GUNAERI ST. 105 N 4h, P. O. Box 349 Gunter, TX 75058-0349 (903) 433-5185 Fax (903) 433-8039 AGENDA Special Meeting Gunter Municipal Development District Thursday, June 19,2025 5:00 p.m. Pursuant to Chapter 551 of the Texas Government Code, notice is hereby given of a Meeting ofthe Gunter Municipal Development District ofthe City of Gunter, Texas to be held on the above date and time, Gunter City Hall, 105 North 4th Street Gunter, Texas 75058 at which time the following will be discussed and considered: Pursuant to Section 551.127, Texas Government Code, one or more. Board Member may attend this meeting remotely using videoconferencing technology. The video and audio feed of the videoconferencing equipment can be viewed and heard by the public at the address posted above as the location of the meeting. CALL TO ORDER OF GMDD [Presiding Officer will call the meeting to order, establish a quorum if present, and declare notices legally posted pursuant to the Open Meetings Act. During the course of the meeting, members ofthe audience wishing to speak must be recognized by the Presiding Officer.] INVOCATION AND PLEDGE OF ALLEGIANCE CITIZEN COMMENTS [GMDD invites citizens to speak to the Board on any topic not already scheduledfor public hearing. The time limit is three minutes per speaker.) 1. CONSENT AGENDA [Routine Board Business, the Consent Agena is approved by a single majority vote. Items may be removed for open discussion by a request from a Board Member.] a. Consider approval of Minutes from May 15, 2025, MDD Special Meeting. b. Consider approval of MDD Financials for May 2025. BOARD BUSINESS = SPECIAL SESSION [As authorized by Section 551.071 of the Texas Government Code, the General Session may be convened into Closed. Executive Sessionfor the purpose ofseeking confidential legal advice from the attorney on any. Agenda item listed herein, as needed.) 2. Discuss, consider and act upon a presentation by the engineering firm ofTeague, Nall and Perkins. 3. Discuss, consider and act upon the financial statements for May 2025. 4. Discuss, consider, and act upon the USDA accounts Page 1 5. Discuss, consider, and act upon the proposed FY2025-2026 budget for the GMDD. 6. Discuss, consider, and act upon a Resolution moving the GMDD Regular Meeting to the Second Tuesday of Every Month at 5:00 p.m. 7. Discuss, consider, and act upon a potential lease for an office space. 8. Discussion regarding Monument updates from Micah West. 9. Discussion regarding Website, logo, and materials from Paul Valker. 10. Discussion regarding proactive outreach plan and strategy. 11. Discussion regarding Lot purchase update and status from Adam Adams. 12. Suggested future agenda items. ADJOURN I, the undersigned authority, do hereby certify that the above Notice of a Meeting of the Gunter Municipal Development District of the City of Gunter, Texas isa true and correct copy of said Notice and that I posted a true and correct copy of said Notice in thel Notice Board ofthe City Hall ofs said Gunter, Texas, aj place convenient tot the public, and said Notice was posted on June 16, 2025, before 5:00 p.m. and remained SO posted continuously for at least seventy-two hours immediately preceding the date of the meeting 41 Detra Gaines, City Secretary Ifduring the course ofthe meeting covered by this notice, the Board should determine that a closed or executive meeting or: session ofthe Board or a consultation with the attorneyf for the Board. should be held or is required, then such closed ore executive meeting or session orconsultation with attorney as authorized by the Texas Open Meetings. Act, Texas Government Codes 551.001 et. seq., will be held by the. Board at the date, hour and place given in this notice as the Board may conveniently meetin. such closed or executive meeting or: session orconsult with the attorneyfort the GEDC concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Code.s Section: $551.071 -Private consultation with the attorneyfort the Board $ 51072Dhcusingpurchune exchange, lease or value ofreal property. S 551.074-Discussing personnel or hearing complaints against personnel. Page 2 E CTYL OR GMDD MEETING GUNGERI June 19, 2025 EST. 1901 5:00 PM AGENDA ITEM #1 CONSENT AGENDAI [Routine Board Business, the Consent Agena is approved by a single majority vote. Items may be removed for open discussion by a request from a Board Member.] a. Consider approval of Minutes from May 15, 2025, MDD Special Meeting. b. Consider approval of MDD Financials for May 2025. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Paul Valker, President Don Anderson, Treasurer FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments a GUNNEE EST. 105 N 4th, P. O. Box 349 Gunter, TX 75058-0349 (903) 433-5185 Fax (903) 433-8039 MINUTES Special Meeting Gunter Municipal Development District Thursday, May 15, 2025 5:00 p.m. Meeting Opened. At 5:07 Members Present: President Paul Valker, Jessica Dunn, Joshua Long, Christina Zielinski, Micah West Members. Absent: Don. Anderson Staff Present: Director of Planning & Development Eric Wilhite Pursuant to Chapter 551 of the Texas Government Code, notice is hereby given of a Meeting ofthe Gunter Municipal Development District oft the City of Gunter, Texas to be held on the above date and time, Gunter City Hall, 105 North 4th Street Gunter, Texas 75058 at which time the