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2009R38-Watershed Projects with Bexar CountyORIGINAL RESOLUTION NO. 09-R-38 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR WATERSHED PROJECTS WITH BEXAR COUNTY, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City should enter into an Interlocal Agreement for Watershed Projects (the "Agreement") with Bexar County, Texas; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28`x' date of July, 2009. CITY OF S ERTZ EXAS Mayor ST: ity Secretary (CITY SEAL) Reso109-R-38.doc EXHIBIT A INTERLOCAL AGREEMENT Resol 09-R-38.doc A-1 ~~~~~AL STATE OF TEXAS COUNTY OF BEXAR § INTERLOCAL AGREEMENT FOR § WATERSHED PROJECTS THIS INTERLOCAL AGREEMENT FOR WATERSHED PROJECTS ("Agreement") is effective as of the day of 2009 ("Effective Date") by and between COUNTY OF BEXAR a political subdivision of the State of Texas ("County"), and CITY OF SCHERTZ, TEXAS, a Texas Home Rule Municipality ("City"). This Agreement is entered into by County and City pursuant to the authority granted by the provisions of the Interlocal Cooperation Act, Texas Government Code, Chapter 791. This Agreement is intended to further the purpose of the Interlocal Cooperation Act by increasing the efficiency and effectiveness of local governments. ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to establish the terms and conditions for: (1) managing the design and construction associated with the Projects; (2) funding the construction; (3) transfer of fee interest or easement rights in land and improvements; and (4) operating and maintaining the Projects upon substantial completion of the construction. 1.02 The Projects that are designated to commence during the term are the CWl High Water Detection System at Aviation at E Aviation Road/Aztec Way at Cibolo Creek, CB10 Randolph RSWF, and CB19 Schaefer Rd Phase I. The Parties may amend this Agreement by adding or deleting Projects. It shall not be a breach of this Agreement if a listed Project is not commenced during the Term. ARTICLE II DESIGNATION OF REPRESENTATIVES 2.01 County hereby appoints the Executive Director of the Bexar County Infrastructure Services Department ("County Project Director"), as its representative under this Agreement. County's Project Director shall be the primary point of contact for City unless County's Project Director delivers to City, in writing, a notice designating another individual as Project Director. 2.02 City hereby appoints the Director of Public Works, as its designated representative under this Agreement ("City's Designated Representative"). Should City's Designated Representative appoint another individual to act as City's Designated Representative, City shall notify County of same in writing. City's Designated Representative shall be the primary point of contact for County. ARTICLE III TERM 3.01 Except as otherwise provided herein, this Agreement shall commence upon the execution date of the last signatory party to the Agreement. The term of this Agreement is for three years ("Term"). The Agreement is renewable at the end of the Term for additional three- year terms until all Projects are completed by the County and accepted by the City. ARTICLE IV PARTIES' FINANCIAL COMMITMENT 4.01 County shall pay for all design and construction costs on the Project from commencement through substantial completion of the Project; including consulting fees for design and construction documents, architectural and engineering fees, surveying, permitting, construction, infrastructure upgrades, and any fees and costs for acquisition of land and easements. Substantial completion is the date, certified by the County, County's design professional and the City's Designated Representative, as stated in Article 2.02, that a contractor has reached that stage of completion when the owner accepts use of the facility for its intended purposes, even though all work is not completed. 4.02 County shall develop, through its consultants, an estimate of cost for each Project and provide said estimate to City prior to the County commencing the Project. The estimated cost will consist of the necessary engineering, real estate and construction cost. 4.03 The Parties anticipate that City shall have no fmancial contribution for Project costs from commencement through substantial completion of the Project other than the cost the City incurs for the oversight of the Project by City staff. In the event City desires to incorporate additional improvements to County's proposed Project improvements which will increase the cost of the Project, City shall be responsible for all costs resulting from the modifications to proposed improvements including any additional acquisition fees and costs. 