including the Owner-Contractor agreement, bonds, general conditions, and supplementary conditions. The term excludes the Drawings and Specifications, and any Construction Contract Documents delivered or issued after the effective date of the 26. Laws and Regulations; Laws or Regulations- -A Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any anda allg governmentall bodies, agencies, 27. Owner-The individual or entity named as such in this Agreement and for which Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the  Project as an independent contractor.  Times.  Construction Contract.  authorities, and courts having jurisdiction.  Project.  Agreement between Owner and Engineer for Professional Services  Page 20of25    28. Project-Thet total undertakingi tol bea accomplishedi for Owner bye engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, ando of which the services tol be performed ort furnished by Engineer under this 29. Record Drawings-Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 30. Resident Project Representative--The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative (RPR) includes any assistants ori field staff oft thel RPR. 31. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which 32. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract 33. Site-Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the 34. Specfications-The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship asappliedt to the' Work, ando certainadminstaterguieemensamdpocaurnt matters 35. Subconsultant-Ani individual, design firm, consultant, or other entity having a contract with Engineer to furnish professional services with respect to the Project as an 36. Subcontractor-An individual or entity having a direct contract with Contractor or with any other Subcontractor fori the performance of a part oft the Work. 37. Submittal-A written or graphic document, prepared by or for Contractor, which the Construction Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal int the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers' instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Construction Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not  Agreement are a part.  such portion of the Work will bej judged.  Documents.  use of Contractor.  applicable tot the Work. independent contractor.  Agreement between Owner and Engineer forF Professional Services  Page 21of25    Construction Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not 38. Substantial Completion-The time at which the Work (or a specified part thereof) has progressed toi the point where, int the opinion of Engineer, the Work (oras specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, sO that the Work (or a specified part thereof) can be utilized for the purposes for whichi iti isi intended. The terms "substantially complete" and' "substantially completed" as applied to all orp part ofthe Workrefert to Substantial Completioni thereof. 39. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor tot furnish materials ore equipment tol be incorporated in the Work by Contractor or a Subcontractor. 40. Total Project Costs-The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and thei total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties and private utilities (including relocationifnot part of Construction Cost), Owner's costs for legal, accounting, insurance counseling, and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner. 41. Underground Facilities-All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 42. Work-The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Construction Contract 43. Work Change Directive-A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by  Submittals.  An abandoned facility or system is not an Underground Facility.  Documents.  Engineer, ordering an addition, deletion, or revision in the Work.  B. Terminology  1. The word "day" means a calendar day of 24 hours measured from midnight to the next  midnight.  Agreement! between Owner and Engineer forP Professional: Services  Page 22of25    ARTICLE 8--EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits to Agreement  Thet following exhibits are incorporated by reference and included as part of this Agreement:  A. Exhibit A, Engineer's Services. B. Exhibit B, Deliverables Schedule.  Exhibit C, Amendment to Owner-Engineer Agreement (form).  D. ExhibitD, Duties, Responsibilities and Limitations of Authority of Resident Project  Representative. F. Exhibit F, Not Used. G. Exhibit G, Insurance. H. Exhibit H, Not Used.  E. Exhibit E, Notice of Acceptability of Work (form).  Exhibit I, Payments to Engineer for Services and Reimbursable Expenses.  8.02 Total Agreement  A. This Agreement (which includes the exhibits listed above) constitutes the entire contractual agreement between Owner and Engineer and supersedes all prior written or oral understandings, representations and discussions between Owner and Engineer, and the parties disclaim any and all reliance on such prior written or oral understandings, representations and discussions. This Agreement may only be amended, supplemented, modified, or canceled by a written instrument duly executed by both parties. Amendments should' be based whenever possible on thet format of Exhibit Ctot this Agreement. A. With the execution of this Agreement, Engineer and Owner shall each designate a specific individual to act as representative under this Agreement. Such an individual must have authority to transmit instructions, receive information, and render decisions with respect to  8.03 Designated Representatives  this Agreement on behalf of the party that the individual represents.  8.04 Engineer's Certifications  A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for ori in executing the Agreement. Fori the purposes oft this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of thel benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or  Agreement execution;  affect the execution oft the Agreement.  Agreement between Owner andE Engineer for Professional: Services  Page 23of25    8.05 Conflict of Interest  A. Nothing in this Agreement will be construed to create or impose any duty on the part of Engineer that would be in conflict with Engineer's paramount obligations to the public healtih.stely,amndwelareunderteprolesionat practice requirements governing Engineer, its Subconsultants, and all licensed professionals employed by Engineer or its B. Ifd during the term of this Agreement a potential or actual conflict of interest arises or is 1. Engineer and Owner together will make reasonable, good faith efforts to avoid or eliminate the conflict of interest; to mitigate any adverse consequences of the conflict of interest; and, if necessary and feasible, to modify this Agreement to address the conflict ofi interest andi its consequences, suchi that progress under the Agreement may 2. Such efforts will be governed by applicable Laws and Regulations and by any pertinent Owner's policies, procedures, and requirements (including any conflict of interest resolution methodologies) provided to Engineer under Paragraph 2.04.A of this  Subconsultants. identified:  continue.  Agreement.  Agreement between Owner andE Engineerf for Professional Services  Page 24of25    This Agreement's Effective Datei is  Owner: By: Date: Name: Title:  Engineer: By:  City of Lamesa (name ofo organization) indvidua'ssignature) (dates signed) (typed orp printed) (typed orp printed)  Parkhill (name ofghganization)   signature) (date signed) (typed or printed) (typed orp printed)  Date: September 12.2024 Name: Kyle W.. Jackson, PE  Title: Director ofTransportation I Principal  Designated Representative: Name: Joe Hines Title: City Manager Address: 601S.1"Street Lamesa, Tx7 79331-6247 Phone: 806.872.2124 Email: mines@c.lamesaikus Address for giving notices:  Designated Representative: Name: Corky Neukam, PE Title: Civil Project Manager  (typed or printed)  (typed or printed)  Address: 800S S. Polk Street Amarillo, TX79 Phone: 806.376.8600 Email: Address for giving notices:  cneukam@parkhl.com  Agreement! between Owner and Engineer forF Professional Services  Page 25of25    EXHIBIT A-ENGINEER'SSERVICES  This document is a MODIFIED version of EJCDCOE-500, Copyrighto 2020 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based inp part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions oft the text that originated in copyrighted EJCDC documents remain subject toi the copyright.  Exhibit A Table of Contents  Article 1- BASIC SERVICES. 1.01 Not Used. 1.02 Not Used. 1.03 Preliminary Design Phase.. 1.04 Final Design Phase.. 1.05 Bidding/Proposal Phase. 1.06 Construction Phase. 1.07 Post-Construction Phase. Article 2- ADDITIONAL SERVICES.  10 16 16 16 18  2.01 Additional Services Not Requiring Owner's' Written Authorization 2.02 Additional Services Requiring Owner's' Written Authorization.  Article 1oft the Agreement, Services of Engineer, is supplemented to include the following provisions: Baseline Information: Owner has furnished the following Project information to Engineer as of the Effective Date. Engineer's scope ofs services has been developed based on this information. As the Project moves forward, some of the information may change or be refined, and additional information will become known, resulting in the possible need to change, refine, or supplement the scope of services.  Project Title: Type and Size of Facility: Expected Construction Start: March 2025 Current Project Budget: Funding Sources: Known Design Standards:  Lamesa 2024 ARPA Limited to the city limits of Lamesa, Tx  Description ofl Improvements: Roadway and Drainage Improvements  $690,445.65 ARPA TXDOT202455RBC  Known Project Limitations: Project is Budget Constrained Other Pertinent Information: Project shall be committed by December 31, 2024 Engineer shall provide Basic and Additional Services as set forth below.  ExhibitA A-Engineer's Services Pageiof21  Exhibitst to Agreement between Ownera and Engineert for ProfessionalServices    ARTICLE 1-BASIC SERVICES 1.01 Not Used. 1.02 Not Used. 1.03 Preliminary Design Phase  A. After acceptance by Owner oft thel Report and any other Study and Report Phase deliverables (if Engineer's services under this Agreement included Study and Report Phase services); selection by Owner of a recommended solution; indication by Owner of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner; and any necessary changes, refinements, and supplementation of the Baseline Information set forth at the beginning of this Exhibit A, Engineer and Owner shall discuss, resolve, and document in writing any necessary revisions to Engineer's scope of services, compensation (through application of the provisions regarding Additional Services, or otherwise), and the time for completion of Engineer's services, resulting from the selected solution, specific modifications to the Project, or changes, refinements, or 1. Review and assess all available Project information and data, including any pertinent reports or studies (whether prepared by Engineer or others) and anyr relatedi instructions 2. Based ont thet threshold review: and assessment of available information and data, advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer any additionali information and data, for Engineer's usei in the preparation ofa 3. Prepare a Preliminary Design Phase Report. The Preliminary Design Phase Report will consist of final design criteria, preliminary drawings, a preliminary list of expected specifications, and written descriptions of the Project. The Preliminary Design Phase Report will consider thet following matters to the extent applicable tot thel Project and as necessary to establish the basis of design for proceeding to final design and a. The Project concept, intent, performance criteria, desired outcomes, Owner's standards and Owner directed improvements and facility elements as established int the Study and Report Phase and as expressly set forthi int the Baseline Information Site conditions and characterization as known at the time of, or to be determined during, the Preliminary Design Phase, including topography; subsurface information; Constituents of Concern; cultural, historical, and archaeological resources ati the Site;wetlandsi information; and evaluations oft flora andt faunat that  supplementation of the Baseline Information. B. Upon written authorization from Owner, Engineer shall:  from Owner.  Preliminary Design Phase Report.  construction:  section oft this Exhibit A.  b. Recommended appropriate design criteria.  may be affected byt thel Project.  Exhibit A-Engineer'ss Services Page 2of21  Exhibits toA Agreement between Owner and Engineer for Professional Services    d. The time schedule for completion of the Project, including any recommended changes to the time required to complete the Final Design Phase (as set forth in Exhibit B, Deliverables Schedule) and estimated schedule(s) for construction. 2. Identification of major items of materials and equipment, rationale for selection with consideration of quality, suitability, pricing, sourcing, regulatory, and bidding  issues affecting recommended. selection. Revised opinions of probable Construction Cost. Project necessitate, and Owner authorizes;  The impact of multiple prime construction contracts, separate procurement of materials or equipment, and other alternate project delivery methods when the h. Construction Phase quality assurance and quality control needs affecting development of Drawings and Specifications and other Final Design and Bidding The effect of permits and authorizations by other entities and utility coordination Other matters and information pertinent to addressing the Project Goals. 4. Inp preparing the Preliminary Design Phase Report, use any specific applicable Project Strategies, Technologies, and Techniques authorized by Owner during or following the  Phase documents. needs on the Project.  Study and Report Phase,  5. Visit the Site as needed to prepare the Preliminary Design Phase Report. 6. Ifat any point in the Preliminary Design Phase it becomes apparent to Engineer that additional reports, data, information, or services of the types described in Article 2, Owner's Responsibilities, are necessary, then sO advise Owner, and assist Owner in a. Review above-ground utilities information obtained from Owner and from 0. Make recommendations regarding any further identification, investigation, and mapping of above-ground utilities at or adjacent to the Site, for Engineer's design Account for above-ground utilities, based on available information, when  obtaining such reports, data, information, or services.  7. Above-Ground Utilities  observations ati the Site. purposes or otherwise.  advancing design during the Preliminary Design Phase.  8. Underground Facilities  a. Review Underground Facilities data furnished by Owner. Assist Owner in reducing and managing risks associated with Underground Facilities by working together with Owner to jointly establish a procedure ("Underground Facilities Procedure") for the further identification, investigation, and mapping of Underground Facilities at or adjacent tot the Site, using ASCE 38, "Standard Guideline for the Collectionand Depiction of Existing Subsurface Utility Data," as a basis for establishing such  Underground Facilities Procedure.  Exhibit A-Engineer'ss Services Page 3of21  Exhibits toA Agreement between Owner andE Engineerf for Professional Services    b. Such Underground Facilities Procedure must consider the Site and the nature of Use the Underground Facilities Procedure to aid in the performance of design 1) Account for Underground Facilities, based on available information, when advancing the design during the Preliminary Design Phase. 2) The Underground Facilities Procedure willi include a plant to keepUnderground Facilities information current as Engineer proceeds with the provision of design services, and to add new or relocated Underground Facilities 3) To manage the potential impact of design changes on Underground Facilities, Engineer shall work together with Owner to modify or reapply the Underground Facilities Procedure as the design progresses and changes.  the Project. services:  information tot the base utility or Site drawings.  9. Mitigation of Utilities Conflicts  a. Identify potential conflicts between the Project (including existing and new facilities and structures) and above-ground utilities and Underground Facilities as reviewed in Exhibit A Paragraphs 1.03.B.7 and 8 above, and advise Owner regarding the need for resolution of such conflicts with utility and Underground Facilities owners andj permit agencies. Identifyt the potential need for ther relocation b. Update the Underground Facilities Procedure as necessary for any Underground Working together with Owner, jointly identify which specific parties or other entities willl be responsible fori implementation of the various specific parts of the Underground Facilities Procedure (including those parts that address resolution of Underground Facilities conflicts), and for resolution of above-ground utilities conflicts. Such identification will consider Owner's authority and standing, as owner of the Site, with respect to Underground Facilities and above-ground 1) To the extent that Owner and Engineer agree that in addition to performing the design-related obligations set forthi in Exhibit Al Paragraphs 1.03.B.7and8, Engineer will also implement any non-design part of the Underground Facilities Procedure (including resolution of Underground Facilities conflicts), or undertake resolution of above-ground utilities conflicts, such additional duties willl be Additional: Services under Article 2 of this Exhibit A.  ofe existing above-ground utilities and Underground Facilities.  Utilities conflicts and relocations.  utilities.  10. Surveys, Topographic Mapping, and Utility Documentation  a. Coordinate with Owner's utility engineer, utility consultant, or land surveyor for the necessary field surveys, topographic mapping, and utility documentation required for Engineer's design purposes, or by the Underground Facilities Ifnos scope of work and procedure for utility documentation has been established, selected, or authorized, then at a minimum Engineer will contact utility owners and  Procedure.  Exhibit A-Engineer'ss Services Page 4of21  Exhibitst toA Agreement between Ownera and Engineer for Professional Services    obtain available information. Except as otherwise provided in this Agreement, Owner acknowledges that the information gathered from utility owners may be incorrect, incomplete, outdated, or otherwise flawed, and as to Engineer, bidders, and Contractor, the Owner accepts all associated risks. Owner reserves all associated rights as to recourse against the sources ofsuch flawed information and 11. Prepare initial draftofac comprehensive permit document thati identifies Owner'sp permit duties, Engineer's permit duties, and Contractor's permit duties, and the schedule for 12. Obtain Owner's instructions regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner's construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner's Bidding/Proposa Documents and Front-End Construction Contract Documents. a. Also obtain copies of Owner's standard Bidding/Proposal Documents and Front- End Construction Contract Documents, and any other related documents or content for Engineer to include in drafts of the Project-specific Bidding/Proposal. Documents and Front-End Construction Contract Documents, when applicable. b. Review Owner's instructions regarding procurement, bidding and contracting of construction services with respect to effects on the Project design, schedule and construction and address as needed in the Preliminary Design Phase deliverables. 13. Prepare thel Preliminary Design Phase Report. This Report will consist of, as appropriate, separate or combined submittals in whole or summary, the Preliminary Design Phase documents listed in Exhibit A Paragraph1.03.B4, and Engineer's findings and recommendations for advancing the Project to the Final Design Phase (including Engineer's findings and recommendations, if any, regarding permitting, utilities, and Underground Facilities). The submittal will be in the format of a report, or otherwise a. Based on the information contained in the Preliminary Design Phase documents, preparearevised opinion of probable Construction Cost, and! based oni information furnished by Owner, assist Owner in tabulating the various cost categories which b. Engineer will meet with Owner to discuss the draft Preliminary Design Phase 14. Perform or provide thei following other Preliminary Design Phase tasks or deliverables: 15. Furnish the Preliminary Design Phase Report, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables to Owner pursuant to the requirements of thel Deliverables Schedule in Exhibit B and review the deliverablesv with 16. Revise the Report and any other deliverables in response to Owner's comments, as appropriate, and submit revised deliverables pursuant to the Deliverables Schedule.  