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HomeMy WebLinkAbout03-02-20 TC Agenda Packet TOWN OF WESTLAKE TOWN COUNCIL MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 WESTLAKE March 2, 2020 IMMEDIATELY FOLLOWING THE BOARD OF TRUSTEES MEETING Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. Any person desiring to make a public comment must first be recognized by the presiding officer, and sign in at the podium with their name and address. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. S. COUNCIL RECAP / STAFF DIRECTION Regular Session will begin immediately following the Work Session Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) Page 1 of 3 information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on February 03, 2020. 4. CONSIDER RESOLUTION 20-11, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH BENNETT, BENNER, PETTIT, INC. FOR ARCHITECTURAL SERVICES INCLUDING BUILDING DESIGN OPTIONS, SITE DESIGN, SCHEMATIC DESIGN, PRGORAMMING AND CAPITAL CAMPAIGN MARKETING MATERIALS FOR THE SAM & MARGRET LEE ARTS AND SCIENCE CENTER ADDITION, AND AUTHORIZING STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 FOR THE PROJECT. S. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Entrada - Front 44 b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation c. Section 551.071(2)—Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. d. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 Page 2of3 of the Texas Government Code - FM 1938 access for proposed Southlake development. e. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake. 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under"Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 9. COUNCIL RECAP/STAFF DIRECTION 10. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, February 28, 2020, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Todd Wood, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary's Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made to assist you. Page 3 of 3 Town Council Item # 2 - Pledge of Allegiance Texas Pled ge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. " Town Council Item # 3 — Citizen Comments CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Council Item # 4 — Consent Agenda CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on February 3, 2020. Town Council Item # 5 — Council Recap / Staff Direction COUNCIL RECAP / STAFF DIRECTION ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports Town Council on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) Item # 2 — Items of announcements involving imminent threat to public health and Community Interest safety. ✓ Metroport Chamber of Commerce gth Annual Alliance Development Forum (ADF) Luncheon Friday, March 6, 2020; 11:00- 1:00 pm Join hundreds of developers, investors, site selectors, realtors, and other economic development leaders as they network and learn more about this northeast Metroplex fast growing region. This year's topic:Visionary Mobility: The Future of Transportation in our Region. Keynote Speaker:Mike Berry, Hillwood President. For ticket pricing& availability,please visit the Metroport Chamber website. ✓ Westlake Academy CLOSED for Spring Break Monday, March 9- Friday, March 13, 2020 ✓ Planning &Zoning Work Session/Meeting Monday, March 16, 2020* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100-Council Chambers ✓ Westlake Academy Danish&Dialogue with School Leaders Thursday, March 19, 2020; 8:00 am-9:00 am WA Campus-Sam &Margaret Lee Fieldhouse Classroom -Open to all Westlake& WA parents/grandparents:current and for those considering or wanting to learn more about our community's charter school. This month's topic: College Readiness Data&Info Regarding Navigating the College Selection Process-presented by College Counselor Carl Tippen. ✓ Westlake Academy Open Tour for Primary Grades(K-5) Thursday, March 19, 2019; 3:45 pm Main Academy Entrance/Primary Years Office, 2600 J.T. Ottinger Road -Been wondering about Westlake Academy and how your child might reach their highest potential there?If you are a Westlake resident or live within one of our approved secondary boundaries,join us for a tour of our Secondary grades campus this month. (Primary grades tour next month/) Your children are welcome to attend, and we ask they be supervised by their parents during the tour. No need for reservations-just show up between 3:45-4:00 pm on this scheduled day. Questions?Contact Registrar Kim Gardner via email for more info. ✓ Simply Westlake hosts Charity Connection event,along with Timarron's Our Neighborhood Life &the Starpower team Wednesday, March 25, 2020; 11:30 am- 1:30 pm Starpower, 1600 E. Southlake Blvd Join our Simply Westlake team as they in vite Westlake& Timarron residents to this inaugural event as we gather to learn more about volunteer and financial support opportunities, along with needs of our local charities. Each charity will have their own display and representatives will be on hand to visit and answer questions about their organization. For more information, email Connie Vernon-Chase to find out how you can attend&make an impact. ✓ Town Council Work Session/Meeting Monday, March 30, 2020* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100-Council Chambers ✓ Board of Trustees Work Session/Meeting Monday, April 6, 2020* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100-Council Chambers *For meeting agendas and details on WA calendar events or Municipal calendar events,please visit the Westlake Academy website or the Town of Westlake website for further assistance. Town Council Item # 3 — Consent Agenda CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on February 3, 2020. 