4.04 Following substantial completion of the Project, City shall be responsible for all costs associated with operating, maintaining, and repairing the Project and County shall have no further fmancial obligation. ARTICLE V OBLIGATIONS OF COUNTY 5.01 County's responsibilities. Pursuant to this Agreement, County shall perform and/or hire third parties to provide the following: a. serve as Project manager and administrator for the Project through substantial completion including responsibility for contract administration of third party contracts. 2 b. identify all affected utilities, protect utilities during construction, and coordinate utility relocation, if necessary. c. acquire fee interest and/or easement rights necessary for the Project. d. plan and coordinate all tests required for design of the Project. e. conduct public meetings, as needed, at conclusion of the Preliminary, Intermediate and Final Design Phases to advise adjacent landowners of the scope of the Project and to determine landowners concerns. f. provide status presentations on the Project to City staff, as requested by City's Designated Representative, and attend City Council meetings, as necessary, to provide briefings on the Project. g. obtain warranties from contractors and the right to transfer said warranties to City upon substantial completion. h. transfer fee interests, easements, and warranties to City upon substantial completion. ARTICLE VI OBLIGATIONS OF CITY 6.01 The City shall review plans, specifications and other submittals, including Preliminary (Engineering/Report), Design Phase (Intermediate/Final) and the Final Submittal. County Project Director shall deliver to City's Designated Representative one (1) paper and one (1) Adobe Acrobat PDF file copy of each of the plans, specifications and other submittals for review and approval. If the plans and/or specifications, in City's determination, require modifications, corrections, alterations or additions, City's Designated Representative shall notify County's Project Director in writing within thirty (30) business days of receipt of the documents detailing the modifications necessary. County shall incorporate City's modifications unless County is not in agreement that the modifications are necessary. In such case, the Parties, their staff, and third party consultants, if requested, shall meet to make a fmal determination regarding the City's modifications. If no comments are received by the County within thirty (30) business days, County will proceed with the Project with the understanding that the City has approved the submittals as presented. 6.02 City's responsibilities. Pursuant to this Agreement, City shall perform and/or provide the following: a. City has a duty to provide general oversight of the work performed by County, and third parties hired by County, on the Project and to provide written acceptance from City's Designated Representative of Project work in accordance with the terms herein. b. have City staff in attendance at each of the public meetings conducted by County on the Project to represent City's role in the Project. City should refer citizens with concerns regarding the Project to County's Project Director unless the issues pertain to City's past obligations for the existing drainage improvements or for future maintenance and repair of the Project improvements. c. as part of City's advisory and oversight role in the Project, City will provide County with prompt written notice whenever City staff observes, or otherwise becomes aware of: (i) any defect in the Project design or construction; (ii) any defect in the work performed by the County and/or consultants; or (iii) any development that adversely affects the scope or timing of the Project. d. assist County, when requested, in obtaining approvals and permits from governmental authorities having jurisdiction over the Project including providing any supporting documentation in City's possession which would aid County in preparing permit applications. e. provide County with data in the possession of City pertaining to the watershed within which the Project is located (i.e., maps, plans, field notes, statistics and computations). f. allow County to enter and remain on any land owned by City, or land which City owns an interest or a right, so that County can fulfill its duties pursuant to this Agreement. g. provide written acceptance of the improvement at substantial completion. h. provide normal maintenance at construction sites, unless the construction makes access impractical. i. provide public work response (equipment and personnel) to emergencies caused by heavy rains, flooding, wind or storms. 