following will be discussed and considered: Pursuant to Section 551.127, Texas Government Code, one or more. Board Member may attend this meeting remotely using videoconferencing technology. The video and audio feed of the videoconferencing equipment can be viewed and heard by the public at the address posted above as the location oft the meeting. CALL TO ORDER OF GMDD [Presiding Officer will call the meeting to order, establish a quorum if present, and declare notices legally posted pursuant to the Open Meetings. Act. During the course of the meeting, members oft the audience wishing to speak must be recognized by the Presiding Officer:] INVOCATION AND PLEDGE OF ALLEGIANCE CITIZEN COMMENTS [GMDD invites citizens to speak to the Board on any topic not already scheduledfor) public hearing. The time limit is three minutes per. speaker.7 - No Citizen Comments 1. CONSENT AGENDA [Routine Board Business, the Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a Board Member.] a. Consider approval of Minutes from April 3, 2025, MDD Regular Meeting. b. Consider approval of MDD Financials for. April 2025. Joshua Long made the motion to approve the Consent Agenda as presented. Micah West seconded the motion. Motion passed 4-0 Page 1 BOARD BUSINESS - SPECIAL SESSION [As authorized by Section 551.071 of the Texas Government Code, the General Session may be convened into Closed. Executive Sessionj for the purpose ofseeking confidential legal advice from the attorney 0n any. Agenda item listed herein, as needed.) 2. Discuss, consider and act upon new MDD member candidate, Christina Zielinski. Joshua Long made the motion to appoint Christina Zielinski to the GMDD Place 4. Micah West seconded the motion. Motion passed 4-0 3. Discuss, consider and act upon new MDD logo to submit for approval from the City Council. Paul Valker will make changes to the current version to get approvalfrom Gunter ISD for use. ofthe GT Logo on i. Paul Valker will then send it back out for approval. 4. Discuss, consider, and act upon new signage/monument proposal. Jessica Dunn made a motion to approve $10,000 for an architect design proposal. Joshua Long seconded the motion. Motion passed 5-0 5. Discuss, consider, and act upon potential MDD office space. Micah West made the motion to move this to the June meeting. Christine Zielinski seconded the motion. Motion passed 5-0 6. Discussion with Eric Wilhite regarding an overview of proposed development in Gunter, including detail of the residential, commercial, and retail mixed used projects in the works. 7. Discuss, consider, and act upon new informational marketing material for the MDD. Micah West made the motion to move this to the June meeting. Joshua Long seconded the motion. Motion passed 5-0 8. Discuss, consider, and act upon business incentives that can be offered by the MDD to prospective businesses. None at this time 9. Suggested future agenda items. ADJOURN by Joshua Long and seconded by. Micah West ADJOURNED AT 6:26pm Paul Valker, President GMDD ATTEST: Jessica Dunn, Interim Secretary GMDD Page 2 a CTIYL OF GUNERI EST. 1901 AGENDA ITEM # 2 Discuss, consider, and act upon a presentation by the engineering firm ofTeague, Nall and Perkins. AGENDA ITEM SUMMARY/BACKGROUND The Gunter Municipal Development District had previously agreed to fund the hiring ofa drainage consultant by the City of Gunter for $155,000. The City published a Request for Proposals and the engineering firm ofTeague, Nall and Perkins was selected by a panel consisting of Don Anderson (GMDD Board Member), Eric Wilhite (Planning and Economic Development Director), Adam Adams (Parks and Public Service Director) Jenny Prazak (City Engineer/CobbFendley, and Candyce Ward (Hydrology Engineer/CobbFendley. Teague, Nall and Perkins has presented staff with an operational scope with potentially two phases. Phase I is $151,500 and covers the study as represented by staff that will primarily survey and collect data on existing conditions. The Mayor has already been authorized by City Council to sign the contract for Phase I of this agreement. Phase II is currently unfunded and creates the engineering alternatives to the conclusions derived from the Phase I Study including the final drainage report. Staffi is seeking direction from the GMDD concerning the funding of] Phase II. PRESENTED BY: Eric Wilhite, Director of Planning and Development RECOMMENDATION: N/A FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: Contract options Authorization for Professional Services CITY OF GUNTER MASTER DRAINAGE! STUDY CONTRACT OPTIONS OPTION 1: FULL STUDY $294,500 A. DATAGATHERING A.1 Survey $ 31,000 A.2 Data Collection $ 20,000 A.3 Publicl Involvement $ 31,500 Subtotal $ 82,500 B. GUNTER LAKE/DOWNTOWN CORE AREAS STUDY B.1 Existing Conditions $ 33,500 B.2 Alternative Development $ 42,500 Subtotal $ 76,000 C. HICKORYPLACE AREA STUDY C.1 Existing Conditions $ 35,500 C.2 Alternative Development $ 46,000 Subtotal $ 81,500 D. FINALI DELIVERABLES D.1 Master Drainage Study Report $ 38,000 D.2 Presentations $ 16,500 Subtotal $ 54,500 TOTAL $ 294,500 OPTION 2: EACH AREA SEPARATELY $360,500 GUNTER LAKE/DOWNTOWN AREA ONLY HICKORYI PLACE AREA ONLY A. DATA GATHERING A. DATA GATHERING A.1 Survey $ 15,500 A.1 Survey $ 15,500 A.2 Data Collection $ 13,500 A.2 Data Collection $ 13,500 A.3 Public Involvement $ 31,500 A.3 