against third parties. permitting activities.  organized and assembled for ease and practicality of use.  comprise Total Project Costs. submittal and receive Owner's comments.  a. N/A.  Owner.  Exhibit A--Engineer'ss Services Page 5of21  Exhibitst to Agreement between Owner andE Engineerf for Professional Services    C. Engineer's services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Preliminary Design Phase Report (as revised) and associated documents, revised opinion of probable Construction Cost, and any  other Preliminary Design Phase deliverables.  1.04 Final Design Phase  A. Afteracceptancel by Owner oft thel Preliminary Design Phase Report and any otherP Preliminary Design Phase deliverables; issuance by Owner of any instructions for specific modifications orc changes in the scope, extent, character, or design requirements oft the Project desired by Owner; and any necessary changes, refinements, and supplementation of the Baseline Information set forth at the beginning of this Exhibit A, Engineer and Owner shall discuss, resolve, and document any necessary revisions to Engineer's scope of services, compensation (through application of the provisions regarding Additional Services, or otherwise), and the time for completion of Engineer's services, resulting from specific modifications to the Project, or changes, refinements, or supplementation of the Baseline 1. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established undert this Agreement is one. Ifr more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its B. Upon written authorization from Owner, Engineer shall prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor, ina accordance withi the Preliminary Design Phase Report (as revised) and other Preliminary Design Phase deliverables. As part of the preparation oft the Drawings and Specifications, Engineer shall prepare interim drafts and final Drawings and Specifications as follows, pursuant tot the Deliverables Schedule in Exhibit B: 1. First Final Design Phase draft of all Drawings and Specifications. 2. Second Final Design Phase draft of all Drawings and Specifications, addressing Owner comments and including appropriate design advancement. 3. Final Drawings and Specifications that address Owner comments; complete the design; are suitable for estimating and pricing by prospective Contractors; and are complete Inp preparing the Specifications (and any bidding, contract, or other documents' that are part ofE Engineer's scope of services), Engineer shall obtain from Owner or Owner's legal counsel any relevant constraints such as requirements for use of domestic steel and iron, other domestic purchasing requirements, statutory restrictions on utilizing proprietary specifying methods, and the like, and comply with or account for such constraints in drafting Specifications, Bidding/Proposal Documents, and other Project documents. D. Engineer shall prepare or assemble draft Bidding/Proposa Documents and Front-End 1. Such documents willl be! based ont the Engineer's standard Construction Documents, and ont the specific bidding or Contractor selection-related instructions and forms, contract  Information.  compensation under this Agreement.  and ready for construction.  Construction Contract Documents as follows:  forms, text, or other content received from Owner.  Exhibit A--Engineer's: Services Page 6of21  Exhibits to Agreement between Owner and Engineerf forP Professional Services    2. When Engineer is required to use other than the Engineer's standard Construction Documents, then as required in the Preliminary Design Phase Owner will furnish to Engineer a copy oft the requiredo documentsto! be usedi fort thel PogetsBidingProposal Documents and Front-End Construction Contract Documents. Prior to the first Final Design Phase submittal, Engineer will review the bidding and contracting documents furnished by Owner and provide comments to Owner. Engineer will meet with Owner to discuss Engineer's comments. Owner will consider Engineer's recommendations to 3. Engineer will furnish to Owner, for review by Owner's legal counsel, the draft Bidding/Proposal Documents and Front-End Construction Contract Documents. Owner and Owner's legal counsel must transmit to Engineer, in a timely manner, one coordinated: set of comments and revisions tot the draft documents. E. During the Final Design Phase the Engineer shall continue to account for above-ground utilities and Underground Facilities as the design advances and ist finalized. This may include: 1. performing the services assigned to Engineer under the Underground Facilities Procedure described in Exhibit AF Paragraph 1.03 above, including but not limited tot the 2. addressing required and proposed activities or mitigations identified in the analysis of utilities and by the Underground Facilities Procedure as having an impact on the final design and considering such in preparing thel Drawings and! Specifications. F. Engineer shall perform or furnish thet following other Final Design Phase services: 1. Visit the Site as neededi to assist in preparing thet final Drawings and Specifications. 2. Assist with or prepare applications for permits and approvals, as follows: a. Update comprehensive permit document created in Preliminary Design Phase for b. Prepare the following applications for Owner's submittal to authorities having jurisdiction over the construction or operation of the Project:  revise Owner's documents for the Project.  design-related tasks in Exhibit AI Paragraph 1.03.B.8.  Final Design detail.  1) N/A.  Confer with Owner regarding revisions, if any, to the application(s), and make appropriate revisions toi the application(s): for Owner's resubmittali tot the authority d. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of the authorities having jurisdiction listed above, including applications for review or approval of the final Identify and indicate in the Construction Contract Documents the permits and approvals forwhich Contractorwill be responsible, including work permits, building permits, and other permits and approvals that will be Contractor's responsibility; and, in addition, indicate those permits initially obtained by Owner for which Contractor willl be a co-permittee, together with associated requirements.  having jurisdiction.  design.  Exhibit A--Engineer's: Services Page 7of21  Exhibits to Agreement between Ownera and Engineer forF Professional Services    f. Unless expressly indicated otherwise, Engineer's scope and budget includes attending one meeting or conference call with each permit and approval-issuing agency to discuss the Project and receive the agency's comments on the Engineer does not guarantee issuance of any required permit or approval. h. Fees charged by authorities having jurisdiction for such permits or approvals are 3. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. Furnish to Owner an updated opinion of probable Construction Cost with thei interim andi final deliverables of thel Drawings and Specifications. 4. After consultation with Owner, include in the Front-End Construction Contract Documents any Electronic Document Protocol addressing specific protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or 5. Assist Owner in assembling known reports and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which 6. Review the preliminary schedule for the Construction Phase and advise Owner when initial understanding of the Construction Contract Times must or should be revised and furnish Owner with recommendations on revisions to the proposed Construction 7. Engineer's project manager and other appropriate staff will participate ini thei following  application.  the responsibility of Owner.  through access to as secure Project website.  bidders or other prospective contractors may rely.  Contract Times.  meetings and conference calls:  a. First draft design review meeting in a Virtual Teams Meeting. b. Second draft design review meeting in a Virtual Teams Meeting.  C. N/A.  d. Engineer will prepare and distribute minutes of each such meeting and conference call, indicating attendees, topics discussed, decisions made, and action items for 8. Perform or provide thet following other Final Design Phase activities or deliverables:  follow-up. a. N/A.  G. Engineer shall complete the Final Design Phase as follows:  1. Pursuant to the requirements of the Deliverables Schedule in Exhibit B, furnish for review by Owner, its legal counsel, and other advisors, the final Drawings and Specifications (as set forth in Exhibit A Paragraph 1.04.B.3 above); assembled drafts of other Construction Contract Documents including the draft Front-End Construction Contract Documents; the draft Bidding/Proposal Documents; the most recent opinion of probable Construction Cost; and any other Final Design Phase deliverables, and  review the deliverables with Owner.  Exhibit A-Engineer'ss Services Page 8of21  Exhibits toA Agreement between Ownera andE Engineer forP Professional: Services    2. Revise the final Design Phase deliverables in response to Owner's comments, as appropriate, and submit revised deliverables pursuant tot the Deliverables Schedule. 3. Engineer's services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications; assembled drafts of the Front-End Construction Contract Documents; the draft BaangropoaDocument, ;andany other Final Design Phase deliverables, as revised.  1.05 Bidding/Proposal Phase  A. After acceptance by Owner of the final Drawings and Specifications; assembled drafts of other Construction Contract Documents, including the draft Front-End Construction Contract Documents; the draft Bidding/Proposal Documents; the most recent opinion of probable Construction Cost as determined int the Final Design Phase, and any other Final Design Phase deliverables, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work; assist Owner in issuing assembled Bidding/Proposal Documents and proposed Construction Contract Documents to prospective contractors; if applicable, maintain a record of prospective contractors to which documents have been issued; attend pre-bid conferences, if any; and receive and process contractor deposits or charges, ifa any, for  the issued documents.  a. Distribution by Engineer by Engineer's, preferred method.  2. Prepare and issue addenda as appropriate to clarify, correct, or change the issued 3. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding- related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph C are 4. Attend the bid opening; prepare bid tabulation sheets; and assist Owner in evaluating bids or proposals, assembling final Construction Contracts for the Work for execution by Owner and Contractor, and in preparing notices of award to bei issued by Owner for Provide information or assistance needed by Owner in the course of any review of bids,  documents.  subject to the provisions of Exhibit AI Paragraph 2.01.A.2.  such contracts.  proposals, or negotiations with prospective contractors. 6. Consult with Owner as tot the qualifications of prospective contractors. 7. Consult with Owner as to the qualifications of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions of the Work as to which review of qualifications is required by thei issued documents. 8. IfOwner engages in negotiations with bidders or proposers, assist Owner with respect tot technical and engineering issues that arise during the negotiations.  9. Not Used.  ExhibitA A--Engineer'ss Services Page 9of21  Exhibits to Agreement between Owner and Engineer for ProfessionalServices    10. The Bidding/Proposal Phase will be considered complete upon award of Construction Contracts for the Work and commencement of the Construction Phase, or upon  cessation of negotiationswith prospective contractors.  1.06 Construction Phase  A. After completion of the Final Design Phase and concurrent with the Bidding/Proposal. Phase, and after issuance by Owner of any instructions for specific modifications or changes in the scope, extent, character, design, schedule, number of prime construction contracts, and other construction requirements of the Project during the Construction Phase desired by Owner,thel Engineer and Owners shall discuss, resolve, and document any necessaryrevisions to Engineer's scope of services or compensation (through application of the provisions regarding Additional Services, or otherwise), or the time for completion of Engineer's B. Upon successful completion of the Bidding/Proposal Phase, and upon written authorization 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in this Agreement and the Construction Contract. Unless otherwise set forth in the scope of Basic Services (as duly modified), the extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDCe C-700, Standard General Conditions of the Construction Contract (2018) or other construction general conditions specified in this Agreement. Except as otherwise provided in the Construction Contract, Owner's communications to 2. Resident Project Representative (RPR): Providet thes services ofa an RPR att the Sitet toassist Engineer and to provide more extensive observation of Contractor's Work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. Thei furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or 3. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform required testing services. 4. Pre-Construction Conference: Participate in a pre-construction conference prior to commencement of Work at the Site; prepare and distribute agenda for the conference and prepare and distribute minutes of such conference. 5. Electronic Transmittal Protocols: If the Construction Contract does not establish protocols for transmittal of Electronic Documents by Electronic Means, then Owner, Engineer, and Contractor shallj jointly develop such protocols. 6. Original Documents: Ifr requested by Ownert to dos so, maintain and safeguard duringt the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version oft the Construction Contract Documents available to Contractor and Owner for  services, resulting from specific modifications tot the Project. from Owner, Engineer shall provide thei followingservices:  Contractor willl be issued through Engineer.  authority except as expressly set forth in Exhibit D.  review.  Exhibit A-Engineer's! Services Page 10of21  Exhibits to Agreement between Owner and Engineer for Professional. Services    7. Schedules: Receive, review, and, and, subject to the criteria of the Construction Contract, determine the acceptability of any and all schedules that Contractor is required tos submit to Engineer, including the progressschedule, scheduleofsubmittals, and schedule of values. Advise Contractor in writing of Engineer's comments or a. Schedules willl be acceptable tol Engineer as to form and substance:  acceptance of schedules.  1) Progress Schedule: if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibilityi for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from 2) Contractor's: Schedule of Submittals: ifi it provides a workable arrangement for 3) Contractor's Schedule of Values: if it provides a reasonable allocation of the 8. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to 9. Permits: Provide Owner with copies of technical information and supporting data previously obtained or developed by Engineer for Owner's use, ort for Owner to provide to Contractor, in obtaining required permits and licenses delegated to Contractor by 10. Visits to Site and Observation of Construction: In connection with observations of a. Make visits to the Site at intervals appropriate to the various stages of the Work, as Engineer deems necessary, to observe as an experienced and qualified design professional, the progress of Contractor's executed Work. Such visits and observations by Engineer, including its RPR, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment, as assisted byi its RPR, ifany. Based oni information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. Engineer will make a report of Engineer's visit, summarizing Engineer'sgeneral. observations: and b. The purpose of Engineer's visits to the Site, and representation by the Resident Project Representative, ifany, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to by this Agreement and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of  Contractor's full responsibility therefor. reviewing and processing the required! Submittals. Contract Price to the component parts of the Work.  proceed.  Owner.  Contractor's Work while iti is in progress:  any significant findings.  Exhibit A- Engineer's! Services Page1 11 of21  Exhibitst toA Agreement between Owner andE Engineerf for Professional Services    Engineer's efforts as an experienced and qualified design professional, to provide for Ownerag greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained thei integrity oft the design concept oft the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer will not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor will Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor's work in progress, for the coordination of the Constructors work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish or perform the Work, or any portion oft the Work, in accordance with the Construction Contract Documents. 11. Defective Work: If, on the basis of Engineer's observations or as indicated in documentation available to Engineer, Engineer believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, Engineer will promptly issue written notice to Contractor (with copy to Owner) of such defective Work. Such notice will communicate the scope, extent (to Engineer's understanding) of defect, and associated provisions of the Construction a. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting the defective Worki ina accordance witht the provisions of the Construction Contract Documents. Engineer shall give notice to Contractor regarding whether the defective Work should be repaired, replaced, or will be accepted by Owner. b. However, Engineer's authority to provide this information to Owner or Engineer's decision to exercise or not exercise such authority will not give rise to a duty or responsibility of the Engineer to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to 12. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Project as at functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 13. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents sometimesreferredh to as requests fori information or interpretation-RF5) orrelatingt tothe acceptability oft the Worku under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision  Contract Documents.  the Work.  Exhibit A-Engineer'ss Services Page 12of21  Exhibits to Agreement between Owner andE Engineerf for Professional. Services    on the issue submitted, or initiate an amendment or supplement to the Construction 14. Non-reviewable Matters: If a submitted matter in question concerns the Engineer's performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (a) the performance or acceptability of the Work under the Construction Contract Documents, (b) the design (as set forth in the Drawings, Specifications, or otherwise), or (c) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer 15. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes ini the Work. 16. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work  Contract Documents.  will not provide a decision ori interpretation.  Change Directives as required. 17. Change Proposals and Claims  a. Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 14 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as setf forth int thel Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. b. Provide information or data to Owner regarding engineering or technical matters 18. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to Underground Facilities sucha as utilities, and hazardous environmental conditions. Promptly conduct reviews and prepare findings, conclusions, and recommendations for Owner's use subject to limitations of Engineer's 19. Contractor's Submittals: Review and approve or take other appropriate action with respect to required Contractor Submittals, but only to determine ift the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Construction Contract Documents, and for compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's 20. Substitutes and "Or-equals": Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor, but subject to the  pertaining to Claims.  obligations under this Agreement.  Submittal schedule that Engineer has accepted. provisions of Exhibit Al Paragraph2.01.A.2.  