03-10-2015 Agenda with backup City Council Agenda
REGULAR SESSION CITY COUNCIL
March 10, 2015, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
AGENDA
TUESDAY, MARCH 10, 2015 AT 6:00 P.M.
Call to Order – City Council Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Mayor Pro-Tem Edwards)
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale/B. James)
• Announcements and recognitions by City Manager (J. Kessel)
Employee Recognition
• New Employee : Patrick Mays, Code Enforcement Officer, Marshal Services
Department.
• Employee Promotion: David Taylor, Part Time Kennel Tech to full time Shelter
Tech, Animal Services Department.
• Employee Achievement: Lt. Steve Pulaski: Completed the Law Enforcement
Management Institute of Texas Leadership Program and he also received his Masters
Peace officer Certification from Texas Commission on Law Enforcement, Marshal
Services Department.
Presentations
• Guadalupe Regional Medical Center – Prescription Assistance Program report. (J.
Bierschwale/Jerry Riggs)
03-10-2015 Council Agenda
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker’s register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes the
Regular Meeting of March 3, 2015. (J. Kessel/B. Dennis)
2. Resolution No. 15-R-20 – Consideration and/or action approving a Resolution
accepting the 2014 Annual Racial Profiling Report. (J. Bierschwale/M. Hansen)
3. Resolution No. 15-R-21 – Consideration and/or action approving a Resolution
authorizing a Professional Services Agreement with Lockwood, Andrews & Newnam,
Inc., relating to Engineering and Design for the Woodland Oaks Retaining Wall
Project. (B. James/K. Woodlee)
4. Ordinance No. 15-T-09 – Consideration and/or action approving an Ordinance
authorizing a budget adjustment for the Thoroughfare Plan and Roadway Impact Fee
Study in the amount of $130,000.00. First Reading (B. James/K. Woodlee)
Roll Call Vote Confirmation
Requests and Announcements
5. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
6. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
7. Requests by Mayor and Councilmembers to City Manager and Staff for information.
03-10-2015 City Council Agenda Page - 2 -
8. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Executive Session
9. City Council will meet in closed session under Texas Government Code Section
551.071 Consultation with Attorney to receive advice on legal issues associated with
Section 4.07(a) of the City Charter.
10. City Council will meet in closed session under section 551.074 Evaluation of the City
Secretary and Deputy City Secretary.
Reconvene into Regular Session
9a. Take any necessary action based on discussions held in closed session under Agenda
Item number 9.
10a. Take any necessary action based on discussions held in closed session under Agenda
Item number 10 including possible increase in salary.
Roll Call Vote Confirmation
Adjournment
CERTIFICATION
I, DONNA SCHMOEKEL, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ,
TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND
POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 5TH DAY OF MARCH,
2015 AT 9:15 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT
ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH
CHAPTER 551, TEXAS GOVERNMENT CODE.
Donna Schmoekel
Donna Schmoekel, Deputy City Secretary
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2015.
____________________________Title:__________________________
03-10-2015 City Council Agenda Page - 3 -
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped
parking spaces are available. If you require special assistance or have a request for sign
interpretative services or other services please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at
any time during the course of this meeting to discuss any of the matters listed above, as
authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s
legal counsel and the presence of any subject in any Executive Session portion of the agenda
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel
for the governmental body and constitutes an opinion by the attorney that the items discussed
therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the
attorney. This provision has been added to this agenda with the intent to meet all elements
necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Audit Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Mayor Pro-Tem Edwards – Place 4
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
Councilmember Fowler – Place 1
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember Azzoz – Place 2
Animal Control Advisory Committee
Sweetheart Advisory Committee
Councilmember John – Place 3
Lone Star Rail District
Councilmember Thompson Place 5
Audit Committee
03-10-2015 City Council Agenda Page - 4 -
Presentation
CITY COUNCIL MEMORANDUM
City Council Meeting: March 10, 2015
Department: Administration
Subject: Guadalupe Regional Medical Center –
Prescription Assistance report
BACKGROUND
On March 5, 2013, City Council approved an Interlocal Agreement with Guadalupe Regional
Medical Center (the Hospital) relating to a prescription access program. This program offers
assistance to qualified citizens of the city that enables them to purchase prescription medication
at a significantly reduced price. The provision of a prescription assistance program is a public
purpose and preserves and protects these qualified citizens’ health and safety.
The Hospital will provide prescription medications free of charge or at a low cost to citizens who
qualify for assistance under the guidelines established by each drug manufacturer and as
described to the City by the Hospital. The Hospital will comply with all federal, state, county,
and City laws, rules, ordinances, and regulations which may affect the agreement.
A written report will be provided by the Hospital to the City Council of the City on or about
March 1 and September 1 of each year. This report will document that the payments made by
the City have primarily benefitted citizens of the City and will include such information as total
number of resident patients served, number of prescriptions filled, retail dollar value of
prescriptions, and sources of program funds.
FISCAL IMPACT
The fiscal impact to the City is $5,000 annually. This is a budgeted item. The City’s contribution
helps pay for the cost of administering the program.
RECOMMENDATION
Staff recommends Council accept the report from the Guadalupe Regional Medical Center.
ATTACHMENT
Report dated September 1, 2014 through February 28, 2015
Total number of patients served by the program
Total number of Schertz residents served by the program
Total number of prescriptions provided by the program
Retail dollar value of prescriptions provided by the PAP
Retail dollar value of prescriptions provided to Schertz residents by PAP
Number of prescriptions per Schertz patient per month
Average prescription retail price (3 month supply) per Schertz patient
Average annual retail prescription benefit per Schertz patient
SOURCES OF PROGRAM FUNDS (ANNUAL)
Schertz contribution to the program
Contributions to the PAP of other cities & other goverments (Seguin)
Contributions to program by GRMC Employees
Payments by patients ($15.00/month/patient)
Grants received for the program (United Way)
Other sources of funds (identify sources)
St. Lukes Lutheran Ministries
Seguin Noon Lions Club
Private
Exhibit A
Report Information
Guadalupe Regional Medical Center
Prescription Assistance Program for Schertz Enrollees
September 1, 2014 thru February 28, 2015
BENEFIT
TOTAL REVENUE
TOTAL EXPENSES
TOTAL NET
1175
39
13120
3,761,677.30$
145,830.61$
2.3
812.88$
7,478.49$
5,000.00$
-$
3,660.79$
125,526.16$
8,000.00$
10,000.00$
100.00$
2,380.00$
154,666.95$
(311,592.37)$
(156,925.42)$
Total number of patients served by the program
Total number of Schertz residents served by the program
Total number of prescriptions provided by the program
Retail dollar value of prescriptions provided by the PAP
Retail dollar value of prescriptions provided to Schertz residents by PAP
Number of prescriptions per Schertz patient per month
Average prescription retail price (3 month supply) per Schertz patient
Average annual retail prescription benefit per Schertz patient
SOURCES OF PROGRAM FUNDS (ANNUAL)
Schertz contribution to the program
Contributions to the PAP of other cities & other goverments (Seguin)
Contributions to program by GRMC Employees
Payments by patients ($15.00/month/patient)
Grants received for the program (United Way)
Other sources of funds (identify sources)
St. Lukes Lutheran Ministries
Seguin Noon Lions Club
Private
Exhibit A
Report Information
Guadalupe Regional Medical Center
Prescription Assistance Program for Schertz Enrollees
September 1, 2014 thru February 28, 2015
BENEFIT
TOTAL REVENUE
TOTAL EXPENSES
TOTAL NET
1175
39
13120
3,761,677.30$
145,830.61$
2.3
812.88$
7,478.49$
5,000.00$
-$
3,660.79$
125,526.16$
8,000.00$
10,000.00$
100.00$
2,380.00$
154,666.95$
(311,592.37)$
(156,925.42)$
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: March 10, 2015
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a regular meeting on March 3, 2015.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting of March 3, 2015.
ATTACHMENT
Minutes – regular meeting March 3, 2015.
MINUTES
REGULAR MEETING
March 3, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March
3, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Pro-Tem Cedric Edwards
Councilmember Jim Fowler Councilmember Grumpy Azzoz
Councilmember Daryl John Councilmember Robin Thompson
Staff Present: City Manager John Kessel
Deputy City Manager John Bierschwale Executive Director Brian James
Chief of Staff Bob Cantu City Attorney Charles Zech
City Secretary Brenda Dennis
Mayor Michael Carpenter was absent.
Call to Order
Mayor Pro-Tem Edwards called the meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas (Mr. Ken Ratcliff, Schertz Church of Christ)
Mr. Ken Ratcliff provided the invocation followed by the Pledges of Allegiance to the Flags of
the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale/B. James)
Mayor Pro-Tem Edwards recognized Director of Development Services Brian James who
provided the following announcements:
• Friday, March 6, City Council Retreat at GVEC Western Operations Center meeting
room, 6400 IH 10 – West, Seguin.
• Saturday, March 7, Wilenchik’s Walk for Life, 5K walk along Schertz Parkway,
(raising funds for cancer-CTRC); Meet at Samuel Clemens High School Parking lot,
1001 Elbel Rd at 8:00 a.m. For more information go to visitschertz.com.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro-Tem Edwards recognized City Manager John Kessel who moved to the
employee recognition section of the agenda.
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Employee Recognition
• Mike Trainor – Parks Department 20 years of service
• Jim Hooks – Public Works Department 25 years of service
• Harry Hewlett – Fire Department 25 years of service
Mayor Pro-Tem Edwards recognized City Manager John Kessel who recognized Park
Foreman Mike Trainor for his 20 years of service providing background information on
his career with the City of Schertz.
Mr. Kessel recognized Assistant Public Works Director Jimmy Hooks for his 25 years of
service providing background information on his career with the City of Schertz. Mr.
Hooks introduced his wife Glenda who was in the audience this evening.
Mr. Kessel recognized Battalion Chief Harry Hewlett for his 25 years of service
providing background information on his career with the City of Schertz. Mr. Hewlett
introduced his wife Robin, daughter Sarah and son Hunter who were in the audience this
evening. Mr. Hewlett also introduced the C-Shift members who were also present.
Hearing of Residents
Mayor Pro-Tem Edwards recognized the following individuals who spoke:
Ms. Maggie Titterington, Schertz Chamber President, who provided information on the
upcoming Chamber Events. Ms. Titterington also spoke in favor of agenda item 4 regarding the
Inter-local Agreement with the San Antonio River Authority for sewage transportation, treatment
and disposal in Southern Schertz. Ms. Titterington thanked all those involved in this project.
Executive Session
Mayor Pro-Tem Edwards recessed the regular meeting at 6:31 p.m. into Executive Session.
1. City Council will meet in closed session under Texas Government Code Section 551.072,
to deliberate the purchase of approximately 4.138 acres, a 16-foot permanent waterline
easement and a 25-Foot temporary construction easement located at 12250 Schaefer
Road, Schertz, Texas.
Reconvene into Regular Session
Mayor Pro-Tem Edwards reconvened into Regular session at 6:47 p.m., and asked if there was
any action to be taken from Executive Session and recognized Councilmember Azzoz who
moved seconded by Councilmember Thompson to approve Item No. 2. Mayor Pro-Tem
Edwards stated that as a point of order they were not supposed to approve anything out of
executive session; there was no action to be taken out of executive session and asked that
Councilmember Azzoz withdraw his motion. Councilmember Azzoz withdrew his motion.
03-03-2015 Minutes Page - 2 -
Discussion and Action Items
2. Resolution No. 15-R-14 – Consideration and/or action approving a Resolution
authorizing the purchase of approximately 4.138 acres, a 16-foot permanent waterline
easement and a 25-Foot temporary construction easement located at 12250 Schaefer
Road, Schertz, Texas. (J. Bierschwale/S. Willoughby/C. Raleigh)
The following was read into record:
RESOLUTION NO. 15-R-14
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A PURCHASE AND SALE WITH WESLEY H. RUMPF,
IN CONNECTION WITH THE PURCHASE BY THE CITY OF REAL
PROPERTY LOCATED ALONG SCHAEFER ROAD, DESCRIBED AS A
TRACT OF LAND CONTAINING 4.138 ACRE TRACT, MORE OR LESS,
BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 14.48 ACRE
TRACT OF LAND CONVEYED TO WESLEY H. RUMPF IN VOLUME 6622,
PAGE 328 AS WELL AS A 16-FOOT WIDE WATER LINE EASEMENT
DESCRIBED AS A 0.655 ACRE, 28,549.47 SQUARE FOOT WATER LINE
EASEMENT AND A 25-FOOT WIDE TEMPORARY CONSTRUCTION
EASEMENT DESCRIBED AS A 1.048 ACRE, 45,629.78 SQUARE FOOT
TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF THE
REMAINDER OF THAT CERTAIN 14.48 ACRE TRACT OF LAND CONVEYED
TO WESLEY H. RUMPF IN VOLUME 6622, PAGE 328 OF THE OFFICIAL
RECORDS OF REAL PROPERTY ALL LOCATED IN THE CITY OF
SCHERTZ, BEXAR COUNTY, TEXAS, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Pro-Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Resolution No. 15-R-14. The vote was unanimous
with Mayor Pro Tem Edwards, Councilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion passed.
3. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of February 24, 2015. (J. Kessel/B. Dennis)
Mayor Pro-Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember John to approve the minutes of the Regular Meeting of February 24,
2015. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers
Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion
passed.
4. Resolution No. 15-R-18 – Consideration and/or action approving a Resolution
authorizing an Inter-local Agreement between the City of Schertz, Texas and the San
03-03-2015 Minutes Page - 3 -
Antonio River Authority for sewage transportation, treatment and disposal in Southern
Schertz. (J. Bierschwale/S. Willoughby/C. Raleigh)
The following was read into record:
RESOLUTION NO. 15-R-18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF SCHERTZ, TEXAS AND THE SAN ANTONIO RIVER AUTHORITY FOR
SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL IN SOUTHERN
SCHERTZ AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tem Edwards recognized Public Works Project Manager Cindy Raleigh who
introduced this item stating upon the Development of the Laura Heights Subdivision in
Southern Schertz staff determined that there was a need to enforce developments to
install sanitary sewer service in this rural area to prevent from the use of multiple spray
aerobic septic systems. These systems were causing too much water to be saturated into
the ground and in return caused failure of streets. Due to the development in the area,
there are too many homes planned to allow septic on all units. Schertz needs to have the
ability to enforce the use of sanitary sewer service in this area. The San Antonio River
Authority (SARA) holds the Certificate of Convenience and Necessity (CCN) for sewer
service in this watershed. Staff began discussions with SARA in early 2013 and during
this time it was determined that SARA only desired to treat the sewage but was not
interested in collection. Staff agreed that the City would handle collection if SARA
would manage treatment. This is similar to the agreement we have with CCMA. Staff
has received letters from developers and property owners in the area requesting that the
City serve the area with Sanitary Sewer Service.
Ms. Raleigh stated that to achieve this agreement, the City must first apply for a dual
CCN for this area from the Public Utility Commission (PUC). An Interlocal Agreement
(ILA) between SARA and the City is a necessary requirement to the application. The
ILA was drafted and reviewed by both SARA and the City. The Board of Directors for
SARA requests approval by City Council before proceeding with approval. The City
needs this dual CCN to plan, design, and construct sewer lines as well as enforce the use
of these lines by developers in lieu of the use of septic systems. Staff recommends
approval of the ILA with SARA to complete one of the requirements of the PUC for dual
certification. Staff recommends approval of Resolution 15-R-18 approving an Interlocal
Agreement between the City of Schertz and San Antonio River Authority for Sewage
Transportation, Treatment, and Disposal in Southern Schertz. Ms. Raleigh stated that
Mr. Gomez with the San Antonio River Authority was here tonight to address any
questions Council may have.
Mayor Pro-Tem Edwards recognized City Manager John Kessel who stated that this
evening a resident spoke in favor of this item to provide sanitary sewer services to the
Southern Schertz area. Mr. Kessel also gave his personal appreciation to the San Antonio
River Authority for working with the City.
03-03-2015 Minutes Page - 4 -
Mayor Pro-Tem Edwards called for a motion and recognized Councilmember Azzoz who
moved, seconded by Councilmember John to approve Resolution No. 15-R-18. The vote
was unanimous with Mayor Pro Tem Edwards, Councilmembers Fowler, Azzoz,
John and Thompson voting for and no one voting no. Motion passed.
5. Resolution No. 15-R-19– Consideration and/or action approving a Resolution
authorizing a Memorandum of Understanding with the City of Cibolo related to the Keli
Heights Subdivision. (J. Bierschwale, S. Willoughby/C. Raleigh)
The following was read into record:
RESOLUTION NO. 15-R-19
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH
THE CITY OF CIBOLO RELATING TO THE KELI HEIGHTS SUBDIVISION,
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tem Edwards recognized Public Works Director Sam Willoughby who
introduced this item answering questions from Council. Mr. Willoughby stated this item
is a cooperative project between the City of Schertz and the City of Cibolo which will
provide assistance to an area that is in need of adequate water services. Development of
this subdivision will provide an opportunity for Schertz to eliminate a failing lift station
in the area through the use of Cibolo’s Gravity Fed Sewer Lines.
Mr. Willoughby stated the City of Cibolo services the area south of the Whisper
Meadows Subdivision that is being developed. The City of Cibolo has approached the
City of Schertz requesting assistance with water services in the area, known as the Keli
Heights Subdivision. Cibolo is unable to provide adequate water service and pressure to
this area at this time. As a cooperative project with a sister city, it is in the best interest of
the City to enter into a Memorandum of Understanding with Cibolo to provide these
services to the area outlined in Exhibit A. When the development is complete, up to 350
acre-feet of treated Edwards Aquifer water will be delivered to this area per year at a
current Wholesale Water Distribution Volumetric Rate of $2.27 per thousand gallons of
water. A base rate will be assessed for usage based on LUE’s served per month. As the
development grows, the base rate will increase as the number of LUE’s increase based on
the meter size. The City of Cibolo has reviewed the Memorandum of Understanding and
agrees with the terms and conditions. Cibolo will take it forward for approval from their
respective City Council in early March.
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Mr. Willoughby stated there is no fiscal impact to approve the Memorandum of
Understanding. Upon the delivery of the 350-acre feet of water to the area, the City of
Cibolo will be billed according to usage at the wholesale volumetric rate of $2.27 per
thousand gallons of water with a base rate based on LUE’s served per month. Cibolo will
purchase the master meter and will pay for any applicable tap and meter set fees. Based
on 350-acre feet of water usage, the annual fee collected will be approximately
$258,887.25. Additional funds will be received from the monthly base rate per LUE’s
served per month. Staff recommends approval.
Mayor Pro-Tem Edwards called for a motion and recognized Councilmember Fowler
who moved, seconded by Councilmember Azzoz to approve Resolution No. 15-R-19.
The vote was unanimous with Mayor Pro Tem Edwards, Councilmembers Fowler,
Azzoz, John and Thompson voting for and no one voting no. Motion passed.
6. Resolution No. 15-R-17 – Consideration and/or action approving a Resolution
authorizing a Contract with Pesado Construction Company related to the Town Creek
Sewer FM 482 Gravity Trunkline Project (J. Bierschwale/S. Willoughby/C. Raleigh)
The following was read into record:
RESOLUTION NO. 15-R-17
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH PESADO CONSTRUCTION
COMPANY RELATED TO THE TOWN CREEK SEWER LINE PROJECT
PHASE III - FM 482 GRAVITY TRUNKLINE PROJECT AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tem Edwards recognized Public Works Project Manager Cindy Raleigh who
introduced this item addressing questions from Council. Ms. Raleigh stated as part of the
Capital Improvement Plan, The Town Creek Sewer Line Project Phase III – FM 482
Gravity Trunkline Project is ready for construction. The City desires to construct 4,200
linear feet of 12-inch Gravity Trunkline along the FM 482 corridor. This is Phase III of
approximately five phases that began in 2007 for the Project. The line begins in Cibolo
at FM 78 and crosses IH-35 to FM 482. The project has been designed by Ford
Engineering. Staff has acquired and Council has approved all easements needed to
complete this section of the project.
The project was publicly bid using the Competitive Sealed Bid Proposal Method. This
method allows the City to choose a contractor not only based on cost, but on
qualifications and experience as well. Four bids were received for this project. Two
bidders were from Austin, one from San Antonio, and one, Pesado Construction, from
Schertz. Staff met with Ford Engineering and Pesado Construction on February 24, 2015
to negotiate the project as required per the Competitive Sealed Bid Proposal Method. All
parties agree that the design has been optimized to the most cost-efficient manner
possible; no further construction cost savings could be identified; therefore based on
qualifications, experience, and price staff recommends contracting with Pesado
03-03-2015 Minutes Page - 6 -
Construction Company of Schertz to complete the Town Creek Sewer Line Project Phase
III - FM 482 Gravity Trunkline Project in the amount of $821,797.40. The Engineers
estimate was $762,546.59. The City has a positive history with Pesado Construction. In
fact, Pesado completed Phase II of this project in 2011. Staff recommends Council
approve hiring Pesado Construction Company in the amount of $821,797.40 for the
Town Creek Sewer Line Project Phase III – FM 482 Gravity Trunkline.
Mayor Pro-Tem Edwards called for a motion and recognized Councilmember Thompson
who moved, seconded by Councilmember Fowler to approve Resolution No. 15-R-17.
The vote was unanimous with Mayor Pro Tem Edwards, Councilmembers Fowler,
Azzoz, John and Thompson voting for and no one voting no. Motion passed.
7. Temporary Employee Sick Leave Pool Policy – Discussion, consideration and/or
action regarding approval of a temporary employee sick leave pool policy. (J. Kessel/J.
Bierschwale)
Mayor Pro-Tem Edwards recognized Deputy City Manager John Bierschwale who stated
currently City of Schertz employees are provided a sick leave policy to protect them
financially during times of need; however, from time to time employees exhaust their
sick leave due to a significant illness, accident or having a child. This can be significant,
particularly if they are a new employee who had not had the opportunity to earn and save
sick leave time. While the City has a catastrophic illness policy, this policy does not
trigger for some events, nor does it fully offset their lost salary leaving a gap in coverage
from time to time. Additionally, many employees have accumulated significant hours of
unused sick leave and many of these have asked if they could donate sick leave to
coworkers in need.
Staff wishes to develop a new policy to be submitted in the future to the City Council for
consideration that would create a program to allow city employees to voluntarily donate
their earned sick leave hours, define qualifying events and establish a review process for
sick leave requests. Other municipalities have such programs and they are successful if
properly developed.
In order to be nimble and not leave a gap while the final policy is being developed, Staff
would request City Council consider authorizing the City Manager to implement a
temporary stop gap measure until the Human Resources Department can finalize a sick
leave pool to address this issue.
The cost of this Temporary Sick Leave Pool will be borne by City of Schertz employees
voluntarily transferring earned sick leave hours from their account to the account of the
employee in need.
Staff recommends City Council authorize the City Manager to develop a temporary sick
leave pool policy while staff develops a final policy for Council consideration. Such
temporary policy would include a process for submitting a request to transfer sick leave
hours to an employee in need of assistance. The review body will be made up of the HR
Director, Finance Director and Chief of Staff which will review the request and either
approve or disapprove it. An employee may appeal a decision to disapprove a request to
03-03-2015 Minutes Page - 7 -
the City Manager. Mayor Pro-Tem Edwards and Council provided their comments of
approval on this item.
Mayor Pro-Tem Edwards moved to approve the temporary sick leave pool policy,
seconded by Councilmember Azzoz. The vote was unanimous with Mayor Pro Tem
Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no
one voting no. Motion passed.
Roll Call Vote Confirmation
City Secretary Brenda Dennis provided the roll call vote information for agenda items 1 through
7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were provided.
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Pro-Tem Edwards recognized Councilmember Thompson who asked that an
update on the Senior Center be placed on a future agenda.
Mayor Pro-Tem Edwards recognized Councilmember Azzoz who asked and desired that
the City look into an ordinance like the City of San Antonio has passed of a no cell phone
use within the City. He had recently experienced driving behind someone who had
dropped their phone and had a very bad accident. City Manager John Kessel stated that
staff is currently working on such an ordinance and recognized Development Services
Director Brian James who stated that the ordinance will be brought before the
Transportation Safety Advisory Commission (TSAC) at their next meeting for discussion
and consideration to bring before the Council. Councilmember Thompson also asked if
this ordinance would include distracted drivers.
Mayor Pro-Tem Edwards recognized Councilmember Fowler who asked for an update on
the audio system and acoustics for the Council Chambers. City Manager John Kessel
stated that the plan is to have the new system installed by the end of the month. Mr.
Kessel also stated that one of the improvements will be to put some acoustic treatments
on the walls which will help reduce echoes in the room. Mr. Kessel stated that if Council
wanted to see how the acoustic materials work they could go to the Animal Adoption
Facility as they have a room that these materials were installed in.
03-03-2015 Minutes Page - 8 -
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No requests were made.
11. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Pro-Tem Edwards recognized Councilmember Thompson who stated he wanted to
recognize the Schertz-Cibolo Lions Club who recently did a lot of volunteer work and
improved one of our parks and brought it up to date. He appreciates that organization.
Mayor Pro-Tem Edwards recognized Councilmember Azzoz who stated last Thursday he
attended the TxDOT meeting regarding the plan for a possible toll road. He stated that it
looks like there will be 44 exits, and no exits for Schertz. He stated that he is not in favor
of the project and encouraged those to let them know. He stated that we need to look at
light rail to relieve the congestion. He stated that there would be a negative economic
impact should this toll road project be approved. He prefers that they go with light rail.
Mayor Pro-Tem Edwards stated that this is why they have a liaison on that board for light
rail.
Adjournment
As there was no further business the meeting was adjourned at 7:25 p.m.
__________________________________
Cedric Edwards, Mayor Pro-Tem
ATTEST:
__________________________________
Brenda Dennis, City Secretary
03-03-2015 Minutes Page - 9 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting:
Department: Police Department
Subject: Resolution No. 15-R-20 -Annual
Racial Profiling Report
BACKGROUND
Presentation and consideration and/or action regarding the 2014 Annual Racial Profiling
Report. Texas Code of Criminal Procedure Article 2.134 requires the chief administrator of
the law enforcement agency to submit an annual report concerning data obtained on traffic
stops to the governing body of the municipality served.
Community Benefit
Provides documentation of the activities of the City’s police department in the
area of traffic enforcement.
Summary of Recommended Action
The annual racial profiling report is submitted for review.
FISCAL IMPACT
No fiscal impact
RECOMMENDATION
Staff recommends acceptance of the resolution accepting the 2014 Annual Racial Profiling
Report
ATTACHMENT(S)
2014 Annual Racial Profiling Report
Letter of explanation
Resolution No. 15-R-20 accepting racial profiling report
50631771.1
RESOLUTION NO. 15-R-20
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2014
RACIAL PROFILING REPORT, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, Article 2.134 of the Texas Code of Criminal Procedure, as amended,
requires the chief administrator of a law enforcement agency to submit an annual report to the
governing body of the municipality served that contains data obtained on traffic stops during the
previous calendar year, including an analysis of both the number of motor vehicle stops and the
disposition of such cases based on the race or ethnicity of the affected persons (the “2014 Racial
Profiling Report”);
WHEREAS, the Chief of Police of the City of Schertz (the “City”) submitted the 2014
Racial Profiling Report to the City;
WHEREAS, the Chief of Police and City staff recommend that the City accept the 2014
Racial Profiling Report; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept the 2014 Racial Profiling Report.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby accepts the 2014 Racial Profiling Report.
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 10th day of March, 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
50506221.1 - 2 -
SCHERTZ POLICE DEPARTMENT
MICHAEL R. HANSEN, CHIEF OF POLICE
1400 SCHERTZ PARKWAY BLDG 6 • SCHERTZ, TEXAS 78154
OFFICE: 210-619-1213 • FAX: (210) 619-1220
MHANSEN@SCHERTZ.COM
February 26, 2015
City Council
City of Schertz
Re: Annual Racial Profiling Report
In accordance with the Texas Code of Criminal Procedure Article 2.134 the attached compilation
of traffic stop information is submitted.
The required report must include the race or ethnicity of the individual detained, whether a
search was conducted, if the individual detained consented to the search and if the officer was
aware of the race or ethnicity of the individual before the stop was conducted.
In addition to the statistical report, it must also provide information relating to each complaint
filed with the agency alleging that an officer engaged in racial profiling. There were no
complaints alleging that a Schertz Police Officer engaged in racial profiling during this reporting
period.
The law specifically states that data collected as a result of the reporting requirements shall not
constitute prima facie evidence of racial profiling. In fact, I believe the data supports the
recognition that the Schertz Police Department continues to ethically and impartially enforce the
laws and ordinances for which we are responsible.
United in a spirit of teamwork, the Schertz Police Department, as a regional leader and in
partnership with the Community, is devoted to excellence in innovative and proactive public
service and safety while contributing to an exceptional quality of life.
Michael R. Hansen,
Chief of Police
Number of Motor Vehicle Stops
10710 Citations only
34 Arrest only
74 Citations and Arrests
4.10818 Total
Race or Ethnicity
1204 African
184 Asian
6737 Caucasian
2631 Hispanic
50 Middle Eastern
12 Native American
0 Other
0 Unknown
11.10818 Total
Race or Ethnicity known prior to stop?
370 Yes
10448 No
14.10818 Total
Search conducted?
433 Yes
10385 No
17.10818 Total
Was search consented?
79 Yes
354 No
20.433 Total
PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the
TCLEOSE website. Please contact TCLEOSE for instructions on how to resolve these issues for 2012. This report
only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops
resulting in a warning with an arrest and field interviews that resulted in an arrest.
1 of 1Report Created: 1/21/2015 9:49:58 AM
Powered by:
Racial Profile Tier 1 HB3389
Schertz, TX PD CONFIDENTIAL 1/1/2014 - 12/31/2014
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: March 10, 2015
Department: Engineering
Subject: Resolution No. 15-R-21 – A Resolution
by the City Council of the City of
Schertz, Texas authorizing a
Professional Services Agreement with
Lockwood, Andrews & Newnam, Inc.,
relating to Engineering and Design for
the Woodland Oaks Retaining Wall
Project and other matters in connection
therewith.
BACKGROUND
A retaining wall constructed of railroad ties exists along the right of way line at the northwest
corner of the intersection of Woodland Oaks and Woodbridge Way. A portion of the wall is
currently failing and the remaining section of the wall is in danger of failure at some point in
the future. The wall was constructed between 1998 and 2003; however no records of its
construction are available.
Staff engaged on-call engineering firm Lockwood, Andrews & Newnam, Inc., (LAN) to
perform a boundary survey and condition assessment of the wall. The boundary survey
confirmed that the wall is primarily located within the City’s right of way. The condition
assessment of the wall identified that a portion of the wall is in a failure condition currently
and the remainder will likely fail in the future. The assessment and survey are attached to
this memo. The assessment also identified that the cause of the failure is improper
construction. It is uncertain if there was an engineered design of the wall.
Based on the condition assessment, it is recommended that the existing wall be removed and
replaced The approval of the Professional Services Agreement with LAN, Inc., will allow
for this project to be designed and bid for construction. The agreement includes geotechnical
testing, evaluation, and design services for this project.
A current preliminary estimate of construction cost for the project is $101,000 which
includes a substantial amount of contingency due to the uncertainty of necessary aspects of
construction. Efforts will be made to ensure the most cost effective design solution.
Depending on the ultimate design and final construction costs, staff will explore options for
funding construction of the replacement wall.
Goal
Enter into a Professional Services Agreement with on-call engineering firm LAN for
engineering and design including geotechnical testing services for the removal and
replacement of the retaining wall on the northwest corner of the intersection of Woodland
Oaks and Woodbridge Way.
Community Benefit
The existence of the retaining wall in its current failed state is an ongoing safety concern and
a nuisance from an aesthetic and pedestrian perspective. Removal and replacement of the
wall is imperative. Engineering design of a solution to the failing retaining wall is the first
step to providing a durable and maintenance free community improvement.
Summary of Recommended Action
Staff recommends Council approve hiring LAN, Inc., to engineer and design a replacement
of the retaining wall on the northwest corner of the intersection of Woodland Oaks and
Woodbridge Way.
FISCAL IMPACT
Engineering and design cost for the project in the amount of $23,100 to be paid for from the
Engineering Department budget for Professional Services.
RECOMMENDATION
Staff recommends Council approve Resolution 15-R-21.
ATTACHMENTS
Condition Assessment
Boundary Survey
Resolution 15-R-21
Professional Services Agreement
RESOLUTION NO. 15-R-21
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC.,
RELATING TO ENGINEERING DESIGN SERVICES FOR THE
WOODLAND OAKS RETAINING WALL, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City
requires professional services relating to engineering services and design services for the
Woodland Oaks Retaining Wall Project, which includes the removal and replacement of the
approximately 300-linear foot of retaining wall located at the edge of the right of way on the
northeast corner of the intersection of Woodland Oaks Drive and Woodbridge Way; and
WHEREAS, City staff has determined that Lockwood, Andrews & Newnam, Inc.,
(LAN), is qualified to provide such services for the City; and
WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the
City is not required to seek bids or proposals with respect to a procurement for personal,
professional, or planning services; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with LAN pursuant to the Engineering Services Agreement attached hereto as Exhibit A
(the “Agreement”).
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 LAN 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 10th day of March, 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
ENGINEERING SERVICES AGREEMENT
50077397.1 A-1
CITY OF SCHERTZ
PROJECT AGREEMENT FOR ENGINEERING SERVICES
This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a
Texas municipal corporation, hereinafter called “CITY” and/or “OWNER”, and Lockwood,
Andrews, & Newnam, Inc.hereinafter called “CONSULTANT”.
Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called
“CONSULTANT”, this Agreement being executed by City pursuant to appropriate action by the
City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in
connection with the above designated Project for CITY.
ARTICLE 1 DEFINITIONS
ARTICLE 2 SCOPE OF SERVICES
ARTICLE 3 COMPENSATION FOR SERVICES
ARTICLE 4 METHOD OF PAYMENT
ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE
ARTICLE 6 COORDINATION WITH CITY
ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS
ARTICLE 8 OWNERSHIP OF DOCUMENTS
ARTICLE 9 TERMINATION AND/OR SUPENSION OF WORK
ARTICLE 10 CONSULTANT’S WARRANTY
ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST
ARTICLE 12 INSURANCE REQUIREMENTS
ARTICLE 13 INDEMNIFICATION
ARTICLE 14 CLAIMS AND DISPUTES
ARTICLE 15 SEVERABILITY
ARTICLE 16 ESTIMATES OF COST
ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED
ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE
ARTICLE 19 STANDARD OF CARE
ARTICLE 20 RIGHT OF REVIEW AND AUDIT
ARTICLE 21 ENTIRE AGREEMENTS
ARTICLE 22 VENUE
ARTICLE 23 NOTICES
ARTICLE 24 INDEPENDENT CONTRACTOR
ARTICLE 25 CAPTIONS
ATTACHMENT 1 PROJECT SCOPE OF SERVICES
ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE
ATTACHMENT 3 BILLING RATE SCHEDULE
ATTACHMENT 4 ADDITIONAL PROJECTS AND/OR EXPANDED SCOPE
OF SERVICES
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 1
ARTICLE 1: DEFINITIONS
AS USED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE MEANINGS
AS SET OUT BELOW:
Agreement means this Master Agreement between CITY and CONSULTANT that
establishes the terms and conditions for all Projects to be carried out under this
Agreement.
Application for Compensation means the form CONSULTANT uses to make a request
to be paid for completed services.
Application for Payment means the form CONSTRUCTION CONTRACTOR uses to
make a request to be paid for completed work.
Certificate for Payment means the form CONSULTANT uses to make
recommendations on CONSTRUCTION CONTRACTOR’S Application for Payment.
CITY means the City of Schertz, Texas.
Claim means a demand or assertion by one of the parties seeking, as a matter of right,
adjustment, or interpretation of the terms of this Agreement, payment of money,
extension of time, or other relief with respect to the terms of this Agreement. The term
“claim” also includes other disputes and matters in question between the OWNER and
CONSULTANT arising out of or relating to this Agreement.
Compensation means amounts paid by CITY to CONSULTANT for completed services
under this Agreement.
CONSTRUCTION CONTRACTOR means the firm hired by CITY to construct the
Project.
Construction Contract Documents means the contract between the CITY and the firm
contracted by CITY to construct the Project and all documents therein.
CONSULTANT means the entity named on the cover page of this Agreement and its
officers, partners, employees, agents, and representatives, and all its subconsultants, if
any, and all other persons or entities for which CONSULTANT is legally responsible.
ENGINEER means CITY’s City Engineer.
Final Compensation means the final amounts paid by CITY to CONSULTANT for
completed services under this Agreement.
Final Payment means the final amounts paid by CITY to CONSTRUCTION
CONTRACTOR for completed work under the construction contract.
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 2
Opinion of Probable Construction Cost means CONSULTANT’S estimate of probable
construction cost for a Project based on its experience and qualifications as a practitioner
of its profession and the current costs in the local area.
OWNER means the City of Schertz, Texas.
Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work
performed under the Construction Contract Documents.
Plans and Specifications means the construction documents.
Project means the capital improvement/construction development undertaking of CITY
for which CONSULTANT’S services, as stated in the Scope of Services, and to be
provided pursuant to this Agreement.
Proposal means CONSULTANT’S proposal to provide services for the Project.
Schedule of Values means the fees allocated to services, reimbursable and/or various
portions of the services or Work, prepared in such form, and supported by such data to
substantiate its accuracy as OWNER may require.
Scope of Services means the services described in Article 4, Scope of Services.
Services means professional services performed by CONSULTANT.
Total Compensation means the amount paid to CONSULTANT under Article 2,
Compensation for Basic Services, of this Agreement.
Work means the labor and materials required to complete a Project by
CONSTRUCTION CONTRACTOR in accordance with the Construction Contract
Documents.
ARTICLE 2: SCOPE OF SERVICES
2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of
the Project and being notified in writing to proceed. The scope of the Project and
CONSULTANT'S Services required shall be reduced by CONSULTANT to a written
summary of the scope meeting. That Scope of Services and associated time schedule,
along with cost, once approved by CITY, will be included as a part of this Agreement as
Attachments 1 and 2 herein. Should the scope subsequently change, either
CONSULTANT or CITY may request a review of the anticipated services, with an
appropriate adjustment in compensation.
2.2 Communications by and with CONSULTANT'S subconsultants shall be through
CONSULTANT. Communications by and with subcontractors and material suppliers shall
be through CONSTRUCTION CONTRACTOR.
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 3
2.3 CONSULTANT, in consideration for the Compensation herein provided, shall render the
professional Services described in this Section that are necessary for the development of
the Project, including plans and specifications, construction management services, any
special and general conditions, and instructions to bidders as acceptable to the Engineer,
or his or her duly authorized representative.
2.4 CONSULTANT shall complete a Project in accordance with the following phases and
CONSULTANT'S Scope of Services attached and incorporated herein as Attachments 1
and 2.
2.4.1 PROJECT DESIGN PHASES
2.4.2 Preliminary Engineering Report
2.4.3 30% Design
2.4.4 60% Design
2.4.5 90% Design
2.4.6 Bid Documents and Services
2.4.7 Construction Phase Services
2.4.8 Project Close Out and Final Payment
2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a
Phase of work, as set forth in the Scope of Services, Engineer shall authorize
CONSULTANT, in writing, to proceed with the next phase of Work.
2.6 During Design Phases CONSULTANT shall:
2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate
throughout the Project. Assist staff at meetings with stakeholders, workshops,
and presentations to advisory commissions and City Council.
2.6.2 Provide the necessary field survey services to determine the existing field
conditions, including all utilities and surface features to the maximum extent
possible.
2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where
possible.
2.6.4 In the event electrical, communication, gas or other facilities are encountered,
CONSULTANT shall identify and incorporate those facilities at the completion of
each Project Phase in order to determine the magnitude of any potential
adjustment.
2.6.5 Perform the necessary testing to determine the existing site conditions and proper
design for construction and methods of any necessary demolition.
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 4
2.6.6 Follow and comply with the requirements for the Design Phases listed in this
Agreement, CITY’S Unified Development Code, if applicable, and CITY’S
Design Guidance Manual, both of which are incorporated by reference herein.
2.6.7 In case of conflicts, follow and comply with the most stringent requirements for
the Design Phases.
2.6.8 Prepare documents for, and coordinate with other utilities and associated local,
state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as
required for the approval of all necessary permits (determined during scoping for
each individual project).
2.6.9 Provide detailed plans and specifications for the Project at appropriate progress
intervals in requested formats (may include hard copy, .pdf, and .dwg).
2.6.10 Provide Opinion of Probably Construction Cost.
2.7 During Bid Phase CONSULTANT shall:
2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents.
2.7.2 Provide bid sets of contract, technical specifications, plans, and any other
necessary documents in hard copy and digital format.
2.7.3 Attend pre-bid conference and prepare responses to questions and addenda as
necessary.
2.7.4 Research qualifications and references of apparent low bidder(s) and provide a
letter of recommendation for contract award.
2.8 During Construction Phase:
2.8.1 CONSULTANT shall monitor construction schedule.
2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site
at intervals appropriate to the Phases to (1) become generally familiar with and to
keep CITY informed about the progress and quality of the portion of the Work
completed, and (2) endeavor to guard CITY against defects in Work. However,
CONSULTANT will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work.
2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible
for, the construction means, methods, techniques, sequences or procedures, or for
the safety precautions and programs in connection with the Work since these are
solely CONSTRUCTION CONTRACTOR’S rights and responsibilities under the
Contract Documents. CONSULTANT'S efforts will be directed toward providing
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 5
for CITY a greater degree of confidence that the completed Work will generally
conform to the Contract Documents.
2.8.4 CONSULTANT will not be responsible for CONSTRUCTION
CONTRACTOR’S failure to perform the Work in accordance with the
requirements of the Contract Documents. CONSULTANT will not have control
over or charge of and will not be responsible for acts or omissions of
CONSTRUCTION CONTRACTOR, subcontractors, or their agents or
employees, or any other persons or entities performing portions of the Work.
2.8.5 CONSULTANT and CITY have authority to reject Work that does not conform to
the Contract Documents. Whenever CONSULTANT or CITY considers it
necessary or advisable, either CITY or CONSULTANT may require inspection or
testing of the Work whether or not such Work is fabricated, installed or
completed. However, neither this authority of CONSULTANT or CITY, nor a
decision made by either, in good faith, to require or not require an inspection shall
give rise to a duty or responsibility of CONSULTANT or CITY to
CONSTRUCTION CONTRACTOR, subcontractors, material and equipment
suppliers, agents or employees, or other persons or entities performing portions of
the Work.
2.8.6 CONSULTANT will review and approve or take other appropriate action upon
CONSTRUCTION CONTRACTOR'S submittals such as Shop Drawings,
Product Data and Samples, but only for the limited purpose of checking for
conformance with information given and the design concept expressed in the
Contract Documents. CONSULTANT will respond to submittals such as Shop
Drawings, Product Data, and Samples pursuant to the procedures set forth in the
Project specifications. Review of such submittals is not conducted for the purpose
of determining the accuracy and completeness of equipment or systems, all of
which remain the responsibility of CONSTRUCTION CONTRACTOR as
required by the Contract Documents. CONSULTANT'S review of
CONSTRUCTION CONTRACTOR’S submittals shall not relieve
CONSTRUCTION CONTRACTOR of its obligations. CONSULTANT'S review
shall not constitute approval of safety precautions or any construction means,
methods, techniques, sequences or procedures unless otherwise specifically stated
by CONSULTANT. CONSULTANT'S approval of a specific item shall not
indicate approval of an assembly of which the item is a component.
2.8.7 CONSULTANT will, within three work days after receipt of CONSTRUCTION
CONTRACTOR’S Application for Payment review the Application for Payment
and either issue to OWNER and/or the affected utility a Certificate for Payment
for such amount as CONSULTANT determines is properly due, or notify
OWNER, any affected utility, and CONSTRUCTION CONTRACTOR in writing
of CONSULTANT’S reasons for withholding recommendation of approval in
whole or in part.
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 6
2.8.8 CONSULTANT’S issuance of a Certificate for Payment will constitute a
representation by CONSULTANT to OWNER, based on CONSULTANT’S
evaluation of the Work and the data comprising the Application for Payment, that
the Work has progressed to the point indicated and that, to the best of
CONSULTANT’S knowledge, information and belief, the quality of the work is
in accordance with the design agreement documents or Construction Contract
Documents. The foregoing representations are subject to an evaluation of the
Work for conformance with the design agreement documents, to results of
subsequent tests and inspections, to correction of minor deviations from the
design agreement documents prior to completion, and to any specific
qualifications expressed by CONSULTANT. The issuance of a Certificate for
Payment based on the CONSTRUCTION CONTRACTOR’S Application for
Payment will further constitute a representation that CONSTRUCTION
CONTRACTOR is entitled to payment in accordance with the Schedule of
Values. The issuance of Certificate for Payment will not be a representation that
CONSULTANT has (1) made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work, (2) reviewed construction means,
methods, techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by
OWNER to substantiate Construction Contractor’s right to payment, or (4) made
any examination to ascertain how or for what purpose CONSTRUCTION
CONTRACTOR has used money previously paid on account of the Application
for Payment sum.
2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole
or in part, to the extent reasonably necessary to protect OWNER if, in
CONSULTANT’S opinion, the representations to OWNER required by Section
4.13 cannot be made. If CONSULTANT is unable to recommend approval of
payment in the amount of the Application, CONSULTANT will notify OWNER
and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER
and CONSULTANT cannot agree on a revised amount, CONSULTANT will
promptly issue a Certificate for Payment for the amount for which
CONSULTANT is able to make such representations to OWNER.
CONSULTANT may also recommend withholding a Payment, because of
subsequently discovered evidence, may modify the whole or a part of a Certificate
for Payment to such extent as may be necessary, in CONSULTANT’S opinion, to
protect OWNER and the affected utility from loss for which CONSTRUCTION
CONTRACTOR is responsible, including loss resulting from acts and omissions
described below:
2.8.9.1 defective Work not remedied;
2.8.9.2 third party claims filed or reasonable evidence indicating probable
filing of such claims for which CONSTRUCTION CONTRACTOR is
responsible hereunder unless security acceptable to OWNER and the
affected utility is provided by CONSTRUCTION CONTRACTOR; Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 7
2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments
properly to the subcontractors and/or material providers;
2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid
balance of the agreement sum and CONSTRUCTION CONTRACTOR
has failed to provide OWNER and the affected utility adequate
assurance of its continued performance within a reasonable time after
demand;
2.8.9.5 damage to OWNER or another contractor;
2.8.9.6 reasonable evidence that the Work will not be completed within the
agreement time, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay; or
2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out
the Work in accordance with the Construction Contract Documents.
2.8.10 When the above reasons for withholding payment are removed, payment will be
made for amounts previously withheld. OWNER shall not be deemed in default
by CONSULTANT by reason of withholding payment as provided herein.
2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and,
with concurrence of OWNER, OWNER’S designated representative will have
authority to order minor changes in the Work not involving an adjustment in the
Total Compensation or an extension of the time for construction. Such changes
shall be effected by written order, which CONSTRUCTION CONTRACTOR
shall carry out promptly and record on the as-built plan.
2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR,
CONSULTANT will issue its interpretation of the requirements of the Plans and
Specifications. CONSULTANT'S response to such requests will be made in
writing within any agreed time limits or otherwise with reasonable promptness. If
no agreement is made concerning the time within which interpretations required
by CONSULTANT shall be furnished in compliance with Article IV, then delay
shall not be recognized on account of failure by CONSULTANT to furnish such
interpretations until 15 days after written request is made for CONSULTANT’S
interpretation.
2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and
reasonably inferable from the Construction Contract Documents and will be in
writing or in the form of drawings.
2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to
CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but
CITY reserves the right to issue instructions directly to CONSTRUCTION
CONTRACTOR through inspectors or other designated CITY representatives. Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 8
2.8.15 CONSULTANT and CITY will conduct observations to determine the date of
substantial completion of the Work. CONSULTANT shall provide to CITY a
written recommendation of consideration of substantial completion of the Project.
2.8.16 CONSULTANT and CITY will conduct observations to determine the date of
final completion. CONSULTANT will receive and forward to CITY, for CITY'S
review and records, written warranties and related documents required by the
Construction Contract Documents and assembled by CONSTRUCTION
CONTRACTOR, and will issue a final Approval for Payment upon compliance
with the requirements of the Construction Contract Documents. Such final
Approval will be accompanied by a signed and sealed statement from the
CONSULTANT’S Engineer of Record that certifies to CITY that the project was
constructed in accordance with the approved plans and specifications.
2.8.17 CONSULTANT shall prepare record drawings from information submitted by
CONSTRUCTION CONTRACTOR and from CONSULTANT’S own
observations in accordance with City standards. CONSULTANT shall provide
record drawings in hard copy, .pdf, and .dwg formats to CITY.
ARTICLE 3: COMPENSATION FOR SERVICES
3.1 Basic Services
3.1.1 Compensation for all Services included in this Agreement will be on a time and
expense not-to-exceed basis in accordance with the negotiated, approved schedule
of billing rates as set forth in Attachment 3. Not-to-exceed compensation
amounts, to the extent they have been negotiated shall be reflected in Attachment
3. A Proposal including a not-to-exceed cost will be provided by
CONSULTANT along with a Scope of Services for each Project (Attachments 1
and 2). The amount to be paid to CONSULTANT, including authorized
adjustments, is the total amount payable by OWNER to CONSULTANT for
performance of the Services for the Project under this Agreement. It is agreed
and understood that such amount will constitute full compensation to
CONSULTANT for Services included in the Scope of Services and shall meet all
requirements of CITY’S design guidelines applicable to the Project. Unless and
until CITY makes further appropriations for any Services not included in the
Scope of Services of this Agreement, the obligation of CITY to CONSULTANT
for Compensation in connection with this Agreement cannot and will not exceed
the sum described in this Section without further amendment to this Agreement.
3.1.2 No billing rate changes from those approved as Attachment 3 of this Agreement
shall be made during the term of this Agreement without the prior written
approval of CITY.
3.1.3 CONSULTANT shall submit monthly invoices to CITY describing the Services
performed the preceding month. CONSULTANT’S invoices shall include the
name of the person who performed the Service, a brief description of the Service Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 9
performed and the Phase of the Project to which the Service relates, the date(s)
the Service was performed, the number of hours spent on all Services billed on an
hourly basis, and a description of any subconsultant fees and/or reimbursable
expenditures.
3.1.4 CITY shall reimburse CONSULTANT only for those costs or expenses
specifically approved in this Agreement, or specifically approved in advance by
CITY. Unless otherwise approved, such costs shall be limited and include
nothing more than the following costs incurred by CONSULTANT:
3.1.4.1 Approved reproduction charges,
3.1.4.2 Actual costs of subconsultant(s) for performance of any of the Services
that CONSULTANT agrees to provide pursuant to this Agreement,
which have been approved in advance by CITY and awarded in
accordance with this Agreement.
3.1.4.3 Actual costs and/or other costs and/or payments specifically authorized
in advance by the CITY in writing and incurred by CONSULTANT in
the performance of this Agreement.
3.1.5 CONSULTANT shall complete the Project in accordance with the following
phases. For the purpose of establishing portions of compensation for separate
phases, more particularly described in the Scope of Services, Attachment 2 shall
apply.
Preliminary Engineering Report
30% Design
60% Design
90% Design
Bid Documents and Services
Construction Phase Services
Project Close Out and Final Payment
3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation from
OWNER, pay all bills for Services performed and furnished hereunder by
subconsultant(s) of CONSULTANT in connection with the Project and the
performance of services and shall, if requested, provide OWNER with evidence
of such payment. CONSULTANT'S failure to make payments within such time
shall constitute a material breach of this Agreement unless CONSULTANT is
able to demonstrate to OWNER bona fide disputes associated with the Services of
the unpaid subconsultant and its services. CONSULTANT shall include a
provision in each of its sub agreements imposing the same payment obligations on
its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER
so requests, shall provide evidence of such payments by CONSULTANT to
OWNER. If CONSULTANT has failed to make payment promptly to the
subconsultant for undisputed Services for which OWNER has made payment to Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 10
CONSULTANT, OWNER shall be entitled to withhold future payment to
CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to
protect OWNER.
3.1.7 CONSULTANT warrants that title to all deliverables produced in the
performance of Services covered by an Application for Compensation will pass to
OWNER no later than the time of payment. CONSULTANT further warrants that
upon submittal of an Application for Compensation, all Services for which
Applications for Compensation have been previously issued and payments
received from OWNER shall, to the best of CONSULTANT'S knowledge,
information and belief be free and clear of liens, claims, security interests or
encumbrance in favor of CONSULTANT, or other persons or entities under
contract with CONSULTANT making a claim by reason of having provided labor
or services relating to CONSULTANT’S Services. CONSULTANT SHALL
INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS,
CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY
ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED
BY PAYMENTS MADE BY OWNER TO CONSULTANT.
3.2 Additional Services
3.2.1 CONSULTANT shall not receive any compensation for additional Services
without prior written authorization of CITY. Compensation for duly authorized
additional Services shall be paid in accordance with the approved schedule of
billing rates as set forth in Attachment 3.
3.2.2 Examples of additional Services (not all inclusive)
3.2.2.1 Assistance to CITY as an expert witness in any litigation with third
parties arising from the development of construction of a Project
including the preparation of engineering data and reports.
3.2.2.2 Preparation of plats and field notes for acquisition of property.
3.2.2.3 Preparation of applications and supporting documents for governmental
grants, loans, or advances in connection with a Project; preparation of
review of environmental assessment and impact statements; review and
evaluation of the effect on the design requirements of a Project of any
such statements and documents prepared by others; and assistance in
obtaining approval of authorities having jurisdiction over the
anticipated environmental impact of a Project.
3.2.2.4 Making revisions in drawings, specifications, or other documents when
such revisions are inconsistent with written approvals or instructions
previously given, are required by the enactment or revision of codes,
laws, or regulations subsequent to the preparation of such documents or Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 11
are due to other causes not solely within the control of
CONSULTANT.
3.2.2.5 Making revisions to drawings or specifications occasioned by
acceptance of substitutions proposed by CONSTRUCTION
CONTRACTOR; and Services after the award of each contract in
evaluating and determining the acceptability of an unreasonable or
excessive number of substitutions proposed by CONSTRUCTION
CONTRACTOR.
3.2.2.6 Preparing drawings, specifications, and supporting data and providing
other Services in connection with change order requests to the extent
that the adjustment in the basic compensation resulting from the
adjusted construction cost is not commensurate with the Services
required of CONSULTANT, provided such change order requests are
required by causes not solely within the control of CONSULTANT; or
in connection with change orders requiring significant engineering
effort to compute and document the Work effort reflected by the
Change Order.
3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of
facilities, construction and/or services not required by Project scope.
3.2.2.8 Investigations, surveys, audit, or inventories required in connection
with construction performed by CITY.
3.2.2.9 Additional Services during construction made necessary by:
3.2.2.9.1 Work damaged by fire or other cause during construction.
3.2.2.9.2 A significant amount of defective or neglected work of
CONSTRUCTION CONTRACTOR.
3.2.2.9.3 Failure of performance of CONSTRUCTION
CONTRACTOR.
3.2.2.9.4 Acceleration of the progress schedule required by CITY
involving Services beyond normal working hours.
3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR.
3.2.2.10 Providing extensive assistance in the use of any equipment or system
such as initial start-up or testing, adjusting and balancing, preparation
of operation and maintenance manuals, training personnel for operation
and maintenance, and consultation during operation.
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 12
3.2.2.11 Providing Services relative to future facilities, systems, and equipment
which are not intended to be constructed during the Construction Phase.
3.2.2.12 Services after completion of the Construction Phase, such as
inspections during any guarantee period and reporting observed
deficiencies under guarantee called for in any contract for a Project.
3.2.2.13 Providing Services of geotechnical engineering firm to perform test
borings and other soil or foundation investigations and related analysis
not included in original Scope of Services for a Project.
3.2.2.14 Additional copies of Construction Contract Documents, review
documents, bidding documents, reports, and or drawings over the
number specified in the original Scope of Services for a Project.
3.2.2.15 Preparation of all documents dealing with 404 permits and railroad
agreements.
3.2.2.16 Providing photographs, renderings, or models for CITY use.
3.2.2.17 Providing aerial mapping Services.
3.2.2.18 Providing consulting engineering Services not related to a particular
design or construction Project.
3.3 All Applications for Compensation shall be submitted through Engineer’s office.
ARTICLE 4: METHOD OF PAYMENT
4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly
Applications for Compensation prepared based on hourly rates, not to exceed amounts
estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof.
4.2 Project Close Out and Final Payment –
4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits
to OWNER its affidavit that the invoices for services, and other liabilities
connected with the services for which OWNER, or OWNER’S property, might be
responsible have been fully paid or otherwise satisfied or will be paid from final
payment; releases and waivers of liens from all CONSULTANT’S subconsultants
and of any and all other parties required by OWNER that are either unconditional
or conditional on receipt of final payment; certificates of insurance showing
continuation of required insurance coverage; such other documents as OWNER
may request; and consent of surety to final payment.
4.2.2 Final Compensation – The final compensation to be made by CITY to
CONSULTANT will be payable upon submission of the “Record Drawings”. Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 13
CONSULTANT agrees to submit “Record Drawings: in print media, electronic
format (.pdf and .dwg formats) and final billing within 45 days of final acceptance
of construction. Additionally, CONSULTANT agrees to submit a statement of
release with the final billing notifying CITY that there is no further compensation
owed to CONSULTANT by CITY beyond the final bill. Final billing shall
indicate “Final Bill – no additional compensation is due to CONSULTANT”.
4.3 OWNER may withhold compensation to such extent as may be necessary, in OWNER'S
opinion, to protect OWNER from damage or loss for which CONSULTANT is
responsible, because of,
4.3.1 delays in the performance of CONSULTANT'S services;
4.3.2 third party claims filed or reasonable evidence indicating probable filing of such
claims unless security acceptable to OWNER is provided by CONSULTANT;
4.3.3 failure of CONSULTANT to make payments properly to subconsultants or
vendors for labor, materials or equipment;
4.3.4 reasonable evidence that CONSULTANT’S work cannot be completed for the
amount unpaid under this Agreement;
4.3.5 damage to OWNER or CONSTRUCTION CONTRACTOR; or
4.3.6 persistent failure by CONSULTANT to carry out the performance of its Services
in accordance with this Agreement.
4.4 When the above reasons for withholding are removed or remedied by CONSULTANT,
compensation of the amount withheld will be made within a reasonable time. OWNER
shall not be deemed in default by reason of withholding compensation as provided for in
this Article.
4.5 In the event of any dispute(s) between the parties regarding the amount properly payable
for any Phase or as final Compensation, or regarding any amount that may be withheld by
OWNER, CONSULTANT shall be required to make a claim pursuant to and in
accordance with the terms of this Agreement and follow the procedures provided herein
for the resolution of such dispute. In the event CONSULTANT does not initiate and
follow the claims procedures provided in this Agreement in a timely manner and as
required by the terms thereof, any such claim shall be waived.
4.6 OWNER shall make final compensation for all sums due CONSULTANT not more than
30 days after CONSULTANT’S final Application for Compensation.
4.7 Acceptance of final compensation by CONSULTANT shall constitute a waiver of claims
except those previously made in writing and identified by CONSULTANT as unsettled at
the time of final Application for Compensation.
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 14
4.8 CONSULTANT agrees to maintain adequate books, payrolls and records satisfactory to
OWNER and all applicable utility providers in connection with any and all Services
performed hereunder. CONSULTANT agrees to retain all such books, payrolls and
records (including data stored in computer) for a period of not less than four years after
completion of Work. At all reasonable times, OWNER and all applicable utility providers
and their duly authorized representatives shall have access to all personnel of
CONSULTANT and all such books, payrolls and records, and shall have the right to audit
same.
ARTICLE 5: TIME, SCHEDULE, AND PERIOD OF SERVICE
5.1 Prior to commencement, CONSULTANT shall provide CITY with a schedule of Project
Design Phases, Attachment 2.
5.2 Time is of the essence of this Agreement. CONSULTANT shall perform and complete its
obligations for the various Phases of a Project under Section 4, Scope of Services, of this
Agreement in a prompt and continuous manner so as to not delay the development of the
design Services and so as to not delay the construction of the work for the Project in
accordance with the schedules approved by CITY with CONSTRUCTION
CONTRACTOR. Upon review of phase Services, if corrections, modifications,
alterations, or additions are required of CONSULTANT, these items shall be completed
by CONSULTANT before that Phase is approved.
5.3 CONSULTANT shall not proceed with the next appropriate Phase of Services without
written authorization from the Engineer. CITY may elect to discontinue
CONSULTANT'S Services at the end of any Phase for any reason. Notwithstanding any
other provisions of this Agreement, if circumstance dictates, the Engineer may make
adjustments to the scope of CONSULTANT'S obligations at any time to achieve the
required design.
5.4 CONSULTANT shall not be liable or responsible for any delays due to strikes, riots, acts
of God, national emergency, acts of the public enemy, governmental restrictions, laws or
regulations, or any other causes beyond CONSULTANT'S reasonable control. Within 21
days from the occurrence of any event for which time for performance by
CONSULTANT will be significantly extended under this provision, CONSULTANT
shall give written notice thereof to CITY stating the reason for such extension and the
actual or estimated time thereof. If CITY determines that CONSULTANT is responsible
for the need for extended time, CITY shall have the right to make a Claim as provided in
this Agreement.
5.5 Term of Agreement shall be as follows:
5.5.1 This Agreement shall become effective upon ___________ and shall remain in
effect until satisfactory completion of the Project unless terminated as provided
for in this Agreement.
ARTICLE 6: COORDINATION WITH CITY Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 15
6.1 CONSULTANT shall hold periodic conferences with the Engineer or his or her
representatives to the end that the Project as developed shall have the full benefit of
CITY'S experience and knowledge of existing needs and facilities, and be consistent with
its current policies and standards. To assist CONSULTANT in this coordination, CITY
shall make available for CONSULTANT'S use in planning and designing the Project all
existing plans, maps, statistics, computations and other data in its possession relative to
existing facilities and to this particular Project, at no cost to CONSULTANT. However,
any and all such information shall remain the property of CITY and shall be returned by
CONSULTANT upon termination or completion of the Project or if instructed to do so by
the Engineer.
6.2 The Engineer will act on behalf of CITY with respect to the Services to be performed
under this Agreement. The Engineer shall have complete authority to transmit
instructions, receive information, interpret and define CITY’S policies and decisions with
respect to materials, equipment, elements and systems pertinent to CONSULTANT'S
services.
6.3 CITY will give prompt written notice to CONSULTANT whenever CITY observes or
otherwise become aware of any defect in CONSULTANT'S Services, in the work of
CONSTRUCTION CONTRACTOR, or any development that affects the scope or timing
of CONSULTANT'S Services.
6.4 All appraisals, notices, and permits shall be furnished by CONSULTANT under the Scope
of Services unless otherwise assigned to CITY in the Scope of Services, Approvals and
permits assigned to CITY shall be obtained from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as may be
necessary for the completion of the Project. CONSULTANT will provide CITY
reasonable assistance in connection with such approvals and permits such as the
furnishing of data compiled by CONSULTANT pursuant to other provisions of this
Agreement, but CONSULTANT shall not be obligated to develop additional data, prepare
extensive reports or appear at hearings or the like unless compensated therefore under
other provisions of this Agreement.
ARTICLE 7: REVISIONS TO DRAWINGS AND SPECIFICATIONS
7.1 CONSULTANT shall make without expense to CITY such revisions to the drawings,
reports or other documents as may be required to meet the needs of CITY which are
within the Scope of Services, but after the approval of drawings, reports or other
documents and specifications by CITY, any revisions, additions, or other modifications
made at CITY'S request which involve extra services and expenses to CONSULTANT
shall be at additional compensation to CONSULTANT for such additional Services and
expenses in accordance with Article 3 herein.
ARTICLE 8: OWNERSHIP OF DOCUMENTS
8.1 All previously owned documents, including the original drawings, estimates,
specifications, and all other documents and data by CONSULTANT, will remain the Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 16
property of CONSULTANT as instruments of service. However, CONSULTANT
understands and agrees that CITY shall have free access to all such information with the
right to make and retain copies of previously owned drawings, estimates, specifications
and all other documents and data. Any reuse without specific written verification or
adaptation by CONSULTANT will be at CITY'S sole risk and without liability or legal
exposure to CONSULTANT.
8.2 All completed documents submitted by CONSULTANT for final approval or issuance of
a permit shall bear the seal with signature and date adjacent thereto of a registered
professional engineer licensed to practice in the State of Texas.
8.3 CONSULTANT acknowledges and agrees that upon payment, CITY shall own
exclusively any and all information in whatsoever form and character produced and/or
maintained in accordance with, pursuant to, or as a result of this Agreement and shall be
used as CITY desires and documents, including the original drawings, estimates,
specifications and all other documents and data shall be delivered to CITY at no
additional cost to CITY upon request or termination or completion of this Agreement
without restriction on future use. However, any reuse without specific written verification
or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to
CONSULTANT.
8.4 CONSULTANT agrees and covenants to protect any and all proprietary rights of CITY in
any materials provided to CONSULTANT. Such protection of proprietary rights by
CONSULTANT shall include, but not be limited to, the inclusion in any copy intended for
publication of copyright mark reserving all rights to CITY. Additionally, any materials
provided to CONSULTANT by CITY shall not be released to any third party without the
written consent of CITY and shall be returned intact to CITY upon termination or
completion of this Agreement or if instructed to do so by the Engineer.
8.5 CONSULTANT HEREBY ASSIGNS ALL STATUTORY AND COMMON LAW
COPYRIGHTS TO ANY COPYRIGHTABLE WORK THAT IN PART OR IN
WHOLE WAS PRODUCED FROM THIS AGREEMENT TO CITY, INCLUDING
ALL EQUITABLE RIGHTS. NO REPORTS, MAPS, DOCUMENTS OR OTHER
COPYRIGHTABLE WORKS PRODUCED IN WHOLE OR IN PART BY THIS
AGREEMENT SHALL BE SUBJECT OF AN APPLICATION FOR COPYRIGHT
BY CONSULTANT. ALL REPORTS, MAPS, PROJECT LOGOS, DRAWINGS OR
OTHER COPYRIGHTABLE WORK PRODUCED UNDER THIS AGREEMENT
SHALL BECOME THE PROPERTY OF CITY (EXCLUDING ANY PRIOR
OWNED INSTRUMENT OF SERVICES, UNLESS OTHERWISE SPECIFIED
HEREIN). CONSULTANT SHALL, AT ITS EXPENSE, INDEMNIFY CITY AND
DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY AND
PAY ANY AWARD OF DAMAGES OR LOSS RESULTING FROM AN
INJUNCTION, AGAINST CITY, INSOFAR AS THE SAME ARE BASED ON ANY
CLAIM THAT MATERIALS OR WORK PROVIDED UNDER THIS
AGREEMENT CONSTITUTE AN INFRINGEMENT OF ANY PATENT, TRADE
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 17
SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY RIGHTS.
8.6 CONSULTANT may make copies of any and all documents and items for its files.
CONSULTANT shall have no liability for changes made to or use of the drawings,
specifications and other documents by other engineers, or other persons, subsequent to the
completion of the Project. CONSULTANT shall appropriately mark all changes or
modifications on all drawings, specifications and other documents by other engineers or
other persons, including electronic copies, subsequent to the completion of the Project.
8.7 Copies of documents that may be relied upon by CITY are limited to the printed copies
(also known as hard copies) and .pdf-format electronic versions that are sealed and signed
by CONSULTANT. Files in editable electronic media format of text, data, graphics, or
other types (such as .dwg) that are furnished by CONSULTANT to CITY are only for
convenience of CITY or any utility. Any conclusion or information obtained or derived
from such electronic files will be at the user's sole risk. Any reuse without specific written
verification or adaptation by CONSULTANT will be at CITY'S sole risk and without
liability to CONSULTANT.
8.8 Notwithstanding anything to the contrary contained herein, all previously owned
intellectual property of CONSULTANT, unless expressly purchased by CITY, including
but not limited to any computer software (object code and source code), tools, systems,
equipment or other information used by CONSULTANT or its suppliers in the course of
delivering the Services hereunder, and any know-how, methodologies, or processes used
by CONSULTANT to provide the services or protect deliverables to CITY, including
without limitation, all copyrights, trademarks, patents, trade secrets, and any other
proprietary rights inherent therein and appurtenant thereto shall remain the sole and
exclusive property of CONSULTANT or its suppliers.
ARTICLE 9: TERMINATION AND/OR SUSPENSION OF WORK
9.1 Right of Either Party to Terminate for Default
9.1.1 This Agreement may be terminated by either party for substantial failure by the
other party to perform (through no fault of the terminating party) in accordance
with the terms of this Agreement and a failure to cure as provided in this Article
9.
9.1.2 The party not in default must issue a signed, written notice of termination (citing
this paragraph) to the other party declaring the other party to be in default and
stating the reason(s) why they are in default. Upon receipt of such written notice
of default, the party in receipt shall have a period of ten days to cure any failure to
perform under this Agreement. Upon the completion of such 10-day period
commencing upon receipt of notice of termination, if such party has not cured any
failure to perform, such termination shall become effective without further written
notice. Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 18
9.2 Right of CITY to Terminate
9.2.1 CITY reserves the right to terminate this Agreement for reasons other than
substantial failure by CONSULTANT to perform by issuing a signed, written
notice of termination (citing this paragraph) which shall take effect on the
twentieth day following receipt of said notice or upon the scheduled completion
date of the performance Phase in which CONSULTANT is then currently
working, whichever effective termination date occurs first.
9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate
9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the
convenience of CITY by issuing a signed, written notice of suspension (citing this
paragraph) which shall outline the reasons for the suspension and the expected
duration of the suspension, but such expected duration shall in no way guarantee
what the total number of days of suspension will occur. Such suspension shall
take effect immediately upon receipt of said notice of suspension by
CONSULTANT.
9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement
in the event such suspension extends for a period in excess of 120 days.
CONSULTANT may exercise this right to terminate by issuing a
signed, written notice of termination (citing this paragraph) to CITY
after the expiration of 120 days from the effective date of the
suspension. Termination (under this paragraph) shall become effective
immediately upon receipt of said written notice by CITY.
9.4 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Termination
9.4.1 Upon receipt of a notice of termination and prior to the effective date of
termination, unless the notice otherwise directs or CONSULTANT immediately
takes action to cure a failure to perform under the cure period set out in this
Article. CONSULTANT shall immediately begin the phase-out and the
discontinuance of all services in connection with the performance of this
Agreement and shall proceed to promptly cancel all existing orders and contracts
insofar as such orders and contracts are chargeable to this Agreement. Within 30
days after receipt of such notice of termination (unless CONSULTANT has
successfully cured a failure to perform) CONSULTANT shall submit a statement
showing in detail the Services performed under this Agreement prior to the
effective date of termination. CITY shall have the option to grant an extension to
the time period for submittal of such statement.
9.4.2 Copies of all completed or partially completed specifications and all
reproductions of all completed or partially completed designs, plans and
attachments prepared under this Agreement prior to the effective date of
termination shall be delivered to CITY, in the form requested by CITY as a Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 19
precondition to final payment. These documents shall be subject to the restrictions
and conditions set forth in Article IX above.
9.4.3 Upon the above conditions being met, CITY shall promptly pay CONSULTANT
that proportion of the prescribed Compensation which the Services actually
performed under this Agreement bear to the total Services called for under this
Agreement, less previous payments of the Compensation.
9.4.4 CITY, as a public entity, has a duty to document the expenditure of public funds.
CONSULTANT acknowledges this duty on the part of CITY. To this end,
CONSULTANT understands that failure of CONSULTANT to comply with the
submittal of the statement and documents as required above shall constitute a
waiver by CONSULTANT of any and all rights or claims for compensation for
services performed under this Agreement by CONSULTANT.
9.4.5 Failure of CONSULTANT to comply with the submittal of the statement and
documents as required above shall constitute a waiver by CONSULTANT of any
and all rights or claims to collect monies that CONSULTANT may otherwise be
entitled to for services performed under this Agreement.
9.5 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Suspension
9.5.1 Upon receipt of written notice of suspension, which date shall also be the
effective date of the suspension, CONSULTANT shall, unless the notice
otherwise directs, immediately begin to phase-out and discontinue all services in
connection with the performance of this Agreement and shall proceed to promptly
suspend all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement.
9.5.2 CONSULTANT shall prepare a statement showing in detail the Services
performed under this Agreement prior to the effective date of suspension.
9.5.3 Copies of all completed or partially completed designs, plans, and specifications
prepared under this Agreement prior to the effective date of suspension shall be
prepared for possible delivery to CITY but shall be retained by CONSULTANT
until such time as CONSULTANT may exercise the right to terminate.
9.5.4 In the event that CONSULTANT exercises the right to terminate 120 days after
the effective suspension date, within 30 days after receipt by CITY of
CONSULTANT'S notice of termination, CONSULTANT shall promptly cancel
all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement and shall submit the above referenced statement
showing in detail the services performed under this Agreement prior to the
effective date of suspension.
9.5.5 Any documents prepared in association with this Agreement shall be delivered to
CITY as a precondition to final payment. Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 20
9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that
proportion of the prescribed Compensation which the Services actually performed
under this Agreement bear to the total Services called for under this Agreement,
less previous payments of Compensation.
9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds.
CONSULTANT acknowledges this duty on the part of CITY. To this end,
CONSULTANT understands that failure of Consultant to substantially comply
with the submittal of the statements and documents as required herein shall
constitute a waiver by CONSULTANT of any portion of the Compensation for
which CONSULTANT did not supply such necessary statements and/or
documents.
ARTICLE 10: CONSULTANT’S WARRANTY
10.1 CONSULTANT warrants that it has not employed or retained any company or person
other than a bona fide employee working solely for CONSULTANT to solicit or secure
this Agreement, and that it has not, for the purpose of soliciting or securing this
Agreement, paid or agreed to pay any company or person, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement. For breach of this warranty, CITY shall have the
right to terminate this Agreement under the provisions of Article 9 above.
ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST
11.1 CONSULTANT shall not assign or transfer its interest in this Agreement without the prior
written consent of CITY.
ARTICLE 12: INSURANCE REQUIREMENTS
12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall
furnish copies of all required endorsements and an original completed Certificate(s) of
Insurance to CITY'S Engineering Department, which shall be clearly identified with the
name of the Project in the Description of Operations block of the Certificate. The original
Certificate(s) shall be completed by an agent and signed by a person authorized by that
insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or
Binders as proof of insurance. The original certificate(s) or form must have the agent's
original signature, including the signer's company affiliation, title and phone number, and
be mailed, with copies of all applicable endorsements, directly from the insurer's
authorized representative to CITY. CITY shall have no duty to pay or perform under this
Agreement until such certificate and endorsements have been received and approved by
CITY'S Engineering Department. No officer or employee other than CITY'S Risk
Manager shall have authority to waive this requirement.
12.2 CITY reserves the right to review the insurance requirements of this Article during the
effective period of this contract and any extension or renewal hereof and to request
modification of insurance coverage’s and their limits when deemed necessary and prudent Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 21
by CITY'S Risk Manager based upon changes in statutory law, court decisions, or
circumstances surrounding this contract. In no instance will CITY allow modification
whereupon CITY may incur increased risk.
12.3 CONSULTANT’S financial integrity is of interest to CITY. Therefore, subject to
CONSULTANT'S right to maintain reasonable deductibles in such amounts as are
approved by CITY, CONSULTANT shall obtain and maintain in full force and effect for
the duration of this Agreement, and any extension hereof, at CONSULTANT'S sole
expense, insurance coverage written on an occurrence or claims made basis, as
appropriate, by companies authorized and approved to do business in the State of Texas
and with an A.M. Best's rating of no less than A- (VII), in the following types and for an
amount not less than the amount listed:
INSURANCE REQUIREMENTS
Worker’s Compensation*
Employer’s Liability
Statutory
$1,000,000/$1,000,000/$1,000,000
Commercial General (Public) Liability
insurance to include coverage for the
following:
a. Premises Operations
b. Independent Contractors**
c. Products/Completed Operations
d. Personal Injury
e. Contractual Liability
For Bodily Injury and Property Damage of
$1,000,000 per occurrence.
$2,000,000 General Aggregate, or its equivalent
in Umbrella or Excess Liability Coverage
Business Automobile Liability
a. Owned/Leased Vehicles
b. Non-owned Vehicles
c. Hired Vehicles
Combined Single Limit for Bodily Injury and
property Damage of $1,000,000 per occurrence
Professional Liability (Claims Made Form) $1,000,000 per claim to pay on behalf of the
insured all sums, which the insured shall
become legally obligated to pay as damages to
the extent caused by any negligent act, error, or
omission in the performance of professional
services.
*Alternate Plans must be approved by CITY’S Risk Manager
**If applicable
12.4 CITY may request and without expense to CITY, to inspect copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by
CITY, and may request the deletion, revision, or modification of particular policy terms, Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 22
conditions, limitations or exclusions (except where policy provisions are established by
law or regulation binding upon either of the parties hereto or the underwriter of any such
policies). CONSULTANT shall attempt to comply with any such requests, subject to the
policy terms and conditions, and shall submit a copy of the replacement certificate of
insurance to CITY at the address provided below within 10 days of the requested change,
in the event the respective insurance companies approve the requested change(s).
CONSULTANT shall pay any costs incurred resulting from said changes.
City of Schertz
Attn: City Engineer
10 Commercial Place
Schertz, TX 78154
12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
12.5.1 Name CITY and its officers, officials, employees, and elected representatives as
additional insured’s by endorsement, as respects operations and activities of, or on
behalf of, the named insured performed under contract with CITY, with the
exception of the workers’ compensation and professional liability policies;
12.5.2 Provide for an endorsement that the “other insurance” clause shall not apply to the
CITY where CITY is an additional insured shown on the policy if such
endorsement is permitted by law and regulations;
12.5.3 Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of CITY; and
12.5.4 Provide 30 calendar days advance written notice directly to CITY of any
suspension, cancellation or non-renewal or material change in coverage, and not
less than 10 calendar days advance written notice for nonpayment of premium.
12.6 Within five calendar days after a suspension, cancellation or non-renewal of coverage,
CONSULTANT shall provide a replacement Certificate of Insurance and applicable
endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S
performance should there be a lapse in coverage at any time during this Agreement.
Failure to provide and to maintain the required insurance shall constitute a material breach
of this Agreement.
12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and
maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct
and retain the amount of the premiums for such insurance from any sums due under the
agreement; however, procuring of said insurance by CITY is an alternative to other
remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT
to maintain said insurance or secure such endorsement. In addition to any other remedies
CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or
policy endorsements to the extent and within the time herein required, CITY shall have Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 23
the right to order CONSULTANT to stop performing services hereunder and/or withhold
any payment(s) which become due to CONSULTANT hereunder until CONSULTANT
demonstrates compliance with the requirements hereof.
12.8 Nothing herein contained shall be construed as limiting in any way the extent to which
CONSULTANT may be held responsible for payments of damages to persons or property
resulting from CONSULTANT'S or its subconsultant's performance of the Services
covered under this Agreement.
12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any
insurance or self insurance carried by CITY for liability arising out of operations under
this Agreement.
12.10 It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this Agreement as respects additional insured’s.
ARTICLE 13: INDEMNIFICATION
13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE
SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES
TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS,
AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS
BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES,
EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND
COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF
ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING
BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH),
PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF
DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR
CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT,
ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE,
CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND
REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF
THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS
OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE
CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE
EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A
COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY
GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW
AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS
LAW. Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 24
13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand
against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of
CONSULTANT’S activities under this Agreement.
13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise, to any other person or
entity.
13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the
responsibility and liability of CONSULTANT, its employees, associates, agents or
subcontractors for the accuracy and competency of their designs, work drawings, Plans
and Specifications or other documents and Work; nor shall such acceptance be deemed an
assumption of responsibility or liability by CITY for any defect in the designs, work
drawings, Plans and Specifications or other documents and Work prepared by
CONSULTANT, its employees, subconsultants, and agents.
ARTICLE 14: CLAIMS AND DISPUTES
14.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of
right, adjustment or interpretation of this Agreement’s terms, payment of money, and
extension of time or other relief with respect to the terms of this Agreement. The term
“Claim” also includes other disputes and matters in question between OWNER and
CONSULTANT arising out of or relating to this Agreement. Claims must be initiated by
written notice. Every Claim of CONSULTANT, whether for additional Compensation,
additional time, or other relief, shall be signed and sworn to by an authorized corporate
officer (if not a corporation, then an official of the company authorized to bind
CONSULTANT by signature) of CONSULTANT, verifying the truth and accuracy of the
Claim. The responsibility to substantiate Claims shall rest with the party making the
Claim.
14.2 Time Limit on Claims. Claims by CONSULTANT or by OWNER must be initiated
within 30 calendar days after occurrence of the event giving rise to such Claim. Claims by
CONSULTANT must be initiated by written notice to OWNER. Claims by the OWNER
must be initiated by written notice to CONSULTANT.
14.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise
agreed in writing, CONSULTANT shall proceed diligently with performance of this
Agreement and OWNER shall continue to make payments in accordance with this
Agreement.
14.4 Claims for Additional Time. If CONSULTANT wishes to make Claim for an increase in
the time for performance, written notice as provided in this Article 14 shall be given.
CONSULTANT'S Claim shall include an estimate of probable effect of delay on progress
of the Work. In the case of a continuing delay only one Claim is necessary.
14.5 Claims for Consequential Damages. Except as otherwise provided in this Agreement, in
calculating the amount of any Claim or any measure of damages for breach of contract Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 25
(such provision to survive any termination following such breach), the following
standards will apply both to claims by CONSULTANT and to claims by OWNER:
14.5.1 No consequential damages will be allowed.
14.5.2 Damages are limited to extra costs specifically shown to have been directly
caused by a proven wrong for which the other party is claimed to be responsible.
14.5.3 No profit will be allowed on any damage claim.
14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL
BE CONSTRUED TO WAIVE OWNER’S GOVERNMENTAL IMMUNITY
FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE
EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE
LAW.
ARTICLE 15: SEVERABILITY
15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or
unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the
remaining paragraphs of this Agreement but shall be confined in its effect to the specific
section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and
the invalidity or unenforceability of any section, sentence, clause or parts of this
Agreement in any one or more instance shall not affect or prejudice in any way the
validity of this Agreement in any other instance.
ARTICLE 16: ESTIMATES OF COST
16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or
over CONSTRUCTION CONTRACTOR’S methods of determining prices, or over
competitive bidding or market conditions, CONSULTANT’S opinions of probable Project
Cost or Construction Cost provided for herein are to be made on the basis of
CONSULTANT’S experience and qualifications and represent CONSULTANT’S best
judgment as a design professional familiar with the construction industry but
CONSULTANT cannot and does not guarantee that bids or the construction cost will not
vary from opinions of probable Cost prepared by CONSULTANT.
ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED
17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in
any contract with CITY, or shall be financially interested, directly or indirectly, in the sale
to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer
or employee. This prohibition extends to other CITY boards and commissions, which are
more than purely advisory. The prohibition also applies to subcontracts on CITY projects.
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 26
17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a
CITY officer or employee, as those terms are defined in the Ethics Code, from having a
financial interest in any contract with CITY or any CITY agency.
17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon,
that it, its officers, employees and agents are neither officers nor employees of CITY.
CONSULTANT further warrants and certifies that it has tendered to CITY a
Discretionary Contracts Disclosure Statement.
ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE
18.1 All consultants must disclose if it is associated in any manner with a CITY official or
employee in a business venture or business dealings. To be "associated" in a business
venture or business dealings includes being in a partnership or joint venture with the
officer or employee, having a contract with the officer or employee, being joint owners of
a business, owning at least 10% of the stock in a corporation in which a CITY officer or
employee also owns at least 10%, or having an established business relationship as client
or customer.
ARTICLE 19: STANDARD OF CARE
19.1 Services provided by CONSULTANT under this Agreement will be performed in a
manner consistent with that degree of care and skill ordinarily exercised by members of
the same profession currently practicing under similar circumstances.
19.2 CONSULTANT shall be represented by a registered professional engineer licensed to
practice in the State of Texas at meetings of any official nature concerning the Project,
including but not limited to scope meetings, review meetings, pre-bid meetings, and
preconstruction meetings.
19.3 The Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741,
(512) 440-7723 has jurisdiction over individuals licensed under Title 22 of the Texas
Administrative Code.
19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the
responsibility and liability of CONSULTANT, its employees, associates, agents, or
subcontractors for the accuracy and competency of their designs, work drawings, Plans
and Specifications or other documents and Work; nor shall such acceptance be deemed an
assumption of responsibility or liability by CITY for any defect in the designs, work
drawings, Plans and Specifications or other documents and Work prepared by
CONSULTANT, its employees, subconsultants, and agents.
ARTICLE 20: RIGHT OF REVIEW AND AUDIT
20.1 CONSULTANT agrees that CITY may review any and all of the work performed by
CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at
CITY’S election, all of CONSULTANT’S records and billings related to performance of Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 27
this Agreement. CONSULTANT agrees to retain such records for a minimum of four
years following completion of this Agreement. Any payment, settlement, satisfaction, or
release provided under this Agreement shall be subject to CITY’S rights as may be
disclosed by such audit.
ARTICLE 21: ENTIRE AGREEMENT
21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and
integrated agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations, or agreements, either oral or written. This Agreement may
be amended only by written instrument signed by both CITY and CONSULTANT.
ARTICLE 22: VENUE
22.1 The obligations of the parties to this Agreement shall be performable in the City of
Schertz or its Extra Territorial Jurisdiction, located in Bexar, Comal, and Guadalupe
Counties, Texas, and if legal action, such as civil litigation, is necessary in connection
therewith, exclusive venue shall lie in Guadalupe County, Texas.
ARTICLE 23: NOTICES
23.1 Except as may be provided elsewhere herein, all notices, communications, and reports
required or permitted under this Contract shall be personally delivered or mailed to the
respective party by depositing the same in the United States Postal Service addressed to
the applicable address shown below, unless and until either party is otherwise notified in
writing by the other party of a change of such address. Mailed notices shall be deemed
communicated as of five calendar days of mailing. Notices provided via email shall be
deemed communicated as of the next business day after the notice is sent.
If intended for CITY, to: City of Schertz
Engineering Department
10 Commercial Place
Schertz, Texas 78154
If intended for CONSULTANT, to: The address listed on the first page of this
Agreement.
ARTICLE 24: INDEPENDENT CONTRACTOR
24.1 In performing services under this Agreement, the relationship between CITY and
CONSULTANT is that of independent contractor. By the execution of this Agreement,
CONSULTANT and CITY do not change the independent contractor status of
CONSULTANT. CONSULTANT shall exercise independent judgment in performing its
duties and obligations under this Agreement and is solely responsible for setting working
hours, scheduling or prioritizing the work flow and determining how the Services are to be
performed. No term or provision of this Agreement or act of CONSULTANT in the
performance of this Agreement shall be construed as making CONSULTANT the agent, Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 28
servant or employee of CITY, or as making CONSULTANT or any of its agents or
employees eligible for any fringe benefits, such as retirement, insurance and worker’s
compensation, which CITY provides to or for its employees.
ARTICLE 25: CAPTIONS
25.1 The captions for the individual provisions of this Agreement are for informational
purposes only and shall not be construed to effect or modify the substance of the terms
and conditions of this Agreement to which any caption relates.
IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement
effective as of __________________, 20___ (the “Effective Date”).
CITY OF SCHERTZ CONSULTANT
CITY MANAGER Consultant Name
TITLE
Project Agreement for Engineering Services - LAN retaining wall at Woodland Oaks & Woodbridge Page 29
Attachment 1
Project Scope of Services
BASIC SCOPE OF SERVICES
LAN will conduct the following scope items to properly design the retaining wall improvements at
the northwest corner of the intersection of Woodland Oaks and Woodbridge.
Provide Title Sheet, Index and Site Map
Prepare Retaining Wall Plan and Profile Layout
Include a Table with a Summary of Overall Quantities
Prepare Retaining Wall Miscellaneous Details
Include Geotechnical Data (provided by subconsultant)
Include Retaining Wall Typical Sections
Prepare SW3P and EPIC sheets
Provide External Stability Checks and Calculations
Prepare Specifications and General Notes
Provide QAQC for all Data, Calculations and Estimates
Provide Construction Phase Services
Deliverable: The plans, specifications and estimates will be signed and sealed along with a
geotechnical engineering report signed by the geotechnical engineer.
Proposal No. PSA15-004-00 January 12, 2015 Mr. Jeremy S. Doege, P.E. Lockwood, Andrews & Newnam, Inc. 10101 Reunion Place, Suite 200 San Antonio, Texas 78216-4165 RE: Geotechnical Engineering Study Replacement Retaining Wall – Woodland Oaks and Woodbridge Way Schertz, Texas Dear Jeremy: In accordance with your request, Raba Kistner Consultants, Inc. (RKCI) is pleased to submit this proposal for Geotechnical Engineering Services to Lockwood, Andrews & Newnam, Inc. (Client) for the referenced project. The broad objectives of our study will be to determine soil conditions at the site and to develop information concerning foundation recommendations for the proposed retaining wall. Described in this letter are: • our understanding of pertinent project characteristics; • our proposed scope for field and laboratory study; • our proposed scope for engineering evaluation and reporting; • our tentative project schedule; and • our lump sum study fee. Project Description
To be considered in this study is a replacement retaining wall for an existing railroad tie retaining wall that
is located north and west of the intersection of Woodbridge Way and Woodland Oaks in Schertz, Texas.
We understand that the proposed retaining wall will vary in height from about 2 feet to 5 feet and is
approximately 250 feet long. The existing wall is backed by private property and a wooden fence. We
anticipate that the fieldwork will occur along the right-of-way, north of Woodland Oaks Drive.
Field Study
To explore soil/rock conditions at this site, we propose to drill 2 borings in front of the existing wall
alignment. We propose to extend these borings to a maximum depth of about 15 ft below the existing
ground surface or 5 feet into rock (chalk), whichever occurs first. In addition, a hand auger boring is
planned to be drilled on the backside of the retaining wall to obtain grab samples of the material being
retained. This proposal was prepared based on a total drilling footage of 35 ft.
Samples will be taken using conventional split-spoon and Shelby tube sampling techniques. Where
penetration into rock is required, air rotary drilling techniques will be used and grab samples will be
collected from air rotary cuttings. Representative portions of all samples will be sealed and packaged for
transportation to our laboratory.
Laboratory Study Upon completion of the subsurface exploration, a testing program will be designed to define the strength and classification characteristics of the foundation soils. The testing program will include moisture content tests, Atterberg Limits (plasticity tests) and soil unconfined compressive strength tests. Engineering Report The results of the field and laboratory phases of the study will be reviewed by our staff of engineers and geologists. The results of our review, together with the supporting field and laboratory data, will be presented in a written, engineering report. Included therein will be recommendations concerning the
San Antonio • Austin • Brownsville • Dallas • El Paso • Houston • McAllen • Mexico • New Braunfels • Salt Lake City
Raba Kistner
Consultants, Inc.
12821 W. Golden Lane
San Antonio, TX 78249
P.O. Box 690287
San Antonio, TX 78269
www.rkci.com
P 210 :: 699 :: 9090
F 210 :: 699 :: 6426
TBPE Firm F-3257
Proposal No. PSA15-004-00
January 12, 2015
2
design and construction of foundations for the proposed retaining wall. The Geotechnical Engineering Report will include the following information and recommendations, if applicable: • A summary of the field and laboratory sampling and testing program; • Boring logs and laboratory testing results; • A review of general site conditions including descriptions of the site, the subsurface stratigraphy, groundwater conditions, and the presence and condition of fill materials, if encountered. • Foundation design considerations and recommendations, including: − retaining wall footing foundations; − available bearing pressures; − backfill and lateral wall pressures; • Foundation construction considerations, including: − site drainage; − site preparation; − retaining wall backfill materials; − shallow foundation excavations; − excavation considerations; and − fill placement compaction. The final report will be reproduced in 3, spirally-bound copies and in an electronic format. We anticipate that a global stability analysis is not required and is not included in our scope. Tentative Project Schedule Based on our present workload, we anticipate that we could begin the field exploration phase of this study within 3 to 5 working days of receiving your written authorization, provided the site is accessible to our truck-mounted drill rigs. The field exploration and laboratory testing phase of the study is expected to take approximately 8 to 10 working days to complete. Engineering analyses and preparation of the engineering report is expected to take an additional 6 working days to complete. We will be pleased to provide the design team with verbal design information as the data becomes available. Project Fee
The total lump sum fee for the study scope outlined herein will be $5,950. Should unusual soil conditions
be encountered in the field that indicate the desirability of significantly broadening the scope of the study,
we will contact you to receive authorization before proceeding with any additional work. Additional
services will be billed on a unit basis in accordance with our standard fees as indicated on the attached
Schedule of Fees for Professional Services.
If required, RKCI will obtain the appropriate street cut permit(s) required by the City of Schertz for all
drilling activities. Streets will be restored to the condition required by the permit after completion of
the drilling operations. In addition, RKCI will provide the necessary traffic control for all sampling
activities that may occur. RKCI will contact the Texas Excavation Safety System (Texas 811) for
clearance of certain utilities. It is expected that the Client will provide information regarding the
location of any underground utilities in the vicinity of our borings. RKCI will assist in locating
underground utilities provided the Client submits documentation of existing utility locations.
In the preparation of the above fee estimate, we have assumed that all borings will be accessible to our
drilling rig and that the location of underground utilities in the vicinity of our borings will be identified to
us. We request that the Client provide this information prior to our mobilization to the site.
Historically the fee of our field services is about 45 percent of our total fee. These services are
predominantly provided by subcontractors. In order to promptly pay our subcontractors and continue to
be able to respond to your needs, we will send you an interim invoice for 45 percent as soon as the field
exploration phase of our study is complete.
Proposal No. PSA15-004-00
January 12, 2015
3
It should be noted that our study scope (and project fee) does not include professional time or travel expenses for participation in design team meetings. If these services are required, they will be billed at our standard billing rates for professional time plus expenses. It should be noted that our study scope (and project fee) does not include plan review or earthwork and foundation excavation observations during the construction of the project. However, plan review and construction observation fees should be included in the project budget. Acceptance
We appreciate the opportunity of submitting this proposal and look forward to working with you in the
development of this project, which will be carried out in accordance with this letter and the following
attachments:
Attachment Description I Standard Terms and Conditions II Schedule of Fees Please return one signed copy of this letter proposal to provide written authorization for our firm to complete work on the services outlined herein. Our invoices are due and payable upon receipt at P.O. Box 971037, Dallas, Texas 75397-1037. R-K considers the data and information contained in this proposal to be proprietary. This statement of qualifications and any information contained herein shall not be disclosed and shall not be duplicated or used in whole or in part of any purpose other than to evaluate this proposal.
Very truly yours,
RABA-KISTNER CONSULTANTS, INC.
Accepted By __________________________
(Signature)
Eric J. Neuner, P.E.
________________________________
(Typed or Printed Name)
Manager, San Antonio Engineering ________________________________
(Company and Title)
EJN/dlc
Date: _______________________________
Attachments
Copies Submitted: Electronic
Attachment 2
Project Design Phases Cost and Timeline
Project Phase Estimated Cost Time in Calendar Days
Geotechnical Engr. $5,950.00 21
30% Design - - - - - -
60% Design - - - - - -
100% Design $16,020.00 28
Bid Phase - - - - - -
Construction Phasing
including Closeout $1,130.00 < 45
Total Estimated Cost
(Hourly not to exceed
amount) $23,100.00
The fee for the Basic Scope of Services is an hourly not to exceed amount of $23,100.00 based on
hourly rates detailed in the master agreement. LAN will submit the Plans, Specifications and
Estimate within twenty-eight (28) calendar days upon receipt/approval of the geotechnical
engineering report.
The rates proposed for this project are as noted:
QAQC Manager - $220.00
Project Manager - $175.00
Project Engineer - $130.00
CADD Designer II - $85.00
Geotechnical Engr. Fee - $5,950.00
Attachment 3
Explanation of Project Fee
Task
Number
LAN Project No.xxx-xxxxx-xxx
Project Name: City of Schertz - Woodbridge Retaining Wall Design To
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220.00$ 175.00$ 130.00$ 85.00$
Retaining Wall Analysis
Provide Title Sheet, Index & Site Map 12 1,380.00$ 2 4 6
Prepare Retaining Wall Plan & Profile Layout with Table of Quantities.60 6,900.00$ 8 24 28
Prepare Retaining Wall Miscellaneous Details, Geotechnical Data & Ret. Wall Typ. Sections 30 3,450.00$ 4 12 14
Prepare SW3P & EPIC Drawings 5 605.00$ 1 2 2
Provide External Stability Checks and Calculations 11 1,565.00$ 3 8
Prepare Specifications & General Notes 8 1,130.00$ 2 6
Provide Construction Phase Services 8 1,130.00$ 2 6
QAQC Data, Calculations and Estimates 2 440.00$ 2
TOTAL 136 16,600.00$ 2 22 62 50
Expenses
Reproduction of Deliverable 50.00$
Mileage/Travel (Flight/Site Visits)500.00$
Subtotal 550.00$
LAN Services 17,150.00$
Sub Consultant Services (Geotechnical - Raba Kistner)5,950.00$
Total Fee (Not to Exceed):23,100.00$
Schertz Fee Estimate 01-30-15 - Attachment 3.xls
1/30/2015 Page 1 of 1
Attachment 4
Additional Services and/or Expanded Scope of Services
ADDITIONAL SERVICES
The following services shall be considered outside of the Basic Scope of Services:
Additional site visits (3 proposed site visits scoped)
Additional geotechnical data collection beyond limits of initial scope
Construction observation from geotechnical engineer
Additional services would be provided under a separate task order.