Public Involvement $ 31,500 Subtotal $ 60,500 Subtotal $ 60,500 B. GUNTER LAKE/DOWNTOWN CORE AREA STUDY C. HICKORY PLACE AREA STUDY B.1 Existing Conditions $ 33,500 C.I Existing Conditions $ 35,500 B.2 Alternative Development $ 42,500 C.2 Alternative Development $ 46,000 Subtotal $ 76,000 Subtotal $ 81,500 D. FINALI DELIVERABLES D. FINALI DELIVERABLES D.1 Master Drainage Study Report $ 24,500 D.1 Master Drainage Study Report $ 24,500 D.2 Presentations $ 16,500 D.2 Presentations $ 16,500 Subtotal $ 41,000 Subtotal $ 41,000 TOTAL $ 177,500 TOTAL $ 183,000 OPTION 3: 2 PHASES - EXISTING CONDITIONS THEN SOLUTIONS $294,500 EXISTING CONDITIONS ALTERNATIVE DEVEOPMENT/FINAL REPORT A. DATAGATHERING B. GUNTERI LAKE/ POMNTOUNCOHANANUDT A.T Survey $ 31,000 B.2 Alternative Development $ 42,500 A.2 Data Collection $ 20,000 Subtotal $ 42,500 A.3 Public Involvement $ 31,500 C. HICKORY PLACE AREAS STUDY Subtotal $ 82,500 C.2 Alternative Development s 46,000 B. GUNTRIAKEIDOWNIOWRE CORE AREA STUDY Subtotal $ 46,000 B.1 Existing Conditions $ 33,500 D. FINAL DELIVERABLES Subtotal $ 33,500 D.1 Master Drainage Study Report $ 38,000 C. IGXORYPAGANASTUDI D.2 Presentations $ 16,500 C.1 Existing Conditions $ 35,500 Subtotal $ 54,500 Subtotal $ 35,500 TOTAL $ 143,000 TOTAL $ 151,500 tnp AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: City of Gunter Master Drainage Study TNP PROJECT NUMBER: GUN 25303 CLIENT: City of Gunter Attn: Adam Adams ADDRESS: P.O. Box 349 Gunter, TX 75058 City of Gunter (the CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc., (the CONSULTANT) to perform the following services: Article I SCOPE: Prepare existing conditions models and analysis as Phase 1 of a Master Drainage Study for the Downtown Area. A detailed scope of services is included as Attachment A and is made a part hereto. Article II COMPENSATION to be on the basis of the following: A. The CONSULTANT'S compensation for Basic Services included in Attachment A shall be based on a Fixed Fee of $151,500 which includes expenses such as prints, plots, photocopies, plans or documents on CD, DVD or memory devices, mileage, air fare, and lodging. Payment to the CONSULTANT shall be due in monthly installments based on the CONSULTANT'S estimate of the percentage of the contract completed during the billing period. An overview of the fee elements is as follows: Survey $31,000 Data Gathering $51,500 Gunter Lake/ /Downtown Core Existing Conditions Analysis $33,500 Hickory Place Area Existing Conditions Analysis $35,500 Total $151,500 B. Fees: Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by the CONSULTANT to other entities shall be invoiced at 1.10 times actual cost. C. Additional Services: Any service provided by the CONSULTANT which is not specifically described in the scope of work for this contract as defined above or delineated in an attachment shall be considered additional services. Additional services shall include, but shall not be limited to: Engineering design of construction documents. FEMA floodplain map modifications (CLOMR, LOMA, LOMR, etc). Water and/or sanitary sewer studies or modeling. TCEQ dam permitting or dam breach analyses. Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 1 tnp Preparation of emergency action plans or similar. TWDB water rights permitting. Environmental assessments or permitting. Geotechnical evaluations. Preparation of easement documents, right-of-way documents or abandonment documents. Preparation of cost estimates beyond those quantified herein. Presentations and public meetings not specifically described herein. Coordination with BNSF or TXDOT. Upon written authorization from the CLIENT, the CONSULTANT will perform Additional Services. Payment to the CONSULTANT for Additional Services shall be on a Fixed Fee or Hourly Reimbursable basis: 1. Fixed Fee Compensation for Additional Services: Payment shall be as described above for Basic Services. 2. Hourly Reimbursable Compensation for Additional Services: Payment shall be due in monthly installments based on the amount of hours worked by each employee and the CONSULTANT'S current standard rates presented in Attachment B Standard Rate Schedule. A fee equal to 3% of Additional Service labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by the CONSULTANT. D. Payment Terms: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from invoice date may result in cessation of services until payment is received. E. Sample Invoice: The CONSULTANT'S invoice format will match the sample invoice included in Attachment B-1. Article III SCHEDULE: The proposed services shall begin within 10 working days of authorization to proceed. A project schedule is included as Attachment C and made a part hereto. Article IV CONTRACT PROVISIONS: The document entitled "Contract Provisions" which are attached hereto is made a part hereof. This Authorization of Professional Services, together with the Contract Provisions and all other exhibits attached hereto are collectively referred to as the "Agreement". Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice to proceed. No work shall commence on the project until CONSULTANT receives an executed copy of this contract. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT. Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN: 25303 Date: 6/9/2025 Page 2 A tnp Approved by CLIENT: Accepted by CONSULTANT: City of Gunter Teague Nall and Perkins, Inc. Clal By: Mandy By: Name: Name: Mandy Clark, PE, CFM, AICP Title: Title: Director of Water Resources Date: Date: 6/9/2025 Firm Contact Information: 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817-336-5773 Contact: Mandy Clark TNP Firm Registrations Texas Board of Professional Engineers and Land Surveyors I Engineering Firm No. F-230 I Surveying Firm No. 10011600 I 10194381 I 10011601 Texas Board of Architectural Examiners Firm No. BR 2673 Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN: 25303 Date: 6/9/2025 Page 3 - tnp CONTRACT PROVISIONS 1. AUTHORIZATION TO PROCEED Signing this agreement shall be construed as authorization by CLIENT for CONSULTANT to proceed with the work, unless otherwise provided for in this agreement. 2. DIRECT EXPENSES A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. 3. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, subject to reasonable, timely and substantive objections of CLIENT, an additional amount shall be added to the cost of these services for CONSULTANTs administrative costs, as provided herein. 4. OPINION OF PROBABLE COST In providing opinions of probable cost, the CLIENT understands that CONSULTANTI has no control over costs or the price of labor, equipment, or materials, or over the Contractor's method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional's qualifications and experience. CONSULTANT makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 5. PROFESSIONAL STANDARDS The standard of care for all professional engineering and services performed or furnished by CONSULTANT shall be the care and skill ordinarily used by other members of the relevant profession int the same circumstances and type of work in the State of Texas, and with the same level of professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization as other members oft the same profession int the same circumstances and location. CONSULTANT makes no other warranty, expressed or implied. Subject to the above standards of care, CONSULTANT may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. 6. TERMINATION Either CLIENT or CONSULTANT may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay CONSULTANT in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 7. LEGAL EXPENSES In the event legal action is brought by CLIENT or CONSULTANT against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may bes set by the court. 8. PAYMENT TO CONSULTANT Monthly invoices will be issued by CONSULTANT for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment is not received within 30 days of invoice date, all work on CLIENT's project shall cease and all work products and documents shall be withheld until payment is received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT's failure to render payment within 30 days of invoice date. Interest at the rate of 1%% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 9. ADDITIONAL SERVICES Services not specified as Basic Services in Scope and Attachment A will be provided by CONSULTANT as Additional Services when authorized by the CLIENT. Additional services will be paid for by CLIENT as indicated in Article Il, Compensation. 10. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the fee set forth and will be added on and collected when required by state law. Sales tax at the applicable rate will be indicated on invoice statements. 11. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwardedi to the Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, (512) 440-7723. 12. LANDSCAPE ARCHITECT SERVICES The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. The CLIENT is informed that any complaints about landscape architecture services be forwarded to the Texas Board of Architectural Examiners, Hobby Building: 333 Guadalupe, Suite 2-350, Austin, Texas 78701, Telephone (512) 305-9000, Fax (512) 305-8900. 13. INVALIDITY CLAUSE In case any one or more of the provisions contained int this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. 14. PROJECT SITE SAFETY CONSULTANT has no duty or responsibility for project site safety. 15. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY Means and methods of construction and jobsite safety are the sole responsibility of the contractor. CONSULTANT shall not: (1) at any time supervise, direct, control, or have authority over any contractor's work, or (i) be responsible for construction site safety, the means and methods of construction or Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 4 the safety precautions a selected or used by any contractor. CONSULTANT shall not be responsible acts tnp for any decisions, or omissions of any-tonstructor. 16. OWNER RESPONSIBILITY CLIENT shall be responsible for all requirements and instructions that it furnishes to CONSULTANT pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by CLIENT to CONSULTANT pursuant to1 this Agreement CONSULTANT may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations applicable to the furnished items. CLIENT shall give prompt written notice to CONSULTANT whenever CLIENT observes or otherwise becomes aware of: () any hazardous materials or matters that affect the scope or time of performance of CONSULTANT'S services; or (ii) any defect or nonconformance in CONSULTANT'S services or the contractor's work. 17. SITE VISITS Int the event the Scope of work requires CONSULTANT to make site visits to observe contractor's work on a Project, such visits and observations are not intended to be exhaustive or to extend to every aspect of the Work or toi involve detailed inspections of the work, but rather are to be limited to checking, selective sampling, and similar methods of general observation of the work based on CONSULTANT'S exercise of professional judgment. spot CONSULTANT will have no responsibility for any defects in the work not actually discovered by CONSULTANT during such site visits. 