21. Inspections and1 Tests  Exhibit/ A-Engineer's: Services Page 13of21  Exhibitst to Agreement between Ownera andE Engineer forF Professional Services    a. Receive and review all certificates ofi inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer's review of such certificates will be for the purpose of determining whether the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements oft the Construction Contract Documents. Engineer shall be entitled to rely on the results of such b. Reply to Contractor requests for written concurrence that specific portions of the Work that are to bei inspected, tested, or approved may be covered. Issue written requests to Contractor that specific portions of the Work remain d. As deemed reasonably necessary, request that Contractor uncover Work that is to e. Pursuant tot the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or 22. Contractor's Applications for Payment: Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set offs) based on the provisions for set offs stated in the Construction Contract. Such recommendations of payment will bei in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, within the limits of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appearto! have beent fulfilled in sofarasi iti is Engineersresponsblly to observe the Work. Int the case of unit price Work, Engineer's recommendations ofp payment willi includet final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction b. Byr recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineerinthis Agreement. Neither Engineer'sreview of Contractor'sWorki forthe purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to  inspections and tests.  uncovered.  bei inspected, tested, orapproved.  completed.  Payment and accompanying supporingdesumentaton:  Contract Documents).  Exhibit A-Engineer's: Services Page 14of21  Exhibitst toA Agreement between Owner andE Engineer for Professional! Services    supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 23. Contractor's Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and ShopDrawings, Samples, and other data approved as provided under Exhibit AParagraph 1.06.B.20. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer's review of record documents will be to check that Contractor has submitted a complete set of those 24. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, visit the Site in company with Owner and Contractor to review the Work and determine the status of completion. Follow the procedures int the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner's objections, notice to Contractor, andi issuance ofai final certificate of Substantial Completion.. Assist Owner regarding any remaining engineering ort technical matters affecting Owner's use 25. Other Tasks: Perform or provide the following other Construction Phase tasks or 26. Completion and Acceptability of the Work: After notice from Contractor that the Work a. visit the Site with Owner and Contractor to determine if the Work is in fact b. notify Contractor of any part of the Work that is found during the visit to be incomplete or defective, and subsequently confirm that Contractor has corrected follow the procedures int the Construction Contract regarding review and response to Contractor's application for final payment and accompanying documentation; d. ifE Engineer is satisfied that the Work is complete and acceptable, provide a notice to Owner and Contractor using EJCDCO C-626, Notice of Acceptability of Work  documents that Contractor is required to submit.  oroccupancy of the Work following Substantial Completion.  deliverables: a. Not Used. isc complete:  complete and acceptable; any such deficiencies;  and  Exhibit A- Engineer's Services Page 15of21  Exhibits to Agreement! between Owner andE Engineer forF Professional Serviçes    (attached as Exhibit E), stating that the Work is acceptable (subject to the provisions of the Notice and this Exhibit A) within the limits of Engineer's knowledge, information, and belief, and based on the extent of the services 27. Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions andj judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted Duration of Construction Phase: The Construction Phase will commence with the execution of thet first Construction Contract for the Project or any part thereof and willt terminate upon wrttenrecommendation by Engineer for final payment to Contractor. Ift the Project involves more than one prime contract as indicated in Exhibit A Paragraph 1.04.A.1, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. A. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such 2. Together with Owner, visit the Project within one month before the end of the Construction Contract's correction period to ascertain whetherany portion oft the Work or the repair of any damage to the Site or adjacent areas is defective and therefore 3. Perform or provide thet following other Post-Construction Phase tasks or deliverables: B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified ini this Exhibit A, will terminate 12 months after the commencement  provided by Engineer under this Agreement.  or rendered in good faith.  1.07 Post-Construction Phase  defective' Work and any needed repairs.  subject to correction by Contractor.  a. Not Used.  of the Construction Contract's correction period.  ARTICLE. 2-ADDITIONAL SERVICES  2.01 Additional Services Not Requiring Owner's Written Authorization  A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of thet typesl listed below. Forsuch. Additional Services, Engineer need not  Exhibit A-E Engineer's: Services Page 16of21  Exhibits toA Agreement between Ownera andE Engineerf for Professional Services    request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. These services are not included as part of Basic Services and willl be paid for by 1. Substantive design and other technical services in connection with Work Change Directives, Change Proposals, and Change Orders to reflect changes requested by 2. Services essential to the orderly progress of the Bidding/Proposal and Construction Phases and not wholly quantifiable prior to those Phases or otherwise dependent on the actions of prospective individual bidders or contractors andi including: a. making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or equal" items; b. services after the award oft the Construction Contractinevaluatings and determining the acceptability of a proposed "or equal" or substitution which is found to be C. evaluation and determination of an excessive number of proposed' "or equals" or substitutions, whether proposed before or after award of the Construction d. providing tot the Contractor or Owner additional or new information not previously prepared or developed by the Engineer for their use in applying for or obtaining required permits and licenses, in responding to agency comments on such applications, or in the administration of any such permits or licenses. 3. Services resuiting from significant delays, changes, or price increases occurring as a direct ori indirect result of materials, equipment, or energy shortages. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern ori items of historical or cultural significance, (b) emergencies or acts ofGodendangeringi the Work, (c) damage tot the Work! byf fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration oft the progress schedule involving services beyond normal working hours, 5. Implement coordination of Engineer's services with other parts of the Project that are not planned or designed by Engineer or its Subconsultants, unless Owner furnished to Engineer substantive information about such other parts of the Project prior to the parties' entry into this Agreement, in the Baseline Information section of this Exhibit A, or otherwise in Exhibit A; if such substantive information has been sO provided, 6. Implement the specific parts of an Underground Facilities Procedure that are assigned toE Engineer, or above-ground utilities tasks that are assigned to Engineer as the Project progresses (but not including the design-related services already assigned to Engineer 7. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion.  Owner as indicated in Exhibitl I.  Owner.  inappropriate for the Project;  Contract; and  or (f) default by Contractor.  coordination of Engineer'sservices willl be part of Basic Services.  asal Basic Service).  Exhibit/ A--Engineer's: Services Page 17of21  Exhibitst toA Agreement! between Owner andE Engineerf for Professional Services    8. Evaluating unreasonable or frivolous requests fori interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 9. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 10. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor'ss safety program provided tol Engineer subsequent tot the Effective Date that exceed those normally required of engineering personnel by federal, State, or local 11. To the extent the Project is subject to Laws and Regulations governing public or government records disclosure or non-disclosure, Engineer will comply with provisions applicable to Engineer, and Owner will compensate Engineer as Additional Services for Engineer's costs to comply with any disclosure or non-disclosure obligations beyond 12. Services directly attributable to changes in Engineer's Electronic Documents obligations  safety authorities fors similar construction sites.  those identified int the Basic Services. after the effective date of the Agreement.  2.02 Additional Services Requiring Owner's' Written Authorization  A. Ifauthorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and willl be paid for by 1. Obtain or provide specified additional Project-related information and data to enable 2. Preparation of special and customized reporting, invoicing, and related support documentation in addition to that identified to be provided under Basic Services. 3. Preparation of applications and: supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation oft the effects ont the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated 4. Services to make measured drawings of existing conditions or facilities, to conduct tests orir investigations of existing conditions ort facilities, or to verify the accuracy of drawings 5. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer, or the Project's design requirements, including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond  Owner as indicated in Exhibitl I.  Engineer to complete its Basic and Additional Services.  environmental impact oft the Project.  oro otheri information furnished by Owner or others.  Engineer's control.  Exhibit A-Engineer'ss Services Page 180 of21  Exhibitst to Agreement between Owner and Engineerf for Professional Services    6. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Exhibit AI Paragraph 1.02.A.1. 7. Services required as a result of Owner's providing incomplete or incorrect Project 8. Providing renderings or models for Owner's use, including development, management, and other services in support of building information modeling or civil integrated a. All-hazards risk assessments and other studies to evaluate the feasibility of b. detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such: services are based on the engineering and technical aspects oft the Project, and do noti include rendering advice regarding municipal financial products or the issuance of municipalsecurities; e. with respect to proprietary systems or processes requiring licensing, providing services necessary to assist Owneri in obtaining such licensing. detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed or 10. Furnishing services of Subconsultants or Engineer's Subcontractors' for other than Basic 11. Providing data or services of the types described in Article 2, when Owner retains Engineer to provide such data orservices instead of Owner furnishing the same. a. Services attributable to more prime construction contracts than specified in b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor and administering Owner's 13. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner's office as required in Basic Services (Article 1 of Exhibit A). 14. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review  information to Engineer. management.  9. Undertaking investigations and studies including, but not limited to:  enhancing the resiliency oft the design;  d. preparation of appraisals;  furnished by Owner.  Services.  12. Providing thet following services:  Exhibit AP Paragraph 1.04.A.1. contract fors such: services.  processes.  Exhibit A--Engineer's: Services Page 19of21  Exhibitst toA Agreement between Owner andE Engineerf for ProfessionalServices    15. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents); preparing pre-qualification procedures and documents and participating in pre-qualifying prospective Bidders; and preparing 16. Assistance in connection with bid protests, rebidding, or renegotiating contracts for 17. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all addenda and any amendments negotiated by Owner and Contractor. 18. Services to assist Owner in developing or modifying protocols for transmittal of Electronic Documents by Electronic Means after the effective date of this Agreement, either by revising or adapting Exhibit F1 to the Project or implementing other Electronic 19. Any services by Engineer in connection with Owner or Engineer providing al Document toa Requesting Party under Exhibit F Paragraph 1.01.D (see Exhibit F, Electronic Documents Protocol), or any other distribution of a Document to a third party. Such services may include but are not limited to preparing the data contained in the requested Document in a manner deemed appropriate by Engineer; creating or otherwise preparing and distributing the Document ina at format necessary to respond to Owner's direction or decision to provide the Document to a requesting party, including Contractor, in a format other than that required for deliverables from Engineer to Owner; and services in connection with obtaining required releases from the third parties to whichi the Documents willl be distributed. Compensation for these Additional Services is not contingent upon Owmersrembursement from the requesting party. 20. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely 21. Preparing Record Drawings and furnishing such Record Drawings to Owner. 22. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility 23. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtainedi from Contractor, Owner, utility companies, and other  Construction Contract Documents for alternate bids. construction, materials, equipment, or services.  Documents protocols among Project participants.  shifting performance of such: services to al later date.  companies, and other reliable: sources.  sources; revise and supplement Record Drawings as needed. 24. Preparation of operation, maintenance, and staffing manuals. systems (such as initial startup, testing, and balancing).  25. Protracted or extensive assistance in refining and adjusting of Project equipment and 26. Assistance to Owner in training Owner's staff to operate and maintain Project 27. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related  equipment and systems. recordkeeping.  ExhibitA A- Engineer's Services Page 20of21  Exhibits toA Agreementt between Owner and Engineer forF Professional Services    28. Preparing to serve or serving as a consultant or witness for, or producing documents for or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project (but not including 29. Providing construction surveys and staking to enable Contractor to perform its work othert than as required under Exhibit AF Paragraph 1.06.B.9; any type of property surveys or related engineering services needed for the transfer of interests in real property; providing construction and property surveys to replace reference points or property monuments lost or destroyed during construction; and providing other special field 30. Providing more extensive services required to enable Engineer to issue notices or 31. Extensive services required during any correction period, or with respect to monitoring Contractor's compliance with warranties and guarantees called fori ini the Construction 32. Other additional services performed or furnished by Engineer not otherwise provided  disputes between Owner and Engineer).  surveys.  certifications requested by Owner.  Contract (except as agreed to under Basic Services).  fori int this Agreement.  Exhibit A-Engineer's! Services Page 210 of21  Exhibitst toA Agreement between Owner andE Engineerf for Professional Services    EXHIBIT B--DELIVERABLES SCHEDULE  This document is a MODIFIED version of EJCDCPE-500, Copyrighto2020 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, ori is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject tot the copyright. Paragraphs 2.04.E, 3.02.A, and Exhibit A of the Agreement are supplemented by the following table  Parkhill  Wed7/3/25 411/15/24  Subm  Mon 12/24 Mon3/17/25 Wed7/3/25 Ens/2s ed7/3/75  Engineer shallf furnish Documents to Owner as required in Column 2 of the following table (and as further described in Exhibit A), according to the schedule in Column 4. Owner shall comment or take other identified actions with respect to the Documents as indicated in Column 2 (and as further described in  Exhibit A), according tot the schedule in Column 4. Engineer Submit an electronic review copy of  Party Study and Report Phase Owner  Action  Exhibit AF Reference 1.02.A.15 1.02.A.15 1.02.A.16  Schedule Within 5 days of the Effective Within! 5 days ofi the receipt from Engineer oft the Study and Report Phase deliverables. Within 50 days of ther receipt of Owner's comments regarding the! Study and Report Phase deliverables.  deliverables to Owner. Submit comments regarding deliverables to Engineer. revised Study and Report Phase deliverables to Owner.  Date.  Engineer Submit an electronic copy oft the  Preliminary Design Phase  Exhibit B-Deliverables: Schedule Page 1of3  Exhibits to Agreement between Owner and Engineer for Professional Services    Party  Action  Exhibit AReference  Schedule Within! 5 days of Owner's authorization to proceed with Preliminary Design Phase services. Within! 5 days of ther receipt from Engineer of Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. Within 50 days of ther receipt of Owner's comments regarding the Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. Within 5 days of Owner's authorization to proceed with Final Design Phase services. Within 5 days of the receipt of thet first final Design Phase drafts of Drawings and Specifications from Engineer. Within 5 days of1 ther receipt of Owner's comments and instructions regardingt thef first Final Design Phase drafts of Drawings and Specifications. Concurrent with submittal to Owner of the second Final Design Phase drafts of Drawings and Specifications. Within 5 days of the receipt from Engineer oft thes second Final Design Phase drafts of Drawings and Specifications. Within! 5 days oft the receipt of Owner's comments and instructions regardingt the second Final Design Phase drafts of Drawings and Specifications.  Engineer Submit an electronic review copy of the 1.03.B.15  Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Submit comments regarding Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables revised Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner.  Owner  1.03.B.15  to Engineer.  Engineer Submit an electronic copy oft the  1.03.B.16  Final Design Phase Owner  Engineer Submit an electronic copy of the first 1.04.B.1  Final Design Phase draft of Drawings and Specifications to Owner. Submit comments andi instructions regarding thef first Final Design Phase draft of Drawings and Specifications to second Final Design Phase drafts of Drawings and Specifications to Owner. Bidding/Proposal and Front-End Construction Contract Documents, as required, and any other Final Design Phase deliverables (other than Drawings and Specifications) to Owner. Submit comments andi instructions regarding thes second Final Design Phase drafts of Drawings and Specifications to Engineer. completed, pricing-ready and construction-ready Drawings and Specifications to Owner.  1.04.B.1 1.04.B.2  Engineer.  Engineer Submit an electronic copy oft the  Engineer Submit an electronic copy of draft  1.04.D.3; 1.04.F.8  Owner  1.04.B.2  Engineer Submit ane electronic copy of the final, 1.04.B.3 and  1.04.G.1  Exhibit B-Deliverables: Schedule Page 2of3  Exhibits to Agreement between Owner andE Engineerf for Professional Services    Party Owner  Action  Exhibit Al Reference 1.04.G.2  Schedule Within 5 days of the receipt from Engineer oft thef final, completed, pricing-ready: and construction-ready Drawings and Specifications. Concurrent with Owner's submittal of comments and instructions regarding thet final, completed, pricing-ready and construction-ready Drawings and Specifications. Within 50 days of receipt of Owner's final comments and instructions regarding the regarding thef final, completed, pricing-ready and construction- ready Drawings and Specifications, the Bidding/Proposal and Front- End Construction Contract Documents, and any other Final Design Phase deliverables. Within 5 days of written authorization by Ownert to proceed with Bidding/Proposal Phase services. Within 5 days of the commencement ofthe Construction Contract Times Within 60 days of Substantial Completion.  