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03-01-2016 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL March 1, 2016, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 03-01-2016 Council Agenda Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City AGENDA TUESDAY, MARCH 1, 2016 AT 6:00 P.M. Call to Order – City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Garry Shelton, Church of God by Faith Spirit of Life) City Events and Announcements  Announcements of upcoming City Events (B. James/D. Wait/B. Cantu)  Announcements and recognitions by City Manager (J. Kessel) New Employee Recognition  Fire Department – Fire Fighters: Zachary Lowry, Zachary Rolfing and Adam Boivin  Marshal Department – Animal Services Shelter Technician Ami Burkett 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. 03-01-2016 City Council Agenda Page - 2 - Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of February 23, 2016. (J. Kessel/B. Dennis) 2. Resolution No. 16-R-19 – Consideration and/or action authorizing an Agreement to contribute right of way funds (Fixed Price) with the Texas Department of Transportation for the FM 1103 Improvement Project. (B. James/K. Woodlee) 3. Resolution No. 16-R-20 – Consideration and/or action authorizing an Advance Funding Agreement with the Texas Department of Transportation for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for FM 1103. (B. James/K. Woodlee) 4. Resolution No. 16-R-21 – Consideration and/or action authorizing contracts totaling no more than $90,000 with Advanced Water Well Technologies for labor and related materials for various separate and unrelated water pump repair projects during the 2015-16 Fiscal year. (D. Wait/S. Willoughby/C. Raleigh) 5. Resolution No. 16-R-22 – Consideration and/or action authorizing a Professional Services Agreement with IDS Engineering Group, Inc., relating to a Pavement Condition Analysis of City Streets. (B. James/K. Woodlee/C. Palomo) Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives 7. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 8. Announcements by Mayor and Councilmembers 03-01-2016 City Council Agenda Page - 3 -  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 9. Information available in City Council Packets - NO DISCUSSION TO OCCUR  Council Compensation. (B. Cantu/J. Walters) 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 25h DAY OF FEBRUARY, 2016 AT 3:00 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. Brenda Dennis Brenda Dennis, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2016. ____________________________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. 03-01-2016 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember John – Place 3 Lone Star Rail District Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Thompson Place 5 Audit Committee Investment Advisory Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: March 1, 2016 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular Meeting on February 23, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of February 23, 2016. ATTACHMENTS Minutes –Regular meeting of February 23, 2016 02-23-2016 Minutes Page - 1 - MINUTES REGULAR MEETING February 23, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 23, 2016, 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 Edwards Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait Executive Director Bob Cantu City Attorney Dan Santee City Secretary Brenda Dennis Call to Order – City Council Regular Session Mayor Carpenter called the meeting to order at 6:02 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) Mayor Carpenter provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. City Events and Announcements  Announcements of upcoming City Events (B. James/D. Wait/B. Cantu) The following announcements were made:  Saturday, February 27, Soccer Complex Kick-Off, Schertz Soccer Complex, Maske Road, at 1:30 p.m.  Thursday, March 3, Pre-Budget Community Meeting, Schertz United Methodist Church, 3460 FM 3009, 6:30 p.m.  Saturday, March 5, 8th Annual Wilenchik Walk for Life, Samuel Clemens High School (rear) Parking Lot at 8:00 a.m.  Wednesday March 9, Pre-Budget Community Meeting, Sippel Elementary School, 420 Fairlawn, 6:30 p.m.  Thursday, March 10, Pre-Budget Community Meeting, Corbett Junior High School, 12000 Ray Corbett Drive, 6:30 p.m. Mr. James stated that the Alamo Area Metropolitan Planning Organization is hosting public meetings on the transportation projects being considered to receive federal funding over the next four years. Mr. James mentioned our upcoming FM 1518 bond project that was approved by the voters and being considered to be matched by TxDOT. Mr. James stated that 02-23-2016 Minutes Page - 2 - the first meeting is this evening at Morgan’s Wonderland Event Center from 6:00 p.m. to 8:00 p.m. The next meeting will be Wednesday, February 24, 2016 6:00 p.m. to 8:00 p.m. at the VIA Metro Center Community Room, San Antonio. Mr. James stated that participation is open to all members of the public and you can participate by going on-line to www.alamoareampo.org/yourmove and provide your comments.  Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who provided information on an email he received on a recent situation where Nancy Tumlinson, Risk and Safety Specialist , was contacted by a resident who was not getting results from a recent incident that occurred with our mowing vendor. She stepped in and was able to assist in resolving the matter. Mr. Kessel thanked Nancy. Hearing of Residents No one spoke. 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 February 9, 2016, and approval of the Special Town Hall Meeting of February 16, 2016. (J. Kessel/B. Dennis) 2. Ordinance No. 16-C-04 – Consideration and/or action approving an Ordinance amending the Code of Ordinances of the City of Schertz Chapter 18, Buildings and Building Regulations, Article 1, In General , Section 18 Inspections and Article III, International Residential Code for One and Two Family Dwellings R1052, Work Exempt from Permits. Final Reading (B. James/G. Durant) The following was read into record: ORDINANCE NO. 16-C-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE III, INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, R1052. WORK EXEMPT FROM PERMITS. 3. Resolution No. 16-R-15– Consideration and/or action approving a Resolution authorizing EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D. Wait/J. Mabbitt) 02-23-2016 Minutes Page - 3 - The following was read into record: RESOLUTION NO. 16-R-15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 16-R-16 - Consideration and/or action approving a Resolution authorizing Utility Billing Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D. Wait/C. Spence) The following was read into record: RESOLUTION NO. 16 -R-16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro- Tem Edwards to approve the consent agenda items 1-4. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items 5. Resolution No. 16-R-13 – Consideration and/or action approving a Resolution authorizing an amendment to the existing agreement for the upgrading of internet services provided by Time Warner Cable to Schertz Senior Center at 608 Schertz Parkway, the City’s Main Hub for public WiFi Services from a 7 MBPS Service to a 50 MBPS Service to increase bandwidth for public and vendor use. (B. James/M. Clauser) The following was read into record: RESOLUTION NO. 16-R-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING AGREEMENT FOR THE UPGRADING OF INTERNET SERVICES PROVIDED BY TIME WARNER CABLE TO SCHERTZ SENIOR CENTER AT 608 SCHERTZ PKWY- THE CITY’S MAIN HUB FOR PUBLIC WIFI SERVICES FROM A 7 MBPS SERVICE TO A 50 MBPS SERVICE TO INCREASE BANDWIDTH FOR PUBLIC USE, STAFF USE AND VENDOR USE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized IT Director Myles Clauser who said the I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our 02-23-2016 Minutes Page - 4 - mandate is to provide reliable and responsive internet connectivity and Public Wi-Fi to support our various departments, staff, residents and vendors throughout the City. This connectivity provides the City with Public Wi-Fi for City Hall, the Civic Center, Council Chambers, Schertz Senior Center and the Aquatic Center. This service provides remote-access to staff, and acts as a conduit for most of our other business related web communications. The City has regularly been experiencing slow service and it is affecting staff, residents, vendors and training. The City currently utilizes Time Warner Cable (TWC) for internet services. The service is a 7Mbps x 512 kbps service. It no longer meets our current needs and does not allow for growth. The City therefore needs to upgrade its service. The proposed TWC contract will increase our bandwidth from 7 Mbps by 512kbps to a 50 mbps by 5 mbps (50x5) connection located at the Schertz Senior Center at 608 Schertz Pkwy(Hub for City Wide Wi-Fi). This increase will allow us meet our current demands for access. However, it is anticipated that demand for connectivity will continue to rise as the City continues to grow. As that demand increases additional bandwidth will become necessary, and the I.T. department will return to Council for authorization. The cost of the current service is $100.38 per month and the cost of the new service will be $239.99 per month, an increase of $139.61 per month. Funds are available for the remainder of this fiscal year in account 101- 853-533300 I.T. General Fund Telephone/Landline. The I.T. Dept. is requesting approval of Resolution No. 16-R-13 so that the City can amend our current contract with Time Warner Cable to provide the increased bandwidth. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Fowler to approve Resolution No. 16-R-13. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for and no one voting no. Motion passed. Mayor Carpenter recognized Kevin Hadas, Mayor Pro-Tem of Selma who was in the audience this evening. 