18. CHOICE OF LAW; VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to applicable principles of conflicts ofl law. Each of the parties hereto irrevocably consents to the exclusive jurisdiction of any federal or state court located within Tarrant County, in connection Texas, with any matter based upon, arising out of, or contemplated in this Agreement or the matters. 19. DOCUMENTS A. All documents prepared by CONSULTANT ("Documents") are instruments of service, and CONSULTANT shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the CONSULTANT) whether or not the subject project ("Project") is completed. CLIENT may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Project., and willl have a limited license to use the Documents only on the Project, extensions of the Project, and for related uses, subject to receipt by CONSULTANT of full payment due and owing for all services relating to preparation of the Documents, may not be used unless completed and not for any work or purpose not intended. B. CLIENT and CONSULTANT may transmit, and shall 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 a mutually agreeable protocol. 20. ATTORNEY FEES In the event that any suit or action over the enforcement, interpretation or other matter emanating from this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals. 21. MISCELLANEOUS This Agreement is binding on and will inure to the benefit of each of the parties and their respective successors and legal representatives. Neither party may assign this Agreement in whole or in part without the prior written consent of the other party. There are no third party beneficiaries. Any the provision or part of Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 5 tnp ATTACHMENT A TEMIZED SCOPE OF SERVICES The City of Gunter has requested a Master Drainage Study for two areas in the downtown area of the City Gunter Lake/Downtown Core Area and Hickory Place Area. See Attachment A-1 for a location map and project limits. In order to meet the City's budget needs and ensure efficiency of the efforts, the project will occur in two phases: Phase 1 - Existing Conditions Analysis: This is the effort included in this contract which will involve gathering information, evaluating existing drainage patterns and flooding, and identifying problem areas for mitigation. Phase 2- - Alternative Development: This will be a future phase upon completion on Phase 1 and will involve developing solutions for each problem area and creating a final report and documentation for the City to use in its capital improvement planning. Following is the scope of services for Phase 1: A. DATA GATHERING 1. Survey TNP will provide all office and field work necessary to perform a limited Topographic Survey for the areas to support the modeling needs associated with the Master Drainage Study. The Survey will only identify surface topography (one-foot contours) based on a 25' grid with limited creek detail. 2D planimetric features and improvements, including buildings, structures, pavement, utilities, etc. will not be located or identified. Additionally, the Survey will include type, size and upstream/downsirecm flow line information for approximately 12 culvert/bridge locations. All survey information provided will be referenced to Grid North of the Texas Coordinate System of 1983 North Central Zone No. 4202; NAD83(2011) Epoch 2010) as derived locally from Allterra Central's continuously operating reference stations via real time kinematic survey methods. Elevations will be referenced to NAVD88 datum as derived from RTK observations. Orthometric heights will be calculated by applying the Geoid 12B model to ellipsoid heights. TNP shall perform all surveying services in accordance with the General Rules and Procedures of Practice, and the Professional and Technical Standards established by the Texas Board of Professional Engineers and Land Surveyors. 2. Data Collection a. Available Studies/ /Plans The City will compile all relevant plans, maps, and studies and provide them to TNP. TNP will evaluate the available data and incorporate it as appropriate into the Study b. Site Visits TNP will conduct site visits as needed to support the study. It is anticipated that the following visits will be required: Asset data collection. TNP will evaluate the information provided above and use publicly available data such as Google Earth, Google Street View, LIDAR and other online resources to determine the locations of public and private drainage infrastructure. The Survey task above will also provide data, but the scope does not include full ground survey of all ditches and culverts and it is anticipated that a site visit will be necessary to catalog driveway culverts and confirm sizes and locations of other infrastructure. Existing Conditions Assessment/ /Problem Area Determination. Upon completion of existing conditions tasks, TNP will conduct a site visit to compare modeling results to physical conditions and identify potential problem areas and solutions for incorporation into solution alternative models. Project Feasibility. Once alternatives are identified for problem area locations, TNP will visit each location and evaluate constructability and potential conflicts. 