Submit comments and instructions regarding thet final, completed, pricing- ready and construction-ready Drawings and Specifications to Engineer. Submit comments andi instructions regarding drafts of Bidding/Proposal 1.04.F.8 and Front-End Construction Contract Documents, and any other Final Design Phase deliverables (other than Drawings and Specifications) to Engineer. an electronic copy of ther revised final, 1.04.G.3 completed, pricing-ready and construction-ready Drawings and Specifications; and ane electronic copy of assembled Bidding/Proposal and Front-End Construction Contract Documents, and any other Final Design Phase deliverables.  Owner  1.04.D.3;  Engineer Submit to Owner:  1.04.G.2  Bidding/Proposal Phase Engineer Submit an electronic copy of  1.05.A.9.a  Bidding/Proposal Phase deliverables (if any) identifiedi in Exhibit AF Paragraph 1.05.A.9.a to Owner. Construction Phase deliverables (ifa any) identified in Exhibit A Paragraph 1.06.B.26.a to Owner.  Construction Phase  Engineer Submit an electronic copy of  1.06.B.26.a  Post-Construction Phase  Engineer Submit an electronic copy of Post-  1.07.A.3.a  Construction Phase deliverables (if any) identified in Exhibit AF Paragraph 1.07.A.3.ato Owner.  Exhibit B--Deliverables: Schedule Page 3of3  Exhibits to Agreement! between Owner andE Engineer for Professional Services    EXHIBIT C-AMENDMENTTOOWNERENGINER AGREEMENT  This document is a MODIFIED version of EJCDCOE-500, Copyrighto 2020 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions oft thet text that originated in copyrighted EJCDC documents remain subject to the copyright.  AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. [Enter Amendment Number]  Owner: City of Lamesa Engineer: Parkhill Project: Lamesa ARPA2024  Effective Date of Owner-Engineer Agreement: [Effective Date of Agreement]  Nature of Amendment: (Check those that apply) Additional Services to be performed by Engineer Modifications to services of Engineer Modifications to responsibilities of Owner Modifications of payment to Engineer Modifications to time(s) for rendering services Modifications to other terms and conditions oft the Agreement  Description of Modifications: Agreement Summary: Original agreement: amount: Net change for prior amendments: $[ This amendment amount: Adjusted Agreement amount:  [Here describe the modifications, in as much specificity and detail as needed. Use an attachment if  necessary. Include cost breakdown and documentation, ifa applicable.)  $I $[ $I  Change int time for services (days or date, as applicable): [ 1  Except as expressly modified herein, no other provisions of the Agreement between the Engineer and Client are affected or modified by this Amendment, and all such provisions in the Agreement shall apply tothis Amendment. The Agreement, as amended byt this Amendment, shall remain ini fullf force and effect. This Amendment, together with the Agreement and any other amendments duly executed by the parties, constitutes the entire agreement and understanding between the Engineer and Client, concerning the subject matter thereof. This Amendment may be executed and delivered (including by facsimile or Portable Document Format (.pdf) transmission) in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. Facsimile and other electronic copies of manually or electronically signed originals shall have the same effect as  manually-signed originals and shall be binding on the undersigned parties.  Exhibit C-Amendment to Owner-Engineer. Agreement Exhibits to Agreement between Owner and! Engineerf for Professional Serviçes  Pagelof2    Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. The Effective Date oft the Amendment is [Effective Date of Agreement).  Owner CityofLamesa By: Date: Name: Title:  Engineer Parkhill By: Date: Name: Title:  (typed or printedr name of organization)  (typed orp printed name ofc organization)  (individual's signature)  (individual's signature)  (date signed) (typed or printed) (typed orp printed)  (date signed) (typed orp printed) (typed orp printed)  Exhibit C-Amendment to Owner-E Engineer Agreement Exhibits toA Agreement! between Owner andE Engineer for Professional Services  Page 2of2    EXHIBIT D-DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT This document is a MODIFIED version of EJCDCPE-500, Copyrighto2020 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, ori is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions ofi the text that originated in copyrighted EJCDC documents remain subject to the copyright.  REPRESENTATIVE  ARTICLE 1-RESIDENT PROJECT REPRESENTATIVE SERVICES include Exhibit DF Paragraphs 1.01, 1.02, and 1.03, as follows: 1.01 Resident Project Representative  Article 1 of the Agreement, Services of Engineer, and Exhibit A, Engineer's Services, are supplemented to  A. Engineer shall furnish a Resident Project Representative ("RPR") to observe progress and quality of the Work. RPR is Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR'sactions. Subject to the scope of RPR's observations of the Work, which may include field checks of materials and installed equipment, Engineer shall endeavor to identify defects and deficiencies in the Work. However, Engineer shall not, as a result of such RPR observations of the Work, supervise, direct, inspect, or have control over the Work, nor shall Engineer (includingt thel RPR) have authority over orr responsibilityi fort ther means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to the Work or any Constructor's work inp progress, for the coordination of the Constructors' work or schedules, or for any failure of any Constructor to comply with Laws and Regulations applicable to the performing andi furnishing of its work. The Engineer (including RPR) neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. In addition, the specific terms set forth in Exhibit A  B. The RPR will provide part-time representation.  Paragraph 1.06 are applicable.  1.02 Duties and Responsibilities of RPR  A. The duties and responsibilities of the RPR are as follows:  1. General: RPR's dealings in matters pertaining to the Work in general will be with Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, schedule of values, and other schedules prepared by Contractor: and consult 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings Exhibit D-Duties, Responsibilities, andl Limitations ofA Authority ofF Resident Project Representative Exhibitst to Agreement between Ownera and Engineer for Professional Services  only with the knowledge of and under the direction of Engineer. with Engineer concerning acceptability ofs such schedules.  Page 1of5    (but not including Contractor's safety meetings), and as appropriate prepare and 4. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by suchs safety programs, receive safety training specifically related to a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's: authorized representative or designee, assist in providing information regarding the provisions and intent oft the Construction Contract Documents. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's Assist in obtaining from Owner additional details ori information, when requiredi for 6. Clarifications and Interpretations: Receive from Contractor submittal of any matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests fori information or interpretation-RF5) or relating tot the acceptability of the Work under the Construction Contract Documents. Report to Engineer regardings such RFIs. Reportt tol Engineer when clarifications andi interpretations of the Construction Contract Documents are needed, whether as the result of a Contractor RFI or otherwise. Transmit Engineer's clarifications, interpretations, and  circulate copies of minutes thereof.  RPR's own personal safety while at the Site.  5. Liaison  operations affect Owner's on- Site operations. proper execution of the Work.  decisions to Contractor.  7. Shop Drawings, Samples, and other Submittals a. Receive Samples that are furnished at the Sitel by Contractor. b. Receive Contractorapproved. Shop Drawings. Receive other Submittals from Contractor.  d. Record date of receipt of Samples, Contractor-approved Shop! Drawings, and other e. Notify Engineer of availability of Samples for examination, andi forward Contractor- approved Shop Drawings and other Submittals to Engineer. When appropriate recommend distribution of Submittal to specified Subconsultants. Advise Engineer and Contractor oft the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal, if RPR believes that the submittal has not been received from Contractor or has not been approved by Contractor or 8. Proposed Modifications: Consider and evaluate Contractor's suggestions for modifications to the Drawings or Specifications, and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit Engineer's response (ifa any)  Submittals.  Engineer.  to such suggestions to Contractor. 9. Review of Work; Defective Work  a. Report to Engineer whenever RPRI believes that any part of the Work is defective under thet terms and standards set forth in the Construction Contract Documents, Exhibit D-Duties, Responsibilities, and Limitations ofA AuthorityofR Resident Project Representative Exhibits to Agreement between Owner andE Engineer forF Professional Services  Page2of5    and provide recommendations as to whether such Work should be corrected, removed and replaced, or accepted as provided in the Construction Contract b. Inform Engineer of any Work that RPR believes is not defective under the terms ands standards: seti forthi ini the Construction Contract Documents, buti is nonetheless not compatible with the design concept of the completed Project as at functioning whole, and provide recommendations to Engineer for addressing such Work. Advise Engineer of that part oft the Workt that RPRI believes should be uncovered for observation, or requires special testing, inspection, or approval.  Documents.  10. Inspections, Tests, and System Start-ups  a. Consult with Engineer in advance of scheduled inspections, tests, and systems b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. Observe, record, and report to Engineer appropriate details relative to the test d. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public or other e. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results of these inspections, and report to f. Nothing in this Agreement willl be construed to require RPR to conduct inspections. a. Maintain at the Site orderly files for correspondence, reports of job conferences, copies of Construction Contract Documents including all Change Proposals, Change Orders, Field Orders, Work Change Directives, Addenda, additionalDrawings issued subsequent to the execution of the Construction Contract, RFIs, Engineer's clarifications and interpretations of the Construction Contract Documents, progress reports, approved Shop Drawing and Sample submittals, and other b. Prepare a daily report or keep a diary or log! book, recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Proposals, Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send Upon request from Owner to Engineer, photograph or video Work in progress or  start-ups.  procedures and systems start-ups.  agencies having jurisdiction over the Work.  Engineer.  11. Records  Project-related documents.  copies to Engineer. Site conditions.  Exhibit D-Duties, Responsibilities, andl Limitations ofA Authorityo ofF Resident Project Representative Exhibitst to Agreement between Owner andE Engineer for Professional Services  Page 3of5    d. Record and maintain accurate, up-to-date lists of the company names and points of contact for Contractors, Subcontractors, and major Suppliers of materials and  equipment.  Maintain recordsi for use inj preparing Project documentation.  Upon completion oft the Work, furnish original set ofa allF RPR Project documentation  to designated recipients.  12. Reports  a. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule ands schedule of Shop Drawing and Sample b. Draft responses to or make recommends on Change Proposals, Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Furnish to Engineer and Owner copies of all inspection, test, and system start-up d. Immediately inform appropriate parties of the occurrence of any Site accidents, emergencies, natural catastrophes endangering the Work, possible force majeure ord delay events, damage to property byf fire or other causes, ort the discoveryofa fany 13. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment 14. Certificates, Operation: and Maintenance Manuals: During the course oft thel Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and  submittals. Contractor. reports.  potential differing site condition or Constituent of Concern.  delivered at the! Sitel but not incorporated int the Work.  forwarding to Owner prior to payment fori that part of the Work.  15. Completion  a. Participate in Engineer's visits to the Site regarding Substantial Completion, assist in the determination of Substantial Completion, and prior to the issuance of a Certificate of Substantial Completion submit a punch list of observed items b. Participate in Engineer's visit to the Site int the company of Owner and Contractor, to determine completion of the Work, and prepare ai final punch list ofi items to be Observe whether all items on the final punch list have been completed or corrected, and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work (Exhibit E). Exhibit D-D Duties, Responsibilities, andl Limitations of Authority ofF Resident Project Representative Exhibits toA Agreement! between Owner and Engineer for Professional: Services  requiring completion or correction. completed or corrected by Contractor.  Page 4of5    1.03 Limitations of Authority  A. Resident Project Representative shall not:  1. Authorize any deviation from the Construction Contract Documents or substitution of 2. Exceed limitations of Engineer's authority as seti forth int this Agreement. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers, or any 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures oft the Work, by Contractor or any other 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of 6. Participate in specialized field or laboratory tests or inspections conducted off-site by 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.  materials or equipment (including' "or-equal" items).  Constructor. Constructor.  Owner or Contractor.  others except as specifically authorized by Engineer. 8. Authorize Owner to occupy the Project in whole or in part.  Exhibit D-D Duties, Responsibilities, and Limitations ofA Authority ofR Resident Project Representative Exhibits to Agreement between Owner andE Engineer forP Professional Services  Page 5of5    EXHIBITE-NOTICE OF ACCEPTABILITY OF WORK  This document is a MODIFIED version of EJCDCOE-500, Copyrighto 2020 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, ori is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions oft the text that originated in copyrighted EJCDC documents remain subject tot the copyright  Owner: Cityoflamesa Engineer: Parkhill Contractor: [ ] Project: Lamesa ARPA: 2024 Contract Name: [ 1 Notice Date: [ I  Owner's Project No.: [ 1 Engineer's Project No.: 43749.24 Contractor's Project No.: [ 1  Effective Date oft the Construction Contract: [ 1  The Engineer hereby gives notice tot the Owner and Contractor that Engineer recommends final payment to Contractor, andt thatt the Workf furnished and performed by Contractor underthe Construction Contract is acceptable, expressly subject to the provisions of the Construction Contract's Contract Documents ("Contract Documents") and of the Agreement between Owner and Engineer for Professional Services dated [date of professional services agreement 1 ("Owner Engineer Agreement"). This Notice of Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which 1. This Notice has been prepared with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and int the same locality. 2. This Notice reflects and is an expression of the Engineer's professional opinion. 3. This Notice has been prepared tot the best of Engineer's knowledge, information, and belief as oft the 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Ownert to perform ori furnish during construction of the Project (including observation of the Contractor's Work) under the Owner Engineer Agreement, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as ar result of carrying out the responsibilities specifically assigned tol Engineer under such Owner Engineer This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract, an acceptance of Work that is not in accordance with the Contract Documents, including but not limited to defective Work discovered: after final inspection, nor an assumption of responsibility for anyf failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents, or to otherwise comply with the Contract Documents or 6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract andi is subject to Owner's reservations of rights with respect to completion andi final payment.  all who receive and rely on said Notice agree:  Notice Date.  Agreement.  thet terms of any special guarantees specified therein.  Engineer By (signature): Name (printed): Title:  ExhibitE E-Notice ofA Acceptability of Work  Exhibitst to Agreement! between Owner and Engineer for Professional! Services  Pageiof1    EXHIBITG-INSURANCE  This document is a MODIFIED version of EJCDCPE-500, Copyrighto2 2020 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based inj part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions oft thet text that originated in copyrighted EJCDC documents remain subject to the copyright.  ARTICLE: 1-INSURANCE Paragraphs1.01 and 1.02: 1.01 Insurance Policies and Limits  Paragraph 6.04 of the Agreement, Insurance, is supplemented to include the following Exhibit G  A. In accordance with Paragraph 6.04.A of the Agreement, the insurance that Engineer must procure and maintain, and the policy limits of such insurance, are as follows:  Policy limits of not less than: Statutory $1,000,000 $1,000,000 $1,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $6,000,000 $6,000,000 $2,000,000 $4,000,000  Coverage  Workers' Compensation State Employer'sliability Each accident Each employee - Disease Policy limit - Disease Commercial General Liability General Aggregate Personal and/ Advertising Injury Automobile Liability Combined Singlel Limit Excess or Umbrella Liability Each Occurrence General Aggregate Professional Liability Each Claim Annual Aggregate  Bodily Injury and Property Damage--Each Occurrence Combined: Single Limit (Bodily Injurya and Property Damage)  Exhibit G--Insurance Pagei 1of2  Exhibitst toA Agreement between Owner and Engineerf forP Professional Services    1.02 Additional Insureds  A. Ownershalicausel Engineer, its Subconsultants, andi its Engineer's Subcontractors' tol bel listed as additional insureds on any of Owner's general liability policies that are applicable to the Project. The following individuals or entities are to be listed on Owner's general liability policies of insurance (and on Contractor's policies required under Paragraph 6.04.D of the  Agreement) as additional insureds: Name of Additional Insured  Address  Parkhill  4222: 85th Street, Lubbock, TX79423  Atlas Technical Consultants, LLC 1500 Broadway, Suite 1117, Lubbock, TX79401  B. During the term of this Agreement the Engineer shall notify Owner of any other Subconsultant or Engineer's Subcontractor to be listed as an additional insured on Owner's The Owner must be listed on Engineer's general liability policy as provided in D. For applicable Contractor's general liability policies of insurance, the additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG20101001 and CG20371001 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commerciallyavalable; then Contractormaysatislylhisrequirement by providingequivalent For applicable Contractor's general liability policies of insurance, Contractor shall provide ISO Endorsement CG20320704, "Additional Insured-Engineers, Architects or Surveyors Not Engaged by the NamedI Insured" ori its equivalent for Enghneer,Subconsultants, and other  and applicable Contractor's general liability policies ofi insurance.  Paragraph 6.04.B.  endorsements.  design professional additional insureds.  