16�v T H E T 0 W N O F WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING February 3, 2020 PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Greg Goble, and Alesa Belvedere. ABSENT: Michael Barrett and Rick Rennhack. OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Secretary Todd Wood, Assistant to the Town Secretary Tanya Morris, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Information Technology Jason Power, Director of Finance Debbie Piper, Director of Planning and Development Ron Ruthven, and Fire Chief Richard Whitten. Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 5:03 p.m. and moved to item #2 on the Regular Town Council meeting agenda. Town Council Minutes 02/03/20 Page 1 of 4 2. CONSIDER RESOLUTION 20-06, APPOINTING TODD WOOD AS THE TOWN SECRETARY. There was no additional discussion. MOTION: Council Member Langdon made a motion to approve Resolution 20- 06. Council Member Goble seconded the motion. The motion carried by a vote of 3-0. 3. ADJOURNMENT Mayor Wheat recessed into the Board of Trustees Meeting at 5:04 p.m. Work Session 1. CALL TO ORDER Mayor Wheat called the Town Council work session to order at 6:15 p.m. 2. CITIZEN COMMENTS No one addressed the Council. 3. REPORTS: a. Quarterly Financial "Dashboard" report for the quarter ended December 31, 2019. There were no questions regarding this report. Mayor Wheat and Councilmember Langdon commented that the Financial Dashboard report was very well done, and it addressed all important points. 4. COUNCIL RECAP / STAFF DIRECTION None. Regular Session 1. CALL TO ORDER Mayor Wheat reconvened the previously recessed regular session to order at 6:16 p.m. Town Council Minutes 02/03/20 Page 2 of 4 2. CONSIDER RESOLUTION 20-07, AUTHORIZING AN AGREEMENT WITH BENNETT AND REEDY UTILITY LLC. (B&R) FOR THE BASE BID PLUS ALTERNATE 1 FOR $191,320.00 TO PERFORM THE PAVEMENT REPAIRS ON SOLANA BLVD., FROM STATE HIGHWAY 114 FRONTAGE ROAD TO F.M. 1938 AND REJECTING ALL ALTERNATE 2 BIDS, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT AND AUTHORIZING TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. Assistant Town Manager Jarrod Greenwood provided an overview of proposed Resolution 20- 07. Bids that were received included two alternates, which included additional joint sealing work. These alternate bids have been rejected by staff. This portion of the road has been inspected by a road engineer, and there were no signs of faulty work or substandard materials. These repairs were deemed necessary for a variety of reasons that may cause expansion and contraction with concrete roadways. This project would use enhanced concrete, requiring lane closures and communication to our stakeholders. This project would begin approximately in May. Mr. Greenwood also updated the Council that there would be several road projects that would be underway this summer in addition to the FM 1938/Solana Blvd. repairs. The SH 114 service road project and SH 170 project would begin approximately in July or August. Hillwood properties is also continuing to move forward to construct Parish Lane, north of SH 170 into Roanoke. Tarrant County will perform work on Roanoke Road this summer, as it is desirable to perform this work when schools are recessed. MOTION: Council Member Belvedere made a motion to approve Resolution 20- 07. Council Member Goble seconded the motion. The motion carried by a vote of 3-0. 3. EXECUTIVE SESSION Council convened into executive session at 6:30 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Entrada - Front 44 b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation Town Council Minutes 02/03/20 Page 3 of 4 c. Section 551.071(2) Consultation with City Attorney—on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. d. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. 4. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:02 p.m. S. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action was taken. 6. AD30URNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Goble seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 9:03 p.m. APPROVED BY THE TOWN COUNCIL ON FEBRUARY 24, 2020. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Town Council Minutes 02/03/20 Page 4 of 4 Westlake Town Council TYPE OF ACTION r x E T o w n O F WESTLAKE Regular Meeting -Action Item DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, March 02, 2020 Topic: Consider a Resolution authorizing the Town Manager to enter into an agreement with Bennett Benner Partners for architectural services which will include the programming and the building design options, site design, schematic design, programing and capital campaign marketing materials for the Sam &Margret Lee Arts and Science Center addition and authorize Town staff to make funding changes not to exceed$25,000 on this project. STAFF CONTACT: Troy Meyer, Director, Facilities &Public Works Strategic Alignment Westlake Academy Perspective Curriculum Outcome Vision, Value, Mission —ObLective Planned/Responsible Improve the Development Academic Operations PYP/MYP/DP Efficiences of Operational Systems Strategic