3. Public Involvement a. Questionnaires. TNP will work with the City to determine target stakeholders for questionnaires and develop digital (online, cloud-based) and paper survey forms for completion. TNP anticipates posting the survey on the City of Gunter's website and Facebook page and using any email lists the City has available. TNP will also Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 6 tnp prepare physical handouts for placement at City facilities or distribution at any public events. The Survey will be active for approximately 60 days. If the City wishes to do direct mailings, a separate additional fee will be required based on the number of mailings. a. Summary. TNP will compile the results and prepare a summary for the report. Full results will be provided to the City. b. Publichearing/meeting! at CouncilMeeting. After existing conditions modeling is complete and problem areas are identified, TNP will make a presentation to City Council of the findings and be available for questions from the Council and the public. A public hearing or time for public comment will occur at the Council meeting to allow feedback from the public. Any additional feedback on problem areas will be incorporated into the existing conditions report. This meeting will be the last step in this scope prior to submission of the final existing conditions report. B. GUNTER LAKE/DOWNTOWN CORE AREA EXISTING CONDITIONS EVALUATION The study of the Gunter Lake/Downtown Core Area will consist of evaluation of the floodplain area associated with Gunter Lake and evaluation of ditch and culvert capacity to the north. These areas will be evaluated with the Downtown Master Plan in mind and TNP will look for opportunities to incorporate goals and concepts from the Downtown Master Plan. 1. Hydrology. TNP will develop drainage area maps and perform hydrologic calculations using a combination of SCS Unit Hydrograph Method for the watershed contributing to Gunter Lake and the Rational Method for the roadside ditches and localized flow. Discharges from each area will be determined in accordance with FEMA requirements and the City's design standards 1-, 5-, 10-, 25-, 50-, and 100-year existing conditions events and 100-year fully- developed conditions. 2. Floodplain Hydraulics. TNP will incorporate the calculated discharges into a 1D HEC-RAS model for the limits shown on Attachment A-1. The model will be used to map the floodplain, show current inundation limits and to establish water surface elevations to ensure no adverse impacts related to proposed alternatives. 3. Didh/StreetHiydroulics: TNP will incorporate the calculated discharges into normal depth modeling of the ditches and culverts outside of the floodplain. These calculations will be done using spreadsheets and software appropriate for the specific location. Exhibits will be developed to show hydraulic level of service in these areas. 4. Staff Workshop. A meeting, either on-line or in person, will be held to discuss the findings and acceptable alternative solutions. C. HICKORY PLACE AREA STUDY The Hickory Place Area is comprised of Zone A (unstudied) floodplain through the area and some tributary channels not included in the Zone A floodplain. It also includes roadways with associated ditches and culverts that are undersized. 1. Hydrology. TNP will develop drainage area maps and perform hydrologic calculations using a combination of the SCS Unit Hydrograph Method and the Rational Method. Discharges from each area will be determined in accordance with FEMA requirements and the City's design standards for the 1-, 5-, 10-, 25-, 50-, and 100-year existing conditions events and the 100-year fully-developed conditions. 2. Hloodplain/Channe!l Hydraulics. Area between Preston Road and the Railroad. TNP will incorporate the calculated discharges into a two dimensional (2D) hydraulic model for the Zone A floodplain and associated channels. The model will be used to map the floodplain and show current inundation limits and depths. Areasu upstream of Preston Roadand Downstream ofthe Railroad. TNP will model upstream and downstream channel using HEC-RAS ID to establish existing water surface elevations per limits shown on Attachment A-1. The purpose of Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 7 tnp upstream and downstream evaluation is to establish water surface elevations to ensure no adyerse impacts related to proposed alternatives. 3. Ditch/Street Hydraulics. TNP will incorporate the calculated discharges into normal depth modeling of the ditches and culverts outside of the floodplain. These calculations will be done using spreadsheets and software appropriate for the specific location. Exhibits will be developed to show hydraulic level of service in these areas. 