Exhibit G-Insurance Page 2of2  Exhibits toA Agreement between Owner and Engineer for Professional Services    EXMBTI-PAYMENISTO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES: INTRODUCTION This document is a MODIFIED version of EJCDCPE-500, Copyrighto 2020 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions oft the text that originated in copyrighted EJCDC documents remain subject to the copyright. Article 2 oft the Agreement is supplemented to include thet following ExhibitlParagraph 1.01: 1.01 Compensation for Basic Services (other than Resident Project Representative)-Lump Sum A. Owner shall pay Engineert for Basic Services set forthi in Exhibit A (except for Resident Project 1. AL Lump Sum amount of $ 92,198.65 based on the following estimated distribution of  ATGEI-COMPENSATON FORI BASIC SERVICES-LUMPSUM  Method of Payment  Representative services, ifany) as follows:  compensation: a. Preliminary Design Phase b. Final Design Phase C. Bidding and Negotiating Phase d. Construction Phase  $ 15,000.00 45,000.00 5,000.00 $ 27,198.65  2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but compensation will not exceed thei totalLump Sum amount unless approved in writing by the Owner. 3. The Lump Sum includes compensation for Engineer's services ands services of Engineer's Subcontractors and Subconsultants, if any. Appropriate amounts have been incorporated int thel Lump Sum to account for laborcosts, overhead, profit,and expenses 4. Ina addition to the Lump Sum, Engineer is also entitled to reimbursement from Owner for thet following Reimbursable Expenses (see Appendix 1 for rates or charges):  (other than any expressly allowed Reimbursable Expenses).  a. Geotechnical Survey Services: $12,775.00 b. Topographic Survey: $10,000.00  5. The portion oft the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. If any Reimbursable Expenses are expressly allowed, Engineer may also billi for any such Reimbursable Expenses incurred during the billing period. B. Period of Service: The compensation amount stipulated is conditioned on a period of service not exceeding 15 months. If such period of service is extended, the compensation amount  for Engineer's services willl be appropriately adjusted.  Exhibit I-Payments toE Engineer for Services andF Reimbursable Expenses Exhibits toA Agreement between Owner and Engineer for Professional Services  Basic Services-Lump: Sum Page1ofi    EXHIBITI-PAYMENTSI TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES ARTIGEZ-COMPNSATON FORI RESIDENT PROJECT EPAESENTAIVE-UMPSUN Article 20 of the Agreement is supplemented toi include thet following Exhibit/Paragraph 2.01: 2.01 Compensation for Resident Project Representative Services-Lump: Sum Method of Payment A. Owner shall payl Engineer for Resident Project Representative Services as follows: 1. Resident Project Representative Services: For services of Engineer's Resident Project Representative (RPR), if any, under Exhibits A and D, the Lump Sum amount of $60,472.00. The Lump Sumi includes compensation for Resident Project Representative services, including any RPR-related services performed by Engineer's Subcontractors and Subconsultants. Appropriate amounts have been incorporated ini the Lump Sum to account for labor costs, overhead, profit, and expenses (other than any expressly allowed Reimbursable! Expenses, ass setforthimmediately below) relatedt tot thel Resident 2. Reimbursable Expenses: In addition to the Lump Sum, Engineer is also entitled to reimbursement from Owner fort the following RPR-related Reimbursable Expenses (see Appendix 11 for rates or charges); all other expenses are accountedi fori int the Lump Sum: 3. Resident Project Representative Schedule: The Lump Sum amount set forth in Exhibitl Paragraph 2.01.A.1 above is based on part-time RPR services on an ten-hour workday Monday through Friday over a 92-day construction schedule. Modifications to the construction schedule wille entitle Engineer to ane equitable adjustment ofc compensation  Project Representative services.  Mileage and Per Diem.  for RPR: services.  Exhibitl I-Payments' toE Engineerf for Services and Reimbursable Expenses Resident Project Representative-lumps Sum Exhibits toA Agreement between Ownera andE Engineer for Professional! Services  Page1 1of1    EXHIBIT I-PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES ARTICLE3-COMPENSATION PACKET AS-1: ADDITIONAL SERVICES-STANDARD HOURLY RATES Article 20 of the Agreement is supplemented toi include the following Exhibit Paragraph 3.01: 3.01 Compensation for Additional Services--Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, ifany, as follows:  1. For services of Engineer's personnel engaged directly on the Project pursuant to Exhibit A Paragraph 2.01 or 2.02, except for services as a consultant or witness under Exhibit Al Paragraph2.02.A.28) (which if needed will be separately negotiated based on the nature of the required consultation or testimony), an amount equal to the cumulative hours charged by each class of Engineer's personnel providing such Additional Services times Standard Hourly Rates for each applicable billing class, plus Additional Services-related Reimbursable Expenses and Additional Services-related  Engineer's Subcontractors' and Subconsultants' charges, ifany.  B. Compensation for Reimbursable Expenses  1. Fort those Reimbursable Expenses that are directly related to the provision of Additional Services, and are not already accounted for in the compensation for Basic Services or RPR-related services, Owner shall reimburse Engineer, using the rates set forth in 2. Such Reimbursable Expenses include, to the extent Additional Services-related, the expenses identified in Appendix 1 and the following categories: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related or other procurement documents, Construction Contract Documents, and similar items. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Addiionalsenvicesreated internal expenses actually incurred ora allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services,  Appendix 11 tot this Exhibit lwhen applicable.  specialized equipment.  the latter multiplied by ai factor of1.15. Other Provisions Concerning Payment for Additional Services  1. Whenever Engineer is entitled to compensation for the charges of Engineer's Subcontractors and Subconsultants, such compensation will be the amounts billed by Engineer's Subcontractors and Subconsultants to Engineer times at factor of1.15. 2. Factors: The external Reimbursable Expenses and Engineer's Subcontractors' and Subconsultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such: services and costs. 3. The Standard Hourly Rates and the Reimbursable Expenses Schedule will be adjusted annually to reflect equitable changes in the compensation payable to Engineer for  Additional Services-related. services and expenses.  Exhibit! IP Payments toE Engineer for Services and Reimbursable Expenses Additional Services-Standard/ Hourly Rates Exhibits to Agreement! between Owner and Engineerf for Professional Services  Page 1of2    4. To the extent necessary' to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost.  Exhibitl IP Payments to Engineer for Services and Reimbursable Expenses Additional Services-Standard) Hourly Rates Exhibitst to Agreement! between Ownera andE Engineerf for Professional Services  Page 2of2    EXHIBIT I-PAYMENTS TOI ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES  APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE  Reimbursable Expenses are subject to review and adjustment per Exhibit I. Rates and charges for  Reimbursable Expenses as of the date oft the Agreement are:  8"x11" Copies - B&W 8"x11" Copies - Color Copies of Drawings Mileage (auto) Air Transportation Laboratory Testing Meals and Lodging  $0.09/sheet $0.55/sheet $0.50/sq. ft. $0.67/mile at cost at cost at cost  Exhibiti-Paymentsi to Engineer for Services andF Reimbursable! Expenses Appendix: 1: Reimbursable Expenses Schedule Exhibitst to Agreement between Owner andE Engineer for Professionals Services  Pageiof1    Parkhill Hourly Rate Schedule  January 1, 2024 through December 31, 2024  Client: City ofL Lamesa  Project: Lamesa ARPA 2024 Location: Lamesa, TX HOURLY RATE CLASSIFICATION PROFESSIONAL LEVELVI $159.00 Architect $195.00 Civil Engineer $190.00 Electrical Engineer $142.00 Interior Designer $153.00 Landscape Architect $181.00 Mechanical Engineer $188.00 StructuralE Engineer $146.00 Professional Land Surveyor $140.00 Other Professional PROFESSIONAL LEVELVII $194.00 Architect $227.00 CivilE Engineer $223.00 Electrical Engineer $155.00 Interior Designer $166.00 Landscape Architect $213.00 Mechanical Engineer $217.00 Structural Engineer $177.00 Professional Land Surveyor $165.00 Other Professional $236.00 $270.00 $268.00 $187.00 $202.00 $255.00 $240.00 $190.00 $184.00  Agreement Date: CLASSIFICATION SUPPORTSTAFFI SUPPORTSTAFFI SUPPORTSTAFFII SUPPORT STAFFIV SUPPORT! STAFFV SUPPORTS STAFFVI PROFESSIONAL LEVELI Architect Civil Engineer Electrical Engineer Interior Designer Landscape. Architect Mechanical Engineer Structural Engineer Survey Tech Other Professional PROFESIONALLEVELIN Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Survey7 Tech Other Professional  HOURLY RATE CLASSIFICATION $64.00 PROFESSIONALLEVELI Architect $75.00 Civil Engineer Electrical Engineer $103.00 Interior Designer Landscape Architect $110.00 Mechanical Engineer Structural Engineer $122.00 Survey Tech Other Professional $132.00 PROFESSIONAL LEVELIV Architect $129.00 Civil Engineer $141.00 Electrical Engineer $144.00 Interior Designer $123.00 Landscape Architect $123.00 Mechanical Engineer $135.00 Structural Engineer $135.00 Survey Tech $115.00 Other Professional $121.00 PROFESIONALIEVELV Architect $140.00 Civil Engineer $158.00 Electrical Engineer $163.00 Interior Designer $129.00 Landscape. Architect $129.00 Mechanical Engineer $155.00 Structural Engineer $153.00 Professional Land Surveyor $125.00 Other Professional $127.00  HOURLY RATE $249.00 $271.00 $270.00 $202.00 $217.00 $257.00 $242.00 $228.00 $210.00 $317.00 $326.00 $321.00 $231.00 $278.00 $304.00 $321.00 $276.00 $266.00    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17,2024  AGENDA ITEM:8  DISCUSS RECREATIONAL AND ENTERTAINMENT FOR  SUBJECT:  FUTURE ACTIVITIES.  SUBMITTED BY: EXHIBITS:  City Staff  SUMMARY STATEMENT  Discuss recreational and entertainment for future activities for our citizens  COUNCIL ACTION  No City Council action required.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM:9  SUBJECT: SUBMITTED BY: EXHIBITS:  CITY STAFF REPORTS City Staff  SUMMARY STATEMENT  City Council to hear city departmental reports:  a. UTILITIES DIRECTOR REPORT: Utilities Director to report on the city's recent b. GOLF COURSE REPORT: Report on conditions and events at the Golf Course  events  COUNCIL ACTION  No City Council action required.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 4 2024  AGENDA ITEM:10  SUBJECT: SUBMITTED BY: EXHIBITS:  FINANCIAL REPORT Finance Director Report  SUMMARY STATEMENT  Finance Director to report on the city's finances.  COUNCIL ACTION  No City Council action required.    LAMESATEXAS TRADE COFIDOECHOSING  City of Lamesa  Financial Statement Summary Asof: August 31st, 2024  Current Month-to-Date 238,645.02 404,503.49 (165,858.47)  General Fund (1) Revenues Expenditures  Year-to-Date $ 5,617,819.05 $ 5,307,109.78 $ 310,709.27  Revenues Over/(Under) Expenditures  Water Fund (2)  Revenues Expenditures  392,545.21 $ 508,885.73 (116,340.52)  $ 3,702,278.35 $ 3,690,632.10 $ 11,646.25  Revenues Over/(Under) Expenditures  Solid Waste Fund (3) Revenues Expenditures  $ 216,484.14 $ 167,281.98 49,202.16  $ 2,407,407.64 $ 2,042,440.72 $ 364,966.92  Revenues Ower/Undeltapenditures  Wastewater & Collection (20) Revenues Expenditures  $ 103,433.00 $ 146,926.59 $ (43,493.59)  $ 1,085,255.85 $ 1,245,766.80 $ (160,510.95)  Revenues Over/(Under) Expenditures  All Funds  Revenues Expenditures  951,107.37 1,227,597.79 (276,490.42)  12,812,760.89 12,285,949.40 526,811.49  Revenues Over/(Under) Expenditures    9-12-2024 03:52 PM 01 -GENERAL EUND FINANCIAL SUMMARY ACCT# ACCOUNT NAME REVENUE SUMMARY 01-TAXES 02-FRANCHISES AND STREET 03-PERMITS, LICENSES AND 04-FINES 06-OTHER GOVERNMENTAL AGE 07-TRANSFERS 08-CHARGES FOR CURRENT SE 09-MISCELIANEOUS REVENUES 19-SOURCE (CHG TO 49XXX) TOTAL REVENUES EXPENDITURE SUMMARY GENERAL ADMIN SERVICES FINANCIAL SERVICES PERSONNEL/RISK MGT SERV COMMUNITY DEVELOPMENT SER HOUSING ASSISTANCE SERV CITY COUNCIL CITY HALL INTERGOVERMMENTAL MUNICIPAL COURT VEHICLE REPAIR SERVICES VEHICLE PREVENTIVE MNT FIRE SERVICES VOLUNTEER FIRE SERVICES PD-G GEN'L ADMIN SERV COMMUNICATIONS SERVICES GEN'L LAW ENFORCEMENT SER CRIMINAL INVESTIGATIONS JUVENILE SERVICES ANIMAL CONTROL SERVICE EMERGENCY MANAGEMENT SERV NARCOTICS INTERDICTION STREET MAINTENANCE SERV STREET CONST/SEAL ÇOAT STREET CLEANING SERVICES TRAFFIC SERVICES INSPECTION SERVICES PARK MAINTENANCE SERVIÇES PARK IRRIGATION SERVICES COMMUNITY BUILDING SERV RECREATIONAL FACILITIES  CITY OF LAMESA FINANCIAL STATEMENT AS OF: AUGUST 31ST, 2024  PAGE:  91.678 OF YEAR COMP,  ANNUAL BUDGET  CURRENT PERIOD  Y-T-D OF ACTUAL BUDGET  BUDGET BALANCE  4,337,268.00 616,454.00 73,500.00 65,000.00 47,000.00 251,616.00 0.00 231,600.00 672,295.28 20.000.00 6,314,733.28  122,114.69 3,815,831.08 87.98  521,436.92 90,990.89 38,945.60 66,302.68) 15,384.00) 0.00 5,286.53 110,735.18 20.000.00  24,913.87 1,285.00 5,693.11 2,029.23 49,500.00 0.00 16,293.75 16,815.37 0.00  525,463.11 85.24 34,554.40 47.01 73,794.21 113.53 ( 8,794.21) 113,302.68 241.07 267,000.00 106.11 0.00 0.00 226,313.47 97.72 561,560.10 83.53 0.00 0.00  AND RENTA  238,645.02 5,617,819.05 88.96 696,914.23  364,664.00 102,830.00 58,507.00 1,050.00 39,959.00 38,730.00 119,650.00 91,920.00 155,068.00 42,521.00 457.00 765,117.98 96,392.02 338,778.40 322,064.31 1,713,709.27 325,366.30 0.00 164,342.00 16,250.00 0.00 600,731.24 142,040.00 8,115.00 C 1,225.34) 136,900.00 237,558.00 388,633.00 12,202.00) 36,966.00 183,612.00  15,989.13 150.07 3,470.11 0.00 7,202,82 1,227.38 3,947.84 700.88 9,644,39 2,001.31) 48,177.89 697,83 29,270.63 20,079,59 23,753.92 0.00 8,280.72 58.86 0.00 42,774.54 5,743.83 9,620.21 14,262.74 26,395.96 1,658.06 11,954.15  194,071.43 53.22 65,633.01 63.83 64,923.45 110.97 ( 6,416.45) 492.87 46.94 57,050.74 142.77 ( 17,091.74) 34,619.44 89.39 53,996.83 45.13 3,255.20 3.54 178,699.77 115.24 ( 23,631.77) 33,993.90 79.95 704,510.28 92.08 69,583.30 72.19 364,539.80 107.60 ( 25,761.40) 235,037.66 72.98 303,301.80 93.22 0.00 0.00 96,987.66 59.02 20,664.25 127.16 0.00 0.00 367,605.33 61.19 61,812.27 43.52 2,140.81 26.38 109,673.25 80.11 188,630.86 79.40 289,688.92 74.54 31,404.29 84.95 213,934.55 116.51 ( 30,322.55)  170,592.57 37,196.99 557.13 4,110.56 65,653.17 88,664.80 8,527.10 727.61 60,607.70 26,808.72 87,026.65 483,483.28 22,064.50 0.00 67,354.34 4,414.25) 0.00 233,125.91 80,227.73 5,974.19 27,226.75 48,927.14 98,944.08 5,561.71  116.42) ( 270.61) 59.21-  94,601.73 1,230,225.99 71.79  4,668.67 a 10,981.13) 89.99 ( 1,220.87)    9-12-2024 03:52 PM 01 -GENERAL FUND FINANCIAL SUMMARY ACCTH ACCOUNT NAME SWIMMING POOL SERVICES GOLF COURSE TOTAL EXPENDITURES REVENUES OVER/( (UNDER) EXPENDITURES OTHER SOURCES (USES) REVENUES & OTHER SOURCES OVER (UNDER) EXPENDITURES & OTHER (USES)  CITY OF LAMESA FINANCIAL STATEMENT AS OF: AUGUST 31ST, 2024  PAGE:  91.678 OF YEAR COMP.  ANNUAL BUDGET 79,748.00 363.958.00 6,923,435.52  CURRENT PERIOD 2,043.53 21.471.08  Y-T-D OF ACTUAL BUDGET 59,925.01 75.14 281,958.85 77.47  BUDGET BALANCE 19,822.99 81.999.15  404,503.49 5,307,109.78" 76.65 1,616,325.74  608,702.24) C 165,858.47) 310,709.27 51.04- ( 919,411.51)  0.00  0.00  0.00 -0.00  0.00  608,702.24) ( 165,858.47) 310,709.27 51.04- ( 919,411.51)    9-12-2024 03:53 PM 02 -WATER & WASTEWATER ENTER. FINANCIAL SUMMARY ACCT# ACCOUNT NAME BEVENUE SUMMARY 11-OPERATING REVENUES 12-WON-OPERATING REVENUES TOTAL REVENUES EXPENDITURE SUMMARY WATER PRODUCTION SERVICES WATER DIST/WASTEWATER SER WASTEWATER TREATMENT SERV ENGINEERING SERVICES TECHNICAL SERVICES UTILITY BILLING/COLLECT INSPECTION SERVICES TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES OTHER SOURCES (USES) REVENUES 6 OTHER SOURCES OVER (UNDER) EXPENDITURES 6 OTHER (USES)  CITY OF LAMESA FINANCIAL STATEMENT AS OF: AUGUST 31ST, 2024  PAGE:  91.678 OF YEAR COMP.  ANNUAL BUDGET  CURRENT PERIOD  Y-T-D OF ACTUAL BUDGET  BUDGET BALANCE  4,213,250.00 58.300.00 4,271,550.00  391,312.13 3,602,571.13 B5.51 392,545.21- 3,702,278.35 86.67  610,678.87 569,271.65  1.233.08  99.707.22 171.02 L 41.407.22)  1,625,847.00 1,802,130.00 0.00 116,046.00 94,297.00 398,224.00 0.00 4,036,544.00  170,919.77 1,609,664.40 99.00 293,142.35 1,569,731.99 87.10  16,182.60 232,398.01 0.00 37,066.56 9,396.94 50,945.52 77.73) 345,911.90 223,359.75 0.00 223,359.75  0.00 7,655.55 7,171.57 29,996.49 0.00  0.00 0.00 78,979.44 68.06 84,900.06 90.03 347,278.48 87.21 77.73 0.00 11,646.25 4.96 0.00 0.00 11,646.25 4.96  508,885.73 3,690,632.10" 91.43  235,006.00 ( 116,340.52) 0.00 235,006.00  0.00 116,340.52)    9-12-2024 03:53 PM 03 -SOLID WASTE ENTERPRISE FINANCIAL SUMMARY ACCT# ACCOUNT NAME REVENUE SUMMARY 21-OPERATING REVENUES 22-NON-OPERATING REVENUES TOTAL REVENUES EXPENDITURE SUMMARY SOLID WASTE COLLECTION SV SANITARY LANDFILL SERVICE SPECIALIZED COLLECTION SV ENVIRONMENTAL HEALTH SERV TOTAL EXPENDITURES REVENUES OVER/ (UNDER) EXPENDITURES OTHER SOURCES (USES) REVENUES & OTHER SOURÇES OVER (UNDER) EXPENDITURES & OTHER (USES)  CITY OF LAMESA FINANCIAL STATEMENT AS OF: AUGUST 31ST, 2024  PAGE:  91.678 OF YEAR COMP,  ANNUAL BUDGET  CURRENT PERIOD  Y-T-D OF ACTUAL BUDGET  BUDGET BALANCE  AND RENTA  0.00 2,460,017.00 164.969.34 2,624,986.34  0.00 V  0.00 0.00  0.00 86.453.77) 217,578.70  201,293.90 2,155,984.53 87.64 304,032.47 15.190.24 251.423.11 152.41 216,484.14 2,407,407.64 91.71  1,102,491.34 1,252,506.00 119,224.00 87.570.00 2,561,791.34 63,195.00 0.00 63,195.00  129,016.25 1,070,246.66 97.08  32,244.68 429,560.33 46,293.21 11.252.40 519,350.62 301,771.92) 0.00 301,771.92)  30,610.40 3,065.94 4.589.39 49,202.16 0.00 49,202.16  822,945.67 65.70 72,930.79 61.17 76.317.60 87.15 364,966.92 577.52 0.00 0.00 364,966.92 577.52  167,281.98 2,042,440.72 79.73    9-12-2024 03:53 PM 20 -WASTEWATER FUND FINANCIAL SUMMARY ACCT# ACCOUNT NAME REVENUE SUMMARY 41-OTHER FINANCING TOTAL REVENUES EXPENDITURE SUMMARY WASTEWATER TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES OTHER SOURCES (USES) REVENUES 6 OTHER SOURCES OVER (UNDER) EXPENDITURES & OTHER (USES)  CITY OF LAMESA FINANCIAL STATEMENT AS OF: AUGUST 31ST, 2024  PAGE:  91.678 OF YEAR COMP.  ANNUAL BUDGET  CURRENT PERIOD  Y-T-D OF ACTUAL BUDGET  BUDGET BALANCE  1.257,889.00 1,257,889.00  103.433.00 1.085.255.85 86.28 172,633.15 103,433.00 1,085,255.85" 86.28  172,633.15  1.424.006.00 1,424,006.00  146.926.59 1.245.766.80 87.48 178.239.20 146,926.59 1,245,766.80 87.48  V  178,239.20  166,117.00) ( 43,493.59) C 160,510.95)"9 96.63 ( 5,606.05)  0.00  0.00  11.06 0.00  11.06) 5,617.11)  166,117.00) ( 43,493.59) ( 160,499.89) 96.62    LAMESATEXAS TEADEC COMIDORCHOSING  City of Lamesa Balance Sheet Summary Asof: August 31st, 2024  General Fund (1)  Assets Liabilities  $ 5,113,042.25 $ 990,959.08  Water Fund (2)  Assets Liabilities  $ 26,910,928.67 $ 12,630,502.35  Solid Waste Fund (3)  Assets Liabilities  $ 8,297,034.96 $ 5,005,490.23  Wastewater & Collection (20)  Assets Liabilities  $ $  5,006,350.25 6,565,583.01    9-12-2024 03:48 PM 01 -GENERAL FUND ACCOUNT # ACCOUNT DESCRIPTION ASSETS 01-1001 CASH IN BANK 01-1002 PETTY CASH 01-1003 RETURNED CHECKS 01-1004 TAXES RECEIVABLE-DELIQENT 01-1005 TAXES RECEIVABLE CURRENT 01-1006 PROV. FOR UNCOLLECT TAXES 01-1007 MISC ACCT. RECEIVABLE 01-1008 PROV. UNCOLLEC. ACCT/REC 01-1009 PAVING LEIN RECEIVABLE 01-1010 UNCOLLECTABLE PAVING LEIN 01-1011 A/R LUBBOCK TASK FORCE 01-1012 A/R TNRCC 01-1013 OFFICE SUPPLIES INVENTORY 01-1014 DUE FROM DAWSON COUNTY 01-1015 CASH IN BANK PAYROLL 01-1016 DUE FROM DEBT SERVICE 01-1017 FUEL TAX C.D. 01-1018 DUE TO/FROM 1997 TAN 01-1019 DUE TO/FROM SOLID WASTE FUND 01-1020 DUE FROM INVESTMENT FUND 01-1021 CAPITAL EQUIPMENT RESERVE 01-1022 BUILDING 6 COMPUTER RESERVE 01-1023 DUE FROM FIRE DEPT. GRANTS 01-1024 DUE FROM JUSTICE GRANT 01-1025 DUE TO/ FROM STATE AGENCY 01-1026 DUE FROM OTHER GOVERNMENTS 01-1027 DUE TO/EROM CAPITAL PROJECT 01-1028 SALES TAX RECEIVABLE 01-1029 DUE TO/FROM DEBT SERVICE 01-1030 DUE FROM MOTEL TAX FUND 01-1031 DUE TO/FROM SPECIAL REV. FUND 01-1032 DUE FROM INVESTMENT-CIVIC CTR. 01-1033 ACCOUNTS RECEIVABLE 01-1034 SALES TAX REC./TX COMPTROLLER 01-1035 DUE FROM IMS FLEX ACCT. 01-1036 FRANCHISE TAX RECEIVABLE 01-1037 DUE FROM WASTEWATER 01-1038 DUE FROM DAWSON COUNTY 01-1039 US TREASURY BILLS (LNB) 01-1040 TAN IGs RESERVE 01-1041 LAMESA ANIMAL SHELTER 01-1042 GOLF FEES RECEIVABLE 01-1043 GOLF MEMORIAL EUND 01-1044 CIP - F PARK LIGHT PROJECT 01-1045 CITY OF LAMESA CFS FESTIVAL 01-1046 CRIME LINE 01-1047 PD SEIZURE FUND 01-1048 ALLOWANCE FOR GOLF RECEIVABLES 01-1050 DUE TO/FROM RISK MGMT & SAFE  CITY OF LAMESA BALANCE SHEET AS OE: AUGUST 31ST, 2024  PAGE: 1  BALANCE 1,319,663.39 0.00 5,751.57 453,070.52 0.00 267,939.80) 15.40) 184.11) 0.00 0.00 0.00 0.00 0.00 0.00 112,791.75 0.00 0.00 0.00 0.00 2,197,434.53 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,330.54 0.00 0.00 0.00 0.00 0.00 462,871.30 0.00 106,097.45 0.00 0.00 487,611.70 0.00 92,166.58 57,351.45 9,421.00 0.00 4,869.11 2,721.39 10,864.45 0.00 0.00    9-12-2024 03:48 PM 01 -GENERAL FUND: ACCOUNT # ACCOUNT DESCRIPTION 01-1055 DUE FROM INVESTMENT FUND 01-1056 DUE FROM TEXstar POOL 01-1060 DUE FROM ECONOMIC DEVELO 01-1061 DUE FROM BUILDING SECURITY 01-1062 DUE FROM PEG FUND 01-1063 DUE FROM POLICE DONATION FUND 01-1064 DUE FROM TECHNOLOGY FUND 01-1065 DUE FROM ECONOMIC DEV./AUDITOR 01-1066 DUE FROM S.W.A.T FUND 01-1067 DUE FOR TRUANCY FUND 01-1068 DUE FROM MUNICIPAL JURY EUND 01-1070 DUE FROM FORFEITED TRUST 01-1071 DUE FROM WWE-LAND PURCHASE 01-1072 DUE TO/FROM GOLF COURSE 01-1080 D.A.R.E. 01-1085 DUE FROM HOUSING AUTHORITY 01-1090 XFER FOR RETIREMENT/C.0." 01-1095 DUE FROM LEAP TOTAL ASSETS LIABILITIES  CITY OF LAMESA BALANCE SHEET AS OF: AUGUST 31ST, 2024  PAGE: 2  BALANCE 0.00 4,818.95 51,360.61 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,893.35) 0.00 0.00 0.00 878.62  5,113.042.25  5,113,042.25  01-2012 DUE TO GRANT FUNDS (17) 01-2013 PAVING LIEN REFUND PAYABLE 01-2014 SALES TAX PAYABLE 01-2015 VOUCHERS PAYABLE 01-2016 COMMUNITY BLDG.DEPOSITS 01-2017 REFUND OF CASH DEPOSITS 01-2018 WAGES PAYABLE 01-2019 GROUP INSURANCE PAYABLE 01-2020 WITHHOLDING TAX PAYABLE 01-2021 SOCIAL SECURITY PAYABLE 01-2022 T.M.R.S. PAYABLE 01-2023 AUTO ALLOWANCE PAYABLE 01-2024 BONDS 01-2025 DEDUCTIONS PAYABLE 01-2026 WORKERS COMPENSATION 01-2027 AIRPORT 01-2028 OPTIONAL LIFE PAYABLE 01-2029 DUE TO SWMF 01-2030 GOVERNOR'S TAX PAYABLE 01-2031 TRANS.FOR RET.BONDS 01-2032 DUE TO STATE AGENCY 01-2033 C.D.B.G. 01-2034 DUE TO LAMESA HOUSING 01-2035 TRANS. FROM DEVELOP. EUND 01-2036 TEEN COURT ADMIN FEE 01-2037 DUE TO RISK MGT & SAFETY 01-2038 DUE TO/FROM WATER EUND  0.00 0.00 0.00 499,559.93 10,990.00 0.00 0.00 0.00 235.50 145.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 644.00) 0.00 430.00 0.00 0.00    9-12-2024 03:48 PM 01 -GENERAL FUND ACCOUNT # ACCOUNT DESCRIPTION 01-2039 WARRANTS PAYABLE 01-2040 UNITED FUND 01-2041 SALES TX DUE TO LEDC -TX COMPT 01-2042 DUE TO LEAP -SALES TAX 01-2043 TMRS EMPLOYEE BACK PAY 01-2044 FLEX SPENDING ACCT. (FSA) 01-2045 PROV. FOR COMP.ABSENCES 01-2046 2022 TAX NOTES 01-2048 1992 C o DEBP-PRINCIPAL 01-2049 1992 C.0. DEBT 01-2050 ICMA-RC PAYABLE 01-2051 COURT BONDS PAYABLE 01-2052 COURT BUILDING SECURITY FUND 01-2053 COURT TECHNOLOGY FEE 01-2054 MVBA COLLECTIONS 01-2055 TAN IGs PRINCIPAL 01-2056 TAN IGs INTEREST 01-2057 NORTHLAND PEG FEES 01-2058 NTS PEG FEES 01-2059 DUE FROM TRUANCY FUND 01-2070 GROUP INS. PRE-TAX 01-2075 EMPLOYEE REIMB. SICK LEAVE 01-2080 DEFERRED REVENUE-PAVING 01-2081 DEFERRED REVENUE-TAXES 01-2082 DEFERRED REVENUE-MISC. POLICE 01-2083 DEFERRED REVENUE REVITAL GRANT 01-2084 DEFERRED REVENUE- CIVIC CENTER 01-2085 AFLAC PRE-TAX 01-2086 DEFERRED REV.-POLICE DONATIONS 01-2087 DEFERRED REV.-COURTHOUSE PROJ. 01-2088 DEFERRED REVENUE-SWAT DONATION 01-2089 DEFERRED REVENUE/FIRE PROTECTI 01-2090 AFLAC POST TAX 01-2091 DEFERRED REV.-L.I.S.D. BUYMONE 01-2092 AIR MED CARE 01-2093 DEFERRED REV./ANIMAL SHELTER 01-2094 NEW YORK LIFE INS. PAYABLE 01-2095 VISION INS. PAYABLE 01-2096 EMPLOYEE LEGAL SERV. PAYABLE 01-2097 WORK BOOTS PAYABLE 01-2098 DEFERRED REV. - SPORTS COMPLEX 01-2099 JAE FITNESS PAYABLE 01-2150 ACCRUED PAYABLES 01-2160 ACCRUED PAYROLL LIABILITY 01-2170 NATIONWIDE PRE-TAX 01-2175 NATIONWIDE POST TAX 01-2999 PROFIT & LOSS TOTAL LIABILITIES  CITY OF LAMESA BALANCE SHEET ASOF: AUGUST 31ST, 2024  PAGE: 3  BALANCE 0.00 33.00 77,145.22 77,145.22 0.00 2,172.37 0.00 108,599.13 0.00 0.00 0.00 0.00 0.00 0.00 335.37 0.00 0.00 0.00 0.00 0.00 11,181.81) 0.00 0.00 185,130.72 0.00 0.00 0.00 555.55 0.00 0.00 0.00 0.00 515.02 1,286.50 0.00 0.00 0.00 290.49 0.00 75.00 0.00 0.00 0.00 38,140.19 0.00 0.00 0.00  990.959.08    9-12-2024 03:48 PM 01 -GENERAL FUND ACCOUNT # ACCOUNT DESCRIPTION EQUITY 01-3001 FUND BALANCE 01-3002 RESERVE-CAPITAL EQUIPMENT 01-3003 RESERVE-BUILDING 6 COMPUTER 01-3010 C.0. INTEREST 01-3011 C.0. PRINCIPAL 01-3012 TAN INTEREST 01-3013 TAN PRINCIPAL 01-3014 OTHER PRINCIPAL 01-3015 OTHER INTEREST TOTAL BEGINNING EQUITY TOTAL REVENUE TOTAL EXPENSES  CITY OF LAMESA BALANCE SHEET ASOF: AUGUST 31ST, 2024  PAGE: 4  BALANCE 3,811,373.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,811,373.90 5,617,819.05 5.307.109.78 310,709.27  TOTAL REVENUE OVER/(UNDER) EXPENSES TOTAL EQUITY & REV. OVER/(UNDER) EXPV TOTAL LIABILITIES, EQUITY & REV.OVER/(UNDER) EXP.  4.122.083.17  5,113,042.25    9-12-2024 03:49 PM 02 -WATER & WASTEWATER ENTER. ACCOUNT # ACCOUNT DESCRIPTION ASSETS 02-1001 CASH INE BANK 02-1002 CASH IN DRAWER 02-1003 DUE EROM INVESTHENTS/WATER DEP 02-1004 CAPITAL EQUIPMENT RESERVE 02-1005 W.S.G. CHGS. RECEIVABLE 02-10051 REFUNDS PAYABLE 02-10052 UTILITY A/R SUSPENSE 02-10053 UNAPPLIED US REVENUE 02-10054 US GL REÇON REPORT 02-10059 UNBILLED REVENU RECEIVABLE 02-1006 PROV.FOR UNCOLLECT. ACCTS 02-1007 INVENTORY SUPPLIES 02-1008 WW. TRMT PLNT RES.INVESTMENTS 02-1009 UTILITY SYSTEM IMPROV RESERVE 02-1010 UNAMORTIZED TAN ISSUE COSTS 02-1011 AMORT.OF DISC. & PREMIUMS 02-1012 WATER SYSTEM LAND 02-1013 WATER RIGHTS PURCHASED 02-1014 WALKS, DRIVES 6 FENCES 02-1015 BUILDINGS 02-1016 WELLS & WELL HOUSES 02-1017 BOOSTER STAT. AND STORAGE 02-1018 WATER LINES, VALVES & FITT 02-1019 WATER TAPS AND METERS 02-1020 AUTOMOTIVE & MISC.EQUIP. 02-1021 FIRE HYDRANTS 02-1022 WATER SYST. DEPRECIATION 02-1023 SEWER SYSTEM-LAND & LAGOO 02-1024 SEWAGE LIFT STATIONS 02-1025 DISPOSAL PLANT 02-1026 SEWER LINES 02-1027 SEWER SYS. DEPRECIATION 02-1028 DUE TO/FROM SOLID WASTE 02-1029 ELECTRICAL INVENTORY 02-1030 WATER RESERVE 02-1031 ACCOUNTS REC. TRRA 02-1032 06 TAN ISSUANCE COSTS 02-1033 06 TAN AMORTIZATION 02-1034 DUE TO EROM WATER FUND 02-1035 DUE FROM TCDP GRANT 02-1036 DUE FROM INV. FUND-TX NOTE 06 02-1037 DUE TO INV. WELLS GTOWER 02-1038 DUE FROM TEXSTAR POOL 02-1039 WATER TREATMENT PLANT 02-1040 WW TRMT PLANT RES. 02-1041 USDA WATER IMPROVEMENT GRNT. 02-1042 US TREASURY BILLS (LNB) 02-1043 LEASES RECEIVABLE 02-1050 CASH IN BANK-TRMT PLANT  CITY OF LAMESA BALANCE SHEET AS_OF: AUGUST 31ST, 2024  PAGE: 1  BALANCE 380,172.46) 0.00 32,203.99 2,197,451.54 260,891.38 3,204.82 0.00 29,810.27) 0.00 316,940.13 52,675.14) 252,508.27 100,128.82 0.00 0.00 0.00 67,322.47 6,680,247.00 10,812,507.31 223,349.78 0.00 1,815,454.88 256,996.50 6,816,494.00 2,772,754.56 0.00 (16,354,638.92) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,128,709.39 0.00 0.00 19,520.00 0.00 0.00 19,819.84 427,520.88 406,076.77 0.00 0.00 0.00 487,614.92 49,897.10 0.00    9-12-2024 03:49 PM 02 -WATER & WASTEWATER ENTER. ACCOUNT # ACCOUNT DESCRIPTION 02-1051 UITLITY SYSTEM 6F REPLACEMENT 02-1060 CIP NEW WATER WELL PROJECT 02-1065 CIP LUBBOCK HWY LIFTSTATION 02-1070 CIP ELEVATED STORAGE TANK 02-1075 CIP - WATER MAIN IMP, HWY 87 02-1076 CIP - USDA WATER IMP. PROJECT 02-1080 NET PENSION ASSET (LIABILITY) 02-1081 DEFERRED OUTFLOW-PENSION CONTR 02-1082 DEFERRED OUTELON-PENSION INV E 02-1083 L.E.D.C. PRISON TOWER REC. TOTAL ASSETS LIABILITIES 02-2010 DUE TO LAMESA EDC 02-2013 02-2025 REVENUE RECOVERY LIABILITY 02-2026 REVENUE RECOVERY FEES 02-2027 UNDEPOSITED METER DEPOSIT 02-2028 WATER DEPOSITS 02-2029 T.M.R.S. PAYABLE 02-2030 F.I.C.A. PAYABLE 02-2031 VOUCHERS PAYABLE 02-2032 BONDS PAYABLE-PRISON 02-2033 CONTRIBUTED BY DEVELOPERS 02-2034 CONTRIBUTED BY U.S. GOV'T 02-2035 RES.RETIRE.OF BONDS INT 02-2036 EARNED SURPLUS INVESTED 02-2037 EARNED SURPLUS UNAPPROPR. 02-2038 INT. ON B.F. INVESTMENT 02-2039 TRANS. FOR RET. OF BONDS 02-2040 OPERATING TRANSFER 02-2041 BOND INTEREST EXPENSE 02-2042 HANDLING FEES 02-2043 CAPITAL PROJECT EUNDS 02-2045 PROV.COMPENSAIED ABSENCES 02-2046 DUE TO/FROM GENERAL FUND 02-2047 DUE TO SOLID WASTE 02-2048 DUE TO RISK MGT & SAFETY 02-2049 1992 C.0. DEBT NON CURRENT 02-2050 NOTE PAYABLE- 2006 TAX NOTES 02-2051 NOTE PAYABLE-CAT FINANCE 02-2052 LEASE AABIF-MAICDOFCINENT 02-2053 NOTES PAYABLE-WSB (NONCURREN). 02-2054 BONDS PAYABLE - USDA 02-2055 CONTRIBUTED CAPITAL-TCDP 02-2056 CONTRIBUTED CAPITAL-TDCJ 02-2057 DUE TO G/F LAND PURCHASE 02-2058 DUE TO SWMF - LAND PURCHASE  CITY OF LAMESA BALANCE SHEET AS OF: AUGUST 31ST, 2024  PAGE: 2  BALANCE 28,346.06 0.00 0.00 0.00 0.00 B,071,595.05 459,140.00 21,530.00 0.00 0.00 26.910.928.67  26,910,928.67  0.00 0.00 236.77) 3,654.45 0.00 295,799.00 0.00 0.00 0.00 0.00 255,845.00 236,875.39 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 440,420.21 28,259.53 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 864,400.00 133,567.10 0.00 75,000.00    9-12-2024 03:49 PM 02 -WATER & WASTEWATER ENTER, ACCOUNT # ACCOUNT DESCRIPTION 02-2059 DUE TO CAP. PROJ.-LAND PURCHAS 02-2060 AFLAC PRE-TAX 02-2061 DUE TO/FROM GOLF COURSE FUND 02-2070 GROUP INS. PRE-TAX 02-2085 AFLAC PRE-TAX 02-2090 AFLAC POST TAX 02-2094 ACCRUED INTEREST PAYABLE 02-2095 VISION INS. PAYABLE 02-2097 2023 TAX NOTE (VAC-TRUCK) 02-2160 ACCRUED PAYROLL LIABILITY 02-2900 CURRENT PORTION 91 C.0.'S 02-2901 CURRENT PORTION USDA 02-2902 CURRENT PORTION-2006 TAN 02-2903 CURRENT PORTION-CAT FINANCE 02-2904 LEASE PAYABLE-AAIG (CURRENT) 02-2905 NOTES PAYABLE-WSB (CURRENT) 02-2906 NOTES PAYABLE-SOUTH PLAINS COM 02-2907 2023 TAX NOTE (VAC -TRUCK) 02-2909 TAX NOTE 2013 - ST 02-2910 TAX NOTE 2013 L-T 02-2911 CURRENT PORTION COMP ABSE 02-2912 TAX NOTE 2013-A L-T 02-2913 TAX NOTE 2013A - S-T 02-2914 TAX NOTE 2014 L-T 02-2915 TAX NOTE 2014 S-T 02-2916 TAX NOTE 2019 - IT 02-2920 DEFERRED REV-LIFTSTATION PROJ. 02-2925 CONJ. USE SERIES 2011-NONCURRE 02-2926 CONJ USE SERIES 2011-CURRENT 02-2927 REFUNDING 2010 NON CURRENT 02-2928 REFUNDING SERIES 2010-CURRENT 02-2929 RECLAMATION 2010 NON CURRENT 02-2930 RECLAMATION 2010 - CURRENT 02-2931 GROUNDWATER 2009-NON CURRENT 02-2932 GROUNDWATER 2009 - CURRENT 02-2933 GROUNDWATER 2008 NONCURRENT 02-2934 GROUNDWATER 2009 CURRENT 02-2935 GROUNDWATER 2005-NONCURRENT 02-2936 GROUNDWATER 2005 - CURRENT 02-2937 GROUNDWATER 2012-NONCURRENT 02-2938 GROUNDWATER 2012-CURRENT 02-2939 2014 BOND (2005) ST 02-2940 2014 BOND (2005) LT 02-2941 2014 PREMIUM (2005) 02-2942 2014 BOND (2006) ST 02-2943 2014 BOND (2006) LT 02-2944 2014 PREMIUM (2006) 02-2945 2017 BACKHOE LOADER LT 02-2946 2017 BACKHOE LOADER ST 02-2947 CHEVROLET SILVERADO CL 02-2948 2022 TAX NOTES (9842)  CITY OF LAMESA BALANCE SHEET AS_OF: AUGUST 31ST, 2024  PAGE: 3  BALANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.42 0.00 10,522.41 0.00 0.00 0.00 0.00 0.00 0.00 0.00 277,048.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 840,091.33 0.00 0.00 0.00 0.00 0.00 163,751.84 0.00 0.00 0.00 0.00 0.00 412,790.36 0.00 0.00 0.00 0.00 0.00 303,380.36 47,115.00 0.00 0.00 0.00 1,061,850.12    9-12-2024 03:49 PM 02 -WATER & WASTEWATER ENTER. ACCOUNT # ACCOUNT DESCRIPTION 02-2949 2021 CO'S (USDA) 02-2950 DEFERRED OUTFLOW-PENSION 02-2951 DEFERRED INFLOWS LEASES 02-2999 PROFIT 6 LOSS TOTAL LIABILITIES EQUITY 02-3001 FUND BALANCE 02-3002 RESERVE-UTILITY SYSTEM IMPROV 02-3010 C.0. INTEREST 02-3012 TAN INTEREST TOTAL BEGINNING EQUITY TOTAL REVENUE TOTAL EXPENSES  CITY OF LAMESA BALANCE SHEET ASOF: AUGUST 31ST, 2024  PAGE:  BALANCE 6,910,000.00 220,471.00 49,897.10 0.00 12.630.502.35  14,268,780.07 0.00 0.00 0.00 14,268,780.07 3,702,278.35 3.690.632.10 11,646.25  TOTAL REVENUE OVER/ (UNDER) EXPENSES TOTAL EQUITY & REV. OVER/(UNDER) EXP. TOTAL LIABILITIES, EQUITY 6 REV.OVER/(UNDER) EXP.  14.280.426.32  26,910,928.67    9-12-2024 03:49 PM 03 -SOLID WASTE ENTERPRISE ACCOUNT # ACCOUNT DESCRIPTION ASSETS 03-1001 CASH IN BANK 03-1002 CASH IN BANK DEBT SERVICE 03-1003 CASH IN BANK CAPITAL RESERVE 03-1004 DUE FROM GENERAL FUND 03-1005 DUE FROM WASTEWATER 03-10059 UNBILLED REVENUE REÇEIVABLE 03-1006 DUE FROM WWE- LAND PURCHASE 03-1007 DUE FROM INVESTWENTS-DEBT SERV 03-1008 DUE FROM INV.-CAPITAL RESERVE 03-1009 DUE FROM TEX-STAR POOL 03-1010 UNAMORTIZED TAN ISSUE COSTS 03-1011 GARBAGE CHG. RECEIVABLE 03-1012 UNCOLLECTIBLE GARB.CHGS. 03-1013 GRANT PROCEEDS RECEIVABLE 03-1014 LAND 03-1015 BUILDINGS 03-1016 ESCROW ACCOUNT 03-1019 AUTOMOTIVE 6 MISC.EQUIP. 03-1020 DUE FROM INVESTMENT FUND 03-1021 CAPITAL EQUIPMENT RESERVE 03-1022 POST CLOSURE RESERVE 03-1023 ENVIROMENTAL OPER CENTER RES 03-1024 RESERVE FOR TAN IGS 03-1025 TREASURY BILLS (LANDFILL CO'S) 03-1026 LANDFILL - CD'S (LNB) 03-1027 05 TAN ISSUANCE COSTS 03-1028 ACCUM. AMORI-ISSUANCE COSTS 03-1030 CIP - NEW LANDFILL CELL #4 03-1035 CIP ONCOR SEWER LINE PROJECT 03-1050 ACCUMULATED DEPRECIATION 03-1080 NET PENSION ASSET (LIABILITY) 03-1081 DEFERRED OUTFLOW-PENSION CONTR 03-1082 DEFERRED OUTFLOW-PENSION INV  CITY OF LAMESA BALANCE SHEET AS_OE: AUGUST 31ST, 2024  PAGE: 1  BALANCE 1,756,529.48 0.00 0.00 0.00 0.00 154,878.31 75,000.00 0.00 129,720.42 406,076.79 0.00 148,832.96 52,562.57) 0.00 143,957.00 2,432,912.61 393,825.94 6,927,191.98 0.00 375,461.36 678,811.90 0.00 0.00 243,817.50 0.00 0.00 0.00 1,762,980.05 273,072.00 7,912,371.77) 342,880.00 16,021.00 0.00  8.297.034.96  TOTAL ASSETS LIABILITIES 03-2013  8,297,034.96  03-2010 DUE TO/FROM GENERAL FUND 03-2018 CO'S PAYABLE (LANDFILL) 03-2020 DUE TO/FROM WASTE WATER 03-2021 POSTCLOSURE RESERVE 03-2022 DUE TO RISK MGT & SAFETY 03-2030 CONTRIBUTED CAPITAL SCALE 03-2040 TAN INTEREST EXPENSE 03-2041 BOND INTEREST EXPENSE 03-2042 LOSS ON EQUIPMENT  0.00 0.00 2,750,000.00 0.00 0.00 0.00 41,191.00 0.00 0.00 0.00    9-12-2024 03:49 PM 03 -SOLID WASTE ENTERPRISE ACCOUNT # ACCOUNT DESCRIPTION 03-2044 CUR.PROV FOR COMP.ABSENCE 03-2045 PROV-COMPENSATED ABSENCE 03-2049 1992 C.0. DEBT NON-CURRENT 03-2050 N/P - CATEPILLAR (DOZER) 03-2051 EST.LIAB.LANDPILL CLOSURE 03-2052 OUTSOURCE LEASE-MAD VAC S-T 03-2053 CATEPILLAR LEASE - S-T 03-2054 2005 TAX NOTE -CURRENT PORTION 03-2055 N/P CATERPILLAR (BULLDOZER) 03-2056 TAN IGS INTEREST 03-2060 AFLAC PRE-TAX 03-2065 N/P KSB GARBAGE TRUCK 03-2070 GROUP INS. PRE-TAX 03-2085 AFLAC PRE-TAX 03-2090 AFLAC POST TAX 03-2094 ACCRUED INTEREST EXPENSE 03-2095 VISION INS. PAYABLE 03-2096 N/P-CATERPILLAR 930H - LT 03-2097 N/P CATERPILLAR 930H ST 03-2098 N/P CATERPILLAR (BACKHOE) ST 03-2160 ACCRUED PAYROLL LIABILITY 03-2165 N/P MACK TRUCK w/ SIDELOAD -LT 03-2166 N/P MACK TRUCK w/ SIDELOAD -ST 03-2901 CURRENT PORTION 92 C.O.'S 03-2902 CURRENT PORTION-1997 TAN 03-2903 OUTSOURCE LEASE- MAD VAC L-T 03-2904 CATEPILLAR LEASE L-T 03-2905 2005 TAX NOTE (LT) 03-2906 03-2907 LT CATERPILLAR LOADER 2015 03-2908 ST-CATERPILLAR BULL DOZER 2015 03-2909 LT-CATERPILLAR BULL DOZER 2015 03-2910 TAX NOTE 2012 - LT 03-2911 TAX NOTE 2012 - ST 03-2912 2016 MACK DUMP TRUCK LT 03-2913 2016 MACK DUMP TRUCK ST 03-2914 TAX NOTE COMPACTOR 2019 - IT 03-2915 CHEVROLET SILVERADO CL 03-2916 CHEVY SILVERADO LEASE -ST 03-2917 SKID STEER CL 03-2918 SKID STEER LEASE - ST 03-2919 MOTOR GRADER CL 03-2920 MOTOR GRADER LEASE - ST 03-2921 COMPACTOR 2020 - L-T 03-2922 COMPAÇTOR 2020 - S-T 03-2924 TAX NOT 19 SCRAPER 2019 S-T 03-2925 2022 TAX NOTES (9842) 03-2950 DEFERRED INFLOW-PENSION TOTAL LIABILITIES  CITY OF LAMESA BALANCE SHEET AS OF: AUGUST 31ST, 2024  PAGE: 2  BALANCE 0.00 20,484.26 0.00 0.00 703,013.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,326.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 307,829.00 0.00 0.00 0.00 0.00 124,619.81 0.00 511,012.02 0.00 0.00 371,426.36 170.588.00  LOADER 2015  5,005.490.23    9-12-2024 03:49 PM 03 -SOLID WASTE ENTERPRISE ACCOUNT # ACCOUNT EQUITY 03-3001 FUND BALANCE 03-3002 INVESTMENT IN PROPERTY 03-3003 UNRESERVED FUND BALANCE 03-3004 POSTCLOSURE RESERVE 03-3005 RESERVE ENVIROMENTAL OPER CNTR 03-3010 C.0. INTEREST 03-3012 TAN INTEREST TOTAL BEGINNING EQUITY TOTAL REVENUE TOTAL EXPENSES  CITY OF LAMESA BALANCE SHEET AS OF: AUGUST 31ST, 2024  PAGE: 3  BALANÇE 2,819,349.63 0.00 0.00 107,228.18 0.00 0.00 0.00 2,926,577.81 2,407,407.64 2.042.440.72 364,966.92  TOTAL REVENUE OVER/(UNDER) EXPENSES TOTAL EQUITY & REV. OVER/(UNDER) EXP. TOTAL LIABILITIES, EQUITY 6F REV.OVER/ (UNDER) EXP.  3.291.544.73  8,297,034.96    9-12-2024 03:49 PM 20 -WASTEWATER FUND ACCOUNT # ACCOUNT DESCRIPTION ASSETS 20-1001 CASH  CITY OF LAMESA BALANCE SHEET AS OF: AUGUST 31ST, 2024  PAGE: 1  BALANCE 1,888,731.05 119,637.86 21,767.76) 406,076.78 81,472.88 1,208,905.62 95,540.50 0.00 36,000.00 675,308.60 318,767.60 118,983.00 5,269.00 0.00 73.425.12  20-10059 UNBILLED REVENUE RECEIVABLE 20-1006 ALLOWANCE FOR BAD DEBTS 20-1009 DUE FROM TEX-STAR POOL 20-1010 SEWER CHARGES RECEIVABLE 20-1020 DUE FROM INVESTMENT FUND 20-1021 LAND 20-1022 BUILDINGS & STRUCTURE 20-1025 SEWER PLANT/LIFT STATIONS 20-1035 CIP - LIFTSTATION 20-1040 AUTOMOTIVE 6 MISC. EQUIP. 20-1080 NET PENSION ASSET (LIABILITY) 20-1081 DEFERRED OUTFLOW PENSION CONTR 20-1082 DEFERRED OUTFLOW PENSION INV. 20-1980 DEFERRED OUTFLOW/2019 REF BOND  5.006.350.25  TOTAL ASSETS LIABILITIES  5,006,350.25  20-2010 DUE TO GENERAL FUND 20-2020 DUE FROM WASTEWATER FUND 20-2044 COMP. ABSENCES CURRENT 20-2045 COMP. ABSENCES LONG TERM 20-2050 2022 TAX NOTES (9842) 20-2052 2023 TAX NOTE VAC TRUCK 20-2054 BOND PAYABLE - USDA 20-2055 DEFERRED REVENUE/ONCOR PROJ. 20-2094 ACCRUED INT. LONG TRM DEBT 20-2160 ACCRUED PAYROLL LIABILITY 20-2901 CURRENT PORTION USDA 20-2916 TAX NT 2019 LIFT STATION - L-T 20-2917 TAX NT 19 LIFT STATTION S-T 20-2918 2019 REEUNDING BONDS 20-2950 DEFERRED INFLOW- PENSION 20-2980 BOND ISSUANCE PREM,2019 REF BO TOTAL LIABILITIES EQUITY 20-3001 FUND BALANCE TOTAL BEGINNING EQUITY TOTAL REVENUE TOTAL EXPENSES  0.00 0.00 0.00 13,884.56 36,029.76 277,048.50 0.00 1,558,346.00 43,496.00 2,039.19 0.00 549,436.00 0.00 3,725,000.00 52,377.00 307.926.00 1.436,280.95) 1,436,280.95) 1,122,803.93 1.245.755.74 122,951.81)  6.565.583.01  TOTAL REVENUE OVER/ (UNDER) EXPENSES TOTAL EQUITY & REV. OVER/(UNDER) EXP. TOTAL LIABILITIES, EQUITY &1 REV.OVER/UNDER) EXP.  1.559.232.76)  5,006,350.25    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM: 11  SUBJECT: SUBMITTED BY:  CITY MANAGER REPORT City Manager  SUMMARY STATEMENT  COUNCIL ACTION  No City Council action required.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM:12  SUBJECT: SUBMITTED BY:  WORKSHOP - LAMESA PARKS AND DRAINAGE UTILITY  City Manager  SUMMARY STATEMENT  City Council to meet with city staff to discuss the creation of Municipal Parks and Drainage Utility Ordinance, to serve a public purpose within the scope of the local  governments body's authority. (City Manager & Parks Director)  COUNCIL ACTION  No City Council action required.    Lamesa Municipal Parks and Drainage Utility ARTICLE ICREATION OF UTILITY  5 15.01.01 Definitions.  Terms defined herein are specific tot this Chapter and shall not be construed as conflicting with similar terms in other parts of the Municipal Code. Terms not otherwise defined herein shall be given the definitions contained in the Texas As used int this article, the following words and phrases shall have the meaningsrespectively, ascribed tot them:  Local Government Code, Chapter 552, Subchapter C. A. Board. The park board oft the city. B. Deface. Damage. the park superintendent. recreation and picnicking. H. (1998 Code, sec. 76.001)  Litter. To throw papers and/or other debris on the surface oft the park in areas other than those designated by E. Parks or city parks. All areas under the supervision of the city park board used by the general public for  D. Livestock. Cattle, horses, mules, goats and sheep.  F. Park: superintendent. The park superintendent oft the city. G. Picnic areas. The area set apart by the park board to be used by picnickers.  (A) The Act means the Texas Local Government Code, Chapter 552, Subchapter C, as may be amended. (B) Benefitted Property means an improved lot or parcel to which drainage utility service is made available (D) Commercial property means any benefitted property other than Residential Property and includes, buti is not limited to, commercial, industrial, institutional, government, multi-family, mobile home park, and (E) Cost ofs service means the costs for Drainage System service to a Benefitted Property, which shall bet the  under this Chapter.  (C) City Manager means the City of Lamesa's City Manager or a designee thereof.  religious organization land uses.  total of:  (1) Prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights-of- way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities usedi in draining the benefitted property; (2) Prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (3) Prorated cost of architectural, engineering, legal and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, (4) Prorated cost of all machinery, equipment, furniture, andi facilities necessary or incident to the (5) Prorated cost ofi funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property; (6) Prorated cost of debt service and reserve requirements of structures, equipment, andi facilities provided by revenue bonds or other drainage revenue-pledge securities or obligations issued  equipment, and facilities used in draining the benefitted property; provision and operation of draining the benefitted property;  by the City; and  (7) Administrative costs of operating and maintaining a drainage utility system. (F) Drainage means the system of public works owned or controlled in whole or in part by the Cityand including, but not limited to, bridges, catch basins, channels, conduits, creeks, culverts, curbs and  Page 1 of15    gutters, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, streets, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the  water into natural or artificial watercourses. See also Drainage System.  (G) Drainage charge means:  (1) The levy imposed to recover the cost ofs service to the Cityi in providing drainage for any (2) An amount made in contribution to funding of future drainage system construction by the city. (H) Drainage system means the system of public works owned or controlled in whole ori in part by the City and dedicated to the service of Drainage, including anyf future additions, extensions, andi improvements (1) Drainage utility means a drainage service that is regularly provided by the City through City property dedicated toi that service to the users of benefitted property within the service area and that is based on:  benefitted property; and  thereto and replacement thereof.  (1) An established. schedule of charges;  (2) The use oft the police power to implement the service; and  (3) Nondiscriminatory, reasonable, and equitable terms as declared under the Act. (J) Equivalent residential unit ("ERU") means the unit ofr measure used to calculate the drainage charge for residential and commercial property, and iti is based on the average impervious area for single-family residential property within the City determined as an arithmetic mean of the total impervious area of all single family residential property, or of a statistically significant sample of all single family residential property, as represented by the area of the footprint of each building on a Residential Property within the City limits in U.S. square feet either reported by MCAD or as measured on the City's GIS Database. (K) Facilities means the property, either real, personal, or mixed, that is used in providing drainage, and (L) Finance Director means the Director of the City of Lamesa's Finance Department ora designee thereof. (M)GIS database means the geographic information systems database that is assembled, managed and (N) Impervious area means as surface which has become compacted or covered with a layer of material sO that it is highly resistant toi infiltration by water and includes, but is not limited to, caliche and gravel surfaces subject to motorized vehicular traffic, walkways, buildings, parking lots, pavement, and ingress/egress driveways. Impervious area does not include sidewalks located int the public right-of-way. For purposes of this definition, a walkwayi is a pedestrian path in the interior of an improved lot or parcel (0) Improved lot or parcel means a lot or parcel that has a structure, as that term is defined in Section 15-1- 2 of the Municipal Code, or otheri improvement on it that creates an impervious area. (P) DCAD means the Dawson County Appraisal District database of lot sizes and building square footages. (Q) Parcel means one or more lots or portions of lots that are contiguous and under single ownership. (R) Residential property means any benefitted property containing not more than one single-family home, (S) Service Area means the municipal boundaries of the City andi includes all real property within the city (T) User means an owner or occupant of al benefitted property or a person or entity who is responsible for paying for water, sewer, or garbage collection services provided byt the City at a benefitted property. (U) Wholly sufficient and privately owned drainage system means drainage from an Improved Lot or Parcel which does not discharge into any natural or manmade waterway or drainage infrastructure including  The ERU for the City is 2,002 square feet. included int the drainage system. disseminated by the city.  that is not located in the public right-of-way.  duplex, triplex, quadplex, condominium, or manufactured home. limits oft the City as now existing and all which may be annexed hereafter.  Page 2of15    public streets, storm drains, culverts, drainage easements, or storm water ponds that are part of the  drainage system.  $15.02.01 Establishment of drainage utility; service area; exemptions; dedication of assets.  (A) The provisions of Texas Local Government Code, Chapter 552, Subchapter Ca are hereby adopted to create al Parks and Drainage Utility for the City of Lamesa. Accordingly, Drainage of the City of Lamesa is hereby declared to be a public (B) The service area for the drainage utility shall include all real property within the city limits of the City of Lamesa as (C) Pursuant to Texas Local Government Code! Sections 552.053 and 580.003, the following property and entities shall be (1) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2) Property' held and maintained ini its natural state, until such time that the property is developed and all of the (3) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued byt the (4) Property owned by a religious organization that is exempt from taxation pursuant to Texas Tax Code Section  utility.  now existing and all which may be annexed hereafter. exempt from the provisions oft this Chapter:  publici infrastructure constructed has been accepted by the City for maintenance;  City; 15.20; (5) The State of Texas; (6)Acounty; (7)Am municipality; (8) A school district; (9) A state agency; and  (10) A public or private institution of higher education.  (D) The Cityi incorporates into the Drainage Utility all existing property, facilities, materials, and supplies constituting the City's Drainage System on the effective date oft this Article. All future acquisitions by the City ofr real or personal property  used in the City'sdrainage system shall be maintained as part of the drainage utility. $15.03.01 No effect on land owner obligations under City ordinances; no waiver of immunity.  (A) The establishment of the drainage utility by the City does not relieve private land owners, developers, other individuals, and entities from responsibility for providing drainage improvements in connection with land development pursuant to the other ordinances of the City or laws of the State of Texas that relate to stormwater runoff, drainage (B) The establishment of the drainage utility does noti imply or warrant that a benefitted property will bei free from flooding, stormwater pollution, or stream erosion. The city makes no representation that all drainage problems willl be remedied. This ordinance does not create additional duties on the part of the City or create new liability or remedies for any flooding, stream erosion, deterioration of water quality, or other damages. Nothing in this ordinance shall be deemed to waive the City'simmunity under law or reduce the need or necessity fori flood insurance.  management, or drainage improvements.  515.03.02 Other laws.  Page 3 of15    This Chapter isi intended to be read in harmony with Chapter 13, "Utilities", and all other provisions oft the Municipal Code. To the extent this Chapter conflicts with any other Chapter in Municipal Code, the provisions shall be harmonized when possible; however, this Chapter shall control and supersede any other provision regarding the drainage utility.  515.04t through S 15.10 (Reserved)  15.11.01 Penalty.  Any person or persons violating any provision of this article shall be guilty ofa a misdemeanor and upon conviction shall be assessed at fine not to exceed two hundred dollars ($200.00). Each day that any person or persons occupy the campgrounds described int this article after the limits of stay as provided in this article shall be deemed a separate  violation of this article. (1998 Code, sec. 76.049) $15.12.01  Opening and closing hours for park areas, ball parks and tennis courts. the hours of 6:00 a.m. and 12 o'clock midnight each day oft the week.  (a) Opening and closing hours. All park areas, ballparks and tennis courts in the city shall be open for public use between (b) Penalty. Entry upon the premises of any park area, ballpark, or tennis court by any person at any hour other than those prescribed above shall constitute a misdemeanor and any person who is found in any park area, ballpark or tennis court after 12 o'clock midnight and before 6:00 a.m. the following morning shall be guilty ofar misdemeanor, and upon conviction thereof in the municipal court shall be subject to ai fine not to exceed two hundred dollars ($200.00). (1) Bona fide users of the travel trailer park located within Forrest Park for overnight camping within the designated (2) Special events within any park area, ball park, or tennis court authorized by the city manager upon recommendation  (c) Exclusions. The provisions of this section do not apply to the following:  camping area.  by the park board for which a special permit has been issued by the city manager. (3) Continuous travel upon designated streets through any park. (1998 Code, sec. 76.002; Ordinance 0-17-17 adopted 9/29/17)  $15.12.02 Prohibited actsi in parks.  It shall be unlawful for any person to commit any of thet following acts within the parks of the city:  (1) To allow livestock to graze in the city parks. (2) To play golfi in or adjacent to picnic areas in parks. or celebration approved by the mayor of the city. (4) To play ball in picnic areas. (5) To litter the park.  (3) To ride horses or other livestock in the parks, except in roadways and bridle paths or as a part of an organized festival  Page 4 of15    (6) To deface trees or property situated inj parks. (7)1 To display a gun or gunsi in parks. (8) To possess intoxicating liquors ofa any kind.  (9) To operate a motor vehicle at a speed in excess of twenty (20) miles per hour, except on Houston Avenue. (10) To drive or operate any motor-propelled vehicle within any city park except upon designated roads and parking  areas.  (1998 Code, sec. 76.003)  515.12.03 Use of public recreation buildings fori financial gain.  The use of any public recreation building by any person, club or organization for financial gain is prohibited.  (1998 Code, sec. 76.004) S: 15.13.01 Park fees.  (a) Fees for use of the Weaver Sports Complex.  (1) Per league per season (Cal Ripken Baseball League and Lamesa Girls Fast Pitch Association): $350.00. (2) Pers season for city traveling teams (includes usage of2 2 days a week (Wednesday evening and Friday evening) for  2.5 hours per day, lighting not included): $350.00.  (3) Out-of-town teams: (A) Refundable deposit: $500.00. (B) Per field per day: $100.00. (b) Fees for the use of city swimming pool. (1) Child fee: $2.00 per day. (2) Adult fee: $3.00 per day. (3) Splash pass child (15 visits):$20.00. (4) Splash pass adult (15 visits): $30.00.  (5) Rental of pool: $300.00 per pool party (4-hour maximum). Pool rental includes 2 lifeguards per pool party at 25 people per lifeguard. Parties will bel held to maximum of 175 people. Lifeguard fees will increase based on the  number of people at $12.25 per hour per lifeguard.  (c) Fees for use of the adult softball field.  (1)L League play.  (A) Fee for usage: $350.00 per season per league. Must pay in full before use.  (B) Refundable deposit: $275.00 per season per league. Refundable deposit can be retained by city for damage to the facility, fences, equipment and/or for prohibited conduct (i.e. fighting, etc.)as determined by the city  manager.  Page 5 of15    (C) Fee to prep the field for a tournament (1x only per tournament): $50.00. Teams responsible for up keep of  fields for other games during tournament.  (2) Tournament play.  (A) Nonprofit entity.  (i) Per day feet for use of the field: $150.00, plus refundable deposit of $275.00. Refundable deposit can be retained by cityf for damage to the facility, fences, equipment and/or for prohibited conduct (i.e. (i) Cost to prep the field for at tournament (1x): $50.00. Teams responsible for up keep for other games in  fighting, etc.) as determined by the city manager.  tournament. (B) Private tournament.  (i) Per day fee for use oft the field: $150.00, plus refundable deposit of $275.00. Refundable deposit can be retained by city for damage to the facility, fences, equipment and/or for prohibited conduct (i.e. (ii) Cost to prep the field for at tournament (1x): $50.00. Teams responsible for up keep for other games in  fighting, etc.) as determined by the city manager.  tournament.  (3)N Nonprofits, churches, taxing entities and benefit events. Refundable deposit: $25.00, rental: $25.00. the right not to refund deposits ift the facility is found to be not clean at the end of the rental.  Refundable deposits willl be returned within 7 daysi if thet facility was found clean at the end oft the rental. The city retains  (d) Fees for park rentals and deposits. (1) Forrest Park Community Center. (A) Small room (34'x60').  (i) Holds 88 people. 101 tables/8 chairs per table and 2 head tables with 4 chairs each. (i) Refundable deposit: $150.00, 4-hour rental: $150.00, all day rental: $300.00.  (B) Large room (46'x60').  (i) Holds:150-175 people. 20 tables/8 chairs per table and 2 head tables with 4 chairs each. (i) Refundable deposit: $200.00, 4-hour rental: $200.00, all day rental: $400.00.  (C) Entire building (80'x x60').  (i) Capacity: 313. Holds 252 people. 301 tables/8 chairs per table and 3 head tables with 4 chairs per table.  (ii) Refundable deposit: $350.00, 4-hour rental: $350.00, all day rental: $700.00. (D) Kitchen. Refundable deposit: $100.00, 4-hour rental: $100.00, all day rental: $200.00.  (E) Nonprofits, churches, taxing entities and benefit events. Refundable deposit: $100.00, 4 hour rental: $100.00, (F) Additional information. On rentals, the customer has 1 hour to set up before the event starts. Each additional hour needed for1 the rental is $50.00 per hour for the building and $25.00 hour for the kitchen. There isa $10.00  all day rental: $200.00.  per hour per employee fee to set up any additional tables.  Page 6 of15    (2) Pioneer Park building.  (A) Refundable deposit: $50.00, all dayr rental: $100.00. 151 tables/4chairs per table. Seats 60. No alcohol/no (B) Nonprofits, churches, taxing entities and benefit events: Refundable deposit: $25.00, all day rental: $25.00.  dancing  (3) City court yard "park on square". Dances allowed/no alcohol.  (A) Private weddings, parties, festivals, etc. Refundable deposit: $50.00, all day rental: $150.00. Includes (B) Dances, events. Refundable deposit: $100.00, all day rental: $300.00. Includes one porta-toilet unit. (C) Nonprofits, churches, taxing entities and benefit events. Refundable deposit: $25.00, all day rental:  one porta-toilet unit.  $25.00.  (4)City plaza. Dances allowed/no alcohol.  (A) Private weddings, parties, festivals, etc. Refundable deposit: $75.00, all day rental: $125.00. Includes one (B) Dances, events. Refundable deposit: $75.00, all day rental: $300.00. Includes one Porta-toilet unit. (C) Nonprofits, churches, taxing entities and benefit events. Refundable deposit: $25.00, all day rental: $25.00. (A) Private weddings, parties, festivals, etc. Refundable deposit: $75.00, all day rental: $125.00. Includes one (B) Nonprofits, churches, taxing entities and benefit events. Refundable deposit: $25.00, all day rental: $25.00. Refundable deposits willl be returned within 7 days if the facility was found clean at the end of the rental. The city retains (6) RV parking. Guests may stay four (4) nights free of charge per month. Whether consecutive or not, after fourth (4th)  porta-toilet unit.  (5) Boys & Girls Club pavilion rental. No dances allowed/no alcohol.  porta-toilet unit.  the right not to refund deposits if the facility is found to be not clean at the end oft the rental. night $20.00 charge per night. Must be at tourist. Cannot exceed more than 10 consecutive days.  (7)Porta-toilets.  (A) Deposit: $50.00, rental: 50.00, per single unit per rental.  (B) Nonprofits, churches, taxing entities and benefit events: Refundable deposit: $25.00, rental: $25.00 per single  unit per rental. (8) Dumpsters. (A) Rental $25.00  (B) Non-profits, churches, taxing entities and benefit events: rental: $25.00.  15.14.01 Created.  There is hereby created in and for the city a board which shall be known as the park board oft the city.  (1998 Code, sec. 76.021) 15.14.02 Membership.  Page 7 of15    (a) Composition. The park! board [shall] be composed of at least five (5) but no more than seven (7) members with each member appointed to serve a term determined by the city council, not to exceed five (5) years. (b) Term ofr members. The term of office fore each member shall bei for at term of five (5) years.  (c) Staggered terms. The terms of the members shall be so arranged that only one (1) member shall be reappointed (d) Qualifications of members. No person shall be appointed to the board who is not a citizen of the United States  orr replaced eachy year. and a resident oft the city. (1998 Code, sec. 76.022) 15.14.03 Officers.  (e) Compensation of members. The members of the board shall serve without compensation.  The park board shall elect one (1) ofi its members president, one (1)vice-president: and one (1) secretary, who may or may not be a member oft the board. The officers shall hold office for one (1) year and until their successors are elected  and qualified. (1998 Code, sec. 76.023) 15.14.04 Removal of members.  (a) Generally. The members of the board shall be subject to removal from office by the city council for any cause (b) Right to hearing. Each member of the board shall be entitled to ten (10) days' notice of intention to remove. If demanded within ten (10) days after receipt of such notice, a public hearing shall be granted to the memberso  deemed by the council sufficient for their removal in thei interest of the public.  affected before the city council and upon charges publicly made.  (1998 Code, sec. 76.024) 15.14.05 Vacancies.  Any vacancy in the membership of the park board shall bet filled by the city council fort the unexpired term of the  member whose place has become vacant. (1998 Code, sec. 76.025) 15.14.06 Powers and duties.  (a) Advisory functions. The park board shall function as an advisory board only and int this capacity shall advise the city council from time to time concerning the management, maintenance and beautification of the public parks and public buildings surrounding all city-owned buildings, now owned or controlled or that may hereafter be acquired by (b) Power to receive donations. The park board shall have power for and on behalf of the city to receive donations, legacies or bequests for the improvement or maintenance of the public parks of the city, or for the acquirement of new parks, and all such moneys derived from such donations, legacies or bequests shall be deposited in the city treasury to the credit oft the public park fund, and the same may be drawn therefrom and paid out only in the manner provided for the payment of moneys legally appropriated for the acquirement, support and improvement of  the city, either within or without the corporate limits of the city.  the public parks of the city. (1998 Code, sec. 76.026)  Page 8 of15    15.14.07 Meetings. performance ofi its duties. (1998 Code, sec. 76.027)  The park board shall meet as deemed necessary and shall establish rules and regulations fori its government and for the  15.14.08 Reports and recommendations.  Its shall be the duty of the park board to make such recommendations to the city council as they may deem advisable, for  thei improvement and betterment of public parks and community improvement.  (1998 Code, sec. 76.028)  15.15.01 Golf Membership fees and dues. See table below  (Ordinance 0-08-15 adopted 4/21/15; Ordinance 0-3-19 adopted 4/16/19)  15.15.02 No waiver of fees or dues.  Its shall be unlawful for any person to play golf at the city's municipal golf course without paying the above applicable fees  and dues. 15.16.01  (Ordinance 0-08-15 adopted 4/21/15) Division 2 Municipal Golf Board (1998 Code, sec. 78.001) 15.16.02 Membership.  Created. There is hereby created in and for the city a board which shall be known as the municipal golf board of the city.  (a) Composition. The municipal golf board shall be composed of seven (7) members appointed by the city council. (b) Term of members. The term of office for each member shall bet for a term of four (4) years unless sooner removed (c) Staggered terms. The terms ofi the members shall be sO arranged that only 2 members shall be reappointed or replaced each year. However, there willl be one year where three board members will need to be reappointed or (d) Qualifications of members. No person shall be appointed to the board who is not a member oft the municipal golf  The city manager will serve as ex-officio. by action of the city council.  replaced.  course, must not be delinquent in membership dues and must live in the county. (e) Compensation ofr members. The members oft the board shall serve without compensation.  (1998 Code, sec. 78.002) 15.16.03 Officers.  The municipal golf board shall elect one (1) of its members president, one (1) vice-president and one (1) secretary. The  officers shall hold office for one (1) year and until their successors are elected and qualified.  (1998 Code, sec. 78.003)  Page 9of15    15.16.04 Removal of members.  Removal by city council. The members of the board shall be subject to removal from office by the city council at any time  at the will of the city council, no matter whether with or without cause.  (1998 Code, sec. 78.004) 15.16.05 Vacancies.  Any vacancy in the membership oft the municipal golf board shall be filled by the city council for the unexpired term of  the member whose place has become vacant.  (1998 Code, sec. 78.005) 15.16.06 Powers and duties.  (a). Advisory functions. The municipal golf board shall function as an advisory board only and int this capacity shall advise the city council from time to time concerning the management, maintenance and beautification of the golf (b) Power to receive donations. The municipal golf board shall have power for and on behalf of the city to receive donations, legacies or bequests for the improvement or maintenance of the golf course of the city, and all such moneys derived from: such donations, legacies or bequests shall be deposited int the city treasury to the credit of the municipal golf course enterprise fund, and the same may be drawn therefrom and paid out only in the manner provided for the payment of moneys legallya appropriated for the acquirement, support and improvement of the  course.  municipal golf course of the city. (1998 Code, sec. 78.006) 15.16.07 Meetings.  The municipal golf board shall meet as deemed necessary and shall establish rules and regulations for its government  and for the performance of its duties. (1998 Code, sec. 78.007) 15.16.08 Reports and recommendations.  Its shall be the duty of the municipal golf course board to make such recommendations to the city council as they may deem advisable, for thei improvement and betterment of the municipal golf course and community improvement.  ARTICLE II ADMINISTRATION OF PARKS AND DRAINAGE UTILITY  515.17.01 Parks and Drainage utility fund.  As separate fund known as the municipal parks and drainage utility fund is hereby created for the purpose of segregating, identifying, and controlling all revenues and expenses attributable to the drainage utility. All drainage charges shall be deposited as collected and received into thist fund and shall be used exclusively for cost of service. Such revenues may be used fort the operation, planning, engineering, inspection, construction, repair, maintenance, improvement, reconstruction, administration, debt issuance cost and debt service, and other reasonable and customary expenses associated with the operation of a utility system. It shall not be necessary that the expenditures from the drainage utility fund for any authorized purpose specifically relate to or benefit any particular benefitted property from which the  revenues were collected. 515.17.01. Administration.  Page 10 of15    The Parks and Drainage Director shall be responsible for the administration of the parks and drainage utility, including, but not limited to, enacting any procedures necessary for the administration of the drainage charge, consideration of requests for adjustment of drainage charges, development andi implementation of maintenance and facilities improvement programs, state andi federal regulatory compliance, and establishing drainage criteria and standards for the drainage system. The Parks and Drainage Director shall keep an accurate record of all benefitted properties and facilities  of the parks and drainage utility. S 15.18.01 Drainage charge.  (A) A drainage charge is hereby imposed upon each benefitted property within the service area. The first drainage charge shall be billed after October 1, 2018. Like drainage charges shall be billed on a monthly basis thereafter for the duration (B) For purposes of imposing the drainage charge, a benefitted propertyi is classified as either a residential property ora (C)Ar residential property shall be assigned an ERU value for the purpose of establishing the monthly drainage charge as (1). A Tier 1 residential property has an impervious area, as represented by the area of the footprint of each building on the residential property, less than or equal to 1500: square feet and is assigned a value of 0.60 ERU. (2) A Tier 2 residential property has an impervious area, as represented by the area of the footprint of each building on the residential property,greater than 1500 square feet and not greater than 2500: square feet andi is assigned a (3) A Tier 3 residential property has an impervious area, as represented by the area of the footprint of each building (D)A A commercial property shall be assigned an' ERU value for the purpose of establishing the monthly drainage charge as (1)ATier1 commercial property has an impervious areal less than or equal to 7500: square feet and is assigned a (2) ATier 2 commercial property has an impervious area greater than 7500 square feet and not greater than 15000 (3) A Tier 3 commercial property has an impervious area greater than 15000 square feet and not greater than 25000 (4) A Tier 4 commercial property has an impervious area greater than 25000 square feet and not greater than 50000 (5) A1 Tier 5 commercial property has an impervious area greater than 50000 square feet and not greater than (6) AT Tier 6 commercial property has an impervious area greater than 100000 square feet and is assigned a value of  of the drainage utility until September 30, 2028.  commercial property. follows:  value of1.00 ERU.  on the residential property, greater than 2500: square feet and is assigned a value of1.70ERU.  follows:  value of3 ERU.  square feet and is assigned a value of 6 ERU. square feet and is assigned a value of 12 ERU. square feet and is assigned a value of 20 ERU. 100000: square feet and is assigned a value of 50 ERU.  100 ERU.  (E) AI monthly billing rate is hereby established. See Fee Table below  (F) The monthly drainage charge for al benefitted property shall be calculated by multiplying the benefitted property's  ERU value by the monthly billing rate.  Page 11 of15    (G) The Parks and Drainage Director shall be responsible for determining the impervious area of each' benefitted property based on reliable data including, but not limited to, MCAD data, GIS database data, aerial photography, information received by the City through the building permit process, or other reliable means for determining impervious area. The Parks and Drainage Director may request additional information from the property owner, tenant, manager or developer to make the determination. The Parks and Drainage Director may revise the amount of a drainage charge based on a (H) No drainage charge credit shall be given for the installation of drainage facilities required by the Municipal Code or  change to the impervious area.  state law.  515.18.02 Billing; payments; penalties.  (A) Al bill or statement for1 the City's other public utility charges under Chapter 3-1 of the Lamesa Municipal Code associated with al benefitted property shall include the drainage charge which shall be identified separately on the bill or statement as a' "Drainage Charge."E Each drainage charge on such bill or statement shall be for the previous month's (B) Each public utility account in the service area: shall be presumed to serve one or more users ofal benefitted property, and the drainage charge therefor shall be assessed to the person responsible for payment of the utility account. (C) The drainage charge identified in al bill or statement is due and shall be paid as prescribed for water, sewer, and (D) Except as otherwise provided in this Chapter, Drainage Charges are subject to the billing procedures, termination procedures, penalties, disconnection, reconnection, hearings, and other rules of Chapter 3-1 oft the Municipal Code. (E)Adrainage charges due hereunder which is not paid when due will subject users of the benefitted property to discontinuance of all utility services provided by the city and may be recovered in an action at law or in equity by the city  service.  garbage collection charges in Chapter: 13 of the Lamesa Municipal Code.  including fixture ofa a lien against the property, as allowed byl law. $15.19.01 Requests for adjustment; appeals. (Id don't like this Language)jh  (A) Requests for adjustment of a drainage charge must be submitted to the Parks and Drainage Director. A user may (1) The user reasonably believes that the drainage charge schedule, as applied to the user's benefitted property, does not fairly reflect the cost of service to the user's benefitted property or is otherwise not in accordance with (2) The user disputes the ERU value assigned to the user's benefitted property used to calculate the drainage charge;  request an adjustment if:  applicable state law;  or  (3) The user's drainage charge has been assessed in error.  (B) Thet following rules and procedures shall apply to all requests for adjustment ofa a drainage charge:  (1) The user shall have the burden of proof. detail the grounds upon which relief is sought.  (2)A user who requests an adjustment of a drainage charge shall make the request in writing and shall seti forth in (3)Arequest for an adjustment willl be reviewed by the Parks and Drainage Director within 30 days from the date of  receipt of the request.  Page 12 of15    (4) A User requesting an adjustment may be required to provide, at the user's expense, supplemental information to the Parks and Drainage Director, including, but not limited to, survey data certified bya a Texas registered professional land surveyor (R.P.L.S.), or other documentation ofi impervious area. Failure to provide requested information may (5) The Parks and Drainage Director will provide to the user a written notice of the Parks and Drainage Director's decision concerning the request for adjustment within ten business days following the Parks and Drainage Director's review of the request for adjustment or within ten business days following the Parks and Drainage Director's receipt (C) Ift the Parks and Drainage Director approves a request for an adjustment, the adjustment to the drainage charge will be made. Such an adjustment shall be prospective, but the Parks and Drainage Director may make the adjustment retroactive for no greater time period than three monthly billings prior to the receipt of the request. (D) If the Parks and Drainage Director denies a request for an adjustment, or if the user otherwise disagrees with the Parks and Drainage Director's decision, the user may submit to the City Manager, within ten days following the date of the User's receipt oft the notice of the Parks and Drainage Director's decision, a written notice of appeal. A written notice ofa appeal must contain a succinct and clear statement of the user's argument and requested remedy. Following the City Manager's receipt of a user's notice of appeal, the City Manager shall convene a panel consisting of the City Manager, the Finance Director, and the mayor to review the appeal. The panel will, within 151 business days following the City Manager's receipt oft the notice of appeal, review the appeal. Ifa member of the panel is unavailable to review the appeal during the review period, the unavailable member may designate an individual to temporarily take his or her place on the panel for the purpose of reviewing the appeal. The panel will provide to the user a written notice oft the (E) Ift the panel affirms the decision of the Parks and Drainage Director, ori if the User otherwise disagrees with the panel's decision, the user may submit to the City Secretary, within five business days following the date of the user's receipt of the notice of the panel's decision, a written notice of appeal to the city council. A written notice of appeal to the city council must contain a succinct and clear statement of the user's argument and requested remedy. Within 60 days following the date of the City Secretary's receipt oft the notice of appeal to the City Council, the City Council shall hold a (F)A user who submits a request for adjustment shall continue to pay the drainage charge ini the amount that appears on the user's public utility bill or statement unless the Parks and Drainage Director, the panel, or the City Council, as provided herein, decides that the drainage charge should be adjusted, in which case the user shall pay the drainage charge as adjusted. If the drainage charge as adjusted is less than the drainage charge paid during the pendency of the request for adjustment and appeals, the City will refund to the user, or apply as a credit to the user's public utility account, the difference between the drainage charge paid during the pendency of the request for adjustment and (G) A user who has received a written notice of the Parks and Drainage Director's decision concerning a request for adjustment oft the drainage charge for al benefitted property, regardless of whether the user appealed the Parks and Drainage Director's decision, is not entitled to a receive a review ofa a subsequent request for adjustment of the drainage charge fori the same benefitted property unless the user submits with the subsequent request an affidavit sworn to and signed by the user that contains a statement of facts indicating that ar material change occurred after the date on which the previous request for adjustment was submitted. For purposes oft this subsection, a material change is: (1)Areduction of the benefitted propert/simpervious area in an amount sufficient to reduce the benefitted  result int the denial oft the adjustment request.  of any additional information submitted in accordance with this Section, whichever is later.  panel's decision concerning within ten business days following the panel's review of the appeal.  hearing to consider the appeal. The City Council's decision shall bet final.  appeals and the drainage charge as adjusted.  property'sa assigned ERU value;  Page 13 of15    (2)Achange to the status oft the benefitted property or the user such that thel benefitted property or the useri is (3) An increase in the drainage charge for the benefitted property ift the user reasonably' believes that the drainage charge schedule, as applied to the benefitted property, does noti fairly reflect the cost ofs service to the benefitted Ift the user properly submits as subsequent request for adjustment and an affidavit as described in this Subsection, the procedures of this Section concerning the review of a request for adjustment and appeals shall govern the  exempt from the provisions oft this Chapter; or  property or is otherwise not in accordance with applicable state law.  subsequent request for adjustment. $15.19.01 Offense; criminal penalty.  (A) A users shall not use the drainage system for benefitted property owned or occupied by the user unless the user or (B) Iti is an exception to the application of this Section that the benefitted property or the useri is exempted under this (C) Evidence of a culpable mental state is not required to prove a criminal offense under this Section. Iti is hereby declared that, for all offenses under this Section, the culpable mental state required by Section 6.02 of the Texas Penal (D) A person who violates this Section shall be guilty of a misdemeanor and fined in a sum not to exceed $500.00. A person commits a separate and distinct offense for each day during which a violation of this Section is committed, (E) The criminal penalty in this Section shall bei in addition to any other remedies that the City may have under City  another user has paid ini full each monthly drainage charge for the benefitted property.  Chapter.  Code is specifically negated and clearly dispensed with.  permitted, or continued. ordinance or state law. Fee Table Monthly Charges $0.75 Sizes Monthly Annual TotalLots $115,515.00  Drainage Calculations Residential lotf footage Total 1 1.5 ERUEquvalen residenlialunt 3 6 1 2 3 Tier 1 2 $0.45 $0.75 $1.13 $2.25 $4.50 $5.40 $9.00 $13.50 3,400 300 500 665 265 125  Commercial Site footage 12 3 $9.00 100  SQFT ERUEA.vaenirsdenta) 0.6 Tier uNvt 4,200  1,500 2,500 larger SQFT 7,500 15,000 25,000  50,000 100,000 Larger 20 50 100 4 5 6 $15.00 $37,50 $75.00 100 50 25  $27.00 $54.00 $108.00 $180.00 $450.00 $900.00  ResFund $18,360.00 $2,700,00 $6,750.00 CommFund $7,155,00 $6,750.00 $10,800.00 $18,000.00 $22,500,00 $22,500,00  Page 14 of15    Golf Membershipi fees and dues  (a) Membership dues: (b)T The following available: utilities): (d) Cartt trailf fee: (e) Greenf fees:  Member  Monthly  $95.00 10% 10% $10.00 $20.00 $150.00 $300.00 $20.00 $25.00 $5.00 $10.00 $15.00 $7.50  (1) discount onr membershipduesi ifa active orr retiredr militaryp personnel orifp personi is over 65years ofa age; (2)discount onr membership duesf forr members payingo one year ofc duesi ina advance, provided noc otherc discountis  membership discounts are applicable. Ifa any other discount ont ther membership duesi is applicable, ana additional! 5% discounti isa available for  members paying oney year of duesi ina advance. (2) Nonmember: Monthly (1) Member: (2) Nonmember: Yearly Monday- Friday Daily Weekend / Holidayl Daily (1)Member: Upto1 18holes Over 18holes /9holes (A)Smallr room (34'x6 60'). Holds 88p people. (B)large room (46'x60). Holds 150-175p people. Holds 252 peopie.  (c) Cart shedr rental (includes (1) Member:  Monthly Yearly Daily  (3) Golf scramblet fee: (2) Nonmember: Daily  (4) Cartr rental:  Parks Fees 4-hour rental: alic dayr rental: 4-hour rental: allo day rental: 4-hourr rental:  Refundable Deposit $150.00 10tables/8chairs pert table and: 2head tables with4 4chairs Refundable deposit: $200.00, 20tables/8chairs; pert table: and: 2headt tables with 4chairs  $150.00 each. $300.00 $200.00 each. $400.00 $350.00 pertable. $700.00  (C)E Entire building (80'x60). Refundable deposit: $350.00 30tables/8chairs) pert table and 3headt tableswith4chairs (E) Nonprofits, churches, taxinge entities and! benefite events. Refundable deposit: $100.00, 4hourrental: $100.00, allo day rental: (F)A Additional information. Onr rentals, the customer has 1hourt tos set up! before the events starts. Each additional hour neededi fort the rentali is $50.00perh hour fort the! buildinga and $25.00hourf fort thek kitchen." Therei isa a$10.00per hour pere employeet feet tos set up any  (1) Forrest Park Community Center,  (i) Refundable deposit:S all day rental:  (D)K Kitchen. Refundable deposit: $100.00, 4-hourr rental: $100.00, all dayrental: $200.00.  $200.00. additional tables.  Refundable deposit: all dayr rental: all day rental:  $50.00 15tables/4chairs pert table. Seats 60. No alcohol/no dancing $25.00 15tables/4chairs pertable. Seats 60. No alcohol/no dancing  $100.00 $25.00 $150.00 $300.00 $25.00 $125.00 $300.00 $25.00 $125.00 $25.00 $25.00  (2) Pioneer Park! building. (B) Nonprofits, churches, taxing Refundable deposit: (3) City courty yard" "park on (B) Dances, events. Refundable Refundable deposit:  entities and! benefite events: all day rental: (A) Private weddings, parties, Refundable deposit: festivals, etc. deposit: $100.00, all day rental: all day rental: (C) Nonprofits, churches, taxing Refundable deposit: entities and benefite events. allo day rental: (A)P Private weddings, parties, Refundable deposit: (B) Dances, events. Refundable Refundable deposit: (C) Nonprofits, churches, taxing Refundable deposit: entities and benefit events. allo dayr rental: (A) Private weddings, parties, Refundable deposit: entities and benefit events. all day rental: not tor refund deposits if the facilityi isf foundt to ber not clean att thee end oft the rental. Guests may stayf four (4) nights Whether after (4th) free of charge perr month. consecutive night $20.00 days. (B) Nonprofits, churches, taxing Refundable deposit: entities and benefite event pers Single Unit  $50.00 Includes one porta-t toilet unit. $100.00 Includes porta-toilet $25.00 includes onep porta-toilet unit. $75.00 Includes one porta-toilet unit. $75.00 Includes one porta-toilet unit. $25.00 Includes onep porta-toilet unit. $75.00 Includes onep porta-toiletunit. Includes onep porta-toiletunit.  square". Dances allowed/no alcohol.  onep  unit.  festivals, etc. deposit: festivals, etc.  allo day rental: all day rental: all day rental:  (4)0 City plaza. Dances allowed/no alcohol.  (5)E Boys & Girls Clubp pavilion (B) Nonprofits, churches, taxing Refundable deposit:  rental. No dances allowed/no alcohol. (6)F RV parking 7Porta-toilets. (8) Dumpsters.  Refundable deposits will ber returned within7daysi ifthef facility wasf found clean att thee end oft the rental. The city retains the right  Must be atourist. Cannote exceedr moret than 10consecutive  Refundable deposit: all day rental:  $50.00 $25.00  unitp  Private rental  $50.00 pers single perrental $25.00 per single unit perrental  Page 15 of15    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM: 13  SUBJECT: SUBMITTED BY:  MAYOR'S REPORT Mayor  SUMMARY STATEMENT COUNCIL ACTION  Mayor to report on future events. No City Council action required.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: SEPTEMBER 17, 2024  AGENDA ITEM:14  ADJOURNMENT: Announcement by the Mayor "The next regularly scheduled meetings of the City Council of the City of Lamesa will be October 15, 2024, at 5:30  P.M."