10101 Reunion Place, Ste 200 • San Antonio, Texas 78216 • 210.499.5082 • Fax: 210.499.5157 • www.lan-inc.com
Ms. Kathryn J. Woodlee, PE, CFM December 8, 2014
City Engineer
City of Schertz
10 Commercial Place, Building 2
Schertz, TX 78154
Re: Woodland Oaks Drive Railroad Tie Retaining Wall Condition Assessment
Dear Ms. Woodlee:
Per your request, on October 21, 2014, Lockwood, Andrews & Newnam (LAN), Inc. conducted a
condition assessment on a railroad tie retaining wall (See Figure A) located along the Northwest corner
of Woodland Oaks Drive and around the intersection of Woodland Oaks Drive and Woodbridge Way in
San Antonio, TX. As a result of our field investigation, we observed the seven to nine course (5’- 3”
typical) tall railroad tie retaining wall to be in a failed condition (Condition Rating of 0, See Figure B).
The west side portion of the retaining wall was observed to be experiencing extreme external
(overturning) and internal (fascia budging/bowing) stability issues. The stability issues appear to be
resulting from the omission of deadmen behind the retaining wall (See Figure C). The visible anchor
posts (or tiebacks) were measured to be 15” to 18” long, and deadmen appear to have been completely
omitted during construction. Deadmen are critical components that are used to resist overturning and
sliding forces for this type of retaining wall.
Figure A: Picture of Existing Railroad Tie Retaining Wall
Figure B: Clarification of Condition Ratings
Ms. Kathryn J. Woodlee, PE, CFM
City of Schertz
December 8, 2014
Page 2
10101 Reunion Place, Ste 200 • San Antonio, Texas 78216 • 210.499.5082 • Fax: 210.499.5157 • www.lan-inc.com
Figure C: Typical Railroad Tie Retaining Wall Components
Potential Solution Options:
The existing retaining wall can be removed and the grade separation can be accommodated with a 4:1
slope back to existing grade. The new slope will need to be protected from erosion. Where there is
limited ROW and a slope is infeasible, a retaining wall suitable for a cut-condition (e.g.; concrete block
wall, sheet pile wall, concrete cantilever spread footing wall, soldier pile wall, etc.) should be used.
Depending on ROW limits, a temporary construction easement may be needed to construct the new
Ms. Kathryn J. Woodlee, PE, CFM
City of Schertz
December 8, 2014
Page 3
10101 Reunion Place, Ste 200 • San Antonio, Texas 78216 • 210.499.5082 • Fax: 210.499.5157 • www.lan-inc.com
wall. Once geotechnical and survey data is obtained, the most feasible wall type can be selected during
design.
Since the surrounding area is known to have limestone at the surface, if a sheet pile wall is selected, an
H-pile fitted with a driving shoe will need to be driven ahead of the line of sheet piles to fragment the
limestone, enabling the sheet piles to be driven without damage. Furthermore, if a sheet pile wall is
selected, a concrete or masonry veneer can be placed in front of it to accommodate any desirable
aesthetics. However, driving piles in a residential area may create noise and vibrations complaints from
the surrounding residents.
Concrete Block Wall Example
Concrete Cantilever Spread Footing Wall Example
Ms. Kathryn J. Woodlee, PE, CFM
City of Schertz
December 8, 2014
Page 4
10101 Reunion Place, Ste 200 • San Antonio, Texas 78216 • 210.499.5082 • Fax: 210.499.5157 • www.lan-inc.com
Design of the new retaining wall will need to account for any dead load surcharge (i.e.; any existing
surrounding structures) behind the wall using AASHTO LRFD Article 3.11.6. Furthermore, construction
should utilize temporary special shoring to avoid adversely affecting any structures behind the existing
wall during the construction of the new wall.
Using an appropriate design and construction sequence, the existing west side portion of the retaining
wall could potentially be removed without adversely affecting the east side portion of the retaining wall.
However, the east side portion of the retaining wall was also built without deadmen and is in serious
condition (Condition Rating of 3). The uncertainty of when it will fail and the possibility of it by chance
failing during construction of the new wall or shortly after is a concern. In addition, keeping the east side
portion of the retaining wall in place could create a public safety issue because it is in front of a sidewalk
and has known stability issues. Due to these concerns, LAN recommends the removal and replacement
of the entire wall along Woodland Oaks Drive.
Should we be able to assist you further on this or any other problem, please contact me at 214.765.8704
or jaterrazas@lan-inc.com. We appreciate this opportunity to serve you.
Sincerely,
Johnathan A. Terrazas, P.E.
Senior Structural Engineer
Lockwood, Andrews & Newnam, Inc.
Texas Registered Firm No. F-2614
Attachments: Survey Data
COVERED BRIDGE
W
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N =13757400.19
E =2198297.17
Z =790.35
CP# 4
N =13757219.96
E =2198527.95
Z =773.59
CP# 5
N =13757420.28
E =2198464.77
Z =779.47
CP# 2
N =13757434.98
E =2198354.73
Z =787.59
CP# 3
N =13757265.54
E =2198448.59
Z =778.10
CP# 1
FF=773.54'
BLOCK 24
LOT 1
BLOCK 25
LOT 1
BLOCK 25
LOT 2
BLOCK 25
LOT 3
BLOCK 25
LOT 4
BLOCK 25
LOT 5
BLOCK 25
LOT 37
BLOCK 25
LOT 36
BLOCK 24
LOT 2
VOL. 6, PG. 162
SUBDIVISION UNIT-1
WOODBRIDGE
=IRON ROD FOUND
LEGEND
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FF=790.33'
FF=791.76'
FF=780.49'
AHEAD
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VOL. 6, PG. 162
SUBDIVISION UNIT-1
WOODBRIDGE
BLOCK 24
LOT 68
BLOCK 24
LOT 67
BLOCK 24
LOT 66
(5
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(6
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WALL (LEANING)
RETAINNING
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BOTTOM OF
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Schertx, TX
HORZ. 1" = 50'
SCALE:
25 50
December 2014WOODLAND OAKS AND WOODBRIDGE
EXISTING RETAINING WALL AT
Tel 210-499-5082 Fax 210-499-5157
San Antonio, Texas 78216
10101 Reunion Place, Suite 200
Tel 210-499-5082 Fax 210-499-5157
San Antonio, Texas 78216
10101 Reunion Place, Suite 200
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: February 10, 2015
Department: Engineering
Subject: Ordinance No. 15-T-09 – An ordinance by
the city council of the city of Schertz, Texas
authorizing a budget adjustment for the
Thoroughfare Plan and Roadway Impact Fee
Study in the amount of $130,000.00. (First
Reading) BACKGROUND
The purpose of the Master Thoroughfare Plan is to provide a framework of land use and
infrastructure which will serve as a guide for the efficient movement of vehicles throughout the
growing City. The updated Plan will provide goals and objectives for achieving that efficient
movement by providing for public input, evaluating projected growth patterns, and forecasting
travel needs through travel demand modeling.
A roadway impact fee program will provide a funding mechanism for the implementation of
identified capital improvements over a 10-year planning period. In addition to providing a
revenue stream, the impact fee program will ensure that new development projects are assessed a
fair share of costs for facilities necessitated by new growth.
The City publicly requested qualifications from firms to provide the Professional Engineering
services necessary to complete an update of the City’s Master Thoroughfare Plan and
Transportation Impact Fee Study. Staff is going to recommend that the City enter into a contract
with Freese and Nichols, Inc. (FNI) to conduct this study. The City received responses to the
RFQ from two well qualified professional engineering firms. Key City Staff reviewed the
submissions and conducted interviews with both. After review of scoring, the City contacted
FNI and requested a scope and cost proposal regarding the Thoroughfare Plan Update and
Roadway Impact Fee Study. Final negotiations with FNI have been held and the City is ready to
proceed with approval of the contract.
FNI will provide a functional roadway classification system, update the City’s roadway design
and development standards, review access management standards and provide recommendations
for a capital improvements plan of short- and long-term roadway improvement needs. The Plan
will be supported through a public process that includes the input of a Steering Committee,
public meetings, and a public hearing process for plan adoption. Forecasts prepared during the
preparation of the updated Thoroughfare Plan will be used to establish the impact fee Capital
Improvement Plan as required by the Texas Local Government Code. A roadway impact fee
credit analysis will also be conducted in order to determine the maximum possible cost per
service unit.
FNI has prepared a proposal to complete the work and the task fees are as follows:
Master Thoroughfare Plan: $ 91,910
Roadway Impact Fee Study: $116,040
Contingency: $ 2,050
Total: $210,000
The Capital Recovery Water Fund will provide funding for the Roadway Impact Fee Study
portion in the form a loan program of $116,000. The remaining $94,000, the Master
Thoroughfare Plan, will be funded through the General Fund.
In FY 2013-14 the General Fund allocated $40,000 toward this project and in FY 2014-15 Water
& Sewer allocated an additional $40,000 for a total of $80,000 that has already been approved.
This ordinance will approve the remaining $130,000.
Goal
Approve Ordinance 15-T-09 to allocate an additional $130,000 for this project.
Community Benefit
Through proper planning, the City can generate revenue to be used for expansion and
improvement of its roadway systems to serve the growing community.
Summary of Recommended Action
Staff recommends Council approve the first reading of Ordinance 15-T-09 to budget an
additional $130,000 from the General Fund and the Capital Recovery Water Fund for the
Thoroughfare Plan Update and Roadway Impact Fee Study Project.
FISCAL IMPACT
In FY 2013-14 $40,000 was set aside for this project out of the General Fund. To fully fund the
General Fund portion of the study of $94,000, an additional $54,000 will need to be authorized.
The City is recommending Council recognize an additional $34,392 in collected property taxes
and use $19,608 from the General Fund Contingency to fund the remaining $54,000. The
property taxes do not reflect additional taxation on the citizens but the total collections
authorized for FY 2014-15 are coming in higher than expected. Overall there is no expected
impact on the fund balance and the General Fund will still plan on returning $308,955 to fund
balance as in the original budget presentation.
Another $40,000 was budgeted out of the Water & Sewer Fund in FY 2014-15. This fund will no
longer contribute toward the project and will show an additional $40,000 to be returned to its
fund balance.
In place of the Water & Sewer Funds contributions the Capital Recovery Water Fund will
increase its budget by $116,000 for the Roadway Impact Fee Study in the form of a loan to be
paid back by future roadway impact fee collections.
The cost of the project is $207,950 to be paid for from the Master Thoroughfare Plan and
Roadway Impact Fee Study Project Account and the funding for this project will be transferred
from the General Fund and the Capital Recovery Water Fund.
RECOMMENDATION
Staff recommends Council approve the first reading of Ordinance 15-T-09 to budget an
additional $130,000 for the Thoroughfare Plan Update and Roadway Impact Fee Study Project.
The funding of which will come from the General Fund and the Capital Recovery Water Fund.
If the Ordinance is approved on first reading, Staff will submit a resolution for awarding the
contract with FNI to Council on March 17, 2015, along with the second reading of this
Ordinance.
ATTACHMENTS
Ordinance 15-T-09
ORDINANCE NO. 15-T-09
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT FOR
THE THOROUGHFARE PLAN AND ROADWAY IMPACT FEE STUDY
IN THE AMOUNT OF $130,000.00; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 14-T-42, the City of Schertz (the “City”) adopted the
budget for the City for the fiscal year 2014-2015 (the “Budget), which provides funding for the
City’s operations throughout the 2014-2015 fiscal year; and
WHEREAS, the City needs to increase the funding for the Thoroughfare Plan and
Roadway Impact Fee Study amount by $130,000.00 in order to make up the difference between
the original budgeted amount of $80,000 and the actual cost negotiated with the professional
firm selected for the project; and
WHEREAS, the City will fund the Roadway Impact Fee Study as a loan from the Capital
Recovery Water Fund instead of the Water & Sewer Fund in the amount of $116,000 to be paid
back with a portion of the collected roadway impact fees; and
WHERAS, the City will increase the General Fund Budget by $110,392 necessary to
fund the remainder of the study and will recognize $34,392 in additional property tax collections
and will recognize $76,000 in interfund transfers to cover the increase; and
WHEARA, the City shall remove the interfund charge of $40,000 from the Water &
Sewer Fund originally budgeted for the study that will now be covered by the Capital Recovery
Water fund; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve the increase for FY 2014-2015; and
WHEREAS, the City Council of the City has determined that it is in the best interest of
the City to adjust the Budget and increase the funding amount for FY 2014-2015;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall adjust the Budget and increase the General Fund budgeted
amount for FY 2014-2015 by $110,392, reduce the Water & Sewer Fund budgeted amount
by$40,000, and increase the Capital Recovery Water budgeted amount by $116,000.
Section 2. The City shall approve a total budget for the Thoroughfare Plan and Roadway
Impact Fee Study of $210,000 which will be set aside in the Capital Projects Fund.
Section 3. The table below shows the corrected total for the FY 2014-15 Budget:
2014-2015 Budget
General Fund $25,496,480
Water & Sewer $17,768,563
Capital Recovery $652,109
Section 4. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 5. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 8. It is officially found, determined, and declared that the meeting at which this
Ordinance 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 Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 9. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 10th day of March, 2015.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 17th day of
March, 2015.
CITY OF SCHERTZ, TEXAS
Michael Carpenter, Mayor
ATTEST:
- 2 -
Brenda Dennis, City Secretary
(CITY SEAL)
- 3 -