4. Staff Workshop. A meeting, either on-line or in person, will be held to discuss the findings and acceptable alternative solutions. D. FINAL DELIVERABLES Existing Conditions Report An existing conditions report will be provided to the City that includes: Executive Summary Summary of data collection Catalog of physical data collected Citizen Questionnaire Results Stakeholder Work Session Results Existing Conditions Summaries Problem area locations and how locations were determined Summary of results Appendices with model output, detailed questionnaire results, public involyement notes and other items Digital files transmitted through file sharing Upon completion of the scope above, a detailed proposal will be developed for evaluation of the identified problem areas and development of solution alternatives. Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 8 tnp ATTACHMENT A-1 LOCATION MAP AND LIMITS EXHIBIT 1 Rational Method Analysis Upstream Limits of Hickory Place Hydraulic Model GER - Gunter Lake AUIRTED 2D Area Downstream Limits of - - - Hydraulic Model City Limits Texas Railroads Streams OGA Hickory Place Parcels CEDA B LEGE FEMA Flood Zones - Zone S A (Unstudied) 1 ACLE Upstream Limits of A Hydraulic Model AR & E EE b - a e 6 ANEIa - ALE a DtE EA Gunter Lake /Downtown Core Upstream Limits of Hydraulic Model Downstream Limits of Hydraulic Model SAARA Upstream Limits of Hydraulic Model 250 500 Cily of Gunter, Texas tnp City of Gunter Master Drainage Study TNPA GUN 25303 linch = 800 Feet LOCATION MAP GUNEER Dul-s Sovet 1/30/2925 May 2025 Project Name: City of Gunter Master Drainage Study Client: Cityo of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 9 tnp ATTACHMENT B STANDARD RATE SCHEDULE Effective January 1, 2024 * Hourly Billing Engineeringlondscape Architecture/ROW Rate Principal or Director $310.00 Team Leader $285.00 Senior Project Manager $280.00 Project Manager $240.00 Senior Engineer $290.00 Project Engineer $190.00 Senior Structural Engineer $295.00 Structural Engineer $210.00 Engineer III/IV $170.00 Engineer I/II $145.00 Senior Landscape Architect/Planner $290.00 Landscape Architect / Planner $210.00 Landscape Designer $150.00 Senior Designer $195.00 Designer $170.00 Senior CAD Technician $165.00 CAD Technician $130.00 IT Technician $190.00 Clerical $90.00 ROW Manager $265.00 Senior ROW Agent $195.00 ROW Agent $155.00 Relocation Agent $195.00 ROW Tech $110.00 Intern $90.00 Surveying Survey Manager $310.00 Registered Professional Land Surveyor (RPLS) $265.00 Field Coordinator $160.00 S.I.T. or Senior Survey Technician $155.00 Survey Technician $140.00 1-Person Field Crew w/Equipment** $170.00 2-Person Field Crew w/Equipment** $200.00 3-Person Field Crew w/Equipment* $225.00 4-Person Field Crew w/Equipment** $245.00 Flagger $65.00 Abstractor (Property Deed Research) $105.00 Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNPI Project #: GUN: 25303 Date: 6/9/2025 Page 10 - tnp Small Unmanned Aerial Systems (SUAS) Equipment & Crew $475.00 Terrestrial Scanning Equipment & Crew $290.00 Hourly Billing Utility Management, Utility Coordination, and SUE Rate Senior Utility Coordinator $190.00 Utility Coordinator $170.00 SUE Field Manager $190.00 Sr. Utility Location Specialist $180.00 Utility Location Specialist $135.00 1-Person Designator Crew w/Equipments** $165.00 2-Person Designator Crew w/Equipment*** $220.00 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only 4 hour minimum) $335.00 Core Drill (equipment only - per day) $830.00 SUE QL-A Test Hole (O < 8 ft; cost per each)*** $2,400.00 SUE QL-A Test Hole (> 8 < 15 ft; cost per each)*** $2,900.00 Hourly Billing Construction Management, Construction Engineering and Inspection (CEI) Rate Construction Inspector I/II $120.00 Construction Inspector III $140.00 Senior Construction Inspector $160.00 Construction Manager $235.00 Senior Construction Manager $280.00 Direct Cost Reimbursables A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by TNP. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by TNP to other entities shall be invoiced at 1.10 times actual cost. Notes: All: subcontracted and outsourced. services shall be billed at rafes comparable to TNP's billing rates above or cost times a multiplier of 1.70. Rates shown are for 2024 and are subject to change in subsequent years. ** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. *** Includes crew labor, vehicle costs, and field supplies. Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 11 tnp ATTACHMENT B-1 SAMPLE INVOICE Teague, Nall & Perkins, Inc. 5237 N. Riverside Drive Suite 100 Fort Worth, TX: 76137 817-336-5773 Adam Adams GUN 25303-XX City of Gunter Date P.O. Box 349 Gunter, TX7 75058 City of Gunter Master Drainage Study GUN 25303 Professional services rendered for the month ending June 30,2023 Contract Percent Total Prior Current Description Amount Complete Billed Billed Billed Survey 31,000.00 100.00 31,000.00 23,250.00 7,750.00 Data Collection/Public Involvement 51,500.00 75.00 38,625.00 25,750.00 12,875.00 Gunter Lake/Downtown Core Area Study 33,500.00 60.00 20,100.00 10,050.00 10.050.00 Hickory Place Area Study 35,500.00 25.00 8,375.00 0.00 8,375,00 Total 151,500.00 64.75 98,100.00 59,050.00 39,050.00 Invoice total $39,050.00 Please show project number on all payments of this siatement Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 12 - tnp ATTACHMENT C PROJECT SCHEDULE The CONSULTANT shall endeavor to accomplish the