Initiative Outside the Scope of Identified Strategic Initiatives Town of Westlake OutcomePerspective Strate0c Theme & Results Vision,Value Mission. _Ob'ective High Quality Planning,Design& Informed&Engaged Development-We are a desirable Citizens/Sense of Municipal& well planned,high-quality Encourage Westlake's Community Academic Operations community that is distinguished by Unique Sense of Place exemplary design standards. Strate2ic Initiative Comprehensive Plan Project Review Page 1 of 4 Town of Perspective . Mission High Quality Planning,Design& Informed&Engaged Development-We are a desirable Increase Municipal& Transparency, Citizens/Sense of well planned,high-quality Community Academic Operations community that is distinguished by Accessibility& Communications exemplary design standards.Strate2ic Initiative Educate Stakeholders about our Development and Environmental Goals Timeline- Start Date: March 3, 2020 Completion Date: January 2, 2023 Funding Amount: $75,000.00 Status - ® Funded Source: Contributions/Grants EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In November 2018,the Town Council approved an agreement with Stantec Architect Firm to update the Master Facility Plan for the Westlake Academy campus. In conjunction with the update, staff were also asked to identify any immediate needs on campus and recommend WA capital project(s)that would address these needs. As a result of this process,the need for three additional science labs that will move the current science classrooms out of the portable buildings and into lab space that will provide adequate equipment, gas and water lab stations was identified as an immediate need. Staff are continuing to work with Stantec to complete a plan for the campus Facility Master Plan. On August 13, 2019 the Town Council accepted a$1,000,000.00 donation from an anonymous donor to be used exclusively for the addition to the Sam and Margaret Lee Arts and Science Center located at 2600 J.T. Ottinger Road. These funds may be used for the following expenses only: architect and engineering expenses,construction cost and new equipment exclusively for the Sam&Margaret Lee Arts and Science addition. This donation must also be matched by outside sources and,the matching funds may only be used for the addition to the Sam&Margaret Lee Arts and Sciences Center. Outside sources may include but are not limited to the following: funds raised by Westlake Academy Foundation,private organizations,nonprofit organizations and donations made to the Town of Westlake for the use of the Sam&Margaret Lee Arts and Science Center addition. The donor is willing to match additional funds for outside sources for this project. On January 27,2020 the Town Council approved staff to enter negotiations with Bennett,Benner,Pettit, Inc. for architectural services for the design of the Sam&Margret Lee Arts and Science Center addition. The architectural services will be done in two phases. Phase I will include design programing with stakeholder meetings,documentation to support fundraising by WA affiliates, cost estimates, and renderings. Staff will present phase I documents to the Town council for review. Page 2 of 4 Phase II will not start until the project is 100%cash funded through donations and approved by the Town Council. This phase includes,hiring of a Construction Manager at Risk(CMR)to provide contract management services, complete architectural drawings and construction documents for the project. The estimated cost to add approximately 8,500 sq. ft.,which will include three science labs and one large art room to the Sam&Margaret Lee Arts and Science Center is $6.5M. The fund sources for the project will include WA Capital Project funds that have been provided per economic development agreements by residential developments,Lee donations and matching funds and future donations from the Westlake Academy affiliates. The current balance of the Westlake Academy building fund is$3M. Current WA Building Fund WA Capital Project $2,093,000 Lee Donation $1,000,000 Current Cash $3,093,000 Estimated Future Donations Lee Donation(Matching) $2,000,000 WA Affiliate Donations $1,500,000 Estimated Donations $3,500,000 Total $6,593,000 The proposed agreement includes the following phase I architectural services Programming Building Design: Three Options • 1 Story Arts & Science Center addition • 2 Story Arts & Science Center addition with an additional story to accommodate program currently housed within portable buildings • Addition of a storm shelter located in the basement on option 1 and 2 Site Design • Parking Study • Stone Veneer Study- explore feasibility of adding stone to existing buildings that are not completely clad in stone to blend in with the Westlake Academy vernacular. Schematic Design Capital Campaign Marketing Materials This agreement does not include any fees for Phase II which would include the hiring of a Construction Manager at Risk(CMR)to provide contract management services,complete architectural drawing and construction documentation for the project. Page 3 of 4 FUNDING& COST The cost of this agreement is $70,400.00 plus reimbursable expenses. The estimated budget for this agreement is $75,000.00. The fund source for this agreement is the WA Capital Projects fund which is funded by the economic development agreements by residential developments which has a current balance of$3,093,000. RECOMMENDATION Staff recommends approving an agreement with Bennett Benner Partners for architectural services for the design of the Sam& Margret Lee Arts and Science Center addition and authorizing Town staff to make funding changes not to exceed $25,000 on this project. ATTACHMENTS Resolution Contract Page 4 of 4 New wN!`_ NNN�� NNNNN N � NNNNNNN ►. f Fir- lrllllh_ •a illr•.�ar�l� � � —MOM alll�wAR�+�as�� �!$75�� �k V I j c� • r:- , _. ., � ...I,` .rj'�''.•-.;:rid ADD T ON TO THE SAM & MARGRET LEE ARTS & SC ENCE CENTER AT WESTLAKE A ADEMY Proposal for Professional Design Services - Schematic Design BEMETF BEMEP Addition to the Sam i Margret Lee Arts i Science Center AcademyWestlake INTERIORSWestlake, Texas ARCHITECTURE+ 11 West 7th Street, - 1400 1 FortWorth, - 1 817.33S.4991 BEfMETT■ BEMIER PARTNERS Michael J.Bennett AIA ARCHITECTURE+INTERIORS+PLANNING Principal Chief Executive Officer 19 February 2020 Mr.Troy Meyer Director of Facilities and Public Works Town of Westlake 1500 Solana Blvd. Building 7 Suite 7200 Westlake,Texas 76262 RE: Proposal for Professional Design Services-Schematic Design Addition to the Sam&Margret Lee Arts&Science Center at Westlake Academy Westlake,Texas Dear Troy, Thank you for giving us the opportunity to submit this proposal for the next stage of work for the new addition. We have enjoyed working with you over the past few months on the project planning and look forward to continuing that relationship. The following attachments include our fee proposal,scope of services, and standard terms and conditions. Again,we are pleased to have the opportunity to submit this proposal to you. If we have misunderstood your requirements,or if you need us to make revisions or clarifications to our proposal, please let us know. If this agreement meets with your approval, please sign and return one executed copy to our office. This letter will then form an interim agreement between us until a final owner-architect agreement can be executed. Thank you for considering Bennett Benner Partners for this work. We look forward to hearing from you. Best Regards, r n�.i loci�. uci n icu ru r� Principal and Chief Executive Officer 500 West 7th Street, Suite 1400 1 Fort Worth,Texas 76102 817.335.4991 I www.bbptx.com ■ 1 1 Project Details =� PROJECT DESCRIPTION The project includes programming, schematic design, cost ft4 - estimating, and marketing package for the addition to the Sam &Margret Lee Arts&Science Center at Westlake Academy.The addition will be between approximately 8,S00-17,000 square feet,and 1 to 2 stories with the possibility of a basement.The 3 main program will consist of a maker space, art room, labs, I prep areas as well as office and storage.The expansion will be connected to the main building through a covered accessible walkway. u - Additionally we will also explore adding a second story to move current program from portable buildings into a permanent y - structure as well as a basement storm shelter. In addition to the new construction,we will study adding parking to the nearby site as well as adding stone to existing buildings that are not completely clad in stone to blend in with the Westlake Academy vernacular. PROJECT TEAM Our firm will be leading a team of other design and construction professionals to provide you with the schmatic design documents needed for council approval and marketing for a capital campaign. We understand that the team will be organized as follows! ■ As our client and owner,you will review and approve our work and will provide direction to us regarding the project program, schedule, and budget. You will also provide us information regarding your site and building, such as surveys, geotechnical information,and any applicable design standards or deed restrictions. ■ Our firm will take the lead in the architectural design for the project and will provide interior design and lighting design. We have not anticipated the need for other consultants at this stage but we will work with you if we jointly decide other expertise is needed during the course of the project. ■ We have based our proposal on the assumption that we'll bring on a cost estimator to the team to provide pre-construction expertise in cost estimating,scheduling. www.bbptx.com 3 ■ 2 1 Scope of Work SCOPE OF SERVICES This proposal includes all services you will need for the completed schematic design for an addition to the Sam &Margret Lee Arts&Science Center at Westlake Academy.We have included programming,schematic design, and capital campaign marketing materials within our scope. The scope of services covered by this proposal includes: Programming Building Design: (3)Options (1)-1 story Arts&Science Center addition (2)-2 story Arts&Science Center addition with an additional story to accommodate program currently housed within portable buildings (3)-Addition of a storm shelter located in the basement to option 1 and 2 Site Design • Parking study Stone Veneer Study-Explore feasibility of adding stone to existing buildings that are not completely clad in stone to blend in with the Westlake Academy vernacular. Our proposed scope of work will include the following phases: ■ Programming ■ Schematic Design&Capital Campaign Marketing Materials .b 14; f � r www.bbptx.com 4 PROGRAMMING PHASE This initial phase of the work will be dedicated to working with you and your staff to finalize the project's space needs. During this stage of the project,we will meet with your department heads to understand the basic requirements, both in terms of space allocation and types of spaces.We will review the current and anticipated future needs and also seek to understand the types of spaces needed. Using what we learned as we developed the program,we would next proceed to updating the already developed options for test fit blocking and stacking diagrams.These updated diagrams would evaluate how the various uses could fit within the building addition and where in the building each could be located. In fact,these studies would be used to help us determine the most efficient and usable configuration for the addition.These options would be diagrammatic in nature and not yet developed to the space plan level of detail.After a review of the options with you,we would use your input to edit the options to arrive at a mutually agreed option,which could be used in a subsequent space planning effort. DELIVERABLES ■ Update to the original test fit and blocking and stacking alternative arrangements for uses ■ Plan showing arrangement options the space allowed ■ Square footage calculations SCHEDULE, MEETINGS, AND PRESENTATIONS We anticipate having 6-8 programming meetings total including programming committee and a student engagement sessions.Two follow up meetings with leadership to confirm the final program. Depending on scheduling availability and your time for review,we propose completing this work within a 4-S week period. - F _ *t - - i J A O r Scope of Work continued www.bbptx.com 5 r y / 1 LAW 'i. SCHEMATIC DESIGN&CAPITAL CAMPAIGN MARKETING MATERIALS PHASE Based upon the selected conceptual design and an agreed upon construction budget,we will further develop the design for your review,comment,and approval.The design will then be further developed, consolidating any comments you might have into a final schematic design package.The final deliverables will show(3)options for the overall design intent and basic programmatic elements. During this phase of the work,we will also initiate preliminary discussions with the City of Westlake regarding code interpretations, infrastructure and development issues.We will include an opinion of probable cost estimate to help us more accurately meet your construction budget requirements. DELIVERABLES Building Design Each of the(3)options will include the following deliverables: ■ Review of proposed program requirements ■ Schematic site plan ■ Schematic floor plans ■ Schematic building elevations ■ Schematic structural descriptions in narrative form ■ Schematic mechanical,electrical, plumbing and fire protection descriptions in narrative form ■ Preliminary exterior material selections ■ Three-dimensional conceptual renderings of 2 exterior views and 1 interior view. ■ Opinion of probable cost Site Design-Parking Study ■ Schematic site plan indicating new parking areas ■ Opinion of probable cost Stone Veneer Study- ■ Feasibility report of adding stone to existing buildings that are not completely clad in stone to blend in with the Westlake Academy vernacular. ■ Opinion of probable cost MEETINGS AND PRESENTATIONS For this stage of the work,we have included regular meetings and presentations with you as needed to progress the design and to coordinate our work.We have also accounted for meetings with city council,city staff and consultants to continue to develop the drawings and to respond to applicable code requirements.We anticipate the deliverables will be completed by end of April 2020. Scope of Work continued www.bbptx.com 6 ■ 3 1 Fee Proposal COMPENSATION AND PAYMENT To perform the scope of work as outlined in this proposal,we propose the following lump sum fees: Addition to the Sam&Margret Lee Arts&Science Center at Westlake Academy $70,900.00 (seventy-thousand nine hundred dollars) Programming BBP $ 15,000.00 Schematic Design BBP $36,400.00 Capital Campaign Marketing Materials(renderings as listed above) BBP $7,000.00 Additional Marketing Materials, if requested BBP $5,000.00 Allowance Opinion of probable cost Cost Estimator $7,500.00 The fees outlined above exclude the additional services and reimbursable expenses outlined below. We will invoice for our services on a monthly basis, based on a percentage complete per phase of the work. AGREEMENT Bennett Benner Partners is appointed under the terms of this Agreement, including: • 1 I Project Details • 2 Scope of Work • 3 Fee Proposal ■ 4 Additional Fees and Expenses ■ 51 Hourly Rate Schedule ■ 6 1 Terms and Conditions which together comprise the Agreement between the client and Bennett Benner Partners. The client agrees to engage Bennett Benner Partners subject to and in accordance with the terms of this Agreement and undertakes to carry out their duties in accordance therewith including payment of the fees and expenses as set out in Part 3 and Part 4 of the Agreement. Bennett Benner Partners agrees to perform the services described in Part 1 and Part 2 of the Agreement and in accordance with the terms and conditions hereunder.This proposal is applicable for 3 months from the date of the cover letter. MAW Mr.Troy Meyer. Principal and Chief Executive Officer Director of Facilities and Public Works Bennett Benner Partners Town of Westlake 0 1 prefer to receive invoices via US mail at the following address: 0 1 prefer to receive invoices via email at the following address: www.bbptx.com 7 ■ 4 1 Additional Fees and Expenses ADDITIONAL SERVICES The items listed below are not included in the services covered under this proposal; however,we would be pleased to submit a proposal for these items as an additional service upon your request. ■ Specialty consultants not listed above,such as civil,waterproofing, elevator,food service,surveying, ■ Design of specialty items such as pools,water features, sculpture, or other art pieces ■ Wayfinding and graphics, except as required by governing authorities ■ Quantity surveying, construction cost estimating or construction scheduling ■ Furniture,fixtures and equipment(FF&E)selection or specification ■ Three-dimensional renderings beyond those identified above ■ Professionally-built models or material mock-ups ■ Drawings or reports for approvals by statutory agencies other than those mentioned herein ■ Field survey or other documentation of as-built/existing conditions ■ Out-of-phase revisions to previously approved work ■ Revisions to the project description, scope of services,or schedule ■ Additional meetings or presentations beyond those identified above ■ Permit agency appeals or variance hearings beyond initial presentation ■ Revised drawing packages as required for owner financing ■ Community Facilities Agreement(CFA)development,documentation,or coordination ■ Emergency power or conditioned power systems,except as required by codes • Building information modeling (BIM) • Revisions to existing zoning or re-platting • Extensive environmentally responsible design alternatives, such as unique systems design, in-depth material research,energy modeling,or LEED certification ■ Fast-track design services,or multiple construction document packages ■ Historic preservation design services ■ Design of communications,security,audio,visual or data systems ■ Design of curtain wall systems, cold-formed metal framing, structural supported floor slab,or storm shelter ■ Design of parking control systems ■ Design of lightning protection systems ■ Energy modeling, MEP systems commissioning,or photometric lighting studies ■ Conformed construction documents,as-designed record documents or as-constructed record documents • Additional construction contract administration time beyond the estimated construction schedule ADDITIONAL SERVICES AND RATES FOR HOURLY SERVICES Additional services shall be billed on an hourly basis, unless a fixed fee or other method of compensation is mutually agreed upon.Our current hourly rates are attached to this fee proposal.These rates apply for the current calendar year and are subject to revision on January 1 when they may be revised to reflect changes in staff salaries over the preceding year. REIMBURSABLE EXPENSES All out-of-pocket expenses incurred on behalf of a client for items such as travel,teleconferences, printing and graphics, postage and delivery, photography, scale models,fees paid to authorities having jurisdiction (including TAS plan review and site inspection fees)and outside consulting services will be billed at cost plus five percent (S%). Reasonable backup will be available upon request but limited to items over$1 S0 each. www.bbptx.com 8 ■ S I Hourly Rate Schedule CLASSIFICATION HOURLY BILLING RATE Principal $300.00 Senior Project Manager $180.00 Project Manager $170.00 Project Architect 1 $160.00 Project Architect 11 $140.00 Landscape Architect 1 $150.00 Landscape Intern $100.00 Project Coordinator I $125.00 Project Coordinator 11 $110.00 Interior Designer $150.00 Interior Designer 1 $130.00 Interior Designer 11 $110.00 Interior Design Intern $80.00 Construction Administrator $140.00 Technician 1 $120.00 Technician 11 $90.00 Sr.Administrative $120.00 Administrative $110.00 Planner $120.00 Urban Planner $150.00 Development Analyst/Planner $120.00 Planning Intern $100.00 IT Management $110.00 These rates apply for the current calendar year and are subject to revision on January 1,when they may be revised to reflect changes in staff salaries over the preceding year. Hourly rates for principals'attendance at public hearings and similar public presentations are 1.S times the regular rates shown in the attachment. Hourly rates are all inclusive;employees'base salaries are marked up for employee benefits(vacation, holidays,sick leave, payroll taxes and employee insurances)then the overhead factor is applied.To this total the remaining profit percentage is added. Effective January 2018 www.bbptx.com 9 ■ 6 1 Terms and Conditions 1 ARCHITECT'S RESPONSIBILITIES 1.1 Bennett Benner Partners shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. 1.2 Bennett Benner Partners shall maintain insurance coverage for the duration of this Agreement. If any of the requirements exceed the types and limits Bennett Benner Partners normally maintains,the Client shall reimburse Bennett Benner Partners for any additional cost. 2 CLIENT'S RESPONSIBILITIES 2.1 The Client or his consultants shall furnish Bennett Benner Partners with complete information about the Project including, but not limited to, site plan,accurate drawings of existing and proposed buildings, programming information and budgets. 2.2 The Client shall furnish surveys to describe the physical characteristics, legal limitations and utility locations for the site of the Project,and a written legal description of the site. 2.3 The Client shall furnish services of geotechnical engineers,which may include test borings, determinations of soil bearing values and percolation tests with written reports and appropriate recommendations. 2.4 Bennett Benner Partners'work will be based on information regarding existing conditions provided by the Client and his consultants, and shall be entitled to rely on the accuracy and completeness of this information. 2.5 The Client shall review promptly and thoroughly all documentation submitted for approval. Decisions and information to be provided by the Client shall be furnished in an expeditious manner in the interest of the timely progress of the design services. 2.6 The Client shall designate a Representative who shall have the authority to provide day to day decisions and to act on the Client's behalf. 2.7 The Project cost budgets, monitoring and construction scheduling shall be the Client's exclusive responsibility. 2.8 Obtaining necessary planning and building permits are not included in the scope of this proposal. 2.9 Bennett Benner Partners'analysis of existing conditions is based only on what can instantly be seen at the time of our analysis and that subsequent demolition may reveal structural or other concerns that will need to be addressed.The Client should maintain a contingency for additional services for consultants as needed to review and document corrections and costs to correct unforeseen conditions 3 TERMINATION OR SUSPENSION 3.1 The Project shall be considered suspended if work stops for sixty(60)days or if Client suspends the performance of services by Bennett Benner Partners for convenience. Upon suspension the Architect shall cease work and incur no further fees and shall be compensated for all basic and additional services performed to the date of suspension based on the percentage of completion times the fee along with any reimbursable expenses incurred to the date of the notice of suspension. Upon resumption of services the fee for the remaining services shall then be equitably adjusted to reflect the actual impact of the suspension of the work. 3.2 If services are terminated for any reason, Bennett Benner Partners shall be compensated for all basic and additional services performed to the date of the notice of termination based on the percentage of completion to date along with any reimbursable expenses,as well as an amount equal to 10%of the total compensation for all services remaining under this Agreement as compensation for future lost profits. www.bbptx.com 10 4 NON-PAYMENT 4.1 Bennett Benner Partners shall have no obligation to work on the Project and render services if the Client fails to pay Architect's statements for services rendered within sixty(60)days from the date of such statements. In the event that more than sixty(60)days passes from Bennett Benner Partners delivery of its statement and the Client has failed to pay the amount set forth therein, Bennett Benner Partners shall give written notice to the Client of its intent to stop work. Unless the Client makes arrangements acceptable to Bennett Benner Partners within ten(10) business days from its receipt of that notice to provide for payment of the delinquent fee,the Architect shall stop work and shall have no liability for any damages which result to the Client as a result of such work stoppage. 5 CHANGES OF SCOPE 5.1 If any change to the Project Description,Scope of Services or Schedule occurs,then Bennett Benner Partners shall perform services affected by these changes only after a mutual and final written agreement of any scope change and compensation for Additional Services. 6 CLAIMS AND DISPUTES 6.1 In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project,the Client and the Bennett Benner Partners agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to non-binding mediation. 6.2 The Client and Bennett Benner Partners further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, sub-consultants, suppliers and fabricators,thereby providing for mediation as the primary method for dispute resolution among the parties to all those agreements. 6.3 If a dispute arises from matters related to the services provided under this Agreement and that dispute requires litigation instead of mediation as provided above,then the prevailing party shall be entitled to recovery of all reasonable attorney's fees,costs,charges,and expenses expended or incurred. 7 COPYRIGHTS AND LICENSES 7.1 Drawings and Specifications for the Project are and shall remain the property of the Bennett Benner Partners who shall retain ownership of the drawings and the copyrights,whether the Project for which they are made is executed or not.They may not be used,sold,or transferred by the Client, nor may they be utilized on other projects or extensions to the Project,except by agreement in writing and with appropriate compensation to Bennett Benner Partners. 7.2 Bennett Benner Partners grants, subject to payment of all outstanding fees,to the Client a non- exclusive limited license to use and reproduce Drawings or Specifications for the Project for all purposes relating to the Project. 8 THIRD-PARTY BENEFICIARIES 8.1 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Consultant.The Consultant's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder.The Client and Consultant agree to require a similar provision in all contracts with contractors,subcontractors, sub-consultants,vendors and other entities involved in this Project to carry out the intent of this provision. Terms and Conditions continued www.bbptx.com 11 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-589153 The Town of Westlake Westlake,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/18/2020 being filed. The Town of West Lake Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. #2020-02 Architectural Services Nature of interest 4 Name of Interested Pa City,State,Count lace of business check applicable)Party ty, Country IP ) ( PP 1 Controlling I Intermediary Benner, Bruce Fort Worth,TX United States X Bennett, Michael Fort Worth,TX United States X 5 Check only if there is NO Interested Party, ❑ 6 UNSWORN DECLARATION �t ^ I My name is ^^ !!l�\5 P�1 r I �,,,,andd \my—date of birth is �Gr'C(t �C65 My address is 07ao\ opQc 5 �� (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. QQ Executed in ofasr,06n� County, State of '(emt) ,on the ,, day of C ,2% (month) (year) ature of authorized ctent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-589153 The Town of Westlake Westlake, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/18/2020 being filed. The Town of West Lake Date Acknowledged: 02/18/2020 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. #2020-02 Architectural Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Benner, Bruce Fort Worth, TX United States X Bennett, Michael Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d Form TCG 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 Contract identifier: Department: C't4 _I, �s� a o_ ¢Xn 5 By signing below, Company herby verifies the following: 1. Company does not boycott Israel; and 2. Compan will not oybott I rae ring t term of the contract. SIGNED BY: Print Name of Person: Signing, Title, and Company �111JnGi)oy��{ ^�WnCy CC' l J Date signed: a• �g'ott.�� STATE OF TEXAS § COUNTY OF-",TV § Ir A44 T &me#- BEFORE ME, the undersigned Notary Public on this day personally appeared (Name), on behalf of SOL*0SfMlbr'h4 A4*mpany) who being duly swom, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct.. SWORN AND SUBSCRIBED TO before me,this J_dayy ooff- Fe�/J ,20 07-0 n"'rw KEc. POE /�%•C�C�[.!/ I" �� �t4 Notary Public.State of Texas =Yi NOTARY OF PUBLIC, e:"�s Comm.Expires 0679513 FOR THE STATE OF TEXAS My C °'?OE`r` pry ID 130679513 Government Code § 2270.002. Provision Required in Contract Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The following definitions apply: (1)"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (2)"Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. (3)"Governmental entity' means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. TOWN OF WESTLAKE RESOLUTION 20-11 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO NEGOTIATIONS WITH BENNETT BENNER PARTNERS FOR ARCHITECTURAL PHASE I PROGRAMING DESIGN SERVICES FOR THE SAM & MARGRET LEE ARTS AND SCIENCE CENTER ADDITION AND AUTHORIZING TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, Authorizes the Town Manager to enter into an agreement with Bennett Benner Partner for architectural services for the programming design of Sam& Margret Lee Arts and Science Center addition and; WHEREAS, the agreement with Bennett Benner Partners for architectural services to provide Phase I design programing meetings with stakeholder, documents for fundraising opportunities by the WA affiliates, cost estimate, and creating renderings; and, WHEREAS, the fund source for the agreement would include WA Capital Projects that have been provided per economic development agreements by residential developments, Lee matching funds and Westlake Academy affiliates. The current balance of the Westlake Academy building fund is $3,093,000.00; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby authorizes the Town Manager to enter into an agreement with Bennett Benner Partners for architectural services for the phase I programing design of the Sam& Margret Lee Arts and Science Center addition, attached as Exhibit"A" and authorizes Town staff to make funding changes not to exceed $25,000 on this project. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 20-11 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 2nd DAY OF MARCH 2O20. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 20-11 Page 2 of 2 Town Council Item #4 — Consider Resolution 20-11 Town Council Item # 5 — Executive Session EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Entrada - Front 44 b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation c. Section 551.071(2) — Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. d. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. e. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake. Town Council Item # 6 — Reconvene Council Meeting Town Council Item # 7 — Necessary Action NECESSARY ACTION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Entrada - Front 44 b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation c. Section 551.071(2) — Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. d. Section 551.071(2) Consultation with Attorney— to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. e. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake. Town Council Item # 8 — Future Agenda Items FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under "Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. None Town Council Item # 9 — Council Recap / Staff Direction COUNCIL RECAP / STAFF DIRECTION Town Council Item # 10 — Adjournment Regular Session