6.03 City shall advise the appropriate City offices and departments about the Project and update those offices and departments regarding the status of the Project as the City determines is necessary. 6.04 City shall accept transfers of fee interests, easements, and warranties upon substantial completion. ARTICLE VII JOINT OBLIGATIONS OF THE PARTIES 7.01 The Parties shall approve the scope of work for the Project improvements prior to the County commencing the Project. 4 7.02 Any modifications to the design or scope of services of the Project proposed by City which will result in a fmancial commitment to the Project by City prior to acceptance of the Project must first be approved in writing by City's Designated Representative. City shall then obtain approval from its governing body of the modifications as well as the fmancial commitment. Likewise, any modifications to the design or scope of services of the Project proposed by County which will increase the total cost of the Project for County must be approved in writing by County's Project Director and County's Project Director shall then obtain approval from its governing body. ARTICLE VIII CITY'S RIGHTS UNDER THIRD PARTY CONTRACTS 8.01 County shall provide City with copies of any requests for proposals ("RFPs"), requests for qualifications ("RFQs"), and invitations for bids ("IFBs") at a minimum often (10) business days prior to the issuance of same in order that City may have the opportunity to modify the terms, or incorporate additional terms, pertaining to the Project. City shall submit its modifications to those documents at a minimum of five (5) business days prior to issuance of same by County. All RFPs, RFQs, and IFBs shall reflect that City is a third party beneficiary to contracts entered into by County on the Project. Copies of all proposals and bids shall be furnished by County to City within a timely manner following County's receipt of all proposals and bids in order that City may have adequate time to review same. City may attend, if City desires, County meetings for. review and evaluation of the proposals and bids. 8.02 City agrees that County shall have the authority to contract on behalf of the Parties for all services necessary for the design and construction of the Project. 8.03 County shall provide City with a fully executed copy of each contract entered into by County on the Project. 8.04 In all contracts entered into by County on the Project, County shall include provisions reflecting: a. With regard to insurance coverage during the construction phase of the Project, County shall require all consultants, contractors, subcontractors and suppliers to maintain the insurance coverage limits which are sufficient to compensate County and City for their respective interests in the Project with regard to any liability a third party may have due to the services, equipment, or materials provided for construction of the Project. City shall be named as an additional insured on all policies naming County as an additional insured. County shall provide City's Designated Representative with copies of the completed Certificates of Insurance which Certificates shall be completed by an agent authorized to bind the named underwriters and their companies to the coverage limits and termination provisions shown thereon. City reserves the right to review the insurance requirements during the effective period of this Agreement, and any extension or renewal hereof, and to modify insurance coverage and limits when deemed necessary and prudent by City's Risk Manager based upon changes in statutory law or court decisions. County will not allow any modifications to the insurance coverage through which City may incur increased risks. b. County shall require all contractors and service providers to maintain statutory worker's compensation insurance for all of their employees with a waiver of subrogation in favor of County and City. County shall require in its contracts with third party providers of services, construction, and materials an indemnification ofCounty and City, their officials, employees, and agents from all claims by third parties. d. County will require the consultants, contractors, and any subcontractors to provide all statutorily required payment and performance bonds at no additional cost to the Parties. On services for which performance bonds are not statutorily required, County shall determine whether to require performance bonds. ARTICLE IX PROJECT MANAGEMENT DURING DESIGN AND CONSTRUCTION 9.01 County has, to the extent design work has been performed by County prior to execution of the Agreement, kept City informed about the Project design program elements. 9.02 City and County staff shall hold periodic conferences with third party consultants and contractors throughout the term of the Project in order that County and third party consultants and contractors may benefit from experience and knowledge of the City and in order that the work is performed in compliance with current City policies and standards. 9.03 For future meetings between County staff and its Project consultants, County shall provide City with written (e.g.: letter, e-mail or fax) notice at least twenty-four (24) hours in advance, of the location, date, and time of all meetings in order that City representatives may participate in the meetings. 9.04 Upon approval of this Agreement by the governing bodies of the Parties, the Parties' designated representatives shall schedule a meeting to develop the procedures and processes necessary to coordinate the design and construction of the Project. 9.05 County will manage, oversee, administer and carry out all of the activities and services required for design and construction of the Project to ensure that the Project is constructed with new materials in a good and workmanlike manner and in accordance with the terms of this Agreement and the design and construction documents. 9.06 County shall enforce substantial compliance with the terms of the agreements with Project design consultants, architects, engineers, contractors, and subcontractors and require that work be continuously and diligently performed to achieve substantial completion on or before the scheduled completion. 6 9.07 County agrees that during the construction phases of the Project, City's Designated Representative shall be given written notice of all County staff meetings affecting the Project in order that City may participate in those decisions. County also agrees that City's Designated Representative and City staff participating in the Project shall be given access at all times to the Project site. 9.08 County shall provide City Designated Representative with the schedule for permitting and construction of the Project (such schedule, as revised from time to time, with City being furnished copies of the revisions). The schedule shall establish a date for completion of each construction deliverable in sufficient detail to allow City to monitor the progress of the construction of the Project. 9.09 County's consultants shall perform all necessary structural and environmental assessments and any and all necessary tests, reports and other pre-construction steps deemed necessary by County prior to the start of construction on the Project. 9.10 County's Project Director shall provide written notice to City's Designated Representative a minimum of ten (10) business days prior to the start of construction on the Project. 9.11 County shall promptly furnish City's Designated Representative with copies of all legal notices received by County affecting the Project, including, without limitation, notices from governmental authorities, notices from any party claiming default in any payment obligation, and any other notice not of a routine nature. County shall promptly notify City's Designated Representative in writing of any suit, proceeding or action that is initiated or threatened in connection with the Project or against County and/or City. 9.12 For any environmental event that is caused by County employees, or at their direction, at the Project site, County shall be liable to the extent the environmental event was directly caused by County employees and not a result of the condition of City's existing drainage improvements on the Project site. An environmental event shall mean spills, discharge, leakage, pumpage, drainage, pourage, emission, emptying, injecting, dumping, disposing or other release of a hazardous material which may cause a threat or actual injury to human health or the environment. 9.13 For Projects with the total construction budget exceeding one million dollars ($1,000,000.00), County's Project Director shall issue written notice to City's Designated Representative when fifty percent (50%) of the total construction budget has been expended by County. City shall have fifteen (15) business days to inspect the Project work and the current construction documents and Project schedule. On or before the sixteenth (16th) business day following receipt of County's notice, City must provide County with written notice that the work appears, to the best of City's knowledge, to have been completed in accordance with the design and construction documents approved by the City. If City believes the work has not been completed in accordance with the design and construction documents, City must provide written notice to County's Project Director detailing the discrepancies between the design and construction documents and the Project work. County and City shall work together to determine 7 whether the Project work has been performed in accordance with the design and construction documents. Within three (3) days of the date the Parties reach a resolution regarding the discrepancies, City shall provide a written approval of the Project work through that date. 9.14 Both County and City shall participate in an inspection at substantial completion of the Project to identify the "punch list" items. City and County shall supervise and coordinate the completion of the punch list items. Both Parties shall participate in the final inspection which shall occur at the one-year anniversary of substantial completion. 9.15 Within ninety (90) days after substantial completion of the Project, County shall deliver to City's Designated Representative a final construction report which shall set out the total costs incurred in connection with the Project. 9.16 County shall maintain the books, records, and documents pertaining to the Project. City representatives shall have access to, and the right to examine, same upon reasonable notice to County's designated representative. ARTICLE X DEFAULT 10.01 In the event of a material breach of this Agreement, the non-breaching party shall give the breaching party written notice of such breach which shall detail the nature of the breach. The party receiving the notice of breach shall be given thirty (30) days to cure the breach. If the breach is not corrected to the satisfaction of the non-breaching party by the end of the thirty (30) day period, the non-breaching party may give written notice of termination to the breaching party and seek to recover damages. ARTICLE XI ENTIRE AGREEMENT 11.01 This Agreement constitutes the entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous agreements and understandings, whether written or oral, relating to such subject matter. ARTICLE XII ASSIGNMENT OR TRANSFER OF INTEREST 12.01 Neither Party may assign its rights, privileges and obligations under this Agreement in whole, or in part, without the prior written consent of the other party. Any attempt to assign without such approval shall be void. ARTICLE XIII LEGAL CONSTRUCTION 13.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XIV COMPLIANCE WITH LAWS AND ORDINANCES 14.01 Both Parties shall comply with all federal, state, and local laws and ordinances in connection with the work and services performed under this Agreement. ARTICLE XV TEXAS LAW TO APPLY 15.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Bexar County, Texas. ARTICLE XVI AMENDMENT 16.01 No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and be duly executed by the Parties hereto. 9 ARTICLE XVII NOTICES 17.01 All notices provided to be given under this Agreement shall be in writing and shall either be personally served against a written receipt therefore or given by certified mail or registered mail, return receipt requested, postage prepaid and addressed to the proper party at the address which appears below, or at such other address as the Parties hereto may hereafter designate in accordance herewith, unless a provision of this Agreement designates another party and provides an address. All notices given by mail shall be deemed to have been given at the time of deposit in the United States mail and shall be effective from such date. If to COUNTY: Bexar County Judge Bexar County Commissioners Court 100 Dolorosa, Suite 1.20 San Antonio, Texas 78205 With a copy to: Executive Director Bexar County Infrastructure Services Department 233 N. Pecos, Suite 420 San Antonio, Texas 78207 If to CITY: City Manager City of Schertz 1400 Schertz Parkway Schertz, TX 78154 With a copy to: City Clerk City of Schertz 1400 Schertz Parkway Schertz, TX 78154 ARTICLE XVIII FORCE MAJEURE 18.01 Neither Party shall be responsible for delays or lack of performance by such entity or its officials, agents or employees which result from acts beyond that entity's reasonable control including acts of God, strikes or other labor disturbances, or delays by federal or state officials in issuing necessary regulatory approvals and/or licenses. In the event of any delay or failure excused by this Section, the time of delivery or of performance shall be extended for a reasonable time period to compensate for delay. 10 ARTICLE XIX MULTIPLE COUNTERPARTS 19.01 This Agreement may be executed in separate identical counterparts by the Parties hereto and each counterpart, when so executed and delivered, will constitute an original instrument, and all such separate identical counterparts will constitute but one and the same instrument. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL H~VE THE FULL FORCE- AND EFFECT OF AN ORIGINAL, ON THIS THE J~ DAY OF CO By: County Judge APPROVED AS TO LEGAL FORM: SUSAN D. REED Criminal District Attorney Bexar County, Texas ~ ~- By: G~Z,~'r,~ JILL ORBERT Assi taut Criminal District Attorney Civil Section CITY O RTZ, XAS By: ~`" HAL BALDWIN Mayor ATTEST: City Clerk APPROVED AS TO FORM: ~~ ~^.~tMP ~'"C'Pan~ ~i~y.-Atx~ey Assn scan-r C,-ry A-jt-oc ~ e~, FINANCIAL CONTENT: TOMMY DA & Resource Manage~ilent Department 11 HWDS -Estimate of Maintenance and Service Cost for 1 year Schertz - 1 Sign with Flasher, 1 Master Gauge Station Site Visits Four (quarterly) 2-hour visits to inspect site (assuming $20/hour) Eight hours to replace routine equipment Replacement Equipment (Routine Parts) Solar Charger & Lamp Flasher (10 AMP) with Max Power Point Tracking Solar Panel w/Reg., Cable Set & Mtg Brkt (100 mA) LED Beacon Assembly (12" Yellow) Antenna Lightning Protector Battery, 12V; 12 AMP Huor; Gel Cell (4) TOTAL $ 160 $ 160 $ 200 $ 132 $ 176 $ 95 $ 122 __~~ $ 1,045 NOTE: Costs do not include equipment replacement the event of damage due to natural causes or vandalism. Bexar County's Contractor will provide training to City staff to perform inspection and replacement of routine parts. ~ .p .~y ~ -- ~ p ~ m ~ c N ~ r"y b b .~ o ... .. ~ ~ .., 'r c n~ C~ - .., c o b a .T' fu "' z C p ~ 2 "'~ ~ ~ PQ fD n p 2 ~*' C ~' O O Y' GU ,.' .~.1. ,. ~ O Cy ~+ C C a` -r c ~ ~ ~ n ] ~ ~ ~ ~ 2 a c r a' C S C ~ ~, a CO ;~ 'c .: a a.m a oc°.~.~^' ~ o ` ~ ~ ~ ~ N R n ~ C Ch ~' e` ^~ ^~'~ O a: ! y. v' ~ G 's . Qq ~ may,.. UC a ~ a i, ~ C `~ t (~~s C V1 a ~ a a r, ~ ~ ~ ~, x y ~ o ~ ~ c _ ~Y ~v ~ ~ i~ S YQ Y M ` r' ~ rT ' o ~ o ~ 5 a ~, ~ y ~ ~ ..- - ~ o ^, .. .r. ~• f^v r ~ .Y ~ rn ~ i .~ a' .. ~: ~ ~ ~ m 2 _~ ~ o m A~ -~ ~~ mra rc r, a ~ :: ('~ ~{ ~~ ~ n r y t~ ~ ^'; .{+ ,^.7 ~ `. J C n ~ y~ ~' ~ p -e i •.« m o m ~ ~ o a~ z f o r ~ Y `.' n 2 ~ c .".. r :~ ~ ~ o .C. .+ ~ C m ~, a ;, ,~ O ~• ~ -a oy. ~. T ~ .^' ~ a '~7 2 Y c C ~ y C N ~"• ~ r .. y y y :: ~; is m C ~~~, D A D 9y r c m m x P ~7 3 m0 m c 9~ p rye` O c~ D DO r C ~ c;. m 6 4~p o pQ O 1~ m m o ~ ~ ~ C m ~ ~ °' a ry y L^Z .~. eY w °Q b3~ ~ ~ a ~' co o ~' ~ '! ~ QQ ¢ ~ ~ ~ C c ~ ~ . . e ~ O ~ -~ A ~ 0 0 C C• ('1 A ^ c R C t5 ray O fr ~ Z n ~ y Q h 1 1 1 1 1 1 o ~ ~ ~ d o C w G W ~ a O O A~ O ~ C n ~ C ~ ~ ~• O C O O ~ n ,~ ~~ A QQ 0 ~', ~ ~ N VI ~ ~ C ~' o ~ ~~ ~ ^' IJ OC ~.~ ~ C ' ~ J J v. - c c N c~c~.~ '~ n a D Y w O CrO. A O l 1 Cd O ~+ 0 r~ V1 'b 'S A' C m ~e C• A K 1 H Cy7 b ~! ~ ~. ~ A Pr r 0 x o_ 'Y U4 n z A 2 r 0 A UQ G `y~y r O flr K O '.3 O. O b ,.~~ ~ y a ~; o ~t ~, W a~ A City of Schertz City Hall 1400 Schertz Pkwy Schertz, TX 78154 High Sierra Electronics 155 Spring Hill Drive, Suite 106 Grass Valley, California 95945-5929 Ph: 800-275-2080 Ph: 530-273-2080 Fx: 530-273-2089 Quotation Date Quote # 7/6/2009 90702 Quote Valid 60 Days TERMS FOB Phone: Fax: S Person Office EST. SHIP Net 30 Grass Valley 210-619-1000 FG/SS Gulf 5-7 Wks ARO ITEM# MODEL# DESCRIPTION QTY PRICE TOTAL Flood Warning Project for US Hwy 21/Ciblolo Creek 1.0 3466-00 Packaged Pressure Transducer Station with Rainfall 1 5,032.00 5,032.00 Monitoring Capability. Includes 3206-00 ALERT Data Transmitter, 6600-10 Pressure Transducer w/Desiccant Box & 35' Submersible Cable, 7000-13 Standpipe Assy, 7000-01 Standpipe Door with Key Lock, 2400-15 Rain Gauge Top Section, 5301-03 100mA Solar Panel, 7110-00 Omni-Antenna, 7300-01 Mast & 7150-00 Antenna Cable. Please Specify Radio Frequency & PT Range. 1.1 6600-01 65 Feet of extra Submersible Cable for the above Model 65 3.00 195.00 6600 PT totaling 100 feet. (Price per foot) 1.2 Parts Estimated 80 Feet of Conduit. (Price per foot.) 80 5.00 400.00 2.0 Installation Installation by HSE Field Technician - 2 Days. 1 2,500.00 2,500.00 Shipping Estimated Freight Charges 425.00 425.00 (actual billed at time of shipment) Out-of--State Sale, Tax Exempt 0.00 TOTAL $s,ss2.oo INFRASTRUCTURE SERVICES DEPARTMENT ORDER authorizing approving an Inter-Local Agreement between Bexar County and the City of Schertz to establish the rights and obligations between the two governmental agencies with regard to the CW1 High Water Detection System at Aviation at E Aviation Road/Aztec Way at Cibolo Creek Project, CB10 Randolph RSWF Project, and CB19 Schaefer Road Phase I Project. i PASSED THIS ~_' DAY OF , 2009. ~P~ RESOLUTION NO. 09-R-38 ~ -'~-0~1 KoTn'n~ . To~rY. w -~ 5- t °n. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR WATERSHED PROJECTS WITH BEXAR COUNTY, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City should enter into an Interlocal Agreement for Watershed Projects (the "Agreement") with Bexar County, Texas; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28"' date of July, 2009. CITY OF S ERTZ EXAS Mayor ST: rty Secretary (CITY SEAL) Resol 09-R-38.doc