work in accordance with the following schedule: Kickoff/Staff Workshop Within 14 days of NTP/ Contract Execution Survey Within 21 days of Kickoff Existing Conditions Results/Problem Area ID Within 90 days of Kickoff Existing Conditions Report Within 30 days of acceptance of Alternative Solutions All days indicated are calendar days. Project Name: City of Gunter Master Drainage Study Client: City of Gunter TNP Project #: GUN 25303 Date: 6/9/2025 Page 13 a YT - o GMDD MEETING GUNERI June 19, 2025 EST.1 1901 5:00 PM AGENDA ITEM #3 Discuss, consider and act upon the financial statements for May 2025. AGENDA ITEM SUNMARYBACKGROUNP: PRESENTED BY: Paul Valker, President Don Anderson, Treasurer FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E nyON GMDD MEETING GUNGERI June 19, 2025 EST. 1901 5:00 PM AGENDA ITEM #4 Discuss, consider, and act upon the USDA accounts. AGENDA ITEM SUMMARYBACKGROIND: PRESENTED BY: Paul Valker, President Don Anderson, Treasurer FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E nY GMDD MEETING GUNERI June 19, 2025 EST. 1901 5:00 PM AGENDA ITEM #5 Discuss, consider, and act upon the proposed FY2025-2026 budget for the GMDD. AGENDA ITEM SUNMARYBACKGROUNPA PRESENTED BY: Paul Valker, President Don Anderson, Treasurer FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments B nyo GMDD MEETING GUNGERI June 19, 2025 EST. 1901 5:00 PM AGENDA ITEM #6 Discuss, consider, and act upon a Resolution moving the GMDD Regular Meeting to the Second Tuesday ofEvery Month at 5:00 p.m. AGENDA ITEM UNMARYBACKGROUNPA PRESENTED BY: Paul Valker, President FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments GUNTER MUNICIPAL DEVELOPMENT DISTRICT RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE GUNTER MUNICIPAL DEVELOPMENT DISTRICT APPROVING A CHANGE IN THE REGULAR MEETING DATE AND TIME TO THE SECOND TUESDAY OF EACH MONTH AT 5:00 P.M.; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the duly adopted By-laws of the Gunter Municipal Development District ("GMDD"), at Article II, Section 7, provide discretion and authority to the Board of Directors of GMDD to designate the Board's regular meeting dates and times; and WHEREAS, scheduling conflicts necessitate a change in the Board' S regular meeting date and time to the second Tuesday of each month at 5:00 p.m.; and WHEREAS, the GMDD Board of Directors finds that the approving the change in the Board's regular meeting date and time is in the best interest of GMDD and the citizens it serves and should, therefore, be approved; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE GUNTER MUNICIPAL DEVELOPMENT DISTRICT THAT: SECTION 1. The regular meeting date and time of the Board of Directors ofthe Gunter Municipal Development District is hereby set as the second Tuesday of each month at 5:00 p.m. SECTION2. All resolutions ofthe GMDD heretofore adopted which are in conflict with the provisions of this resolution be, and the same are hereby repealed, and all resolutions of the GMDD not in conflict with the provisions hereof shall remain in full force and effect. SECTION 3. Ifany article, paragraph, subdivision, clause or provision of this resolution, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgement or holding shall not affect the validity ofthis Resolution as a whole or any part or provision thereof, as amended hereby, other than the part SO declared to be invalid or unconstitutional. SECTION 4. This resolution shall take effect immediately from and after its passage. DULY PASSED by the Board of Directors ofthe Gunter Municipal Development District on the day of 2025. APPROVED: Paul Valker, President ATTEST: > GEDC Secretary APPROVED AS TO FORM: Victoria Thomas, GMDD General Counsel 4914-1086-3686, V. 2 E nyO GMDD MEETING GUNGERI June 19, 2025 EST.1901 5:00 PM AGENDA ITEM #7 Discuss, consider, and act upon a potential lease for an office space. AGENDA ITEM SUNPMARYBACKGROUNP: PRESENTED BY: Paul Valker, President FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments B YON GMDD MEETING GUNGERI June 19, 2025 EST. 1901 5:00 PM AGENDA ITEM #8 Discussion regarding Monument updates from Micah West. AGENDA ITEM SUMMARYBACKGROINP: PRESENTED BY: Paul Valker, President Micah West FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E CTTYI 13 GMDD MEETING GUNGERI June 19, 2025 EST. 1901 5:00 PM AGENDA ITEM #9 Discussion regarding Website, logo, and materials from Paul Valker. AGENDA ITEM INMARYBACKGROIND PRESENTED BY: Paul Valker, President FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E CTy 0 GMDD MEETING GUNGERI June 19, 2025 EST. 1901 5:00 PM AGENDA ITEM #10 Discussion regarding proactive outreach plan and strategy. AGENDA ITEM SUNMARYBACKGROINP PRESENTED BY: Paul Valker, President FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments E Y OF GMDD MEETING GUNERI June 19, 2025 EST. 1901 5:00 PM AGENDA ITEM #11 Discussion regarding Lot purchase update and status from Adam Adams. AGENDA ITEM SIMMARYBACKGROINP: PRESENTED BY: Paul Valker, President Adam Adams, Director Parks & Public Services FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments L CTTYL O GMDD MEETING GUNGERI June 19, 2025 EST.1901 5:00 PM AGENDA ITEM #12 Suggested future agenda items. AGENDA ITEM SUNMARYBACKGROLNPA PRESENTED BY: Paul Valker, President FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments