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10-27-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL OCTOBER 27,2015,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Sc hertz 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 tea Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flays of the United States and State of Texas. (Mayor Carpenter) Recognition and Presentation • Introduction of the Student Mayor's and Student Councilmembers for the Day. (Mayor Carpenter) - Student Mayor's — Dobie Jr. High, 8th Grade Delaney Shick and Corbett Jr. High, 8th Grade Marianna Villanueva - Student Councilmembers — Dobie Jr. High, 7th Grade Nia McPherson and Corbett Jr. High, 7th Grade Hannah Frost City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait/B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) 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 existingpolicy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the 10 -27 -2015 Council Agenda Dearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshops • Discussion and possible action regarding the City Council Code of Ethics and the City Council Rules of Conduct and Procedure. (Item requested by Mayor Pro -Tem Fowler and Mayor Carpenter) • Discussion regarding the Animal Adoption Center. (B. James) (Item requested by Councilmember Azzoz) • Discussion regarding the Schertz Chamber of Commerce Funding. (J. Kessel) (Item requested by Mayor Carpenter and Councilmember Azzoz) • Discussion and possible action regarding holding, adjusting the start time, or cancelling the November 3, 2015 City Council meeting. (Mayor /Council) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 20, 2015. (J. Kessel /B. Dennis) 2. Ordinance No. 15 -S -34 — Consideration and /or action approving an Ordinance amending the Official Zoning Map by rezoning an approximately 1 acre tract of land from Single Family Residential District — 2 (R -2) to Main Street Mixed Use District (MSMU). Final Reading (B. James /L. Wood) 3. Resolution No. 15 -R -97 — Consideration and/or action approving a Resolution authorizing a Public Library Interlocal Agreement with Guadalupe County. (B. James/M. Uhlhorn) Discussion and Action items 4. Ordinance No. 1.5 -B -38 - Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas Tax Notes, Series 2015A ", levying an Annual Ad Valorem Tax, within the limitations prescribed by Law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a paying agent /registrar agreement and a purchase and investment letter; complying with the letter of representations previously executed with the Depository trust company; authorizing the execution of any necessary engagement agreements with the city's financial advisors and/or bond counsel; and providing an effective date. First and Final (J. Kessel/M. McLiney /A. Friedman) 10 -27 -2015 City Council Agenda Page - 2 - 5. Ordinance No. 15 -D -35 — Consideration and/or action approving an Ordinance amending the City Code of Ordinance by revising Section 86 -54, amending the Vehicular Weight Limit on Schwab Road from FM 482 to 500 feet toward IH 35. First Reading (B. James /K. Woodlee) 6. Resolution No. 15 -R -94 — Consideration and /or action approving a Resolution authorizing the purchase of Self - Contained Breathing Apparatus (SCBA) from HEAT Safety Equipment, LLC. (D. Wait /D. Covington/K. Long) 7. Resolution No. 15 -R -98 — Consideration and /or action approving a Resolution authorizing the Interlocal Agreement with the Schertz Cibolo Universal City Independent School District (SCUCISD) for use of the Natatorium. (B. James) 8. Resolution No. 15 -R -95 — Consideration and /or action approving a Resolution authorizing a contract with D &S Concrete Contractors related to the Woodland Oaks Retaining Wall project. (B. James /K. Woodlee) Roll Call Vote Confirmation Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 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 Adjournment CERTIFICATION I, BRENDA DENNIS, 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 23 RD DAY OF OCTOBER 2015 AT 4:10 P.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. 10 -27 -2015 City Council Agenda Page - 3 - grev,,cO Devuv is renda Dennis, City Secretar 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: 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. Ki1�l►[� 1 �[K�lu i►� 1111 Il � �/_�►1 �7 � /e\ F.Y�7► /_�►Y.y [�I�lu I ��� IF.`! Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph. Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin. Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 10 -27 -2015 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 27, 2015 . Department: Subject: City Secretary Minutes The City Council held a Regular meeting on October 20, 2015. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of October 20, 2015. Minutes — Regular meeting of October 20, 2015. MINUTES REGULAR MEETING October 20, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 20, 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 Michael Carpenter Mayor Pro -Tem Fow Councilmember Grumpy Azzoz Councilmember Dary] Councilmember Cedric Edwards Councilmember R6bil Staff Present: City M, Executive Director Brian James Executi City Attorney Charles Zech City Se+ Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:01 p.m. (Councilmember Daryl John) Mayor Carpenter recognized Councilmember pledges of allegiance to the flags of the United • Announcements Events (B. Ribbon Wait the opening prayer followed by the ._of Texas. Wait/B. Cantu) Brian James who provided the following Legacy at Forrest Ridge 5:30 p.m. `i Soccer Complex Ribbon Cutting Ceremony 9:00 a.m. t - JBSA Open House and Air Show 9:00 am — 6:00 p.m. St Featuring Wings of Blue U.S. Air Force Skydiving Team, �n Knights and Air Force Thunderbirds. ELECTION INFORMATION October 19 - 30 - Early Voting begins Monday, October 19th and ends Friday, October 30th. Locations and early voting hours vary per location. For more information, please go to www.schertz.com and click on the election banner. Information is also available regarding the bond and charter propositions. 10 -20 -2015 Minutes Page - 1 - Tuesday, November 3 - Election Day voting hours are 7:00 a.m. — 7:00 p.m. based on your precinct. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who thanked Animal Services Manager Sharma Roman and her staff regarding a recent newspaper article in the San Antonio Express News on the implementation of the city's recent feral cat program (trap, neuter, release). This is a very innovative and proactive approach to address the feral cat problem in our area. Mayor Carpenter recognized Boy Scout Preston Wesley audience tonight and working on his Communication Meru Hearing of Residents 512 who was in the Council. Each person should fill V be limited to no more than 3 any individual member thereof. while addressing the Council Discussion by the Council of any item not on the agenda S' hall e' limited to statements of specific factual information given in,t'e,$pptise to any inquiry, a recitation'of existing policy in response to an inquiry, and /or a proposal to pla'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, Mayor Ms. Maggie Titteilington, Sehertz Chamber President, who stated the Chamber Luncheon held today was great success and featured speaker Laura Schaeffer who spoke on building a modem" management system. She will also speak on this subject at the Chamber Biz Ed class next Wednesday. It is free to members and $10 to anyone else. The Chamber Awards Banquet will be held November 13. They are limited to 200 tickets, $25 each. She recognized several businesses who are sponsoring free food/lunches for the upcoming JBSA air show; they are Abel's, HEB, Fox's Pizza, Simply Charming Cakes, El Charro, KDJ Insurance who donated funds, and our SC MAC (Military Affair Committee) group. Ms. Titterington also stated last week, the `Meet the Candidates' event went well with 120 residents attending. She thanked the candidates who came out and answered questions from the public. 10 -20 -2015 Minutes Page - 2 - Their Spooktackular event at the Senior Center is coming up this Friday and is sold out. It is from 6:00 p.m. -9:00 p.m. Mayor stated before continuing he wanted to recognized Mayor Pro -Tem Jay Hogue from the City of Cibolo who was in the audience tonight. • Mr. Glen Outlaw, 3729 Forsyth Park, who stated he was unable to attend last week's meeting and he feels in today's digital age we should be able to view the city council meetings online and feels this feature would also add to the cry's efforts in maintaining transparency. Additionally, he urged Council to continue to find ways to get, along and work together in their discussions and decisions. He is somewhat disturbed from what he has been hearing recently from our own Schertz Council and does not want to be' reading any bad press about it in the newspapers. • Ms. Rosemary Scott, 3576 Olde Moss, who provided from city residents she has heard recently. They ra business friendly environment, wanting more free red: outlets /venues for local musicians. Complaints and otl police giving out too many traffic tickets to local development too fast, speedbnips are needed in improvements and pothole repairs needed, too operation times desired for certain school faciliti teaching community garden desired a well as a re future increased taxes. Adequate development servi a variety of unsolicited comments i from citizens desiring a more = eatiohal choices and more musical .er comments ranged from the local residents, too much growth and to ain neighborhoods, drainage many ordinance restrictions, extended es, no local farmers market available, a cycle program, as well as concern about ces; and code compliance issues. • Ms. Sue Bois ouneault, 2141 Cherry Blossom, who requested prayers be said for Mr. Richard Dziewit who recently had a mild stroke and is currently in the North Central Baptist Hospital in Sara Antonit having more tests done. • "",Mr. Ruben V llarreat ' ,'3413 Sandie Lane, Edinburg, Texas, who stated he is a congressional candidate for District 1.5. In addition to holding other city offices he is also former city mayor and coiineilmember and knows the importance of city government. He hopes everyone will come out and vote for the current propositions and their local official's. He also hopes everyone will come out in March 2016, for himself or the candidate of your choice, and also vote in November 2016. He thanked everyone present for their time,. • Ms. Janice Laphan, 5236 Columbia, Ms. Faye Touve, 5213 Brookline, Ms. Janet Brehm, 2508 Pillory Pointe, Ms.Kathy Hartman, 224 Town Creek Way, Cibolo, TX, Ms. Kim Drake, 2466 Cove Crest, Mr. Doug Hammen, 201 Winter Frost, Ms. Sara Ryel, 104 Pilot Point, Mr. Todd Richardson, 2913 Greenshire Drive, Mr. M.G. Hicks, 119 Apache Circle, Cibolo, TX, Mr. Joel Hicks, 223 Lamar, Cibolo, TX, Ms. Merideth Hernandez, 116 Saddle Trail, Cibolo, TX, Mr. Sam Hernandez, 116 Saddle Trail, Cibolo, TX, Ms. Annabell Sanchez, 104 Pilot Point, Mr. Michael Cox, 856 Marbella, Cibolo, TX, and Ms. Yolanda Suarez, 3808 Broughton, who all provided their comments of support and requests to move forward regarding the building of the future Schertz Aquatic facility. 10 -20 -2015 Minutes Page - 3 - Mayor Carpenter also recognized Councilmember Verlin "Doug" Garrett, District 2 from the City of Cibolo who just joined us. Mayor Carpenter moved to Item 6 of the Agenda. 6. Ordinance No. 15 -T- 36 - Consideration and /or action approving an Ordinance authorizing a budget adjustment for the Aquatic Facility Construction; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance, providing an effective date, and declaring an emergency. First and Final Reading (B. James) The following was read into record: ORDINANCE NO. 15- AN ORDINANCE BY THE CITY COUNCIL ,OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT FOR THE AQUATIC FACILITY CONSTRUCTION; REPEALING ALL ORDINANCES FOR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE, AND DECLARING AND EMERGENCY In order to, execute the: contract with Thomas S. Byrne, Ltd. this Ordinance authorizes $3.65 million to be ,btgeted toward this project. It is not anticipated that these funds will actually be spent as explained above, but are in place in order to execute the contract. Staff recommends Council approve Ordinance 15 -T- 36 first and final reading and declaring an emergency. Mr. James provided a PowerPoint presentation reiterating the partnerships /agreements we have already developed with the YMCA and BVYA for a number of our recreation facilities and activities and why we are engaging the school district (SCUCISD) as our current partner with the proposed aquatic facility. He also went over the qualifications of contractors Marmon Mok and Byrne Construction Services —both companies had representatives in the audience available for questions from council. They have also used Counsilman- Hunsaker, a reputable 10 -20 -2015 Minutes Page - 4 - aquatics design firm, to determine the needs of the aquatics facility. Mr. James went over information regarding the parking plans, facility rooms, pool rooms and the overall composition and structure of the building. The building size is 19,031 square feet with a guaranteed maximum price of $8,483,893. This amount includes a contingency of $275,254. Anticipated notice to proceed is November 2015 with a construction duration of 10 months and estimated completion time of in the Fall of 2016. Mr. James stated the first goal is to allocate those reserve funds to get this thing going and the second is the first amendment for the guaranteed maximum price. Mr. James and Owners Representative Phil Gaudreau remained available to answer questions from council. Mayor Carpenter recognized Councilmember Edwards yvho moved, seconded by Councilmember Thompson to approve Ordinance No. 15 -T, -36 fir Land final reading. Mayor Carpenter recognized Mayor Pro -Tern Fo million we are taking out of the reserves, that mti this pool because the money that is from the bond The reserve money is only to guarantee the contra+ Mayor Carpenter recognized Mr. James who confir would go back into the reserves after completion of The voters voted for a community pool. He district's use. The intent of, the pool is for taxpayers. He asked Councilmember Edw, and table it for further discussion to tnakc si Further discussion et issues, and resident f articles from back in idea of possibly shay unaware' of what this as time went i people. After Councilmemb not withdraw one Foy Who' stated on is not neces issue is..what is have the fun � correct and ect. tion the $3.65 to be spent on ig, to be spent. to go forward. $3.65 million Azzoz who thanked everyone here who came p akers appeared 6 be 50% from Schertz and ool he is 100% for Schertz residents and the 'matntnance cost of the pool over the next not just Schertz residents but by the Schertz - >st will be shouldered by the Schertz taxpayer. concerned about restricting lanes for the school ct enjoy. He said this is not fair to the Schertz >' to withdraw his motion to approve this pool we are doing the right thing for our residents. ;d in regard to the YMCA agreement with the city, possible parking to utilize, the pool. Mayor Carpenter read several excerpt newspaper i0 which mentioned a `competition' pool and aquatic facility and the of costs with the school district. He doesn't think the voters were c)l was to be built for; the language was clear. We also learned things which is that we could build two bodies of water and serve the most cussion amongst council, Councilmember Azzoz again requested s to withdraw his motion. Councilmember Edwards stated he would motion. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 15 -T -36 first and final reading. The vote was 4 -1 -0 with Mayor Pro -Tem Fowler, Councilmembers, John, Edwards and Thompson voting for and Councilmember Azzoz voting no. Motion passed. 7. Resolution No. 15 -R -90 — Consideration and /or action approving a Resolution authorizing an amendment to the existing A133 Agreement for the Construction Phase Services of the 10 -20 -2015 Minutes Page - 5 - Construction Manager at Risk Agreement for the New Indoor Aquatic Facility and Associated Support Systems. (J. Kessel /P. Gaudreau) The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING A133 AGREEMENT FOR THE CONSTRUCTION PHASE SERVICES OF THE CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE NEW INDOOR AQUATIC FACILITY AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brie. Ja= given them the overview and to summarize, what we are agreement with Byrne Construction Services -for, a the aquatic facility construction. Byrne Const*tljon will "10, construction, and are responsible for the constructiou pf this" fig Mayor Carpenter meeting for five m Mayor Mayor 5. Ordina PH approi acre tra District to a point of privilege 47 p. m. 5. who started he had previously doing is amending the current guaranteed �maximurp price for 11 aersee it, and they, will do the to approve Resolution No. r, Councilmembers John, Azzoz voting no. Motion pointed out that pursuant to y', unless there was a legal by Councilmember Thompson to recess the No. 15 -S�34 — Conduct a public hearing and consideration and /or action an Ordinance amending the Official Zoning Map by rezoning an approximately 1 if land from Single Family Residential District — 2 (R -2) to Main Street Mixed Use '$MU). First Reading (B. James /L. Wood) The following was read into record: ORDINANCE NO. 15 -S -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY 1 ACRE TRACT OF LAND FROM SINGLE FAMILY RESIDENTIAL DISTRICT -2 (R -2) TO MAIN STREET MIXED USE DISTRICT (MSMU). 10 -20 -2015 Minutes Page - 6 - Mayor Carpenter recognized Senior Planner Lesa Wood who stated that the property owner, Steven White is proposing to rezone the approximately 1 acre tract of land located at 805 Main Street from Single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU). The property contains an existing apartment building and a one story residence that are currently occupied. The zoning district of Main Street Mixed Use District (MSMU) allows for single family residential and low intensity commercial land uses that which allows for a greater opportunity for redevelopment of the subject property. The public hearing notice was published in "The Daily Commercial Recorder" on October 1, 2015 and the "Herald" for the October 7, 2015 for the October 20, 2015 City Council Meeting. There were twenty -three (23) notices mailed to surrounding property owners within two hundred (200) feet of the subject property on September 11 2015. At the time of this report two (2) responses were received; one (1) in favor, of the request and one (1) response was neutral to the request. No responses were received opposed to the request,,,, The Sector Plan amendment to the Comprehensive Lai subject property as part of Historic Downtown Schertw T Schertz are to leverage Schertz's history and heritage to i independent businesses, encouraging the use of existing Use District (MSMU) was created tohella achieve these a base zoning district to the area along 'Mai Street. In variety of land uses that exist, this zoning district alloA uses and low intensity commercial uses. Reduced, sett provided as part of thi district due to physical constraint Use Plan (CLUP) designates the objectives for Historic Downtown ite a unique destination with local uildings. The Main Street Mixed ctives and is intended to provide of the history of the area and for'both single - family residential QCs and parking requirements are the Main Street area. • Comprehensive'Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. The proposed zone change will provide for, either sip le family, or,, low intensity commercial occupancy. • Impact of Infrastructure: Thy proposed rezoning request should have a minimal impact on the existing water and wastewater systems. 0 Impact of Public Facilities /Services: The proposed rezoning request will have a no impact on public Services, such as schools, fire, police, parks and sanitation services. • Compatibility,, with .Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by commercial, multi- family and single family land uses. The Main Street Mixed Use District (MSMU) will allow for either low intensity commercial or single - family residential. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The property was originally built as a Hospital and is currently occupied as an Apartment Building and a one story residence. If the rezoning 10 -20 -2015 Minutes Page - 7 - is granted, the land use of apartments will be considered an existing non - conforming use and subject to the restrictions identified in UDC Article 7 Nonconforming Uses, Lots and Str'uctur'es. The land use of apartments may continue to be used, operated and occupied until the use has been abandoned. Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. Mayor Carpenter opened the public hearing and as no one spoke c, Ms. Wood answered several more questions from council. Mayor Carpenter recognized Councilmember Azzoz why Councilmember Thompson to approve Ordinance No,.15 -5 -34 on unanimous with Mayor Pro -Tem Fowler, Councilembers A Thompson voting for and no one voting no. Notion passed. Mayor Carpenter moved to the `Street Bond' W Workshops • Presentation, discussion and Woodlee) Mayor Carpenter recognized i presentation with the pllowinj 2006 Street Bond PROPOSITION NO 3 for Council comments. moved, seconded by it reading. The vote was r ' John. Edwards and Projects. (B. James /K. who provided a PowerPoint "' Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $20,000,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: constructing street, curb, and sidewalk in-tproveinents (including utility relocation) and drainage incidental thereto and the purchase of land relating thereto; such bonds to ,nature serially or otherwise not more than forte (40) years from 'their date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating,; variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall, not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds, and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at Maturity T' $20 Million in Projects 10 -20 -2015 Minutes Page - 8 - ❑ Doerr Lane Reconstruction ❑ Schertz Parkway Reconstruction (Dietz Creek to FM 78) ❑ Wiederstein- Chelsea Intersection ❑ Dimrock Resurface ❑ Woodland Oaks Drive Resurface ❑ Rural Roads South ❑ Deer Haven Reconstruction ❑ Lone Oak Streets Reconstruction ❑ Lone Oak Emergency Exit ❑ Green Valley Road Upgrade ❑ Northcliffe Streets Reconstruction ❑ Westchester Drive Construction ❑ Lazy Oak Drive Reconstruction ❑ Laura Heights Streets Reconstruction • Main Street Road Improvements $20,000,000 beginning - $19,250,000 spent $ 750,000 remaining $750,000 balance - $454,000 Main Street* $296,000 remaining *Funds to be coupled with n life/beautification of Main S Minor • $15,500 • �'ou,uU'v test.) between Maskc aprovement on Wiederstein Road 3trucio- Completed in September Improvement of Schertz Parkway • Needed to alleviate rapid deterioration of road condition • Central to City, high profile, heavily travelled (14,460 ADT) -Work to be performed by City Crews • $5;000 (est.) for Construction of Intersection Improvements to comple�c Mesa -Oaks and Reserve at Mesa Oaks Subdivision Infrastrtt Obligation • Work to be completed via reimbursement agreement with developer of proposed Wynter Hill Subdivision • $195,000 available for Pavement Management System Update (Micropaver) • Professional assistance with prioritization of projects and maintenance programming o Remaining funds to be allocated to Main Street Improvements Ms. Woodlee answered various questions from Council. 10 -20 -2015 Minutes Page - 9 - Mayor Carpenter recognized Public Works Director who came forward to say they are ready to start on this as soon as weather permits. Council gave their direction to staff to move forward with their recommendation. Mayor Carpenter moved to the Consent Agenda Items. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless ,they, are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and /or action regarding the Meeting of October 13, 2015. (J. Kessel/B. Dennis) 2. Appointments/ Reappointments and R Committees — Consideration and /or action the Parks & Recreation Advisory Board an Member to the Parks & Recreation Dennis /Mayor /Council) 3. Appointments/ Reappointments and: I Committees — Consideration and/or actiO the Library Advisory Board and the appo and the appointment of Ms. Patti Paulson Rebecca Scheffler as Alternate No. 2. (B.' minutes of the Regular s to City Boards; the resignation of Mr. intmeii RESOLUTION NO. 15 -R -91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF FRISCO REGARDING UNIFORM PURCHASES AND OTHER ASSOCIATED ITEMS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Assistant Fire Chief Kade Long who,, introduced this item stating currently the Fire Department orders uniforms annually through a variety of vendors, depending upon the costs of the items. The process i -time consuming and the department would prefer a more streamlined approach. Thd Frisco Interlocal Agreement allows 35 different cities to cooperatively purchase uniforms, thereby reducing the cost per item. The Interlocal Agreement can be used by Fire, Police, and EMS. This agreement will reduce our cost for uniform items as well as streamline the ordering process. This will increase turnaround time enabling personnel 'lo':receive uniforms in a faster and more efficient mariner: In addition, the agreement also will include police and EMS uniform items. Mayor Carpenter moved td the,City Council Code ofEthics workshop item. • Discussions and possibl _action regarding the City Council. Code of Ethics and the City Council Rules Of—Conduct, and Procedure. (Item requested by Mayor Pro -Tern Fowler and ,Mayor Carpenter Carpenter began his presentation with highlights from his PowerPoint which Why have Rules of Procedure? Rules of procedure are designed to accomplish many things — among them are: • Create an environment where the highest ethical standards can be maintained • Attempt to ensure that the actions of the council are taken with a genuine interest in the well -being of the community as a whole • Promote citizen confidence that their government is acting responsibly and in accordance with state law 10 -20 -2015 Minutes Page - It - • When council opinion is divided, protect the interests of both the majority and the minority members Why have a Code (or Rules) of Conduct? Rules of conduct are designed to do several things. Among them are to: • Set a foundation for councilmember interaction during counci • Set a similar foundation for councilmember interaction while • Attempt to establish a professional working environment opposed to a partisan political environment — focusing th( and not on personal agendas) • Provide a framework within which the city council can opera introduction of scandal or unnecessary risk(s) to the city or its Code of C From Ordinance I Council Code of Conduct I meetings i A visibly public forums for councilmembers (as good of the community seeks to avoid the • Address the merits of the issues 7 no personal attacks • Focus on representing the interests of 99 citien". • Attempt to resolve personal conflicts among," mong councilmembers internally before Rules of Procedure Review Selected sections from Ordinance 15 -M -06 Council Rules of Procedure Review Article 2. General Rules 2.2 Quorum. Three members of the council, not including the mayor, shall constitute a quorum. 10 -20 -2015 Minutes Page -12 - If we have fewer than three voting members present, we can discuss our agenda but take no actions. 2.5 Right to the Floor. Subject to Section 8.5, any councilmember or member of city staff desiring to speak shall be recognized by the mayor (or the presiding officer in the mayor's absence) at an appropriate time, and shall confine his /her remarks to the subject under consideration or to be considered. In order to avoid having multiple speakers at once, shouting matches, interruptions and other disruptive actions any person desiring to speak should first address the chair (whether it be the mayor, mayor pro -tem or otherwise) and ask to be recognized. Also therefore, no one but the chair can recognize another speaker or ask staff or the public to speak. 2.10 Rules of Order. Part 8 of these Rules shall 211 Suspension of Rules. Any provision�'of these Rules not required 1 State law may be temporarily suspends by a maj6r,ity vote of the who are present. The vote of each person on any such suspension shy the minutes. 2.13 When the rules do not seem tq from the rules for whatever rea provisions of these rules or o,; many possible positive effects, rules the chair; rules without a meetings by the m, three (3) r the City S auring any reg of such special place of tote sp( these the council. or entered into e a situation r"a member sees a need for relief council may set aside individual or groups of siri their entirety. Of course, while this has any effect to consider is that in the absence of balance, Nearly absolutely. sues of the conduct or procedure of public the . Charter, or State law shall be determined the mayor's absence). Speci 1, eetings may be called by the Mayor, the City Manager, or bers of the Council. The call for a special meeting shall be filed tary in written form, except that announcement of a special meeting meeting at which all members are present shall be sufficient notice Ming. The call for a special meeting shall specify the day, hour, and meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. Article 4. Presiding Office and Duties 10 -20 -2015 Minutes Page -13 - 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present:, . of officer shall state all questions submitted for a 1< vote shall betan on all votes. to Mayor must relinquish the chair, the Mayor )reside if the Mayor Pro -Tem is present. If the Mayor may call upon the most senior )n the Council) present to preside, but such djournment of that meeting. Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and ouncilmember"" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically Listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. The time for requests by mayor and councilmembers to place an item on a future agenda and the time for announcements by the mayor and councilmembers is not a time to bring up issues for discussion or digress into a diatribe involving business before the council not on the agenda or another member The time is also not appropriate for bringing up activities that highlight one's business or other private, commercial interests. 10 -20 -2015 Minutes Page - 14 - Article 7. Consideration of Ordinances, Resolutions and Motions 7.5 Reading of f Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are pre ent and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on and rtotzon, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Ch, ter. Other Councilmembers acting as presiding officer shall not be,, restricted to voting only in the event of a tie. Article 8. Rules of Decorum 8.1 Recognition by presiding officer. Subject to ection 8.5, No person shall address the Council without first being recognized by the presiding officer. Self- explanatory. Moving forward this rule will be carefully enforced for the sake of maintaining order and decorum. The 'provision applies equally to councilmembers, staff and the public, Order. - While the Council is in session, the Councilmembers must preserve the order and decorum ,of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmoinber while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. The first section is clear – all members of the council are responsible to one another not to delay or interrupt the proceedings or the peace of the meeting. Please quietly notify the chair if'you are leaving the dais as you go, either by note or verbal communication. Article 8. Rules of Decorum 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by 10 -20 -2015 Minutes Page -15 - reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. The councilmembers have the right to remove an The provision is the check and balance against tl ahusf power by the char, be it the mayor, mayor pro tempore or other member of council acting as the chair Article 8. Rules of Decorum The provision ,�pecificall protects the right of any councilmember to be heard on a matter before the council. Particular care should be exercised by the chair to ensure toe minority opinion is heard at every juncture. Improper interruptions should be quashed and the offending member or members warned not to repeat the offense. Repeated offenses under 8.2, 8.4 and/or 8.5 warrant removal of the councilmember from city, property until the meeting has concluded. Pursuant to Article 10, if a councilmember has refused to leave city property and has resisted removal by the sergeant at arms, that member will be arrested and taken into custody. Article 9. Motions and Meeting Procedures 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not 10 -20 -2015 Minutes Page -16 - "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. We often struggle to keep our discussion on point. All of us need to be cognizant of the item we are considering and refrain from wandering into yrtrlated territory. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type). When any motion is pending, any motion listed above it on the chart below is in order; those below it are out"Of order. To withdraw may ; no ino Re 6lVed by Vote by 3 no lnterrupt� ' Second yes hgi('Nb Council - otion S a er, I Required t}ebat b'fe Amendable ,iat ., `members yep Moe tI Or d ict:ltirliititir ne ye: To amend no, yes Point of privilege ypt . no nct „`; no yes no Point of procedure or order }/e no rib no yes no To appeal a ruling ncr yes yep no no , ayes To recess Y CJ:. Yes yes ` - Yes tti . , yes To withdraw yes no ino no' yp no �. To postpone nor, yes ye yes r1�), � y& To refer no. .yes yep Yes ne ye: To amend no, yes yes yes nts. ` ; , ::..ye: To limit or close debate or "call he question" n& - . ,Yes Ides .'. ;Yes r#. no .0. To extend debate rc yes yes ' yes ho Ye: .1. To count ttfe cote rte: ves nb no no no To reconsider yes .,yes debtble no : , yes To rescind rcr yes ys. yes n. no To take action nti = ves v6s : ves rii Yes * ** Mayor Carpenter stated that he will continue next week with his presentation. Roll Call Vote Confirmation 10 -20 -2015 Minutes Page - 17 - Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 through 8. (Note: On Item No. 7 Councilmember Azzoz `abstained', but the Mayor pointed out that pursuant to Ordinance 15-M-06, an abstension would be recorded as a 'nay, unless there was a legal reason why a councilmember would be allowed to abstain.) Requests and Announcements G 10 W Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Azzoz; who requested an executive session to discuss the Animal Adoption Center. City Attorney'harles Zech suggested Mr. Azzoz get with the City Secretary and put the issue on the agenda and"then he will look at it to determine whether it can be discussed in an open car closed session. Councilmember Azzoz also requested continue in the (money) support of th members many years agcy to now 300 p on how far are we willing to . They have grown from 30 Mayor Carpenter' 'k equested the city secretary add his Code of Ethics workshop back on for next week's aeenda so he can finish his bresent Lion. Mayor Carpenter'recognized Mayor Pro -Tem Fowler who stated he attended the Chamber of Commerce monthly luncheon meeting today. Mayor Carpenter recognized Councilmember John who stated he had some good news today and he hopes it becomes a reality. He was given an update on the sidewalks on FM 3009 by the area engineer William Lockett who stated they will be doing preconstruction meetings on November 5 and with weather permitting, possible construction beginning on November 16. 12. Information available in City Council Packets - NO DISCUSSION OCCURRED. 10 -20 -2015 Minutes Page - 18 - 0 Status of Workshop on Pool Bond Language. Adjournment Mayor Carpenter adjourned the meeting at 8:54 p.m. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 10 -20 -2015 Minutes Page -19 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 27, 2015 Department: Development Services Subject: Ordinance No. 15 -S -34 — Conduct a public hearing to consider and act on a request to rezone 805 Main Street, approximately 1 acres of land, from Single- Family Residential District — 2 (R -2) to Main Street Mixed Use District (MSMU). (Final Reading) City Council approved the first reading of Ordinance No. 15 -S -34 at the October 20, 2015 meeting. The property owner, Steven White is proposing to rezone the approximately 1 acre tract of land located at 805 Main Street from Single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU). The property contains an existing apartment building and a one story residence that are currently occupied. The zoning district of Main Street Mixed Use District (MSMU) allows for single family residential and low intensity commercial land uses that which allows for a greater opportunity for redevelopment of the subject property. The public hearing notice was published in "The Daily Commercial Recorder" on October 1, 2015 and the "Herald" for the October 7, 2015 for the October 20, 2015 City Council Meeting. There were twenty -three (23) notices mailed to surrounding property owners within two hundred (200) feet of the subject property on September 11, 2015. At the time of this report two (2) responses were received; one (1) in favor of the request and one (1) response was neutral to the request. No responses were received opposed to the request. Goal Steven White is requesting to rezone the approximate 1 acre tract of land at 805 Main Street to Main Street Mixed Use District (MSMU). City Council Memorandum Page 2 Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown Schertz are to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed Use District (MSMU) was created to help achieve these objectives and is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints in the Main Street area. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. The proposed zone change will provide for either single family or low intensity commercial occupancy. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request will have a no impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by commercial, multi - family and single family land uses. The Main Street Mixed Use District (MSMU) will allow for either low intensity commercial or single- family residential. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The property was originally built as a Hospital and is currently occupied as an Apartment Building and a one story residence. If the rezoning is granted, the land use of apartments will be considered an existing non - conforming use and subject to the restrictions identified in UDC Article 7 Nonconforming Uses, Lots and Structures. The land use of apartments may continue to be used, operated and occupied until the use has been abandoned. Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. FISCAL IMPACT City Council Memorandum Page 3 None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 23, 2015 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of final reading of Ordinance 15 -S -34 to zone the subject property from Single- Family Residential District — 2 (R -2) to Main Street Mixed Use District (MSMU). ATTACHMENT Ordinance No. 15 -S -34 ORDINANCE NO. 15 -S -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY 1 ACRE TRACT OF LAND FROM SINGLE FAMILY RESIDENTIAL DISTRICT -2 (R -2) TO MAIN STREET MIXED USE DISTRICT (MSMU). WHEREAS, an application to rezone approximately 1 acre of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on September 23, 2015, . the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of the rezoning; and WHEREAS, on October 20, 2015 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. C �' i • I C ■: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Main Street Mixed Use District (MSMU). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. 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 4. 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 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 7. 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 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 20th day of October, 2015. . PASSED, APPROVED AND ADOPTED on final reading the 27st day of October, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" Exhibit B "The Property" --, csaa€ A* , x, a,96a ACRES 15 -C " - , ,ad 17, — w v c4l Cfl LIM, ZI �, I - SJRA" 'M -nE S,'%M IcerKM TO AN "AL OLIOMW MVXW, I RJ I KK I ' OXID, FEA 7i -- — .192 V'WrR"F C?O'4' D S mm In 120D , ) J k' M M47MmO. 7EXAS 7,9247—o,7 A0,13A M. OU7 Q7 7-4E MALPAZ QRIUMAL VJR.,vEY Ne,),rj7 a MAMON OATM 1, ROOM AND Ekw'Emrs k ws�w��t k4l Ku r Srml, RWM A MOVE- In 120D , ) J k' M M47MmO. 7EXAS 7,9247—o,7 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 27, 2015 Department: Library Subject: Resolution No. 15 -R -97 — A Resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with Guadalupe County for Public Library Services. BACKGROUND The City of Schertz has an established public library and has for several years provided free public library services to all citizens of Guadalupe County residing in or near the City. The City and County desire formalization of this partnership through an interlocal agreement (ILA). The City has similarly partnered with the City of Selma to provide Library Services. Interlocal agreements serve to cooperatively maximize the efficient provision for government function on a basis of mutual advantage, highlighting services and facilities that will accord best with geographic, economic, population and other factors influencing the needs and development of the region. Accordingly, the County and City are political subdivisions of the State of Texas, and are authorized to execute an ILA pursuant to Texas Government Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended. The agreement shall have a term of one year, and will be reviewed and approved annually by the governing bodies of both the City and the County. COMMUNITY BENEFIT The Schertz Public Library fills a significant community need by providing quality of life opportunities for area families and individuals. Services include circulation of books and other media, access to public computers and Internet, educational programs, and reference services. This ILA will allow the City to more effectively serve regional partners and their residents. FISCAL IMPACT The County will pay the City a monthly sum of $1.7,662.83 for Library Services as outlined in the ILA. RECOMMENDATION The City recommends Council approval of Resolution 1.5 -R -97, authorizing the City to enter into an interlocal agreement with Guadalupe County for Library Services. ATTACHMENTS Resolution 15 -R -97 Public Library Interlocal Agreement RESOLUTION NO. 15 -R -97 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT WITH GUADALUPE COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has an established public library and has for several years provided free public library services to all citizens of Guadalupe County (the "County ") residing in or near the City by informal agreement with the County; and WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision of free public library services (hereinafter referred to as "Library Services "), to the citizens of the County, and to set out the purposes, terms, rights, objectives, duties, and responsibilities of the County and the City with respect thereto; and WHEREAS, the City and the County have determined that the provision of Library Services is a public purpose and within their statutory powers of government; and WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to execute this Agreement pursuant to Texas Government Code 791.001 et. seq. as amended, and :Local. Government Code Section 323, as amended; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this contract with the County pursuant to the Interlocal Agreement for Public Library Services 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 the County 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 day of , 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor City Secretary, Brenda Dennis (CITY SEAL) PUBLIC LIBRARY INTERLOCAL AGREEMENT BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ STATE OF TEXAS § COUNTY OF GUADALUPE § 100- 630 - 800.4945 PUBLIC LIBRARY INTERLOCAL AGREEMENT BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ This Public Library InterLocal Agreement, effective as of the date of final execution (hereinafter referred to as "Agreement "), is between Guadalupe County (hereinafter referred to as "County "), Texas, and the City of Schertz, (hereinafter referred to as "City "), Texas. WHEREAS, the City has an established public library and has for several years provided free public library services to all citizens of the County residing in or near the City by informal agreement with the County; and WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision of free public library services (hereinafter referred to as "Library Services "), to the citizens of the County, and to set out the purposes, terms, rights, objectives, duties, and responsibilities of the County and the City with respect thereto; and WHEREAS, the County and the City have determined that the provision of the Library Services is a public purpose and within their statutory powers of government; and WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to execute this Agreement pursuant to Texas Government Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended (the "Act "). NOW, THEREFORE, the County and the City, acting by and through their duly authorized officers, hereby covenant and agree as follows: I. Purpose 1. The City agrees that the established library of the City shall assume the functions of a county library within the County, all as permitted by the Act. 2. The Librarian of the City's established library holds a county librarian's certificate from the Texas Library and Archives Commission, as required by the Act. 3. All public library facilities, books, reading material, and other equipment in the possession of the City's library shall be equally accessible to all residents of the County during the term of this Agreement. 4. All public library facilities, books, reading material, and other equipment currently owned by the City of acquired for use in its established public library during the term of this Agreement shall remain the property of the City. H. Term and Renewal This agreement shall be for a term commencing with effective date of this Agreement through and including October 1, 2015 to September 30, 2016 (the "Initial Term "), unless either party to this Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall Page - 1 - of Two Pages be provided not less than thirty (30) days prior to the end of the Initial Term or any Renewal Term. III. Consideration 1. In consideration of the City's provision of the Library Services during the Initial Term, the county agrees to pay the City a monthly sum of $17,662.83 (Seventeen Thousand, Six Hundred Sixty Two Dollars and 83/100) on the 15th day of each month following the effective date of this Agreement. 2. The County and the City agree that the monthly amount payable by the County to the City shall be determined by good faith negotiations between the County and City and that such amount shall be determined not less than thirty (30) days before the end of the Initial Term and each Renewal Term. IV. Authorization The governing bodies of the County and the City have duly authorized this Agreement. V. Severability If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, for remaining portions hereof shall continue in full force and effect. VI. Amendments This agreement represents the complete understanding of the County and the City with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties. IN WITNESS WHEREOF, the undersigned have entered into the Public Library InterLocal Agreement, effective as stated herein. x11\ an Rog NUOL91061111'AI1191/Z'E By: Kyle Kutscher Guadalupe County Judge CITY OF SCHERTZ, TEXAS John Kessel City Manager ATTEST By: Teresa Kiel Guadalupe County Clerk Date: ATTEST U. Brenda Dennis City Secretary Date: Page - 2 - of Two Pages CITY COUNCIL MEMORANDUM City Council Meeting: October 27, 2015 Department: Finance Agenda No. 4 Subject: ORDINANCE NO. 15 -13-38 CONSIDERATION AND APPROVAL OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015A" The City is looking to purchase and equip two new firetrucks. If the City moves forward we can save money on the purchase price of the trucks and receive delivery of them sooner than if we order the trucks at a later date. Additionally, the City will be trading in existing City firetrucks and ambulances that have outlived their useful lives to lower the cost of the new vehicles and lower the borrowing amount of the tax notes in turn. FISCAL IMPACT The firetrucks will be paid for in part from proceeds of the Tax Notes, Series 2015A. The notes will be paid from funds currently budgeted for maintenance of the soon -to -be -sold firetrucks and ambulances that will not be needed with the new firetrucks. Bids on the Tax Notes, Series 2015A will be received on Monday, October 261h ahead of the Council meeting. Final sale results will be presented by Mr. McLiney and Mr. Friedman at the regularly scheduled meeting. M R 5[01704 1041010117,174 9 [11701 Staff recommends approving the sale of the Tax Notes, Series 2015A MOTION: A MOTION BY COUNCILMEMBER AND SECONDED COUNCILMEMBER THAT TUIE CITY COUNCIL ADOPT AN ORDINANCE E AUTR I ING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015A" ATTACHMENT(S) Ordinance Nol5 -B -38 DRAFT 10 /27/15 ORDINANCE NO. 15 -B -38 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015A99, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS AND /OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of Chapter 1431, as amended, Texas Government Code (the Act), the City Council (the Governing Body) of the City of Schertz, Texas (the City or the Issuer) is authorized and empowered to issue anticipation notes to pay contractual obligations incurred or to be incurred for the construction of any public works, for the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights -of -way for the Issuer's authorized needs and purposes, and for professional services, including services provided by tax appraisal engineers, engineers, architects, attorneys, auditors, mapmakers, financial advisors, and fiscal agents; and WHEREAS, in accordance with the provisions of the Act, the Governing Body hereby finds and determines that anticipation notes should be issued and sold at this time to finance the costs of paying contractual obligations to be incurred for (1) purchasing two fire trucks and equipment related thereto and (2) the payment of professional services related to the design, construction, landscaping, and financing of the aforementioned projects; and WHEREAS, the Governing Body hereby finds and determines that the issuance of anticipation notes is in the best interests of the residents of the Issuer, now, therefore, C ' • t • • i I lill i • THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General obligation notes of the Issuer shall be and are hereby authorized to be issued in the aggregate principal amount of ONE MILLION TWENTY THOUSAND AND NO /100 DOLLARS ($1,020,000), to be designated and bear the title of "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 201.5A" (the Obligations), for the purpose of providing funds for (1) purchasing two fire trucks and equipment related thereto and (2) the payment of professional services related to the design, construction, landscaping, and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, particularly Chapter 1431, as 82365419.2 amended, Texas Government Code, an ordinance adopted by the Governing Body on October 27, 2015, and the City's Home Rule Charter. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Obligations shall be issued as fully registered obligations, without coupons, shall be dated October 1.5, 2015 . (the Dated Date) and shall be in denominations of $100,000 or any integral multiple of $5,000 in excess thereof (within a Stated Maturity), shall be lettered "R-" and numbered consecutively from one (1) upward and principal shall become due and payable on August I in each of the years (the Stated Maturities) and in the amounts and bear interest at the rates per annum in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates 2016 120,000 2017 145,000 2018 145,000 2019 150,000 2020 150,000 2021 155,000 2022 155,000 The Obligations shall bear interest on the unpaid principal amounts from the Closing Date (hereinafter defined), or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Obligations shall be payable on February 1 and August 1 in each year, commencing August 1, 2016 (the Interest Payment Date), while the Obligations are Outstanding. SECTION 3: Payment of Obligations - Paying trar. The principal of, premium, if any, and the interest on the Obligations, due and payable by reason of Stated Maturity or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Obligations shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Obligations. The selection and appointment of , Texas (the Paying Agent /Registrar), to serve as the initial Paying Agent /Registrar for the Obligations is hereby approved and confirmed, and the Issuer agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent /Registrar books and records (the Security Register) for the registration, payment, and transfer of the Obligations, all as provided herein, in accordance with the terms and provisions of a Paying Agent /Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent /Registrar and the Issuer may prescribe. The Issuer covenants to maintain and provide a Paying Agent /Registrar at all times while the Obligations are Outstanding, and any successor Paying Agent /Registrar shall be (i) a national or state banking 82365419.2 2 institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent /Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent /Registrar. The Issuer reserves the right to appoint a successor Paying Agent /Registrar upon providing the previous Paying Agent /Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the Issuer agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Obligations by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent /Registrar. Principal of, premium, if any, and interest on the Obligations, due and payable by reason of Stated Maturity, or otherwise, shall be payable only to the registered owner of the Obligations appearing on the Security Register (the Holder or Holders) maintained on behalf of the Issuer by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Obligations, (ii) on the date of surrender of the Obligations for purposes of receiving payment of principal thereof at the Obligations' Stated Maturity, and (iii) on any date for any other purpose. The Issuer and the Paying Agent /Registrar, and any agent of either, shall treat the Holder as the owner of an Obligation for purposes of receiving payment and all other purposes whatsoever, and neither the Issuer nor the Paying Agent /Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Obligations shall be payable only upon presentation and surrender of the Obligations to the Paying Agent /Registrar at its corporate trust office (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent /Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent /Registrar). Interest on the Obligations shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Obligations (the Record Date) and shall be paid (i) by check sent by United States mail, first -class postage prepaid, by the Paying Agent /Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Obligations shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Obligations was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (1.5) days after the Special Record Date) shall be sent at least five (5) business days prior to the 82365419.2 3 Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of an Obligation appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. The Obligations are not subject to redemption prior to Stated Maturity. SECTION 5: Execution - Registration. The Obligations shall be executed on behalf of the Issuer by its Mayor under the seal of the Issuer reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Obligations may be manual or facsimile. Obligations bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the Issuer shall bind the Issuer, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Obligations to the Purchasers (hereinafter defined), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Obligation shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Obligation either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent /Registrar by manual signature, and either such certificate upon any Obligation shall be conclusive evidence, and the only evidence, that such Obligation has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Obligations - Predecessor Obligations. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Obligations, or, if appropriate, the nominee thereof. Any Obligation may, in accordance with its terms and the terms hereof, be transferred or exchanged for Obligations of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Obligation to the Paying Agent /Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent /Registrar. Upon surrender for transfer of any Obligation at the corporate trust office of the Paying Agent /Registrar, the Issuer shall execute and the Paying Agent /Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Obligations of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Obligation or Obligations surrendered for transfer. At the option of the Holder, Obligations may be exchanged for other Obligations of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Obligations surrendered for exchange upon surrender of the Obligations to be exchanged at the corporate trust office of the Paying Agent /Registrar. Whenever any Obligations are so surrendered for exchange, the Issuer shall 82365419.2 4 execute, and the Paying Agent/Registrar shall register and deliver, the Obligations to the Holder requesting the exchange. All Obligations issued upon any transfer or exchange of Obligations shall be delivered at the corporate trust office of the Paying Agent /Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the Issuer, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Obligations surrendered upon such transfer or exchange. All transfers or exchanges of Obligations pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Obligations canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Obligations, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Obligation or Obligations registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Obligations shall include any Obligation registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Obligation which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Obligation. SECTION 7: Initial Obligations. The Obligations herein authorized shall be initially issued as a single fully registered Obligation in the aggregate principal amount of $1,020,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T -I (the Initial Obligations), and the Initial Obligations shall be registered in the name of the Purchasers (defined herein) or the designee thereof. The Initial Obligations shall be the Obligations submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Obligations, the Paying Agent /Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Obligations delivered hereunder and exchange therefor Definitive Obligations of like kind and of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent /Registrar may reasonably require. SECTION 8: FORMS. A. Forms Generally. The Obligations, the Registration. Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent /Registrar, and the form of Assignment to be printed on each of the Obligations shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, 82365419.2 5 numbers, or other marks of identification (including insurance legends in the event the Obligations, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of Bond Counsel (hereinafter defined)) thereon as may, consistent herewith, be established by the Issuer or determined by the officers executing the Obligations as evidenced by their execution thereof. Any portion of the text of any Obligation may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Obligation. The definitive Obligations shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Obligations as evidenced by their execution thereof, but the Initial Obligation(s) submitted to the Attorney General of the State of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 82365419.2 6 B. Form of Definitive Obligation. REGISTERED NO. Dated Date: October 15, 2015 REGISTERED OWNER: United States of America State of Texas Counties of Bexar, Comal, and Guadalupe CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015A Interest Rate: Stated Maturity: REGISTERED PRINCIPAL AMOUNT CUSIP NO: The City of Schertz, Texas (the Issuer), a body corporate and a municipal corporation in the Counties of Bexar, Comal, and Guadalupe, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above, and to pay interest on the unpaid Principal Amount hereof from the Closing Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February 1 and August 1 of each year commencing August 1, 2016. . Principal on this Obligation shall be payable to the Registered Owner hereof (the Folder), upon presentation and surrender (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent /:Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent /Registrar), at the corporate trust office of the Paying Agent /Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Obligation (or one or more Predecessor Obligations, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent /Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent /Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent /Registrar, requested by the Holder hereof at the Holder's risk and expense. 82365419.2 7 This Obligation is one of the series specified in its title issued in the aggregate principal amount of $1,020,000 (the Obligations) pursuant to an ordinance adopted by the Governing Body of the Issuer (the Ordinance), for the purpose of (1) purchasing two fire trucks and equipment related thereto and (2) the payment of professional services related to the design, construction, landscaping, and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, including Chapter 1431, as amended, Texas Government Code, an ordinance adopted by the Governing Body on October 27, 2015, and the City's Home Rule Charter. As provided in the Ordinance, the Obligations are not subject to redemption prior to Stated Maturity. The Obligations of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the Issuer within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent /Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Obligations; the terms and conditions relating to the transfer or exchange of the Obligations; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the Issuer and the Paying Agent /Registrar; the terms and provisions upon which this Obligation may be discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Obligation, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent /Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Obligations of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The Issuer and the Paying Agent /Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Obligation as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, and (iii) on any other date as the owner hereof for all other purposes, and neither the Issuer nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of 82365419.2 8 each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Obligation in order to render the same a legal, valid, and binding obligation of the Issuer have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Obligations does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Obligations by the levy of a tax as aforestated. In case any provision in this Obligation or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Obligation and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 82365419.2 9 IN WITNESS WHEREOF, the Issuer has caused this Obligation to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor [The remainder of this page intentionally left blank.] 82365419.2 10 C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Obligations Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS I.el THE STATE OF TEXAS I HEREBY CERTIFY that this Obligation has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Obligations. D. Form of Certificate of Paying Agent/Registrar _ to Appear on Definitive Obligations Only. REGISTRATION CERTIFICATE OF PAYING AGENT /REGISTRAR This Obligation has been duly issued under the provisions of the within - mentioned Ordinance; the Obligation or Obligations of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent /Registrar. Registered this date: Agent /Registrar By: Authorized Signature 82365419.2 11 as Paying E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Obligation on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Obligation in every particular. Signature guaranteed: F. The Initial Obligations shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single y registered Initial Obligation shall be modified ac fn11nXX7Q- (i) immediately under the name of the Obligation(s) the headings "Interest Rate " and "Stated Maturity " shall both be completed "as shown below"; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Schertz, Texas (the Issuer), a body corporate and municipal corporation in the Counties of Bexar, Comal, and Guadalupe, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of August in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 82365419.2 12 Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof). and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to occur on November 19, 2015) or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February l and August 1 of each year, commencing August 1, 2016. Principal of this Obligation shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity, while Outstanding, at the corporate trust office of , , Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Obligation whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent /Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent /Registrar, requested by, and at the risk and expense of, the Holder hereof. [The remainder of this page intentionally left blank.] 82365419.2 13 G. Insurance Legend. If bond insurance is obtained by the Issuer or the Purchasers for the Obligations, the definitive Obligations and the Initial Obligations shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, Mayor Pro Tem, the City Manager, and /or the City Secretary. B. The term Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. C. The term Issuer shall mean the City of Schertz, Texas located in the Counties of Bexar, Comal, and Guadalupe, Texas and, where appropriate, the Governing Body of the Issuer. D. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the Issuer as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. E. The term Depository shall mean an official depository bank of the Issuer. F. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iv) any additional securities and obligations hereafter authorized by the laws of 82365419.2 14 the State of Texas as eligible for use to accomplish the discharge of obligations such as the Obligations. G. The term Molder or Molders shall mean the registered owner, whose name appears in the Security Register, for any Obligation. H. The term Interest Payment Date shall mean the date interest is payable on the Obligations, being February 1 and August 1 of each year, commencing August 1, 2016, while any of the Obligations remain Outstanding. I. The term Obligation Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. J. The term Obligations shall mean the $1,020,000 "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2015A" authorized by this Ordinance. K. The term Ordinance shall mean this ordinance finally adopted by the Governing Body of the Issuer on October 27, 2015. L. The term Outstanding when used in this Ordinance with respect to Obligations shall mean, as of the date of determination, all Obligations issued and delivered under this Ordinance, except: (1) those Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent /Registrar for cancellation; (2) those Obligations for which payment has been duly provided by the Issuer in accordance with the provisions of Section 21 of this Ordinance; and (3) those Obligations that have been mutilated, destroyed, lost, or stolen and replacement Obligations have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Obligations named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Obligations payable on August 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Obligation Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Obligations, there shall be and is hereby created a special Fund to be designated "TAX NOTES, SERIES 2015A, INTEREST AND SINKING FUND" (the Obligation Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the Issuer are hereby authorized and directed to make withdrawals from the Obligation Fund sufficient to pay the principal of, premium, if any, and interest on the Obligations as the same become due and payable and shall cause to be transferred to the Paying Agent /Registrar from money on deposit in 82365419.2 15 the Obligation Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Obligations, such transfer of funds to the Paying Agent /Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent /Registrar on or before the business day next preceding each interest and principal payment date for the Obligations. Pending the transfer of funds to the Paying Agent /Registrar, money in any Fund created and established by this Ordinance, at the option of the Issuer, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the :Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal. Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Obligations. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Obligations being (i) the interest on the Obligations and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Obligations or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the Issuer, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Obligation Fund and are thereafter pledged to the payment of the Obligations. The Governing Body hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the Issuer for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the Issuer. SECTION 12: Deposits to Obligation Fund — Surplus Obligation. Proceeds. The Issuer hereby covenants and agrees to cause to be deposited in the Obligation Fund prior to a principal and interest payment date for the Obligations, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each 82365419.2 16 installment of interest and principal of the Obligations as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Obligations shall be deposited to the Obligation Fund. In addition, any surplus proceeds from the sale of the Obligations, including investment income thereon, not expended for authorized purposes, as described in Section 1 hereof, shall be deposited in the Obligation Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly that in the event the Issuer (a) defaults in the payments to be made to the Obligation Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Obligations shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the Issuer and other officers of the Issuer to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein . expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder as it appears in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent /Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 82365419.2 17 SECTION 16: Cancellation. All Obligations surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent /Registrar, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent /Registrar. The Issuer may at any time deliver to the Paying Agent/Registrar for cancellation any Obligations previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Obligations so delivered shall be promptly canceled by the Paying Agent /Registrar. All canceled Obligations held by the Paying Agent /Registrar shall be destroyed as directed by the Issuer. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Obligations. If (1) any mutilated Obligation is surrendered to the Paying Agent/Registrar, or the Issuer and the Paying Agent /Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Obligation, and (2) there is delivered to the Issuer and the Paying Agent /Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent/Registrar that such Obligation has been acquired by a bona fide purchaser, the Issuer shall execute and, upon its request, the Paying Agent /Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Obligation has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Obligation, pay such Obligation. Upon the issuance of any new Obligation or payment in lieu thereof, under this Section, the Issuer may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney's fees and the fees and expenses of the Paying Agent /Registrar) connected therewith. Every new Obligation issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Obligations. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Obligations. SECTION 18: Sale of Obligations - Purchase and Investment Letters Approval — Use of Proceeds. The Obligations authorized by this Ordinance are hereby sold by the Issuer to Texas (the Purchaser, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter (the Purchase Contract), dated October 27, 2015 attached hereto as Exhibit B and incorporated hereby by reference as a part of this Ordinance for all purposes. The pricing and terms of the sale of the Obligations are hereby found and determined to be the most advantageous reasonably 82365419.2 18 obtainable by the Issuer. The Initial Obligations shall be registered in the name of . The Mayor of the Issuer is hereby authorized and directed to execute the Purchase Contract for and on behalf of the Issuer and as the act and deed of this Governing Body, and in regard to the approval and execution of the Purchase Contract, the Governing Body hereby finds, determines and declares that the representations, warranties, and agreements of the Issuer contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the Issuer. Delivery of the Obligations to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds from the sale of the Obligations shall be applied as follows: (1) Accrued interest, if any, received from the Purchasers shall be deposited into the Obligation Fund. (2) The balance of the proceeds derived from the sale of the Obligations (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Obligations. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Obligations pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 1.9: Covenants to Maintain Tax - Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Goss Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Obligations. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. 82365419.2 19 Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Obligations are invested and which is not acquired to carry out the governmental purposes of the Obligations. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 1.03 and 1.41 through 150 of the Code, and 1.03 of the Internal Revenue Code of 1954, which are applicable to the Obligations. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.1.48 -5 of the Regulations; and (2) the Obligations has the meaning set forth in Section 1.1.48 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The Issuer shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Issuer receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Obligation, the Issuer shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall at all times prior to the last Stated Maturity of Obligations: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and 82365419.2 20 (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Obligations or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the Issuer or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall not use Gross Proceeds of the Obligations to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (i) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (ii) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (iii) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross :Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will cause the Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not at any time prior to the final Stated Maturity of the Obligations directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Obligations. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the Issuer shall not take or omit to take any action which would cause the Obligations to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The Issuer shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The Issuer shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Obligation is discharged. However, to the extent permitted by law, the Issuer may commingle Gross Proceeds of the Obligations with other money of the Issuer, provided that the Issuer separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. 82365419.2 21 (2) Not less frequently than each Computation Date, the Issuer shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The Issuer shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Obligations until six years after the final Computation Date. (3) As additional consideration for the purchase of the Obligations by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the Issuer shall pay to the United States out of the Obligation Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Obligations equals (i) in the case of a Final. Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The Issuer shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional. Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Obligations, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Obligations not been relevant to either party. J. Obligations Not Hedge Bonds. (1) The Issuer reasonably expects to spend at least 85% of the spendable proceeds of the Obligations within three years after such Obligations are issued. (2) Not more than 50% of the proceeds of the Obligations will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. 82365419.2 22 K. Elections. The Issuer hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Obligations. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Obligations. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Obligations pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Obligations to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the Issuer and its financial affairs as may be necessary for the issuance of the Obligations, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the Issuer's financial advisors, Bond Counsel, and the :Paying Agent /Registrar, make the necessary arrangements for the delivery of the Initial Obligations to the Purchasers and the initial exchange thereof for definitive Obligations. SECTION 21: Satisfaction of Obligation of Issuer. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Obligations, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the Issuer to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Obligations, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Obligations or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent /:Registrar, or an authorized escrow agent, and /or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent /Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Obligations, or the principal amount(s) thereof, at the Stated Maturity thereof. In the event of a gross defeasance of the Obligations, the Issuer shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Obligations. The Issuer covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Obligations to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). 82365419.2 23 Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent /Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Obligations, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the Issuer or deposited as directed by the Issuer. Furthermore, any money held by the Paying Agent /Registrar for the payment of the principal of and interest on the Obligations and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Obligations, such money was deposited and is held in trust to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Obligations is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Obligations, said opinion to be dated and delivered as of the date of initial delivery and payment for such Obligations. Printing of a true and correct copy of this opinion on the reverse side of each of the Obligations, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the Issuer is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Obligations. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Obligations shall be of no significance or effect as regards the legality thereof, and neither the Issuer nor attorneys approving said Obligations as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Obligations. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract; Amendments - Outstanding Obligations. The Issuer acknowledges that the covenants and obligations of the Issuer herein contained are a material inducement to the purchase of the Obligations. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the Issuer and its successors and assigns, and shall not be amended or repealed by the Issuer so long as any Obligation remains Outstanding except as permitted in this Section. The Issuer may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Issuer may, with the written consent of Holders holding a majority in aggregate principal amount of the Obligations then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however that, without the consent of all Holders of Outstanding Obligations, no such amendment, addition, or rescission shall (l) extend the time or times of payment of the principal of, and interest on the Obligations, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, or interest on the Obligations, (2) give any preference to any Obligation over any other Obligation, or (3) reduce the aggregate principal amount of Obligations required for consent to any such amendment, addition, or rescission. 82365419.2 24 SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Issuer, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the Issuer, :Bond Counsel, the Paying Agent /Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, 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 ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. 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 Governing Body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. 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 Governing Body. SECTION 32: Authorization of Pang Agent/Registrar Agreement. The Governing Body of the Issuer hereby finds and determines that it is in the best interest of the Issuer to authorize the execution of a Paying Agent /Registrar Agreement concerning the payment, exchange, registration, and transferability of the Obligations. A copy of the Paying Agent /Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally 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 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner 82365419.2 25 and at such time or times as in the judgment of the Issuer or of the Paying Agent /:Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against Issuer Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Obligation or for any claim based thereon or on this Ordinance against any official of the Issuer or any person executing any Obligation. SECTION 36: Continuing Disclosure Undertaking. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Obligations are being sold pursuant to a private placement with the Purchasers, generally in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, to less than thirty -five sophisticated investors, and therefore SEC Rule 15c2 -12 is not applicable to the offering of the Obligations. Accordingly, no contract to provide continuing disclosure information after the issuance of the Obligations has been made by the Issuer with investors. SECTION 37: Book - Entry System. The Obligations may initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Obligations shall be issued (following cancellation of the Initial Obligations described in Section 7) in the form of a separate single definitive Obligation. Upon issuance, the ownership of each such Obligation shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Obligations shall be registered in the name of Cede & Co., as the nominee of DTC. The Issuer and the Paying Agent /Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit C (the Representation Letter). With respect to the Obligations registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Obligations from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Obligations (an Indirect Participant). Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Obligations, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Obligations, as shown on the Security Register, of any notice with 82365419.2 26 respect to the Obligations, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of an Obligation, of any amount with respect to principal of, premium, if any, or interest on the Obligations. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive an Obligation evidencing the obligation of the Issuer to make payments of principal, premium, if any, or interest on the Obligations pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the Issuer determines that it is in the best interest of the beneficial owners of the Obligations that they be able to obtain certificated Obligations, the Issuer shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Obligations shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Issuer may determine that the Obligations shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Issuer, or such depository's agent or designee, and if the Issuer and the Paying Agent /Registrar do not select such alternate securities depository system then the Obligations may be registered in whatever name or names the Holders of Obligations transferring or exchanging the Obligations shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Obligation and all notices with respect to such Obligation shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the Issuer are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Obligations, the Paying Agent /Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Obligations, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Obligations by the Texas Attorney General's office. In case any officer of the Issuer whose signature shall appear on any certificate shall cease to be such officer before the delivery of such 82365419.2 27 certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Contracts with Financial Advisor and/or Bond Counsel. The City Council authorizes the Mayor and /or the City Manager, or their designees, to take all actions necessary to execute any necessary financial advisory contracts with Southwest Securities, Inc., as the financial advisor to the City (the Financial Advisor). The City understands that under applicable federal securities laws and regulations that the City must have a contractual arrangement with its Financial Advisor relating to the sale, issuance, and delivery of the Obligations. In addition, the City Council also authorizes the Mayor and/or the City Manager, or their designees, to take all actions necessary to execute any necessary engagement agreement with Fulbright & Jaworski LLP, as the Bond Counsel to the City. SECTION 40: Accounting; Reports. The Issuer shall provide annually to the Purchasers, for so long as they are the holder of the Bonds, within 210 days after the end of each fiscal year ending in or after 2015, financial information and operating data with respect to the Issuer; provided that such financial statements so to be provided shall be (1) prepared in accordance with the generally accepted accounting principles, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to Texas law or regulations, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide (1) unaudited financial statements for the applicable fiscal year within six months after the end of such fiscal year, and (2) audited financial statements for the applicable fiscal year to the Purchasers when and if the audit report on such statements become available. SECTION 41: Issuer's Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non -profit membership corporation organized exclusively for non - profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas, requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law, the Issuer hereby consents to and authorizes any Authorized Representative, Bond Counsel to the Issuer, and/or Financial Advisor to the Issuer to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Obligations; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Obligations. SECTION 42: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank.] 82365419.2 28 PASSED AND ADOPTED by the City Council of the City of Schertz, Texas, this the 27th day of October, 2015. CITY OF SCHERTZ, TEXAS Mayor City Secretary (CITY SEAL) 82365419.2 S-1 "O1 �I�M Exhibit A .................................................................... Paying Agent/Registrar Agreement Exhibit B .................................................................... Purchase Contract Exhibit C .................................................................... DTC Letter of Representations 82365419.2 S-2 lWall Paying Agent/Registrar Agreement See Tab No. 82365419.2 A-1 Purchase Contract See Tab No. 82365419.2 B -1 Imall DTC Letter of Representations See Tab No. 82365419.2 C-1 CITY COUNCIL MEMORANDUM City Council Meeting: October 27, 2015 Department: Engineering Agenda No. 5 Subject: Ordinance No. 15 -D -35 An Ordinance by the City Council of the City of Schertz, Texas, Amending the Vehicular Weight Limit on Schwab Road from FM 482 to 500 feet toward IH 35. First Reading BACKGROUND Some months ago staff received an inquiry from a citizen about the intersection of Farm to Market (FM) 482 and Schwab Road in the City of Schertz. The resident was concerned about the large trucks turning from Schwab Road onto FM 482 and their ability to not make the turn safely. After an investigation by Public Works and Engineering Staff, it was established that heavy truck traffic is unable to safely maneuver through the intersection without encroaching into oncoming lanes or leaving the driving surface and was creating an unsafe situation for other vehicles passing through the intersection and is severely damaging the roadway. Constraints exist within the right -of -way, including a drainage facility, overhead and underground utilities, and multijurisdictional issues (City, Texas Department of Transportation, Union Pacific Railroad, Army Corps of Engineers). These challenges prevent the road from being improved at this time. In order to promote safety within the intersection until improvements can be made, it is proposed that a vehicle weight limit be imposed on Schwab Road in the vicinity of its intersection with FM 482. It was recommended that a restriction on large trucks using this section of roadway be enacted. The recommendation was supported by a vote of from the Transportation Safety Advisory Commission (TSAC). Staff has communicated with both Sysco and GE about the proposed restriction. Goal To help ensure the safety of vehicular traffic and appropriate use of intersections maintained by the City. Community Benefit The restriction of access to the intersection by large, heavy trucks, vehicular safety at the intersection will be promoted. Additionally, the need for frequent maintenance (patching) of the pavement on Schwab Road will be significantly decreased. Summary of Recommended Action It is recommended by Staff to include this section of road in Section 86 -54, Vehicular Weight Limit, of the City Code of Ordinances. WLTG��On The fiscal impact of $600 for signage will be paid out of FY 2015 -16 budget account 101 -359- 551.600 Street Maintenance. RECOMMENDATION Staff recommends Council approve, on first reading, Ordinance 15 -D -35 designating a vehicle weight limit of 15,000 pounds on Schwab Road from the intersection of FM 482, 500 feet toward IH 35 and thus amending the Code of Ordinances Section 86 -54, Vehicular Weight Limit. ATTACHMENT Ordinance No. 15 -D -35 Exhibit AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -54, VEHICULAR WEIGHT LIMITS ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that a section of Schwab Road needs to be covered under Section 86 -54 Vehicular Weight Limit of the City Code of Ordinance. WHEREAS, it is recommended to add a 500 foot section of Schwab Road to the City Code of Ordinances under Section 86 -54 Vehicular Weight Limit, protecting the intersection from vehicles that cannot maneuver safely through the intersection of Schwab Road and Farm to Market Road 482 and ensuring the safety of commuters and other travelers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Section 86 -54 of the Code of Ordinances, Vehicular Weight Limits on Roadways Maintained by the City of Schertz, Texas shall be amended to add the following: Street Extent Weight Limit Schwab Road from the intersection of FM 482, 15,000 pounds Approximately 500 feet toward IH 35 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance authorized herein 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 4. This Ordinance 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 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 6. 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 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication requited by law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED and APPROVED on first reading, this day of , 2015. PASSED, APPROVED, and ADOPTED on second reading this day of , 2015. Mayor, Michael Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) VEHICLE WEIGHT LIMIT AREA City of Schertz ORDINANCE NO. 15-D-35 SCHWAB ROAD EXHIBIT Miles 0 0.05 0.1 0.2 0.3 0.4 2 1-�,: Pre-Warning Sign 1EWarning Sign Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 27, 2015 Department: Fire Subject: Resolution No. 15 -R -94 — A Resolution by the City Council of the City of Schertz, Texas authorizing the purchase of Self - Contained Breathing Apparatuses (SCBA) from HEAT Safety Equipment, LLC. BACKGROUND The Schertz Fire Department is charged with the responsibility of regional fire suppression, protection and prevention. The Fire Department currently operates a fleet of 33 self - contained breathing apparatus (SCBA) and related breathing equipment. This equipment allows firefighters to safely enter hazardous environments to effect rescues and mitigate emergency situations. The current units are in need of replacement due to age, normal wear and tear, as well as, they are no longer compliant with the most recent National Fire Protection Association (NFPA) standards. The City has partnered with regional agencies to ensure the provision of mutual aid, documented in a Mutual Aid Agreement set forth by the Alamo Area Council of Governments (AACOG), executed by the City on June 11, 2015. This agreement provides for cooperation among and between parties in the form of personnel, equipment and other resources during an emergency, and to help with recovery. Regional partners are utilizing Scott brand SCBAs, and the City of San Antonio has certified personnel for servicing Scott SCBAs, which would effectively save the City time and resources, as the units would not have to be sent out for maintenance and repair once outside the warranty. This purchase will bring us into compliance with the current NFPA standard. In accordance with Section 252 of the Texas Local Government Code, the City solicited sealed bids to procure Scott brand SCBAs. Two bids were received through this process and HEAT Safety Equipment, LLC was the lowest responsible bidder and the bidder providing the best value for the City, with a bid of $305,323.57. The second bid received was approximately $50,000 higher. The solicitation requested pricing for three line items in addition to the SCBA equipment: An Air Compressor, Guardian Charge Station, and Storage System. After evaluating the costs, the City does not intend to purchase these items as part of this resolution. Therefore, with the removal of these items, the total purchase price for the SCBA equipment will be approximately $261,867.99. Community Benefit The purchase of this SCBA equipment will serve to protect and promote safety, health and welfare of emergency service personnel and the public. Additionally, with the standardization of equipment, the City will be able to more effectively partner with regional agencies to provide mutual aid. FISCAL IMPACT The fiscal impact of the purchase will not exceed $261,867.99. The replacement project began in budget year 2014 -15 with the intent to purchase 1/3 of the SCBA equipment per year over a three year span. There was a substantial cost savings in purchasing all of the equipment at one time. For that reason, the amount budgeted for 2014 -15 was carried forward and combined with an amount budgeted in 2015 -16. RECOMMENDATION The City recommends Council approval of Resolution 15 -R -94 to accept the bid submitted by HEAT Safety Equipment, LLC, for SCBA equipment, with a total purchase price not to exceed $261,867.99. ATTACHMENTS Resolution 15 -R -94 RESOLUTION NO. 15 -R -94 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURCHASE OF SELF - CONTAINTED BREATHING APPARATUS FOR THE SCHERTZ FIRE DEPARTMENT; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz Fire Department is charged with the responsibility of regional fire suppression, protection, and prevention; and WHEREAS, in order to fulfill its mandated responsibility as set forth above, the City has identified a need to purchase self - contained breathing apparatus (SCBA) equipment; and WHEREAS, there is a need to maintain equipment standardization with regional emergency services partners, and regional partners utilizing Scott brand SCBA equipment; and WHEREAS, in accordance with Section 252 of the Texas Local Government Code, the City solicited sealed bids to procure Scott brand SCBAs; and WHEREAS, two bids were received through the sealed bidding process and HEAT Safety Equipment, LLC was the lowest responsible bidder and the bidder providing the best value for the City, with a bid of $261,867.99; and WHEREAS, the City recommends acceptance of the bid submitted by HEAT Safety Equipment, LLC.; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Manager is hereby authorized to enter into an agreement to purchase Scott brand SCBAs from HEAT Safety Equipment, LLC, with a total purchase amount not to exceed $261,867.99. 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 27th day of October 2015. . Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- CITY COUNCIL MEMORANDUM City Council Meeting: October 27, 2015 Department: Development Services Agenda No. 7 Subject: Resolution No. 15 -R -98 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement with Schertz- Cibolo- Universal City Independent School District (SCUCISD) regarding the Natatorium. (B. James) On September 10, 2013 the City Council approved Resolution 13 -R -66 authorizing an interlocal agreement with SCUCISD regarding the Natatorium. This allowed the City to proceed with design of the facility under the assumption that the school district would be utilizing the facility and providing funds to the City for its use. The resolution noted that final terms on hours of use and specific improvements that needed to be made to the facility to meet the District's needs would be forthcoming. With the approval of the amendment to the construction management contract that provides for a guaranteed maximum price, staff is able to provide an Interlocal agreement that provides for the hours of use and facility standards and specific improvements to be made to the facility. For 15 years, the school district will have use of 6 of the 8 lanes of the competition pool and exclusive use of the locker facilities from 5:30 am to 9:30 am, Monday through Friday beginning on the first day of school through the last day of school for swim team practice. They will have use of the natatorium, excluding the community pool 3 times per year for swim meets. The facility will have seating for 300, lockers for 120 people, starting blocks, an electronic timing system and scoreboard, and meet the minimum facility requirements of the 2014 USA Swimming Rulebook. FISCAL IMPACT With approval of this Resolution, the City can anticipate an additional $1,650,000 for the natatorium project with funds being paid monthly based on the percentage of project costs paid by the City. The agreement allows the City to leverage its investment in the project for an additional $1.65 million from the school district. RECOMMENDATION Approval of Resolution No. 15 -R -98 ATTACHMENTS Resolution 13 -R -66 Resolution No. 15 -R -98 Interlocal Agreement Preliminary Facility Use Agreement RESOLUTION NO. 13 -R -66 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DEFINITIVE INTERLOCAL AGREEMENT WITH SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A $1,650,000.00 CONTRIBUTION BY SCUCISD TO THE CITY FOR THE NATATORIUM PROJECT IN EXCHANGE FOR A FIFTEEN YEAR RENT FREE LEASE (FOR A SPECIFIED AMOUNT OF USAGE) OF THE FACILITY TO SCUCISD, PROVIDED THAT THE CITY AND SCUCISD ARE ABLE TO REACH FINAL AGREEMENT ON (1) THE SPECIFIC TERMS OF THE LEASE INCLUDING THE NUMBER OF HOURS AND USAGE ALLOWED AND (2) THE SPECIFIC IMPROVEMENTS THAT THE CITY WILL MAKE TO THE NATATORIUM FACILITY IN ORDER FOR THE FACILITY TO BE SUITABLE FOR USE BY SCUCISD'S SWIM TEAMS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") desires to construct a natatorium (the "Natatorium ") for use by residents of the City, which Natatorium will be funded in part from the proceeds of bonds previously authorized by the citizens of the City; and WHEREAS, the Schertz - Cibolo- Universal City Independent School District ( "SCUCISD ") desires to have access to the Natatorium for use by the SCUCISD swim teams; and WHEREAS, constructing the Natatorium in such a way that it will be suitable for use by the SCUCISD swim teams will result in additional costs to the City; and WHEREAS, SCUCISD desires to contribute $1,650,000.00 to the City for the construction, maintenance, and operation of the Natatorium in exchange for the facility being constructed in a manner to be suitable for use by SCUCISD's swim teams and a fifteen year rent free lease (for a specified amount of usage) of the facility to SCUCISD; and WHEREAS, the City and SCUCISD need to continue working together to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD's swim teams; and WHEREAS, the City staff has recommended that the City enter into a definitive interlocal agreement with SCUCISD regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium in exchange for a fifteen year rent free lease (for a specified amount of usage) of the Natatorium to SCUCISD, provided that the City and SCUCISD are able to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD's swim teams; and 50665160.1 1 WHEREAS, the City Council has determined that it is in the best interest of the City to enter into such a definitive interlocal agreement with SCUCISD provided that such terms can be agreed upon by the City and SCUCISD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS " Section 1. The City will enter into a definitive interlocal agreement with SCUCISD regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium in exchange for a fifteen year rent free lease (for a specified amount of usage) of the facility to SCUCISD, provided that the City and SCUCISD are able to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD's swim teams. The definitive interlocal agreement shall be brought back to City Council for final approval once the remaining terms have been finalized. 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. 50665160.1 2 CTTY OF SCHE, RTZ M. XAS If Michael R. Carpenter, Mayor I=ti��T►y re a ennis, City Secretary 50665160.1 RESOLUTION NO. 15 -R -98 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT (SCUCISD) REGARDING A $1,650,000.00 CONTRIBUTION BY SCUCISD TO THE CITY FOR THE NATATORIUM PROJECT IN EXCHANGE FOR USE OF THE FACILITY AT NO COST FOR A FIFTEEN YEAR PERIOD UNDER THE TERMS OF A FACILITY USE AGREEMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") desires to construct a natatorium (the "Natatorium ") for use by residents of the City, which Natatorium will be funded in part from the proceeds of bonds previously authorized by the citizens of the City; and WHEREAS, the Schertz- Cibolo- Universal City Independent School District ( "SCUCISD ") desires to have access to the Natatorium for use by the SCUCISD swim teams; and WHEREAS, SCUCISD desires to contribute $1,650,000.00 to the City for the construction, maintenance, and operation of the Natatorium in exchange for the facility being constructed in a manner to be suitable for use by SCUCISD's swim teams at no cost, for a fifteen year period under the terms of a facility use agreement; and WHEREAS, the City approved Resolution 13 -R -66 authorizing the interlocal agreement and directing the City and SCUCISD need to continue working together to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium in order for the facility to be suitable for use by SCUCISD's swim teams; and WHEREAS, the City staff and SCUCISD have reached general agreement regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium in exchange use of the facility and improvements to be made to the facility as generally outlined in the attached interlocal agreement subject to adjustments recommended by the City Manager and approved by the City Attorney; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an interlocal agreement with SCUCISD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City authorizes the City Manager to enter into the interlocal agreement with SCUCISD regarding a the Natatorium in generally the form attached as Exhibit A subject to adjustments recommended by the City Manager and approved by the City Attorney. 50665160.1 1 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. Section 8. PASSED AND ADOPTED, this 27th day of October, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50665160.1 2 Exhibit A Interlocal Agreement and Preliminary Facility Use Agreement 50665160.1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING THE CONSTRUCTION AND USE OF A NATATORIUM This Interlocal Agreement Between the City of Schertz, Texas and the Schertz- Cibolo- Universal City Independent School District regarding the construction and use of a Natatorium (the "Agreement ") is entered into between the City of Schertz, Texas, a Texas municipal corporation (the "City "), and the Schertz- Cibolo- Universal City Independent School District, a political subdivision of the State of Texas (the "District "), acting by and through its Board of Trustees pursuant to authority granted under the Interlocal Cooperation Act, Chapter 791, Texas Government Code, as the same may be amended from time to time, to be effective as of the date on which the last Parry signs this Agreement (the "Effective Date "). The City and the District are collectively referred to herein as the "Parties" and are each a "Party ". WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation. Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the City desires to construct a natatorium (Natatorium) for the use by citizens of the City, which Natatorium will be funded in part from the proceeds of bonds previously authorized by the citizens of the City; and WHEREAS, the District desires to have access to the Natatorium for use by the District swim teams; and WHEREAS, in order for the Natatorium to be suitable for use by District Swim teams it will have to include a competition pool, seating, locker rooms, a scoreboard, etc. ; and WHEREAS, the District desires to contribute $1,650,000.00 to the City for use by the District swim teams and certain exclusive rights of use by the District; and WHEREAS, the Parties have determined that it is in the best interest of the residents of both the City and the residents residing in areas served by the District to enter this Agreement; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are acknowledged, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: natatorium interlocal tds.v1.101615 I. Construction of the Natatorium by the City 1.1 The City shall have sole responsibility for the design, construction, operation and maintenance of the Natatorium. The design, construction, operation and maintenance shall accommodate the needs of the District for its swim teams. 1.2 To ensure the Natatorium meets the needs to the District it must include: seating for 300 spectators, locker facilities with 60 men's and 60 women's locker, starting blocks, electronic timing system, scoreboard, and meet the minimum requirements of the USA Swimming 2014 Rulebook, article 103 Facilities Standards. II. Payments from District to City 2.1 District shall contribute $1,650,000.00 to the. Payments will be made as follows monthly following the commencement of construction based on the estimated percentage of project completion, based on cost. III. Use of the Natatorium by the District 3.1 The City agrees to allow the District exclusive use of the Natatorium, or portions thereof, under the general terms and conditions set forth in the attached Preliminary Facility Use Agreement, which is hereby incorporated as part of this Agreement. The specific terms and conditions will be negotiated in good faith and approved by the parties upon completion of construction and before operations begin. Upon completion of the project the District will work with the City to provide parking for large events at the Natatorium by utilizing available parking on District property, the terms for which will be included in the final Facility Use Agreement. IV. Binding Effect; Benefiting Parties 4.1 This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Party. 4.2 This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. V. Governmental Functions; Liability; No Waiver of Immunity or Defenses 5.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. natatorium interlocal tds.v1101615 - 2 - 5. 1.1 The services provided for herein are governmental functions, and the City and the District shall be engaged in the conduct of a governmental function while providing and /or performing any service pursuant to this Agreement. 5.1.2 The relationship of the District and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 5.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint ventures, or any other similar such relationship between the Parties. 5.2 The District shall have no liability whatsoever for the actions of, or failure to act by, any employees, contractors, subcontractors, agents, representatives, or assigns of the City in connection with the construction, operation and maintenance of the Natatorium, except as stated in 5.3 below. The City covenants and agrees, to the extent permitted by law, that the City shall be solely responsible, as between the District and the City, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by the City or its respective employees, contractors, subcontractors, agents, representatives, or assigns, in connection with the construction, operation and maintenance of the Natatorium, except as stated in 5.3 below. 5.3 The City shall have no liability whatsoever for the actions of, or failure to act by, any employees, contractors, subcontractors, agents, representatives, or assigns of the District in connection with the operation of the Natatorium or parts thereof, during use by, the District, its employees, contractors, subcontractors, agents, representatives, or assigns. The District covenants and agrees, to the extent permitted by law, that the District shall be solely responsible, as between the District and the City, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by the District or its respective employees, contractors, subcontractors, agents, representatives, or assigns, in connection with its use of the Natatorium. 5.3 Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the District shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 5.4 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. VI. Notices 6.1 All correspondence and communications concerning this Agreement shall be directed to: natatorium interlocal tds.v1.101615 - 3 - SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 781.54 Attention: City Manager With a copy to: Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charles E. Zech DISTRICT: Schertz- Cibolo- Universal City Independent School District 1060 Elbel Road Schertz, Texas 78154 -209 Attn: Superintendent of Schools With a copy to: Walsh, Anderson, Gallegos, Green & Trevino, P.C. 100 N. E. Loop 410, Suite 900 San Antonio, Texas 7821.6 Attn: George E. Grimes, Jr. Notices required hereunder shall be hand - delivered or sent by prepaid certified mail, return receipt requested. VII. Severability 7.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. VIII. Entire Agreement 8.1 This Agreement is the entire agreement between the City and the District as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. IX. Governing Law; Venue 9.1 All Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [ Signatures and acknowledgements on the following pages J natatorium interlocal tds.v1.101615 - 4 - SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING THE CONSTRUCTION AND USE OF A NATATORIUM The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. 1411 1► eawle:iof 71toIJ►:I_[Cl itz John C. Kessel, City Manager THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 201, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. [ Seal ] Notary Public in and for the State of Texas 50558090.5 S -1 SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING THE CONSTRUCTION AND USE OF A NATATORIUM SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT C Greg Gibson, Superintendent of Schools THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 201, by Greg Gibson, the Superintendent of Schools of the Schertz- Cibolo- Universal City Independent School District, a political subdivision of the State of Texas, on behalf of said entity. [ Seal ] Notary Public in and for the State of Texas 50558090.5 S -2 EXHIBIT A FACILITY USE AGREEMENT [See attached] 50558090.5 A -1 Preliminary Facility Use Agreement The District shall have use of 6 lanes of the competition pool and exclusive use of the locker facilities in the Natatorium from 5:30 am to 9:30 am, Monday through Friday beginning the first instruction day and ending the last instruction day of each school year and any additional inclement weather make -up days for swim team practice. With prior written or email approval from the District, the YMCA may utilize the competition pool and lockers for other purposes when not in use by the District during normal practice times (holidays, etc.) The District shall have exclusive use of the Natatorium, exclusive of the community pool for up to 3 swim meets during the school year. The :District shall coordinate the dates and times of those meetings by August leach year. The YMCA shall provide lifeguards during the above practice times and swim meets. The District shall have the use of the facility as outlined above for 15 years beginning from when the City informs the District the facility is available for use. lei f M40111Ll[e I Ed 1 010 [Q17_1►`111/lu l City Council Meeting: October 27, 2015 Department: Engineering Agenda No. 8 Subject: Resolution No. 15 -R -95 — A Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with D &S Concrete Contractors for construction of the Woodland Oaks Retaining Wall. Axe X" M11119K A condition assessment was performed on the existing railroad tie retaining wall along the right of way line at the northwest corner of the intersection of Woodland Oaks Drive and Woodbridge Way. The wall was determined to be partially failing and in need of replacement. On March 10, 2015, City Council authorized a Professional Services Agreement with Lockwood, Andrews & Newnam, Inc., (LAN) to design a replacement wall. On August 18, 2015, City Council authorized a budget adjustment to fund the project with a total budget of $134,800 (Ordinance 15- R -26). The construction project was publicly bid using the Competitive Sealed Bid Proposal Method. Four bids were received for the project. Bids were reviewed and scored based on criteria including cost, schedule, experience, qualifications, reputation, capability, safety record, resources, corporate history and stability. Engineering and Public Works reviewed all bids and recommend D &S Concrete Contractors (D &S) to perform the work. The design engineer's Opinion of Probable Construction Cost was $119,570. D &S has proposed to perform the work for $103,958. The amended budget breakdown for the project is as follows: Woodland Oaks Retaining Wall Construction Budget Construction Phase Professional Services: $ 5,000 Construction: $103,958 Contingency: $ 25,842 Total: $134,800 Unused funds at the completion of the project will be returned to the General Fund. Temporary construction easements have been secured from the three owners of properties directly adjacent to the wall. No permanent easements are required since the wall is designed so that any necessary maintenance can be accomplished fully within City right of way. Once the contract is authorized, construction should begin within two to three weeks and will take between 60 and 90 days. Goal Approve Resolution 15 -R -XX to authorize a construction contract with D &S Concrete Contractors to replace the Woodland Oaks Retaining Wall. Community Benefit Construction of the new retaining wall will allow the sidewalk on Woodland Oaks Drive that has been closed for over a year to be reopened. The new wall will be constructed of concrete and is designed to have a long life with little maintenance required. Summary of Recommended Action Staff recommends Council approve contracting with D &S Concrete Contractors in an amount of $103,958 for construction of the Woodland Oaks Retaining Wall. FISCAL IMPACT Funding for the project was approved by City Council through a budget adjustment (Ordinance 15- T -26). The fiscal impact of the project will not exceed $134,800. Staff recommends Council approve Resolution 1.5 -R -95. ATTACHMENTS Resolution 15 -R -95 Bid Results Contract and Proposal 11114 sJuntimirom �1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONSTRUCTION CONTRACT WITH D &S CONCRETE CONTRACTORS RELATED TO THE WOODLAND OAKS RETAINING WALL PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid proposal from D &S Concrete Contractors related to the Woodland Oaks Retaining Wall; and WHEREAS, City staff has received qualifications indicating that D &S Concrete Contractors is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with pursuant to the recommendation made by Engineering and Public Works Staff. 1.301I8 I'll MOi]ILIV /107 Aim 1I no 1KeI11►•LK6I11►[41 1 we] 00:1weI1 me] MYO I 1a -.A M I9AI_ THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contract with D &S Concrete Contractors related to the Woodland Oaks Retaining Wall Project. 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 27th day of October, 2015 Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor -2- CITY OF SCHERTZ ATT19191 11 WAN mX91,11 54.40' a IFTA ILI I I 0106STA&A I 10191,011bli 9 191, 9140 9 10@0 I 1•�m-, Bid Date: October 15, 2015 Engineer's Opinion of Probable Cost $119,570.00 D&S Concrete Contractors $103,958.00 Myers Concrete Construction, L.P. $227,334.16 R.L. Rohde General Contracting, Inc. $137,800.00 Pronto Sandblasting & Coating & Oil Field Services, Inc. $165,510.00 THE CITY OF SCHERTZ, TEXAS ,: September 17, 2015 0..,.. 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS: PAGE Request for Proposals RFP 1 -5 Location Exhibit LOC I Price Proposal P I - 5 Standard Form of Agreement SFA I - 5 Performance Bond PB 1-2 Payment Bond PYB I - 3 General Conditions of the Contract GC 1 -52 Exhibit A: Insurance Requirements INS 1 -5 Special Conditions Technical Specifications SC I - 164 Construction Plan CP 1 -22 Geotechnical Report GR I - 27 ... �. Lei � . CONSTRUCTION OF WOODLAND OAKS RETAINING WALL # 15- PW- 38 -C -02 Sealed Requests for Proposals (RFP) addressed to the Purchasing and Asset Management Department will be received until October 15, 2015 at 11:00 AM, at 1400 Schertz Parkway Building # 2, Schertz, Texas 78154. All Requests for Proposals must be in the City of Schertz's possession on or before the scheduled date and time (no late RFP will be accepted). Respondents receiving a Request for Proposals notice in the mail, or reading the announcement in the newspaper are advised that the RFP documents can be obtained by contacting Purchasing and Asset Management, 1400 Schertz Parkway Building # 2, Schertz, TX 78154 or by calling the Department at (210) 619 -1160. Be advised that if your company downloaded the documents from the web page and is contemplating responding to this RFP, you MUST register as a Schertz Vendor at www,publicpurchase,com so any changes /additions via Addendum can be accessed by your company. Vendor registration instructions can be found at www.schertz.com (Departments /Purchasing /Open Bids/Vendor Registration Instructions). Any questions in reference to these Proposals may be directed to Purchasing & Asset Management at (21.0) 619 -1160. RFP responses received after the deadline will not be considered. The City shall evaluate the .RFP on the basis of technical ability, experience, and ability to perform the work and factors identified within the attached RFP solicitation. The City of Schertz reserves the right to refuse and reject any or all responses, waive any or all formalities or technicalities, accept the response or portions of the response determined to be the best value and most advantageous to the City, and hold the responses for a period of 1.20 days without taking action. The City of Schertz reserves the right to accept responses from more than one firm determined to be the best option for the City. Respondents are required to hold their responses firm for the same period of time. Hand - delivered & Courier Submissions: Purchasing & Asset Management Department 1400 Schertz :Parkway, Bldg. # 2, Schertz, TX 78154 A Pre- Submittal Conference will be held September 30, 2015 at 9:30 AM in the Public Works Conference Room, 10 Commercial Place, Schertz, TX 78154. All prospective respondents are encouraged to attend. LABELING INSTRUCTIONS: Envelopes must be clearly marked: CITY OF SCHERTZ REQUEST FOR PROPOSALS CONSTRUCTION OF WOODLAND OAKS RETAINING WALL # 15- PW- 38 -C -02 I. DEVIATION FROM SPECIFICATION / REQUIREMENTS Please read the requirements thoroughly and be sure that your response complies with all requirements /specifications noted. Any variation from the solicitation requirements /specifications must be clearly indicated by letter, on a point -by -point basis, attached to and made a part of the RFP. If no exceptions are noted, and you are the successful respondent, the City of Schertz will require that the service(s) be provided as specified. II. PURPOSE The purpose of these specifications /requirements and RFP documents are to award a Construction Agreement for: CONSTRUCTION OF WOODLAND OAKS RETAINING WALL 1011.1.9011 The construction services to be provided under the RFP /Proposals shall be in accordance with and shall meet all specifications and /or requirements as shown in this solicitation for Request for Proposals (RFP). There is no intention to disqualify any respondent who can meet the requirements. 1.1 9 ' RFP shall be submitted in a sealed envelope as referenced on the attached solicitation. One (1) signed original marked "ORIGINAL ", five (5) complete sets marked "COPY 1 ", "COPY 2 ", etc. and one (1) DVD or USB of the response is to be submitted complete with all supporting documentation. RFP WILL be accepted in person, by United States Mail, or by private courier service. RFP WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission. RFP may be withdrawn prior to the above scheduled time set for closing. Alterations made before RFP closing must be initiated by respondents guaranteeing authenticity. Submittal of a response to this RFP constitutes an offer by the respondent. Once submitted, the RFP becomes the property of the City of Schertz and as such the City reserves the right to use any ideas contained in any response regardless of whether that respondent /firm is selected. Submission of a proposal in response to this solicitation, by any respondent, shall indicate that the respondent(s) has accepted the conditions contained in the RFP, unless clearly and specifically noted in the RFP submitted and confirmed in the contract between the City and the successful respondent. RFP which do not comply with these requirements may be rejected at the option of the City. RFP must be filed with the City of Schertz before the deadline day and hour. No late RFP will be accepted. They will be returned to respondent unopened (if properly identified). Failure to meet RFP requirements may be grounds for disqualifying a proposal. Hand - delivered & Courier Submissions: Purchasing & Asset Management Department 1400 Schertz Parkway, Bldg. # 2, Schertz, TX 78154 a 6 0 The City of Scheitz (the "City") invites the submittal of responses to this RFP from qualified firms interested in providing construction services in connection with the construction of the Woodland Oaks Retaining Wall. This project generally consists of a) removal of an existing railroad tie retaining wall; b) construction of a cast in place retaining wall (the "Project"). PIJUV14-CLI-Plall Uld7vings Ulm wC11111cal spcU111CUL1011s uJaL 111ay VC Uirwillcu 19,7 ]JILCICSwu V1( the preparation • any bids and proposals that may • submitted in response to this RFP. The Instructions to Bidders provided with this RFP provide instructions and information for prospective bidders to obtain copies of the drawings and specifications. A. LOCATION The Project is located at the northwest comer of Woodland Oaks Drive and Woodbridge Way, in Schertz, Texas 78154. A vicinity map detailing the general location of the Project site is attached to this RFP. The City proposes to retain a highly qualified, capable firm to act as its general contractor for the construction of the Project using the Sealed Proposal delivery method authorized by chapter 2269 of the Texas Government Code. Firms who participate in this RFP process are sometimes referred to as "Bidders", "Respondents" and "Offerors". The City will give prime consideration to the Bidders with significant, current experience in the management and construction of similar projects. Experience in civil construction with specific experience in the construction of cast in place retaining walls is essential. Pursuant to its statutory authority, the City reserves the right to negotiate with a selected Respondent but shall not be obligated to enter into any contract with any Respondent on any terms or conditions, 0 -1 �# �1 � The City anticipates the scope of work to consist of the following responsibilities: The selected offeror will be the general contractor for the Project, which is the construction of Woodland Oaks Retaining Wall. This project consists of a) removal of an existing railroad tie retaining wall; b) construction of a 1,394 square foot cast in place concrete retaining wall; c) removal and reconstruction of wood fence, sidewalk, curb and gutter; d) removal of existing streetlight, relocation of conduit, and reconstruction of light base (the "Project") and all other work and appurtenances necessary for the complete Project. The Project is designed and will be constructed so as to meet all applicable federal, state, and local accessibility standards. The selected Offeror will be also responsible for: obtaining all applicable permits and inspections; providing all necessary performance and payment bonds and insurance certificates; and providing the City with all warranties for all equipment installed. The selected Offeror may be requested to work with the City's engineer to provide some preconstruction services including, but not limited to, value engineering. Construction Services may include, but not necessarily be limited to, all work associated with construction, maintenance, and warranty of the facility. A detailed depiction and description of the work to be performed for the project can be ascertained from the drawings and specifications published in connection with this RFP. The City's estimated maximum construction budget is approximately $118,000. This includes all incidental and contingent expenses associated with the construction of the Project. I - Offerors should prepare a proposal responsive to all information requested in this RFP. The City will use a selection committee to evaluate the proposals. The City's selection committee will rank the Offerors based on the information provided and in accordance with the selection criteria contained in this RFP. The City will notify each Offeror of the rankings within 45 days of bid opening. The City will then negotiate with highest ranked Offeror on contract terms and conditions. If a contract cannot be successfully negotiated with the highest ranked Offeror, in the opinion of the City, negotiations will be terminated and the City will proceed to negotiate with the next highest ranked Offeror until a mutually agreed contract can be negotiated. kl�M DI a Kay I I IN The selection criteria used to evaluate the RFP responses will include, but not be limited to, the following (items listed below are not listed in order of importance): 1. The Cost of the Work (weighted at 45%). 2. Proposed Schedule/Contract Time (weighted at 10%). 3. The qualifications, reputation, capability and past performance of the contractor and the contractor's subcontractors (if any) on similar projects (weighted at 10%). 4. The overall qualifications, reputation, capability, safety record, and financial capability of the contractor (weighted at 10%). 5. The contractor's past relationship and experience with the City of Schertz or other public entities (weighted at 5%). 6. The available resources to complete project. This criterion would include personnel, resources and methodologies commonly used by the firm that may be applicable to the project categories (weighted at 10%). 7. The Contractor's corporate history and stability. This criterion includes the historical stability, corporate structure, history of litigation or arbitration, and a statement of any liquidated damages that have previously been withheld by public owner clients of the Offeror on projects in the last five (5) years. (weighted at 5%). 8. References (weighted at 5%). Offerors shall include with the proposal all information and qualifications to allow the City's selection committee to evaluate the proposal in accordance with this section and the evaluation criteria listed here. The City reserves the right to request additional post-proposal information from any or all Offerors to assist in evaluating the proposal based on the selection criteria. The City reserves the right to reject any and all proposals. The City reserves the right to waive any or all irregularities in proposals. mum" Item Weighting 1. Cost of the Work 45% 2. Proposed Schedule /Contract Time 10% 3. Past Performance on Similar Projects 10% 4. Overall Qualifications, Reputation, etc. 10% 5. Past Relationship with Schertz & Public Owners 5% 6. Available Resources to Complete the Project 10% 7. Corporate History and Stability 5% 8. References 5% XI. PREPARATION OF RFP Responses MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent /Bidder whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate by -laws and shall also list the state in which it is incorporated. A partnership Respondent/Bidder shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Respondent /Bidder shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each respondent/ bidder, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the respondent. XII. CONTRACT Successful Bidder shall be required to execute an Agreement with the City, provided as an attachment to this RFP. THE CITY OF SCHERTZ RESERVES THE RIGHT TO REFUSE AND REJECT ANY OR ALL RFP AND TO WAIVE ANY OR ALL FORMALITIES OR TECHNICALITIES, AND TO MAKE SUCH AWARDS OF CONTRACT AS MAY BE DEEMED TO BE THE BEST VALUE AND MOST ADVANTAGEOUS TO THE CITY OF SCHERTZ. END OF DOCUMENT f t h�1 r� i6 WOODBRiDGE U1�jt" y � �t�t�� 1 Yl� {xtb B �,*'" ¢ � r � '� t� � `fit F �{ rt pA ,,„�' .+n,✓'� ���w ��«r���u r° Y" �"�,a 4�} ��s���t��z4354��r'.. A `� n^"" �P .rz` ,:.. ..r'""n ✓'.r^ j �.0 n4 All 4 E€ ¢ dry 0010� t � WOODLAND OAKS U 6C 4 x .rv(5 i( G ^y��trrd a x fg WOODLAND OAKS U 5B 4 lamp City of Schertz Woodland Oaks Retaining Wall PRICE PROPOSAL A partnership consisting of An individual doing business as TO THE CITY OF SCHERTZ: a corporation Pursuant to Request for Proposals, the undersigned proposes to furnish all labor and materials as specified and perform the work required for the WOODLAND OAKS RETAINING WALL in accordance with the Plans and Specifications for the following prices to wit: ITEM NO. SPEC NO. ITEM DESCRIPTION (UNIT PRICE TO BE WRITTEN IN WORDS) UNIT QTY. UNIT PRICE IN FIGURES TOTAL IN FIGURES 1.01 1.02 1.03 01.502 -1 01.555 -1 01.570 -1. MOBILIZATION Dollars LS LS LS 1 1 1 and Cents TRAFFIC CONTROL AND REGULATION Dollars and Cents STORMWATER POLLUTION PREVENTION PLAN Dollars and Cents P - I City of Schertz Woodland Oaks Retaining Wall 1.04 1.05 1.06 1.07 1.08 1.09 02233 -1 01740 -1 02221 -1 02221 -2 02233 -2 02631 -1 REMOVE FENCE Dollars LF LF SY LS ACRE LF 156 156 141 1 0.05 6 $ $ and Cents FURNISH AND INSTALL WOOD FENCE Dollars and Cents REMOVE SIDEWALK Dollars and Cents REMOVE RETAINING WALL Dollars and Cents CLEARING AND GRUBBING Dollars and Cents 6" AWWA C900 PVC PIPE Dollars and Cents P -2 City of Schertz Woodland Oaks Retaining Wall 1.10 1.11 1.12 1.13 1.14 1.15 02632 -1 02771 -1 02775 -1 02835 -1 02922 -1 TXDOT 432 -6001 NYOPLAST 8" INLINE DRAIN AND COVER Dollars EA LF SY SF SY CY 1 73 175 1,394 333 7 $ $ and Cents CONCRETE CURB AND GUTTER Dollars and Cents CONCRETE SIDEWALK Dollars and Cents RETAINING WALL Dollars and Cents SODDING Dollars and Cents CONCRETE RIPRAP (4" THICK} Dollars and Cents P -3 City of Schertz Woodland Oaks Retaining Wall 1.16 1.17 TXDOT 610 -6002 TXDOT 644 -6068 RELOCATE RD IL ASM (SHOE -BASE) Dollars EA EA 1 1 $ $ and Cents RELOCATE SM RD SN SUP &AM TY 10BWG Dollars and Cents TOTAL PRICE 1. Complete the additional requirements of the Proposal which are included on the following pages. 2. Respondent must return pages P -1 through. P -4 with this Proposal. Any and all Addenda which are issued by the City with appropriate signatures acknowledging receipt shall be attached to and made a part of this Proposal. 3. The Work included in this Proposal shall be Substantially Complete, as defined in the General Conditions within 90 calendar days from issuance of the Notice to Proceed. ADDITIONAL RESPONDENT INFORMATION Complete the additional requirements of the Proposal. All blanks must be filled in for the Proposal to be considered responsive. If a question is not applicable, put the words "not applicable" in the space provided. 1. What similar public works projects has your company completed? Owner Owner's Phone Number Project Description Date Completed Contract Amount City of Schertz Woodland Oaks Retaining Wall BID PROPOSAL Accompanying this proposal is a Bid Bond or Certified or Cashier's, Check on a State or National Bank payable to the Order of the City of Schertz, Texas for dollars ($ ), which amount represents five percent (5 %) of the total bid price. Said bond or check is to be returned to the Respondent unless the proposal is accepted and the Respondent fails to execute and file a contract within 10 calendar days after the award of the Contract, in which case the check shall become the property of said City of Schertz, Texas, and shall he considered as payment for damages due to delay and other inconveniences suffered by said City of Schertz, Texas due to the failure of the Respondent to execute the contract. The City of Schertz, Texas reserves the right to reject any and all proposals. It is anticipated that the Owner will act on this proposal within 45 calendar days after the proposal opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute standard City of Schertz, Texas Contract Documents and make Performance and Payment Bonds for the full amount of the contract within 10 calendar days after the award of the Contract to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is anticipated that the Owner will provide written Authorization to Proceed within 10 days after the award of the Contract. The Contractor hereby agrees to commence work under this Contract immediately after issuance by the City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 90 calendar days from the Notice to Proceed. Under no circumstances shall the work commence prior to Contractor's receipt of City of Schertz, Texas issued, written Authorization to Proceed. The undersigned certifies that the proposal prices contained in the proposal have been carefully checked and are submitted as correct and final. In completing the work contained in this proposal the undersigned certifies that Respondent's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin and that the Respondent will affirmatively cooperate in the implementation of these policies and practices. Signed: Company Name Authorized Company Signature Name Printed Address City, State, Zip Telephone P -5 MKIKAOIM I I 1;10 ILIATA I K-11 This Agreement is made and entered into as of the day of 2015 by and between the: KOMIM" The City of Schertz 1.400 Schertz Parkway Schertz, Texas 78154 210.619. 1000 t 210.619.1009 f and "CONTRACTOR" [name of Contractor] [address] [phone and fax numbers] for the following Project: Woodland Oaks Retaining Wall # 15-PW-38-C-02 The ENGINEER for the Project is Lockwood, Andrews & Newnam, Inc. 10101 Reunion Place Suite 200 San Antonio, Texas 78216 210.499.5082 t 210.499.5157 f SFA - 1 1.0 THE WORK OF THIS CONTRACT Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto. The Contract Documents for this Project include this Standard Form of Agreement and the following documents, if applicable: Addenda issued by ENGINEER General Conditions Performance and Payment Bonds Request for Proposal and Contract Forms Technical. Specifications Drawings 2.0 CONTRACT TIME AND COMPLETION § 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the OWNER § 2.2 Contract Time §2.2.1 The Contract Time shall be measured from the date of commencement. §2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement. § 2.3 Substantial Completion The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 60 calendar days from the date of commencement, subject to and adjustments of this Contract Time as provided in the Contract Documents and Changer Orders modifying and extending this Agreement. § 2.4 Liquidated Damages The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially, or cause the Substantial. Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial. Completion date, subject to proper extension granted by the OWNER, then the CONTRACTOR agrees to pay the OWNER the sum of Two hundred fifty dollars ($250) per day. for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ( "Liquidated Damages ") that would be suffered by OWNER as a result of delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time. § 2.5 FINAL COMPLETION § 2.5.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided in the General Conditions to this Agreement. § 2.5.2 Final. Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to the Contract Documents. 3.0 CONTRACT SUM § 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONT:RACTOR's performance of the Contract. The Contract Sum shall be [insert written total] ([insert numerical total]) subject to additions and deductions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the OWNER: [alternate if any] [alternate if any] § 3.3 Unit prices, if any: [insert any unit price items and descriptions] [or add reference to Proposal with unit prices and estimated quantities] Item Units and Limitations Price Per Unit ($0.00) [unity [arie] SFA - 3 4.0 PAYMENT § 4.1 APPLICATIONS FOR PAYMENT Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Amount among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER and OWNER may require. This schedule, unless objected to by the ENGINEER or OWNER, shall be used as a basis for reviewing the CONTRACTOR's Applications for Payment. § 4.1.1 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Unless otherwise noted, application for payment shall be done on a monthly basis. § 4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of qT n) percent ( t10.0,0 %). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored off the site at a location agreed upon in writing), less retainage of < <Ten >% percent ( c <1 : f1 ')) .3 Subtract the aggregate of previous payments made by the OWNER; and .4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a Certificate for Payment. § 4.1.3 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the ENGINEER shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the CONTRACTOR, any additional amounts payable. § 4.1.4 Reduction or limitation of retainage, if any, shall be as follows: § 4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the OWNER to the CONTRACTOR when .1 the CONTRACTOR has fully performed the Contract except for the CONTRACTOR's responsibility to correct Work as provided in the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a letter of Final Acceptance has been issued by the ENGINEER and accepted by the OWNER. § 4.2.2 The OWNER's final payment to the CONTRACTOR shall be made no later than 30 days after the Work has been completed and accepted by the OWNER, in writing, following the issuance of the ENGINEER's final Certificate for Payment: This Agreement is entered into as of the day and year written above ("The Date of Execution"): By: _ Title: By: _ Title: SFA - 5 Rn Rn Article Page Number &Title Number L. DEFINITIONS . ........................................................................................................................ 2 3. CONTRACT DOCUMENTS: ONTENT, AMENDING, REUSE . ........................................... 0 4. AVAILABILITY ()pLANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS . ................................................................................. 0 5. BONDS AND INSURANCE ................................................................................................... l2 7. OTHER WORK ........................................................................................................................ 27 8. OWNER'S RESPONSIBILITIES ............................................................................................. 28 q. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION .................................... 29 lO. CHANGES DN THE WORK . ................................................................................................... 3O l[ CHANGE OF CONTRACT AMOUNT . ................................................................................. 32 l2. CHANGE (]F CONTRACT TIMES . ....................................................................................... 34 13. TESTS AND INSPECTIONS; AND CORRECTION ()Q. REMOVAL ()F DEFECTIVE WORK . ............................................................................. 37 15. SUSPENSION (lF WORK AND TERMINATION ---------------------..4h lh. DISPUTE RESOLUTION ........................................................................................................ 40 l7. RIGHT TO AUDIT .................................................................................................................. 49 18. MISCELLANEOUS -------------------------------------. 50 Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement - Prescribed form, Standard Form of Agreement. 1.3 Bid Documents - The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda. 1.4 Calendar Day - Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.5 Change Directive - A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.6 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.7 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.8 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.9 Contract Amount - The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.10 Contract Documents — Invitation to Bid, Instructions to Bidders, General Conditions, Supplemental General Conditions (if any), Special Conditions (if any), Technical Specifications, Project Manual, Drawings, Addenda and Change Orders. GC -2 1.11 Contract Time - The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty -four (24) hours measured from midnight to the next midnight will constitute a day. 1.12 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 1.13 Date of Execution - Date of last signature of the parties to the Agreement. 1.14 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.15 Engineer - The OWNER's design professional identified as such in the Contract. 1.16 Equal - The terms "equal" or "approved equal" shall have the same meaning. 1.1.7 Field Order - A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.18 Final. Acceptance - The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.19 Final. Completion - The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by the OWNER. 1.20 Inspector - The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.21 Legal Holidays 1.22 The following are recognized by the OWNER: Holiday New Year's Day Martin Luther King, Jr.'s Birthday Date Observed January 1 Third Monday in January GC -3 President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 1.1. Thanksgiving Day Fourth Thursday in November Friday after Friday after Thanksgiving Thanksgiving Christmas Eve December 24 Christmas Day December 25 1.22.1 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.22.2 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.22.3 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.23 Milestones - A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.24 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR fixing the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.25 OWNER — The City of Schertz, acting through its City Manager or his /her designee, officers, agents or employees to administer design and construction of the Project. 1.26 Owner's Representative - The designated representative of the OWNER. Such designation shall be provided to ENGINEER and CONTRACTOR in writing. GC -4 1.27 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.28 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.29 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.30 Proposal Documents — The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.31 Resident Project Representative - The authorized representative of ENGINEER who may be assigned to the site or any part thereof.. 1.32 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.33 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a completed and useful project. 1.34 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, is sufficiently complete in accordance with the Contract Documents so that the OWNER can utilize the Work for its intended purpose or use. 1.35 Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.36 Sub - subcontractor - A person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work. 1.37 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.38 Supplier - An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. GC -5 1.39 Time Extension Request - A request for time extension on a form acceptable to the OWNER. 1.40 Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.41 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven (7) hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and /or Legal Holidays may be allowed and in that event a Working Day will be counted for each such day. 1.42 Working Times imes - Times of day(s) during which work may be performed. Unless authorized by OWNER, all Work shall be performed between 8:00 a.m. and 5:00 p.m. on weekdays. If authorized by the OWNER between 8:00 a.m. and 5:00p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.43 Written. Notice - Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. Written Notice sent or transmitted by electronic mail or facsimile must be actually received to be considered delivered and to comply with notice requirements herein. Transmission done by electronic mail or facsimile does not constitute delivery. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: 2.1.1 Within ten (10) Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: 2.2.1 The OWNER shall furnish to the CONTRACTOR three (3) printed copies of the Contract Documents and one (1) copy in electronic portable document format (PDF) unless otherwise specified. Additional printed copies will be furnished, upon request, at the cost of reproduction. GC -6 2.3 Commencement of Contract Times; Notice to Proceed: 2.3.1 The Contract Time(s) will begin to run on the day indicated in the Notice to Proceed. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to OWNER & ENGINEER any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby. Should Contractors perform the Work after discovery of such a conflict without reporting the conflict or before receipt of a clarification or interpretation by Engineer, Contractor will be solely liable for any correction or other measures that may be required to overcome the conflict or bring the Work into compliance with the Contract Documents. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; GC -7 .9 if applicable, a traffic control plan; .10 a completed Non -Use of Asbestos Affidavit (Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor that shall be employed for any portion of the Work required by the Contract Documents to be performed by a RPLS. 2.5 Preconstruction Conference: 2.5.1 Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the CONTRACTOR shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Standard Form of Agreement Addenda to the Contract Documents General Conditions Performance and Payment Bonds Request for Proposal and any Contract Forms Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions) 3.1.2 Unless otherwise stated in the Contract Documents, words which have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: 3.2.1 If, during the performance of the Work, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to ENGINEER in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or GC -8 supplement to the Contract Documents has been issued by one of the methods indicated in section 3.3. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: 3.4.1 The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and ENGINEER. ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS 4.1 Availability of Lands: 4.1.1 The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the GC -9 OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights -of -way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of spoils, materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 CONTRACTOR accepts the responsibility to satisfy itself as to the soil conditions and nature and type of geological formations in and through which this Project will be constructed. Such information as may be obtained from the test borings (if borings have provided) and accompanying notations shown on the plans is merely for the guidance of the CONTRACTOR and is not to be construed in any manner as a guarantee by the OWNER that such conditions of sub - surface strata are infallible. 4.2.2 The CONTRACTOR hereby represents and covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. 4.2.3 CONTRACTOR waives any and all rights to make a claim against OWNER relating to representations related to geotechnical data provided in the contract documents, plans and specifications. The locations of the test holes, if applicable, are shown in the Geotechnical Report. Logs of these test holes are included in the Geotechnical Report. Test holes information represents subsurface characteristics to the extent indicated and only for the point location of the test hole. CONTRACTOR shall make its own interpretation of the character and condition of the materials, which will be encountered. CONTRACTOR may, at its own expense, make additional surveys and investigations as it may deem necessary to determine conditions, which will affect performance of the Work. 4.2.4 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. ENGINEER will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, may recommend an equitable adjustment in the Contract Amount or Contract Time, or both. If ENGINEER determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. If CONTRACTOR disagrees with ENGINEER'S determination, CONTRACTOR may appeal such determination to OWNER. Such appeal must be presented to OWNER with all supporting documentation evidencing CONTRACTOR'S claim for an adjustment to the Contract Amount or Contract Time within thirty (30) calendar days of GC - 10 completing the Work. Any unresolved disputes arising from ENGINEER'S OR OWNER'S determination shall be resolved in accordance with Article 16. 4.2.5 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines" means the all utility distribution and supply system within public rights -of -way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right -of. -way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call" and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be primary and non - delegable. The CONTRACTOR shall be liable for any expenses or costs (including fines that may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area. 4.3 Reference Points: 4.3.1 Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which., in the OWNER's opinion, are suitable for laying out the Work. 4.3.2 All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, the CONTRACTOR will provide notice of the conflict to ENGINEER and note the location of such on a set of red -lined drawings to be maintained at all times on the jobsite. Reestablishment will be the CONTRACTOR's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within . the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify the OWNER of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. GC - 11 4.4.3 CONTRACTOR shall be responsible for securing and protecting the site and ensuring that no third- parties or other persons enter the site without authorization. CONTRACTOR shall be responsible for all costs and damages resulting from any harm or injury that is caused by hazardous materials on the site to any unauthorized entrants. CONTRACTOR shall indemnify and hold OWNER and ENGINEER harmless from any claims, costs, or damages related to a breach of this section pursuant to the INDEMNIFICATION provisions contained herein. 4.4.4 No asbestos - containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 5.1 Surety and Insurance Companies: 5.1.1 All bonds and insurance required by the Contract Documents shall be obtained from surety or insurance companies that are duly licensed by the State of Texas and authorized by the State of Texas and the Texas Department of Insurance to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety that complies with the requirements of Chapter 3503 of the Texas Insurance Code. 5.2 Contractor Insurance Requirements 5.2.1 For specific insurance requirements, refer to Exhibit A to these General Conditions, OWNER's Insurance Requirements. 5.2.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER within ten (10) days of the Date of Execution the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. GC - 12 .3 All endorsements naming the OWNER and ENGINEER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Schertz and Ford Engineering, Inc. .4 Where the OWNER and ENGINEER are additional insured shown on any policy, it is intended that policies required in the Contract, covering OWNER, ENGINEER and CONTRACTOR, shall be considered primary coverage as applicable. .5 If insurance policies are not written for amounts specified in Exhibit A, Owner's Insurance Requirements, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .6 OWNER and ENGINEER shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .7 OWNER and ENGINEER reserve the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER or ENGINEER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .8 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .9 CONTRACTOR shall be responsible for premiums, deductibles and self - insured retentions, if any, stated in policies. All deductibles or self. - insured retentions shall be disclosed on the Certificate of Insurance. .10 CONTRACTOR shall provide OWNER and ENGINEER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .11 If OWNER -owned property is being transported or stored off -site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. GC - 13 .12 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3 Bonds: 5.3.1 General. .l Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten (10) days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 Bonds provided by CONTRACTOR shall conform to the requirements contained in Chapter 2253 of the Government Code. 5.3.2 Performance Bond. .1 CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, which shall extend for the one year warranty period. 5.3.3 Payment Bond. .l CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 6.1.2 The CONTRACTOR shall have an English- speaking, competent Superintendent on the Work at all times that work is in progress. Upon OWNER'S request, the CONTRACTOR shall present the resume of the Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the OWNER'S opinion, the proposed Superintendent does not indicate GC - 14 sufficient experience in line with the Work, he /she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without written consent of the OWNER. Such consent shall not be unreasonably withheld. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. 6.2.2 CONTRACTOR shall provide and pay for labor in accordance with the prevailing wage in the locality and shall not pay less than the prevailing wage. 6.2.3 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re- testing of defective work, start-up and completion of the Work. 6.2.4 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by OWNER, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. All special or manufacturer's warranties required by the specifications shall expressly run to the benefit of the OWNER. 6.2.5 Substitutes and "Approved Equal" Items: 6.2.5.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains words reading that no like, equivalent or "approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to OWNER under the following circumstances: .1 "Approved Equal ": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that GC - 15 named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.5.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.5.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to OWNER's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.5.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.5.1.1 and paragraph 6.2.5.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any "approved equal" or substitute. The OWNER shall not be responsible for any delay due to review time for any "approved equal" or substitute. 6.2.5.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal" or substitute item will be at the CONTRACTOR's expense. 6.2.5.5 Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other warranty bond with respect to any substitute. 6.2.5.6 Effect of Engineer's Determination: If ENGINEER approves the substitution request, CONTRACTOR shall execute any required documentation and proceed with the substitution. The ENGINEER'S denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. GC - 16 6.2.6 Shop Drawings, Samples, and Other Submittals: 6.2.6.1 Shop Drawing and Sample Submittal Requirements: .1 Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. .2 Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. .3 With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. 6.2.6.2 Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. .1 Shop Drawings: a. Contractor shall submit the number of copies and format as required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information provided. .2 Samples: GC - 17 a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal. .3 Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. .4 After review and approval of Submittal, Shop Drawing or Sample by Engineer in accordance with this section, Contractor may rely on the information provided by Engineer. Work performed in accordance with an approved Submittal, Shop Drawing, or Sample and the Contract Documents will be presumed to be acceptable to Owner unless an actual defect in the Work is discovered. 6.2.6.3 Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. 6.2.6.4 Engineer's Review: .1 Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. .2 Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.2.5 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. .3 Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. .4 Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. GC - 18 .5 Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples subject to the obligations and limitations provided in section 6.2.6.4.2 above. 6.2.6.5 Resubmittal Procedures: .1 Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. .2 Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set -off against payments due to Contractor to secure reimbursement for such charges. .3 If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set -off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 6.3 Progress Schedule: 6.3.1 Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.4.2.1 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to OWNER for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. .3 The CONTRACTOR shall submit updated progress schedules with each application . for payment showing progress in the work and the plan for the progress of the work thereafter. .4 A current and updated progress schedule shall be posted at the site at all times. GC - 19 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR shall not assign this Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it intends to use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections, the OWNER will communicate such objections by Written Notice. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the OWNER through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. GC - 20 6.5.3 THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, DEFEND, AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY, DIRECT OR INDIRECT, ARISING WITH RESPECT TO THE CONTRACTOR'S PROCESS IN THE FORMULATION OF ITS BID OR THE PERFORMANCE OF THE WORK OR OTHERWISE ARISING IN CONNECTION THEREWITH. THE OWNER RESERVES THE RIGHT TO PROVIDE ITS OWN DEFENSE TO ANY SUIT OR CLAIM OF INFRINGEMENT OF ANY PATENT OR COPYRIGHT IN WHICH EVENT THE CONTRACTOR SHALL INDEMNIFY AND SAVE HARMLESS THE OWNER FROM ALL COSTS AND EXPENSES OF SUCH DEFENSE AS WELL AS SATISFACTION OF ALL JUDGMENTS ENTERED AGAINST THE OWNER. 6.6 Permits, Fees: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and /or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights -of -way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor ENGINEER shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or regulations, then the CONTRACTOR shall bear all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. GC -21 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 6.8.2 The OWNER is an exempt organization as defined by Chapter 1.1 of the Texas Tax Code and is thereby exempt from payment of sales tax. To enjoy the cost- savings benefits of its tax - exempt status, the OWNER will provide a Tax Exemption Certificate to the CONTRACTOR for use on the Project. The CONTRACTOR shall use that certificate to exempt any purchases made for the Work from taxes. All savings for the tax - exempt status will be passed on to the OWNER by the CONTRACTOR. The CONTRACTOR agrees to bind all SUBCONTRACTORS of any tier to the obligation to present and use the Tax Exemption Certificate and pass all savings to the OWNER. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ENGINEER, ENGINEER'S CONSULTANTS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES AND DAMAGES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RESULTING FROM ANY CLAIM OR ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH OWNER OR OCCUPANT AGAINST THE OWNER, ENGINEER OR ANY OTHER PARTY INDEMNIFIED HEREUNDER TO THE EXTENT CAUSED BY OR BASED UPON PERFORMANCE OF THE WORK OR FAILURE TO PERFORM THE WORK. 6.9.2 During the progress of the Work, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. GC - 22 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings, will be available to the OWNER and ENGINEER for reference during performance of the Work. Prior to Final. Acceptance of the Work, these record documents, samples and Shop Drawings shall be promptly delivered to the OWNER. Delivery of these record documents is a condition precedent to Final Completion. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures, the CONTRACTOR shall submit a site security plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who maybe affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify OWNERS of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, shall be remedied by the CONTRACTOR. The CONT:RACTOR's duties and responsibilities GC -23 for safety and protection of the Work shall continue until such time as all the Work is finally complete. 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.1.1.5 Emergencies: 6.1.1.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or ENGINEER, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency, a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.1.1.5.2 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty -four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and ENGLNEER's records, within forty -eight (48) hours of the event. Nothing in this section will relieve CONTRACTOR of its obligations and responsibilities with respect to an injury under any state and federal laws and regulations. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. GC - 24 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by OWNER and/or ENGINEER; .2 recommendation of any progress or final payment by OWNER; .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER; .S any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. 6.1.3.3 The Contractor warrants and guarantees for one (1) year from Substantial Completion, or for a longer period if expressly stated in the Contract Documents, the Work. This includes a Warranty and Guarantee against any and all defects. The Contractor must correct any and all defects in material and /or workmanship which may appear during the Warranty and Guarantee period, or any defects that occur within one (1) year of Substantial. Completion even if discovered more than one (1) year after Substantial Completion, by repairing (or replacing with new items or new materials, if necessary) any such defect at no cost to the Owner, within a reasonable period of time, and to the Owner's satisfaction. GC -25 6.14 Indemnification: 6.14.1 THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS AND OTHER PROFESSIONALS AND ALL COURT OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH CLAIM, COST, LOSS OR DAMAGE: .1 IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE RESULTING THEREFROM, AND .2 IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, ANY PERSON OR ORGANIZATION DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM OR FURNISH ANY OF THE WORK OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT CAUSED IN PART BY ANY NEGLIGENCE OR OMISSION OF A PERSON OR ENTITY INDEMNIFIED HEREUNDER OR WHETHER LIABILITY IS IMPOSED UPON SUCH INDEMNIFIED PARTY BY LAWS AND REGULATIONS REGARDLESS OF THE NEGLIGENCE OF ANY SUCH PERSON OR ENTITY. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: 6.15.1 All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. GC -26 6.16 Force Majeure 6.16.1 If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 7); and 4. acts of war or terrorism. 6.17 Notice of Claim: 6.17.1 Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within ninety (90) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 1.1 or Article 1.2. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not GC - 27 endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage wrongfully caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's :Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an express waiver of claims and an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. This section shall not limit the ENGINEER'S role as the OWNER's design professional or its ability to communicate with the CONTRACTOR to ensure the Work complies with the Contract Documents. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. GC -28 8.3 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.4 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points), Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion). 8.5 Notice of Claim: 8.5.1 Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a Claim will be made to the other party within ninety (90) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 9.1 ENGINEER's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of ENGINEER during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and ENGINEER. The assignment of any authority, duties or responsibilities to ENGINEER under the Contract Documents, or under any agreement between the OWNER and ENGINEER, or any undertaking, exercise or performance thereof by ENGINEER, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub - subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 If the OWNER so directs, ENGINEER will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.3 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to ENGINEER's Consultants, :Resident Project Representative and assistants. GC - 29 9.2 ENGINEER as Owner's Representative: 9.2.1 The OWNER may designate the ENGINEER as the Owner's Representative. Any such designation will be made in writing to the CONTRACTOR with a copy to the ENGINEER. 9.3 Visits to Site: 9.3.1 If the OWNER so directs, ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. ENGINEER's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. 9.4 Project Representative: 9.4.1 If the OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1. The OWNER may designate another representative or agent to represent the OWNER at the site who is not ENGINEER, ENGINEER's consultant, agent or employee. 9.5 ENGINEER shall review and approve Shop Drawings and Samples in accordance with section 6.2.6. 9.6 Clarifications and Interpretations: 9.6.1 ENGINEER may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents, will be issued with reasonable promptness. The CONTRACTOR may seek a written clarification or interpretation from the engineer through a written Request for Information (RFI). The ENGINEER shall respond to all RFI's promptly. If the OWNER or the CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. GC -30 9.7 Rejecting Defective Work: 9.7.1 ENGINEER will recommend that the OWNER disapprove or reject Work which ENGINEER believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.1.1.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR's opinion, will result in a change in the Contract Amount and /or Contract Times. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and /or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. GC -31 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 The OWNER or ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and /or Contract Times, the CONTRACTOR shall make written request to The Owner for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and /or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: 10.5.1 The CONTRACTOR shall receive no compensation for delays or hindrances to the Work. CONTRACTOR expressly waives any right to an adjustment in Contract Price for any event of delay. CONTRACTOR's sole remedy for any delay shall be limited to an adjustment in Contract Time. If delay is caused by specific orders given by the OWNER to stop work or by performance of extra Work or by failure of the OWNER to provide information, access to the work, material or necessary instructions for carrying on the Work, then such delay will entitle the CONTRACTOR to an extension of time. No such extension of time shall release the CONTRACTOR from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. GC -32 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty -five percent (25 %) and it may not be decreased more than twenty -five percent (25 %) without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order or Change Directive. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than ninety (90) calendar days) after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered with the Written Notice of Claim delivered by claimant to the extent the data is available, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit (determined as provided in paragraph 11.5). 1.1.4.2A Cost of Work determined pursuant to 11.5 shall only be used if the OWNER and CONTRACTOR cannot resolve a value determination by agreement on unit pricing or lump sum. 11.5 Cost of Work: 11.5.1 If an agreement cannot be achieved before a change in the Work is commenced which will result in an adjustment in the Contract Amount, then the change in the Work will be performed by a Change Directive and payment will be made as follows: GC -33 .l For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rate determination applicable to the Project. If the rate determination does not contain burden, then burden shall be calculated as such: 55% of the base wage excluding markup for CONTRACTOR's overhead and profit. For each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty -five percent (25 %) of the sum thereof as compensation for the CONTRACTOR's total overhead and profit will be added. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty - five percent (25 %) thereof as compensation for the CONTRACTOR's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount. .3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work, which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER o r E N G I N E E R and signed by both Owner's Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records does not invalidate the accuracy of the record. 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the GC - 34 CONTRACTOR will be made by the ENGINEER. OWNER and ENGINEER will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.3 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. ARTICLE 12 - CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and the OWNER. Any claim for an adjustment of the Contract Times (or Milestones) shall be made by Written Notice delivered by the party making the Claim to the other party promptly after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered with the Written Notice of Claim, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both the OWNER and the CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the work which justify additional time. GC -35 .2 Failure of materials or products being at the Project site due to delays in transportation or delivery, which are not the result of the CONTRACTOR's, Subcontractor's or Supplier's negligence. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, including but not limited to, the CONTRACTOR's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s) forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/ Subcontractor and Supplier indicating the CONTRACTOR/ Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, ENGINEER, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 Events of delay listed in section 6.1.6. 12.2 Calendar Day Contracts: Under a Calendar Day Contract, Contractor may also be granted an extension of time because of unusual inclement weather, which is beyond the normal weather recorded and expected for [insert locality for project], Texas. Normal rainfall complied by the State climatologist, based on U.S. Weather Bureau Records for [insert locality for project], Texas, is considered a part of the Calendar Day Contract, and is not a justification for an extension of time. Listed as follows are the mean number of days in which there occurred 0.10 inch or more of precipitation: January-------------------------------------------- - - - - -4 days February------------------------------------------ - - - - -3 days March----------------------------------------------- - - - - -4 days April------------------------------------------------- - - - - -3 days GC -36 May-------------------------------------------------- - - - --5 days June-------------------------------------------------- - - - - -5 days July-------------------------------------------------- - - - --3 days August--------------------------------------------- - - - - -3 days September---------------------------------------- - - - - -4 days October-------------------------------------------- - - - - -5 days November---------------------------------------- - - - - -3 days December---------------------------------------- - - - - -3 days Rain days per month in amounts exceeding the number of days shown above may be credited as a Rain Day if a Claim is made in accordance with the general conditions and meets the following definition: a "Rain Day" is any day in which a rain event occurs at the site and is sufficient to prevent Contractor from performing units of Work critical to maintaining the project schedule. DEFECTIVE WORK 13.1 Notice of Defects: 13.1.1 Prompt notice of all defective Work of which the OWNER or ENGINEER has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: 13.2.1 The OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The CONTRACTOR shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: GC -37 .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for re- inspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be submitted to and approved by the OWNER. 13.3.3 If laws or regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and ENGINEER's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without OWNER's or ENGINEER's concurrence, or if any Work is covered contrary to the OWNER's written request, it must, if requested by the OWNER or ENGINEER, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 ENGINEER has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. 13.4.3 If any Work is covered contrary to the written request of ENGINEER, then CONTRACTOR shall, if requested by ENGINEER, uncover such Work for ENGINEER's observation, and then replace the covering, all at CONTRACTOR's expense. 13.4.4 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, then CONTRACTOR, upon OWNER's approval and ENGINNEER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, CONTRACTOR shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending CONTRACTOR's full discharge of GC -38 this responsibility the Owner shall be entitled to impose a reasonable set -off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract :Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then CONTRACTOR may submit a Change Proposal within 30 days of the determination that the Work is not defective. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 13.5.2 A notice to stop the Work, based on causes listed in 1.3.5.1, shall not stop calendar or working days charged to the Project. 13.6 Correction or Removal of Defective Work: 13.6.1 If required by the OWNER, the CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.7 Warranty period: 13.7.1 If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is in need of repair, adjustment, modification, correction, or found to be defective, or if the repair of any damages to the Site, adjacent areas that CONTRACTOR has arranged to use through construction easements or otherwise, and other adjacent areas used by CONTRACTOR, is found to be defective, then CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; GC -39 3. if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. 13.7.2 If CONTRACTOR does not promptly comply with the terms of OWNER's written instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. CONTRACTOR shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 13.7.5 CONTRACTOR's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.8 OWNER May Correct Defective Work: 13.8.1 If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees, the OWNER's other contractors, ENGINEER and ENGINEER's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. CONTRACTOR shall be liable to OWNER for all claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to ENGINEER for review an Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 14.1.2 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.3 Owner will pay for materials or equipment not incorporated in the work but delivered and suitably stored at the site. Unless specifically authorized by OWNER, payment fro materials stored off -site will not be made unless and until those materials are delivered to the jobsite and suitably stored or incorporated into the Work. 14.1.4 The OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5 %) of the amount thereof, which five percent (5 %) will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. .1 If the Contract Agreement entered into between the OWNER and the CONTRACTOR has as Contract Sum of four - hundred thousand dollars ($400,000) or less, the percentage to be withheld from Applications for Payment as retainage shall be increased to ten (10 %) percent. 14.1.5 Applications for Payment shall include the following documentation: .1 updated progress schedule; GC -41 .2 monthly subcontractor report; and .3 any other documentation required under any Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: 14.2.1 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 ENGINEER will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating ENGINEER's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER, based upon ENGINEER's on -site observations of the executed Work and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, ENGINEER will not thereby be deemed to have represented that: .1 exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been reviewed; or GC - 42 .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: .1 defective Work not remedied; .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .11 failure of the CONTRACTOR to comply with any provision of the Contract Documents. 14.4.2 Should OWNER withhold payment for any reason in 14.4.1, and upon removal of the basis for the withholding by CONTRACTOR, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made, within thirty (30) calendar days of receipt of approved Application for Payment. GC - 43 14.5 Delayed Payments: 14.5.1 Timeliness and interest on payments due to CONTRACTOR from OWNER are subject to and shall be controlled by Chapter 2251 of the Texas Government Code. 14.6 Arrears: 14.6.1 No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify OWNER and ENGINEER and request a determination as to whether the Work or designated portion thereof is substantially complete. If OWNER or ENGINEER does not consider the Work substantially complete, OWNER or ENGINEER will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by OWNER or ENGINEER, the CONTRACTOR shall then submit another request for OWNER and ENGINEER to determine substantial completion. If OWNER and ENGINEER consider the Work substantially complete, the ENGINEER will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 After Substantial Completion the CONTRACTOR shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases CONTRACTOR may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. GC - 44 14.8 Partial Utilization: 14.8.1 The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: 14.9.1 Upon. Written. Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: 14.10.1 The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered the following documents: .1 Complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents, Quantity as determined by the contract documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety to final payment; .4 Certificate evidencing that insurance required by the General Conditions will remain in force after final payment and through any warranty period; .5 Non -Use of Asbestos Affidavit (After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will recommend the final Application for Payment and thereby GC - 45 notify the OWNER, who will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 ENGINEER will issue a letter of final acceptance to the OWNER and CONTRACTOR and must be acknowledged and accepted by the OWNER, which establishes the Final Completion date. 14.12 Waiver of Claims: 14.12.1 The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from previously noticed and unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: 15.1.1 At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times, or both, directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: 15.2.1 Upon seven (7) calendar days' Written. Notice to the CONTRACTOR, the OWNER may, without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; GC - 46 .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost; and .3 for anticipated profits on entire Contract not previously paid. This sum shall not include any overhead or general field conditions on unperformed work. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the OWNER's authority; .4 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .5 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .6 if the CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days' Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively, the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. Should OWNER proceed to complete the Work, CONTRACTOR expressly acknowledges that the OWNER is exempted from competitive bidding requirements for competition work pursuant to the terms of Texas Local Government Code Section 252.022. GC - 47 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. 15.4 CONTRACTOR May Stop Work or Terminate: 15.4.1 If through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) ENGINEER fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or (except during disputes) the OWNER fails for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon fifteen (15) calendar days' Written Notice to the OWNER, and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if (except during disputes) ENGINEER has failed to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon fifteen (15) calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in the Contract Documents or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within ninety (90) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data if not delivered with the notice, shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty (30) calendar days of receipt of notice of the amount of the Claim . with supporting data, OWNER and the CONTRACTOR shall meet to discuss the Claim, after GC - 48 which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30) calendar days in which to: .1 submit additional supporting data requested by the other parry; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include ENGINEER as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written . request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty (30) calendar days of the first meeting, unless mutually agreed otherwise. This step may be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 The OWNER and CONTRACTOR may agree to suspend or abate the mediation requirement until such time that the Project is complete such that multiple claims that might have remained unresolved during the course of the Project may be negotiated and mediated jointly. 16.2.3.3 If Mediation us unsuccessful, the parties may litigate any remaining claims or disputes in a court of competent jurisdiction. GC - 49 17.1 Right to Audit: 17.1.1 Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement. 17.1.2 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records" as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer - readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as "records "). In addition, the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.3 The CONTRACTOR shall require all payees (examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a written agreement between the CONTRACTOR and payee. Such requirements include a flow -down right of audit provision in contracts with payees that also apply to subcontractors and sub - subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. GC -50 1.7.1.4 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 1.7. 17.1.5 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one -half of one percent (.5 %) of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments, which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and /or records, shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the OWNER's findings to the CONTRACTOR. 18.1 Venue and Choice of Law: 18.1.1 In the event of any suit at law or in equity involving the Contract, venue shall be in in the district court in the county in which the Project is located. The laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: 18.2.1 This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: 18.3.1 The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 18.4 Severability: 18.4.1 If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the GC -51 intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor 18.5.1 The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. End of General Conditions GC -52 CITY OF SCHERTZ, TEXAS CONSTRUCTION OF WOODLAND OAKS RETAINING WALL PROJECT NUMBER #15- PW- 38 -C -02 ADDENDUM NO. 1 Date of Addendum: October 5, 2015 TO: Prospective Bidders Be advised that this Addendum No.I affects the following changes in the Contract Documents: RESPONSES TO PRE- SUBMITTAL QUESTIONS Q. Can you please provide measurements /dimensions for distance between the existing right of way and the proposed retaining wall, so that the amount of material removed prior to building forms for the retaining wall can be estimated? A. Distance between ROW and back of wall varies from 1.6 ft min to 2.8 ft max. Q. Is there any type of special vegetation in the home owners property that the Contractor would be responsible for replacing? A. No special vegetation is expected other than grass. Q. Measurements for each wall are not shown on plans. Square footage, end views that are showing the shape (showing the footings), and dimensions of end views are shown, but actual length, and height of each panel are not notated. Can you please provide? A. See typical sections sheet (Sheet 9) table of panel identification for average panel heights, square footage, and panel lengths. Refer to P &P for panel numbers. CONTRACT DOCUMENTS RFP # 15- PW- 38 -C -02: 1. Table of Contents — revised as attached. Price Proposal form increased from 5 pages to 6 pages. 2. Add section: CLARIFICATION OF REQUIREMENTS All requests for additional information or clarification concerning this RFP must be submitted in writing no later than 12:00 PM on October 9, 2015 . using the eProcurement site at www,puurchase.com. 3. Price Proposal form — revised as attached. Item # 1.18 was added to reflect the changes to the construction plans below. CONSTRUCTION PLANS: 1. Plans have been revised to reflect the addition of a sidewalk culvert for the discharge of the drain behind the wall. Pages CP4 and CP 10 have been revised as reflected. Revised plans stamped by Lauren Van Andel, PE, on 9/16/2015. 1 of 2 Acknowledgement by Bidder Each bidder is requested to acknowledge receipt of this Addendum No.1 by his /her signature affixed hereto and to file it with and attached to his/her bid. The undersigned acknowledges receipt of this Addendum No. 1, and that the bid submitted herewith is in accordance with the information and stipulations set forth. Date 2 of 2 Signature of Bidder Typed or Printed Name TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS: PAGE Request for Proposals RFP 1 -5 Location Exhibit LOC I Price Proposal P I - 6 Standard Form of Agreement SFA I - 5 Performance Bond PB 1-2 Payment Bond PYB I - 3 General Conditions of the Contract GC 1 -52 Exhibit A: Insurance Requirements INS 1 -5 Special Conditions Technical Specifications SC I - 164 Construction Plan CP 1 -22 Geotechnical Report GR I - 27 City of Schertz Woodland Oaks Retaining Wall PRICE PROPOSAL PROPOSAL OF A partnership consisting of An individual doing business as TO THE CITY OF SCHERTZ: a corporation Pursuant to Request for Proposals, the undersigned proposes to furnish all labor and materials as specified and perform the work required for the WOODLAND OAKS RETAINING WALL in accordance with the Plans and Specifications for the following prices to wit: ITEM NO. SPEC NO. ITEM DESCRIPTION (UNIT PRICE TO BE WRITTEN IN WORDS) UNIT QTY. UNIT PRICE IN FIGURES TOTAL IN FIGURES 1.01 1.02 1.03 01502 -1 01555 -1 01570 -1 MOBILIZATION Dollars LS LS LS 1 1 1 $ and Cents TRAFFIC CONTROL AND REGULATION Dollars and Cents STORMWATER POLLUTION PREVENTION PLAN Dollars and Cents P - 1 Price Proposal City of Schertz Woodland Oaks Retaining Wall 1.04 1.05 1.06 1.07 1.08 1.09 02233 -1 01740 -1 02221 -1 02221 -2 02233 -2 02631 -1 REMOVE FENCE Dollars LF LF SY LS ACRE LF 156 156 141 1 0.05 6 $ $ and Cents FURNISH AND INSTALL WOOD FENCE Dollars and Cents REMOVE SIDEWALK Dollars and Cents REMOVE RETAINING WALL Dollars and Cents CLEARING AND GRUBBING Dollars and Cents 6" AWWA C900 PVC PIPE Dollars and Cents P - 2 Price Proposal City of Schertz Woodland Oaks Retaining Wall 1.10 1.11 1.1.2 1.1.3 1.1.4 1.1.5 02632 -1 02771 -1 02775 -1 02835 -1 02922 -1 TXDOT 432 -6001 NYOPLAST 8" INLINE DRAIN AND COVER Dollars EA LF SY SF SY CY 1 73 175 1,394 333 7 $ $ and Cents CONCRETE CURB AND GUTTER Dollars and Cents CONCRETE SIDEWALK Dollars and Cents RETAINING WALL Dollars and Cents SODDING Dollars and Cents CONCRETE RIPRAP (4" THICK} Dollars and Cents P - 3 Price Proposal City of Schertz Woodland Oaks Retaining Wall 1.16 1.17 1.18 TXDOT 610 -6002 TXDOT 644 -6068 02632 -2 RELOCATE RD IL ASM (SHOE -BASE) Dollars EA EA EA 1 1 1 $ $ and Cents RELOCATE SM RD SN SUP &AM TY IOBWG Dollars and Cents CONCRETE SIDEWALK DRAIN Dollars and Cents TOTAL PRICE 1. Complete the additional requirements of the Proposal which are included on the following pages. 2. Respondent must return pages P -1 through. P -4 with this Proposal. Any and all Addenda which are issued by the City with appropriate signatures acknowledging receipt shall be attached to and made a part of this Proposal. 3. The Work included in this Proposal shall be Substantially Complete, as defined in the General Conditions within 90 calendar days from issuance of the Notice to Proceed. P - 4 Price Proposal City of Schertz Woodland Oaks Retaining Wall Complete the additional requirements of the Proposal. All blanks must be filled in for the Proposal to be considered responsive. If a question is not applicable, put the words "not applicable" in the space provided. 1. What similar public works projects has your company completed? Owner Owner's Phone Number Project Description Date Completed Contract Amount P - 5 Price Proposal City of Schertz Woodland Oaks Retaining Wall Accompanying this proposal is a Bid Bond or Certified or Cashier's, Check on a State or National Bank payable to the Order of the City of Schertz, Texas for dollars ($ ), which amount represents five percent (5 %) of the total bid price. Said bond or check is to be returned to the Respondent unless the proposal is accepted and the Respondent fails to execute and file a contract within 10 calendar days after the award of the Contract, in which case the check shall become the property of said City of Schertz, Texas, and shall he considered as payment for damages due to delay and other inconveniences suffered by said City of Schertz, Texas due to the failure of the Respondent to execute the contract. The City of Schertz, Texas reserves the right to reject any and all proposals. It is anticipated that the Owner will act on this proposal within 45 calendar days after the proposal opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute standard City of Schertz, Texas Contract Documents and make Performance and Payment Bonds for the full amount of the contract within 10 calendar days after the award of the Contract to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is anticipated that the Owner will provide written Authorization to Proceed within 10 days after the award of the Contract. The Contractor hereby agrees to commence work under this Contract immediately after issuance by the City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 90 calendar days from the Notice to Proceed. Under no circumstances shall the work commence prior to Contractor's receipt of City of Schertz, Texas issued, written Authorization to Proceed. The undersigned certifies that the proposal prices contained in the proposal have been carefully checked and are submitted as correct and final. In completing the work contained in this proposal the undersigned certifies that Respondent's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin and that the Respondent will affirmatively cooperate in the implementation of these policies and practices. Signed: Company Name Authorized Company Signature Name Printed Address City, State, Zip Telephone P - 6 Price Proposal N 01 M M 0 N E O N 1- t 0 CL C 0 �~1 SPEC NO. -ITEM NO. 01555 -1 01570 -* 01570 -* 01570 -1 01740 -1 02221 -1 02221 -2 02233 -1 02233 -2 02260 -* 02316 -* 02316 -* 02631 -1 02632 -1 02632 -2 02771 -1 02775 -1 02775 -* RD IL ASM (SHOE -BAS TRAFFIC TEMPORARY INLET STORM WATER IN) REMOVE CLEARING TRENCH AWWA C 900 E) CONCRETE CONCRETE SF TYPE II DESCRIPTION CONTROL SEDIMENT PROTECTION POLLUTION INSTALL REMOVE RETAINING REMOVE AND SAFETY STRUCTURE STRUCTURE 6" PVC 8" INLIN SIDEWALK CURB AND CONCRETE SIDEWALK AND CONTROL BARRIER PREVENTION W000 FENCE SIDEWALK WALL FENCE GRUBBING SHORING EXCAVATION BACKFILL PIPE DRAIN DRAIN GUTTER SIDEWALK RAMP REGULATION FENCE PLAN UNIT LS LF EA LS LF SY LS LF ACRE SF CY CY LF EA EA LF SY EA TOTAL 1 196 1 1 156 141 1 1 156 0.05 1213 227 10 6 1 1 73 175 2 * For Contractors Information Only. Items are considered subsidiary to related specifications. SPEC NO. -ITEM NO. 02835 -1 02911 -* 02922 -1 TxDOT 432 -6001 TxDOT 610 -6002 TxDOT 644 -6068 RELOCATE RELOCATE' DESCRIPTION RETAINING WALL TOPSOIL SODDING (CONCAP4 RD IL ASM (SHOE -BAS SM RD SN SUP &AM TY, IN) E) 10BWG UNIT SF CY SY CY EA EA TOTAL 1394 37 333 7.3 1 1 0 F..TF 1� 09/16/2015 0 / *: * *♦ LAUREN VAN ANDEL 001 ............................... 00 � �, T� S� I � E N S E �.• G�� ." jiIt-tONAL 100% SUBMITTAL 0 v M 0 m E V 0 IL 0 STA 3 +26.90, 0.00 LT STA 3 +21.90 EL = 775.94 STA 3 +13.37, 0.00 Lf 0.00 LT EL - 776.10 EL - 776.81 PROPOSED RETAINING WALL STA 3 +31.40, 0.00 LT - EL - 776.18 EXISTING SIDEWALK BACK OF CURB GUTTER LINE STA 3 +31.40, EDGE OF CONCRETE EL 5.00 RT - 776.10 STA 3 +13.37 5.00 Rf PROPOSED FACE OF CURB EL - 776.74 STA 3 +26.90, STA 3 +13.37 STA 3 +21.90 5.00 RT 6.60 Rf 5.00 Rf EL - 775.87 EL - MATCH EXIST EL - 776.03 TYPE II SIDEWALK RAMP PROPOSED RAMP 1 DETAIL STA 3 +13.37 TO 3 +31.40 STA 3 +47.1 0.00 EL - 776. STA 3 +44.19 0.00 Lf EL - 776.55 STA 3 +44.19 5.00 Rf EL - 776.48 PROPOSED FACE OF CURB STA 3 +47.64 -� 5.00 Rf EL - 776.38 TYPE II SIDEWALK RAMP A 3 +52.64, 00 RT STA 3 +52.64, 5.00 RT EL - 776.66 PROPOSED RAMP 2 DETAIL STA 3 +44.19 TO 3 +78.65 I A 3 +78.65, 00 LT - 778.90 -PROPOSED RETAINING WALL _,--EXISTING SIDEWALK BACK OF CURB �GUTTER LINE .l, EDGE OF CONCRETE STA 3 +78.65, 5.00 RT EL - 778.83 -STA 3 +78.65, 6.73 RT EL - MATCH EXIST 1 /q" CHECKERED PLATE 10-Yq„ A a A CONCRETE SIDEWALK SEE DETAIL 1 1 /q" SCREW 0 12" O.C. /-1/4" x Y4" BAR t 39 t EXPANSION JOINT L J N L _ i /q" CHECKERED PLATE #3 BARS WEDDED TO ANGLE O 18 O.C. 2"x2 ")�/t" ANGLEi ' Jt W �6"W' MESH 02.9 ``� OF <<t t CONCRETE CURB `. " �P•' Fr1t���� 8 CONCRETE SIDEWALK DRAIN DETAIL SECTION A -A DETAIL 1 i• *•'..................... i LAUREN VAN ANDEL SCALE: N.T.S. SCALE: N. T.S. SCALE: N. T. S. ♦ . ................................ � ##I T� S� I � E N S E �.• G�� ." WOOD FENCE 0N-AL- �. FINISHED GROUND 100% SUBMITTAL RELOCATE LIGHT POLE AND I 8" INLINE DRAIN PROPOSED 8 „ INLINE DRAIN REMOVE EXISTING FOUNDATION EL = 779.90 STA 3 +37.12 NYLOPLAST 8" INLINE DRAIN (OR APPROVED EQUAL) 8" DUCTILE IRON GRATE PROVIDE A TYPE A GROUND BOX NYLOPLAST STANDARD GRATE IN PLACE AND EXTEND EXISTING FOR H -10 PEDESTRIAN LOADING CONDUITS TO PROPOSED GROUND BOX (OR APPROVED EQUAL) CONCRETE SIDEWALK DRAIN RELOCATE EXISTING SIGN 6" ADAPTER EL 775.99 NOT TO SCALE ~``.. �� R1 - 1 CONCRETE SIDEWALK DRAIN JKR LVA 09/1 6" PVC PIPE 1/4" CHECKERED PLATE �. 6" 90° RENO 1.5% 3" CURB ? �•�'� NO. REVISION DRAWN JAPPROVED I EXIST PAVEMENT FL - 775.46 ion & N wnam', Inc. PROVIDE 1" CONDUIT WITH 3 # 10s TO -J EXTEND TO RELOCATED FIXTURE. SPLICE CONDUCTORS IN THE PROPOSED GROUND BOX TO THE EXISTING CONDUCTORS CORNER LOCATION DETAILS NOTE: CONTRACTOR SHALL COORDINATE WITH GVEC FOR CONDUIT AND FOUNDATION STANDARD DETAILS PROPOSED 8" INLINE DRAIN DETAIL STA 3 +37.12 CONCRETE Proposal Response To Solicitation # 15-PW-38-C-02 CONSTRUCTION OF WOODLAND OAKS RETAINING WALL Pl�coame: 51 Sheffield Road Seguin, TX 78155 Phone: 830-401-4660 Guadalupe County IM111,491301 Printed Name: 515 Sheffield Road Seguin, TX 78155 Phone: 830-401-4660 Guadalupe County E-mail: dsconcretecontractors@gmail.com www.dsconcretecontractors.net gx=*1 M Purchasing & Asset Management Department 1400 Schertz Parkway, Bldg. # 2, Schertz, TX 78154 TABLE OF CONTENTS SECTION PAGE NUMBER Executive Summary 3 Project Scope 4 Staffing Plan 5 Key Personnel 6 Equipment List 8 Project Schedule 8 Quality Control Plan 9 Exhibits: • Past Performance • Pricing • Bid Bond • Solicitation Documents • Letter From Bank- Indicating Sufficient Available Working Capital EXECUTIVE SUMMARY Founded in 2009, [) &c S Concrete Contractors <Z]&q\ leuconcrete contractor whose partners possess over 30 collective years of experience specializing inresidential and commercial concrete construction. &mapartnership headquartered in Seguin TX, we serve the south central Texas region by completing a wide variety of concrete and retaining wall projects rangiog from new construction to commercial renovation. Ll&8 takes pride in meeting and exceeding the needs of our clients by making sure that our projects are completed on time, on budget and in accordance with the solicitation's requirements, We maintain an impeccable safety record boasting no employee time lost due tn injuries since the company's iuccpdno. As urcpu1ub]e contractor, *coffinn that v/cdn not have a history of ligation oz arbitration, nor have we encountered o situation where liquidated damages have been accessed. D&S COMMERCIAL SERVICES Box Culvert Construction and Installation 3 F2 �@ � -- �# � D&S shall serve as the general contractor for the Project, which is represented as the construction of the Woodland Oaks Retaining Wall. This project consists of the following tasks: Tasks To Be Completed a) Removal of an existing railroad tie retaining wall; c) Removal and reconstruction X wood fence, sidewalk, curb and gutter; b) Construction of a 1,394 square foot cast in place concrete retaining wall; d) Rremoval of existing streetlight, relocation of conduit, and reconstruction of light Successful Project Completion! D&S will be also responsible for: obtaining all applicable permits and inspections; providing all necessary performance and payment bonds and insurance certificates; and providing the City of Schertz with all warranties for all equipment installed. D&S shall work with the City's engineer to provide some preconstruction services including, but not limited to, value engineering. Construction Services may include, but not necessarily be limited to, all work associated with construction, maintenance, and warranty of the facility. 4 PROPOSED STAFFING PLAN In order to complete the requirements listed in the scope of work, D&S intends to utilize a sufficient number of workers and associated management personnel to ensure that all tasks are completed on schedule, and in accordance to the specifications of the solicitation: Project Organizational Chart Project Responsibilities 5 Mr. Jose Dominguez SUMMARY OF QUALIFICATIONS: • OSHA Construction Safety Certified • Bilingual (English and Spanish) • Experience in dealing with state and federal projects • Proactive leader and communicator • Experience in Commercial and Industrial environments • Extensive experience in concrete construction • Experience working in high security environments • Highly driven and hardworking EDUCATION: Bachelor of Science in Industrial Technology: Construction Technology Texas State University - San Marcos, Texas EXPERIENCE: Project Manager: D&S Concrete Contractors June 2012- Present • Oversee all aspects of construction including acquiring permits, scheduling, etc. • Oversee field operations on multiple projects • Communicate project development reports to GC and Owner • In charge of projects/crews and ensuring all projects were delivered on time & on budget • Acquiring and training of new staff • Conduct weekly safety meetings and on site project progress evaluations • In Charge of submitting all Pay applications and Change orders Project Engineer: Swinerton Builders 6 May 2009 — Dec 2011 • Create and oversee punch-list completion • Perform quantity take-off s using computer estimating software • Maintain Submittal and RFI Logs • Conduct job-site safety meetings • Conduct subcontractor coordination meetings and maintain meeting minutes • Maintain all miscellaneous subcontractor forms • Coordinate all construction operations with A/E and owner representative • Assist Project Manager in creating and implementing project schedule Assistant Superintendent: Seven T's Construction June — August 2007 and 2008 • Perform quantity take-offs • In charge of ordering and inspecting materials • Perform Work area safety inspections • Worked with management in overall project coordination 7 EQUIPMENT LIST Below is a list of the equipment owned by the contractor to be utilized on this project: PROJECT SCHEDULE Below is an overview of the company's proposed milestone in order to ensure timely completion of this project within the stated 60 day requirement: • Receipt of Notice To Proceed • Removal of an existing railroad tie retaining wall; • Construction of a 1,394 square foot cast in place concrete retaining wall; Removal and reconstruction of wood fence, sidewalk, curb and gutter; 8 QUALITY CONTROL PLAN Internal Review Procedures During the performance ofn contract, [)&3` project manager shall conduct a thorough review onuweekly basis toensure that all deliverables and contractual requirements are being met. D&Sdcve\ops a thorough quality audit checklist based upon the contract's scope nf vvork/northrozancurnotk mtoTcrncot, and using this checklist our company's services and/or products are evaluated tn ensure compliance with all requirements. Appointment of QAIQC Personnel The P()C responsible for ensuring quality mfthe project construction ia Mr. Jose Dominguez. Subcontractor Utilization JfManagement D&S strives to perform the majority of the contractual work using in-house resources and personnel. In the event that a subcontractor im used to provide additional value to the client, [>&cSvvi)| subject the subcontractor's services and/or products 0m the same weekly quality zorievv. A separate quality audit checklist will be developed specifically for the subcontractor's products and/or services to ensure compliance with contractual requirements, and a member from the subcontractor's management team will be required participate in the regular reviews. Problem Resolution ln the event that n problem arises during contract execution, members from Z)&S,a management 1cum will immediately develop on action plan to resolve or mitigate and issues hindering our company from meeting our quality standards. Once developed, our company will cncn000niouto this action plan to all personnel associated with the project, and our management teuznvvUl monitor the implementation of the proposed actions to ensure that all challenges are resolved iow timely and satisfactory manner. Wc will conduct regular follow up reviews and communications to insure that the problem does not reoccur. 9 • � � � � r � City of Schertz Woodland Oaks Retaining Wall ADDITIONAL RESPONDENT INFORMATION Complete the additional requirements of the Proposal. All blanks must be filled in for the Proposal to be considered responsive. If a question is not applicable, put the words "not applicable" in the space provided. 1. What similar public works projects has your company completed? P-5 Price Proposal Owner's Phone Project Owner Number Description Date Completed Contract Amount TXDOT(cottula Rest et,walls, 10/2013 $129,000 Areas) 956 - 712 -7780 eadwalls SW C &G COSA(woodlawnLa SW,Rip -rap, 05/2015 $79,000.00 e Park 210 -615 -5950 Headwalls, C &G TXdot Aviation . 07/2014 180,000.00 erville ai ort. 10-615-5950 10 -615 -5950 C &G Taxi-way P-5 Price Proposal EXHIBIT PRICING City of Schertz Woodland Oaks Retaining Wall PRICE PROPOSAL PROPOSAL OF a corporation A partnership consisting of Jose A Dominguez Sr, Jose A Dominguez Jr An individual doing business as TO THE CITY OF SCHERTZ: Pursuant to Request for Proposals, the undersigned proposes to furnish all labor and materials as specified and perform the work required for the WOODLAND OAKS RETAINING WALL in accordance with the Plans and Specifications for the following prices to wit: ITEM NO. SPEC NO. DESCRIPTION (UNIT PRICE TO BE WRITTEN IN WORDS) UNIT QTY UNIT PRICE IN FIGURES TOTAL IN FIGURES 1.01 1.02 1.03 01502 -1 01555 -1 01570 -1 MOBILIZATION Ten - thousand two - hundred Dollars LS LS Ls 1 1 1 $ $ 10,200.00 $ $2,500.00 and Cents TRAFFIC CONTROL AND REGULATION Two - thousand five - hundred Dollars $ $ 580.00 and Cents STORMWATERPOLLUTIONPREVENTION PLAN Five- hundred eighty Dollars and Cents P-1 Price Proposal City of Schertz Woodland Oaks Retaining Wall 1.04 1.05 1.06 1.07 1.08 1.09 02233-1 01740-1 02221-1 1 0222. 02233-2 02631-1 REMOVE FENCE Seven-hundred Dollars LF LF SY LS ACRE LF 156 156 141 1 0.05 6 $4.48 $700.00 $11.53 $1800.00 $6400.00 and Cents FURNISH AND INSTALL WOOD FENCE One-thousand eight-hundred Dollars $45.39 and Cents REMOVE SIDEWALK Six-thousand four-hundred $ $ $ 1400.00 —Dollars and Cents REMOVE RETAINING WALL One-thousand four-hundred Dollars $780.00 $65.00 and Cents CLEARING AND GRUBBING Seven-hundred eigtv —Dollars and Cents 6" AWWA C900 PVC PIPE Sixty-five Dollars $10.83 and Cents P-2 PriceProposal City of Schertz Woodland Oaks Retaining Wall 1.10 1.11 1.12 1.13 1.14 1.15 02632-1 02771-1 02775-1 02835-1 02922-1 TXDOT 432-6001 NYOPLAST 8" INLINE DRAIN AND COVER Two-hundred fifty EA LF SY SF SY CY 1 73 175 1,394 333 7 $ $250.00 $21.00 $ 1533.00 —Dollars and Cents CONCRETE CURB AND GUTTER One-thousand five-hundred thirty-three Dollars and Cents $54.14 $9475.00 CONCRETE SIDEWALK Nine-thousand-four-hundred seven -five $ $ 62,000.00 —Dollars and Cents RETAININGWALL Sixty-two thousand Dollars $ $314.00 $ 1500.00 and Cents SODDING One-thousand five-hundred $2200.00 —Dollars and Cents CONCRETE RIPRAP (4" THICK) Two-thousand two-hundred —Dollars and Cents P-3 PriceProposal, City of Schertz Woodland Oaks Retaining Wall 1.16 TXDOT 610-6002 RELOCATE RD IL ASM (SHOE-BASE) EA 1 $ $1800.00 One-thousand eight-hundred —Dollars and Cents 1.17 TXDOT 644-6068 RELOCATE SM RD SN SUMAM TY IOBWG EA 1 $ $450.00 Four-hundred fifty —Dollars and Cents 1.18 02632-2 CONCRETE SIDEWALK DRAIN EA 1 $ $325.00 Three-hundred twenty -five —Dollars and Cents One-hundred three thousand nine-hundred and fifty-eight Dollars TOTAL PRICE $103,958.00 Complete the additional requirements of the Proposal which are included on the following pages. 2. Respondent must return pages P-1 through P-4 with this Proposal. Any and all Addenda which are issued by the City with appropriate signatures acknowledging receipt shall be attached to and made a part of this Proposal. 3. The Work- included in this Proposal shall be Substantially Complete, as defined in the General Conditions within 90 calendar days from issuance of the Notice to Proceed. P-4 Price Proposal EXHIBIT KNCWALL MEN 8Y THESE PRESENTS, that wa D & S Concrete Contractors 515 Sheffleid, Seguin, TX 78155 ao Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company o corporation duty organized under the laws of the State of New Hampshire ms8unet/ hereinafter called the Surety, are held and firmly bound unto City of Schertz 1400 Schertz Parkway, Schertz, TX 78154 ea Obligee, hereinafter called the Obligee, |n the sum of for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, exe- utors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted e bid for, Comer Woodland Oaks Dr. and Woodbridge NOW, THEREFORE, if the Qbllgee shall accept the bid of the Principal and the Principal shall enter into mContract with the Obligee in accordance with the terms o[ such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the proseoution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall bo null and void, *ihemwimetu remain in full force and effect. Signed and sealed this 15th day of October 2015 "M ess) (Principal) �Seal) ., '/mw � . The Ohio Casually Insurance Company � Debbie Hay, Attorney-In-Fact THIS Pi3W-r-R OF ATTORNEY IS NOT VALID UNLESS IT 1S PRINTED ON RED BACKGROUND. This Power ofAttorney.limits the acts of those named herein, and they have no authority to bind the Companyexcept in the manner and to the extent herein stated. Certificate No. 61 78074 American Fire and Casualty Company liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS, That American Fite & CasualtyCompany and The Ohio Casualty insurance Company are corporations duty organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duty organized under the taws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana {herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, BruceBarnard; Debbie Hal&,Denni Newsorne: GMn Crouch- KIM BovveM: Leann Cox: Martin L. Morris all of the city of Seauin , state of Tx _ each individually if there be more than one named, its true and lawful attorney-In-fact to make, execute, seal, acknrnMedge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds„ recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in theirown proper persons. IN WITNESS WHEREOF,, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of June 2013 American Fire and Casualty Company The Ohio Casualty Insurance Company `; .t r` LlbertyMutual Insurance Company ts. 1 ICS f 4 5 9 WestAmerican Insurance Company By: ✓�ywrf" 4 lrs�- STATE OF WASHINGTON s$ Gregory iV Davenport, Assistant Secretary ryT- COUNTY OF KiNG On this 19th day of June , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the.foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. KD Riley, NotdI4 Public This Power ofAttomeyis made and executed pursuant to and by authority of the following By-laws andAuthorizatim of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmedcan Insurance Company which resolutions are now in full force and effect reading as follows. ARTICLE iV— OFFICER$— Section 12. Power of Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys4n -fact, as may necessary to act in behalf of the Corporation to make, execute, seal, - acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeye -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as it signed by the President and attested to by the Secretary. Any power or authority granted to any representative or adomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in writing by chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in -fact, as may be necessary to act in behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Such attorneys -in fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Ceftificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of* assistant secretary ofthe Company, wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection with surety bonds, shall be valid and bading upon the Company with thesame force and effect as though manually affixed. 1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual-Insurance Compfiny, and West American insurer= Company do hereby certify that the original power of attorney of which the foregoing is full, tme and correct copy of the PoverofAttomey executed by said Companies, is in full force and effect and has not been revoked. J t, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I day of 2Q . 6 y, r David M. Care Assistant Secretary {�A,,� 3`d f.' .5% iii �.•;?, r ,,ri '^ c � "wi.'t .%:_ ,vyrll�:�if �. «'%� ✓�k;7 .•J�+� °:.:,. t'. ':..� ��5•'l +ls: alt K S` � ..,tiR��.,;1,,, m �'°",^e^kxm�N^jPS ( =4ww._ -Mpg,' .w.wu,w+ Y ��4•'"�». �xw+°F^' LM8 12873 692012 , 38 of 75 SOLICITATION DOCUMENTS 13 City of Schertz Woodland Oaks Retaining Wall BID PROPOSAL Accompanying this proposal is a Bid Bond or Certified or Cashier's, Check on a State or National Bank payable to the Order of the City of Schertz, Texas for dollars ($ 520 ), which amount represents five percent (5 %) of the total bid price. Said bond or check is to be returned to the Respondent unless the proposal is accepted and the Respondent fails to execute and file a contract within 10 calendar days after the award of the Contract, in which case the check shall become the property of said City of Schertz, Texas, and shall he considered as payment for damages due to delay and other inconveniences suffered by said City of Schertz, Texas due to the failure of the Respondent to execute the contract. The City of Schertz, Texas reserves the right to reject any and all proposals. It is anticipated that the Owner will act on this proposal within 45 calendar days after the proposal opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute standard City of Schertz, Texas Contract Documents and make Performance and Payment Bonds for the full amount of the contract within 10 calendar days after the award of the Contract to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is anticipated that the Owner will provide written Authorization to Proceed within 10 days after the award of the Contract. The Contractor hereby agrees to commence work under this Contract immediately after issuance by the City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 90 calendar days from the Notice to Proceed. Under no circumstances shall the work commence prior to Contractor's receipt of City of Schertz, Texas issued, written Authorization to Proceed. The undersigned certifies that the proposal prices contained in the proposal have been carefully checked and are submitted as correct and final. In completing the work contained in this proposal the undersigned certifies that Respondent's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin and that the Respondent will affirmatively cooperate in the implementation of these policies and practices. Signed: D &S Concrete Contractors C yN Authori Comp ignature Jose Dominguez Name Printed 515 Sheffield Rd Address Seguin, TX 78155 City, State, Zip 830- 556 -8794 Telephone M Acknowledgement by Bidder Each bidder is requested to acknowledge receipt of this Addendum No. 1 by his/her signature affixed hereto and to file it with and attached to his/her bid. The undersigned acknowledges receipt of this Addendum No. 1, and that the bid submitted herewith is in accordance with the information and stipulations set forth. October 15th 2015 Date Sign oTI3fdder---- Jose Dominguez Typed or Printed Name 2 of 2 EXHIBIT 14 COP October 13, 2015 Re: D & S CONCRETE CONTRAIj To Whom It May Concern: We are providing you with the following information at the request of JOSE A DOMINGUEZ D & 8 CONCRETE CONTRACTORS has maintained a SPARK BUSINESS CASHBAI account since 07101/2015, There is presently on deposit at Capital One Bank $ 22, 411- -69- The average monthly balance is $ 20, .234, 32 If you require further information, please call me at {210) 775-7830. Sincerely, Raul Castillo PARK NORTH Customer's Signature 803 Northwest Loop 410 San Antonio TX 78213 NA ..Wl I.—. 6jSLjT(1ffi0) 529328 -.a CORO QM� -W IVb d 00