6. Resolution No. 16-R-17 – Consideration and/or action approving a Resolution authorizing the addition of new services to the existing agreement for the Live Oak Road Data Center/Disaster Recovery Site provided by Time Warner Cable to allow internet Services to the City’s Disaster Recovery Site at 1057 E. Live Oak. (B. James/M. Clauser) The following was read into record: RESOLUTION NO. 16-R-17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ADDITION OF NEW SERVICES TO THE EXISTING AGREEMENT FOR THE LIVE OAK RD DATA CENTER/DISASTER RECOVERY SITE PROVIDED BY TIME WARNER CABLE TO ALLOW INTERNET SERVICES TO THE CITY’S DISASTER RECOVERY SITE AT 1057 E. LIVE OAK WITH A 50 MBPS SERVICE, AND OTHER MATTERS IN CONNECTION THEREWITH 02-23-2016 Minutes Page - 5 - Mayor Carpenter recognized IT Director Myles Clauser who said the I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity as well as the continued city services if the main city hall services were to be disrupted from weather or disaster. This new service will provide us with a second internet connection to be used primarily for access to our backup data center. The new service is a 50Mbps x 5Mbps service. The proposed TWC contract will provide a bandwidth of 50Mbps x 5 Mbps connection located at 1057 E. Live Oak. The cost of this service is a one-time fee of $150.00 and a recurring fee of $274.99 per month, which is $3,299.88 per year, not including federal/state fees. Funds are available in account 101-853-533300 I.T. General Fund Telephone/Landline. As demand increases additional bandwidth will become necessary, and the I.T. department will return to Council for authorization. The I.T. Dept. is requesting approval of Resolution No. 16-R-17 so that the City can amend our current contract with Time Warner Cable to provide the new offsite bandwidth services. The service will allows us to continue essential city services should a disaster occur. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- Tem Edwards to approve Resolution No. 16-R-17. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for and no one voting no. Motion passed. 7. Resolution No. 16-R-18 – Consideration and/or action approving a Resolution authorizing a Software Maintenance Agreement with Environmental Systems Research Institute, Inc. for GIS Software. (B. James/M. Clauser) The following was read into record: RESOLUTION NO. 16-R-18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SOFTWARE MAINTENANCE AGREEMENT WITH ENIVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR GIS SOFTWARE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Director of IT Myles Clauser who said the City previously entered into a software maintenance agreement with Environmental Systems Research Institute, Inc. for GIS mapping software in 2013. The current agreement is due to expire in 2016, and the City desires to renew the maintenance agreement for another three-year term. The cost of a three-year small enterprise license agreement (ELA) for county and municipalities is $35,000 per year, or $105,000 for the contract term. The ELA will provide numerous benefits to the City as multiple departments rely on the ESRI software for their day to day operations, such as Planning & Zoning, Development Service, Public Works and the Marshals. The cost of a three-year small enterprise license agreement (ELA) for counties and municipalities is $35,000 per year, or $105,000 for the contract term. Funds are budgeted and available in 101-853-532360 Software Maint-Dept. Specific. Staff recommends Council 02-23-2016 Minutes Page - 6 - approve Resolution 16-R-18 to enter into an enterprise license agreement for GIS software maintenance. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro- Tem Edwards to approve Resolution No. 16-R-18. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1-7. Requests and Announcements 8. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives No further announcements were provided. 9. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Fowler who requested in the next couple of weeks to once again discuss the Council’s Rules of Conduct and Procedures and Code of Ethics as it relates to the recent action taken regarding the Mayor Pro-Tem position. 10. Announcements by Mayor and Councilmembers  City and community events attended and to be attended  City Council Committee and Liaison Assignments (see assignments below)  Continuing education events attended and to be attended  Recognition of actions by City employees  Recognition of actions by community volunteers  Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz and Thompson who provided comments on the success of the recent Council on the Go meeting that was held Tuesday, February 16, 2016, thanking all staff that participated. 02-23-2016 Minutes Page - 7 - 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR  Lone Star Rail District Update. (B. James) Adjournment Mayor Carpenter adjourned the meeting at 6:24 p.m. __________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: March 1, 2016 Department: Engineering Subject: Resolution No. 16-R-19 - A Resolution by the City of Schertz authorizing an Agreement to Contribute Right of Way Funds (Fixed Price) with TxDOT for the FM 1103 Improvement Project. BACKGROUND In early 2015 the Texas Department of Transportation (TxDOT) approached the City of Schertz about the possibility of partnering with TxDOT to fund improvements to the segment of FM 1103 within the City Limits of Schertz. The improvements are expected to include expansion from 2 lanes to 4 lanes with medians, turn lanes, sidewalks, and bike lanes. It was determined that participation by the City of Schertz in the amount of $2 million would be appropriate. The City’s Bond Committee, formally seated by Council on April 7, 2015, considered and ultimately recommended a voter proposition to determine whether the Council should issue general obligation bonds for the purpose of contributing to public improvements on FM 1103. The bond measure passed the November 3, 2015, election with over 91% voter support. In accordance with TxDOT funding procedures, allocation of the $2 million will be made as follows: the City is responsible for 10% of the cost of the right of way and reimbursable utility relocations located within the city limits – currently estimated to be $181,225.69. The balance of the City’s $2 million contribution will go toward construction of the improvements. In order to formalize the arrangement with TxDOT, the City must enter into an Agreement to Contribute Right of Way Funds (Fixed Price) with TxDOT Construction of Improvements to FM 1103 and provide payment to TXDoT in the amount of $181,225.69 so that right of way acquisition offers can proceed. (The remaining funds will be obligated to TxDOT through a separate agreement.) GOAL The goal of Resolution 16-R-19 is Council authorization of an Agreement to Contribute Right of Way Funds (Fixed Price) with TxDOT for the FM 1103 improvement project. COMMUNITY BENEFIT The agreement with TxDOT to establish a partnership with TxDOT on the improvements to FM 1103 supports the City’s policy values of a Safe City with strong Essential Services, and is also contributes to Fiscal Sustainability by leveraging City funds of $2 million dollars for the project. Improvements to FM 1103 within the City of Schertz will provide a significant improvement to travel safety and ease along an arterial roadway segment through which more than 20,000 vehicle trips per day take place currently. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize the Agreement to Contribute Right of Way Funds (Fixed Price) with TxDOT and fund $181,225.69 toward the FM 1103 Improvement Project from IH 35 to the City Limit line at Wiederstein Road. FISCAL IMPACT Under the terms of the Fixed Price Agreement, the City of Schertz is required to pay $181,225.69. The source of the funding is revenue from bonds issued based on the November 2015 Proposition 1. ATTACHMENTS Fixed Price Agreement to Contribute Right of Way Funds with TxDOT for FM 1103 Resolution 16-R-19 RESOLUTION NO. 16-R-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING AN AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FM 1103 IMPROVEMENT PROJECT WHEREAS, the Texas Department of Transportation (TxDOT) has been authorized to undertake and complete an improvement project generally described as an expansion of FM 1103. WHEREAS, the voters of the City of Schertz (City) passed a bond measure on November 3, 2015, authorizing the City Council to issue bonds for the purpose of making public improvements to FM 1103. WHEREAS, the City Council finds that it is in the best interest of the City to enter into the Agreement to Contribute Right of Way Funds (Fixed Price) with TxDOT. 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 the Agreement to Contribute Right of Way Funds (Fixed Price) with TxDOT in substantially the form set forth on Exhibit A and authorizes payment to TxDOT of $181,225.69. 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. - 2 - 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 1st day of March, 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 1 of 10 City of Schertz STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE) THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, (the “State”), and the City of Schertz, Texas, acting through its duly authorized officials (the “Local Government”). WITNESSETH WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No.: FM 1103 from IH 35 to the Guadalupe County Line( RCSJ 1268-01-014) and from the Comal County Line to Rodeo Way (RCSJ: 1268-02-028), and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities (the “Project”); and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to enter into a fixed price joint participation agreement pursuant to 43 TAC §15.52 to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated __________, 20__, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: EXHIBIT A County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 2 of 10 City of Schertz AGREEMENT 1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash con tributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall pay to the State the amount shown in Attachment C as its required contribution of the total cost of the Project and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. The Local Government’s fixed price contribution set fo rth in Attachment C is not subject to adjustment unless: 1. site conditions change; 2. work requested by the Local Government is ineligible for federal participation; or 3. the adjustment is mutually agreed on by the State and the Local Government. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 3 of 10 City of Schertz Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified ind ividual to oversee the Project. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the “Texas Department of Transportation Trust Fund.” The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that in the event any existing, future, or proposed Local Government ordinance, commissioner’s court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re-plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100%) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner’s court order, rule, policy, or other directive will be determined by the State at its sole discretion. F. If the Local Government is an EDC and if the State has ap proved adjustments to the standard financing arrangement, this agreement reflects those adjustments. G. If the Project has been approved for an “incremental payment” non -standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the incremental payment schedule. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project . Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agr eement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 4 of 10 City of Schertz C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreemen t and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the ch aracter of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: Local Government: City Manager City of Schertz 1400 Schertz Parkway Schertz, TX 78154 State: Director of Right of Way Division Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the abov e address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 5 of 10 City of Schertz 7. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be const rued as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this complia nce. 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government . At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 6 of 10 City of Schertz Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized represen tatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor The state auditor may conduct an audit or investigatio n of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S . Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled “Equal Employment Opportunity,” as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirem ents established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 7 of 10 City of Schertz C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachmen ts found at web address http://txdot.gov/business/business_outreach/mou.htm . E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs unde r Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 8 of 10 City of Schertz contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to t rack the County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 9 of 10 City of Schertz distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on -line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 - 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $500,000 or more are met during the Local Government’s fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT’s Audit Office at http://txdot.gov/inside-txdot/office/audit/contact.html C. If expenditures are less than $500,000 during the Local Government’s fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open f or federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been f ormally closed out and no charges have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute - Fixed Price Page 10 of 10 City of Schertz THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Gus E. Cannon, CTCM Director, Right of Way Division Texas Department of Transportation _________________________________ Date County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute ROW Funds Page 1 of 1 Attachment A ATTACHMENT A RESOLUTION OR ORDINANCE County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute ROW Funds Page 1 of 1 Attachment B ATTACHMENT B LOCATION MAP SHOWING PROJECT RCSJ: 1268-01-014 RCSJ: 1268-02-028 County: Comal & Guadalupe District: 15 - San Antonio ROW CSJ: 1268-01-014 & 1268-02-028 CCSJ: 1268-01-013 & 1268-02-027 Federal Project #: N/A Federal Highway Administration CFDA # 20.205 Not Research and Development Agreement to Contribute ROW Funds Page 1 of 1 Attachment C ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE RCSJ: 1268-01-014 Description Total Estimated Cost State Participation Local Participation % Cost % Cost Right of Way Acquisition $482, 601.81 90% $434,341.62 10% $48,260.18 Reimbursable Utility Adjustments $276,490.00 90% $248,841.00 10% $27,649.00 TOTAL $759,091.81 90% $683,182.62 10% $75,909.18 RCSJ: 1268-02-028 Description Total Estimated Cost State Participation Local Participation % Cost % Cost Right of Way Acquisition $776,675.16 90% $699,007.64 10% $77,667.51 Reimbursable Utility Adjustments $276,490.00 90% $248,841.00 10% $27,649.00 TOTAL $1,053,165.16 90% $947,848.64 10% $105,316.51 City of Schertz total estimated contribution: $181,225.69 The estimated contribution is based solely on parcels that are located in the City of Schertz. Except as otherwise provided in the Agreement, the fixed amount of Local Government participation will be that amount provided above. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: March 1, 2016 Department: Engineering Subject: Resolution No. 16-R-20 - A Resolution by the City of Schertz authorizing an Advance Funding Agreement with TxDOT for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match for FM 1103. BACKGROUND In early 2015 the Texas Department of Transportation (TxDOT) approached the City of Schertz about the possibility of partnering with TxDOT to fund improvements to the segment of FM 1103 within the City Limits of Schertz. The improvements are expected to include expansion from 2 lanes to 4 lanes with medians, turn lanes, sidewalks, and bike lanes. It was determined that participation by the City of Schertz in the amount of $2 million would be appropriate. The City’s Bond Committee, formally seated by Council on April 7, 2015, considered and ultimately recommended a voter proposition to determine whether the Council should issue general obligation bonds for the purpose of contributing to public improvements on FM 1103. The bond measure passed the November 3, 2015, election with over 91% voter support. In accordance with TxDOT funding procedures, allocation of the $2 million will be made as follows: the City is responsible for 10% of the cost of the right of way and reimbursable utility relocations located within the city limits. The balance of the City’s $2 million contribution ($1,818,774) will go toward construction of the improvements. In order to formalize the arrangement with TxDOT, the City must enter into an Advance Funding Agreement with TxDOT for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match and provide payment to TXDoT in the amount of $1,818,774 60 days prior to TxDOT’s letting of the project for construction. (The City’s contribution of funds for right of way acquisition will be obligated to TxDOT through a separate agreement.) GOAL The goal of Resolution 16-R-20 is Council authorization of an Advance Funding Agreement with TxDOT for a Voluntary Local Government Contribution to the FM 1103 improvement project. COMMUNITY BENEFIT The agreement with TxDOT to establish a partnership in the improvements to FM 1103 supports the City’s policy values of a Safe City with strong Essential Services, and also contributes to Fiscal Sustainability by leveraging City funds of $2 million dollars for the project. Improvements to FM 1103 within the City of Schertz will provide a significant improvement to travel safety and ease along an arterial roadway segment through which more than 20,000 vehicle trips per day take place currently. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize the Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match and fund $1,818,774 toward construction of the FM 1103 Improvement Project from IH 35 to the City Limit line at Wiederstein Road. FISCAL IMPACT Under the terms of the Advance Funding Agreement, the City of Schertz is required to pay $1,818,774. The source of the funding is revenue from bonds issued based on the November 2015 Proposition 1. ATTACHMENTS Advance Funding Agreement with TxDOT for FM 1103 Resolution 16-R-20 RESOLUTION NO. 16-R-20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH FOR FM 1103 WHEREAS, the Texas Department of Transportation (TxDOT) has been authorized to undertake and complete an improvement project generally described as an expansion of FM 1103. WHEREAS, the voters of the City of Schertz (City) passed a bond measure on November 3, 2015, authorizing the City Council to issue bonds for the purpose of making public improvements to FM 1103. WHEREAS, the City Council finds that it is in the best interest of the City to enter into the Advance Funding Agreement with TxDOT for Voluntary Local Government Contribution to the FM 1103 improvement project. 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 Advance Funding Agreement with TxDOT in substantially the form set forth on Exhibit A and authorizes payment to TxDOT of $1,818,774 60 days prior to the letting of the project for construction. 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 - 2 - 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 1st day of March, 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 #38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA #20-205 Not Research and Development AFA-AFA_VolTIP Page 1 of 6 Revised 07/09/2015 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the “State”, and the City of Schertz, acting by and through its duly authorized officials, called the “Local Government.” WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Texas Transportation Commission Minute Order Number 114264 authorizes the State to undertake and complete a highway improvement generally described as an Expansion of from 2 Lanes to 4 Lanes with Medians, Turn Lanes, Sidewalks and Bike Lanes as shown in Attachment B “Location Map showing Project; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the Expansion of FM 1103 from 2 Lanes to 4 Lanes with Medians, Turn Lanes, Sidewalks and Bike Lanes as shown in Attachment B “Location Map showing Project”, called the “Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1.Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full EXHIBIT A CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 # 38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA # 20-205 Not Research and Development AFA-AFA_VolTIP Page 2 of 6 Revised 07/09/2015 force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out an d completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Departmen t of Transportation." The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government . 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representat ives, and agents. 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 # 38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA # 20-205 Not Research and Development AFA-AFA_VolTIP Page 3 of 6 Revised 07/09/2015 or similar document. If requested by the State, the Local Government will use the State's document template. The Local Governme nt shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. F unds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. If the Local Government’s financial responsibility is a spe cified percentage as reflected in Attachment A, Payment Provision and Work Responsibilities, and changed site conditions are discovered that result in the Local Government’s funding being insufficient to cover the State’s cost for performance of the Local Government’s requested work, the Local Government will pay to the State the additional funds necessary to cover the additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by the parties to this agreement. Should the Local Government fail to pay the additional funds, this agreement shall be mutually terminated in accordance with Article 11 – Termination. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased cost to the department f or a highway improvement project, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 # 38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA # 20-205 Not Research and Development AFA-AFA_VolTIP Page 4 of 6 Revised 07/09/2015 interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility f or the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project cos ts. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City Manager City of Schertz 10 Commercial Place Schertz, Texas 78154 State: Legal Documents : Director of Contract Services Office Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 Billing and Inquiries: Director of Transportation Planning and Development Texas Department of Transportation 4615 NW Loop 410 San Antonio, Texas 78229-5126 CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 # 38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA # 20-205 Not Research and Development AFA-AFA_VolTIP Page 5 of 6 Revised 07/09/2015 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the con tract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of wa y shall cease immediately and the State may recover damages and all costs of completing the work. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 # 38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA # 20-205 Not Research and Development AFA-AFA_VolTIP Page 6 of 6 Revised 07/09/2015 THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ District Engineer _________________________________ Date CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 # 38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA # 20-205 Not Research and Development AFA-AFA_VolTIP Page 1 of 1 Attachment A ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will be responsible for 100% of $1,818,774 in 60 days prior to Letting to the State for the Expansion of FM 1103 from 2 Lanes to 4 Lanes with Medians, Turn Lanes, Sidewalks and Bike Lanes. The State will be responsible for: 1. Construction Responsibilities . 2. Architectural and Engineering Services . 3. Environmental Assessment and Mitigation Utility, Right of Way and Real Property will be provided through a separate Right of Way Agreement . CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 # 38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA # 20-205 Not Research and Development AFA-AFA_VolTIP Page 1 of 1 Attachment B ATTACHMENT B PROJECT MAP CSJ # 1268-01-013 & 1268-02-027 District # 15 – San Antonio Code Chart 64 # 38440 Project: On FM 1103 from IH 35 to Guadalupe County Line and FM 1103 from Comal County Line to Rodeo Way Federal Highway Administration CFDA # 20-205 Not Research and Development AFA-AFA_VolTIP Page 1 of 1 Attachment C ATTACHMENT C RESOLUTION Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: March 1, 2016 Department: Public Works Subject: Resolution No. 16-R-21 - a Resolution authorizing contracts totaling no more than $90,000 with Advanced Water Well Technologies for labor and related materials for various separate and unrelated water pump repair projects during the 2015-16 Fiscal Year and other matters in connection therewith BACKGROUND The City’s water system utilizes 15 water pumps that move potable water around the City. These pumps are essential to maintaining water service for drinking water, firefighting, industrial use, and irrigation use around the City, particularly during peak demand times. From time to time, these pumps fail and need repair. Typically, this is an urgent repair that would require the City to contact repair vendors and select one to perform the work based on their availability and experience. Traditionally, pump failures are rare; however, due to age and wear and tear, we have been experiencing higher than anticipated failures both this year and last year. We have had two failures this fiscal year. The first failure in December resulted in repairs of approximately $32,000. The second failure that occurred in February is estimated to be $25,000 to repair. These repairs require a complete tear down and rebuild to put the pump back in service. The first repair was performed by Advanced Water Well Technologies. They are available to do the second repair and are the preferred vendor due to their knowledge of our system and history of repair work. The total of both of these repairs will exceed $50,000 so staff is seeking Council approval of this second repair prior to commencing with the work in accordance with City Purchasing Policy. Staff is seeking an additional buffer amount with Advanced Water Well Technologies in case of additional pump failures which often occur during the peak water use season which is upcoming. A Request for Proposal has been released to establish an “on-call” vender for pump repairs. This buffer amount is estimated to cover one average pump repair with a total not to exceed for the fiscal year of $90,000 or approximately $33,000 after completion of this second repair. GOAL To obtain approval from City Council to approve and execute contracts with Advanced Water Well Technologies during the remainder of the 2015-16 Fiscal Year for total expenditures not to exceed $90,000. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize the City Manager to approve and execute contracts with Advanced Water Well Technologies, during the remainder of the 2015-16 Fiscal Year for total expenditures not to exceed $90,000. FISCAL IMPACT Costs associated with utilizing Advanced Water Well Technologies for repair projects will be paid for with current budgeted funds. ATTACHMENTS Resolution 16-R-21 RESOLUTION NO. 16-R-21 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CONTRACTS TOTALING NO MORE THAN $90,000 WITH ADVANCED WATER WELL TECHNOLOGIES FOR LABOR AND RELATED MATERIALS FOR VARIOUS SEPARATE AND UNRELATED WATER PUMP REPAIR PROJECTS DURING THE 2015-16 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the “City”) has contracted with Advanced Water Well Technologies for labor and related materials for various separate and unrelated water pump repair projects; and WHEREAS, Advanced Water Well Technologies has consistently provided quality repair work for the City’s water service pumps; and WHEREAS, the City’s Purchasing Policy, adopted and approved by the City Council of the City (the “City Council”) pursuant to Resolution No. 11-R-14, authorizes the City Manager, or his or her designee, to approve and execute contracts for amounts less than $50,000 without obtaining City Council approval for such contracts; and WHEREAS, the total amount of the various separate and unrelated contracts that the City has or needs to enter into with Advanced Water Well Technologies during the 2015-16 fiscal year will exceed $50,000; and WHEREAS, the City staff desires to continue to work with Advanced Water Well Technologies in connection with one or more additional separate and unrelated water pump repair projects during the remainder of the 2015-16 fiscal year, for total expenditures not to exceed $90,000; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to approve and execute contracts with Advanced Water Well Technologies for additional separate and unrelated water pump repair projects including unanticipated repairs that may arise during the remainder of the 2015-16 fiscal year for total expenditures not to exceed $90,000. 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. - 2 - 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 1st day of March 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: March 1, 2016 Department: Public Works/Engineering Subject: Resolution No. 16-R-22 – A Resolution by the City of Schertz Authorizing a Professional Services Agreement with IDS Engineering Group, Inc., for a Pavement Condition Analysis of City Streets utilizing the city’s MicroPAVER Software. BACKGROUND A pavement condition analysis of the City’s network of streets was completed in 2009. Industry standards suggest this study should be performed every three years. This pavement rating system assists in identifying and ranking the quality of roads maintained by the City, and provides input for the scheduling of repair or maintenance. The ratings of serviceability of pavement and riding comfort also enables the Public Works Department to budget for, schedule and initiate maintenance or rehabilitation of roads in a more cost effective manner. The primary goal of this project is to establish a priority ranking of roads based on condition that will be used to identify projects that will be funded by upcoming street bond issuance. All of the City’s streets, approximately 150 centerline miles of roadway within the City limits will be analyzed to establish Pavement Condition Indices (PCIs). Data will be entered and processed using MicroPAVER, a pavement management system software. The PCI number is generated on a scale of 1-100, 100 being the best quality road achievable. Some of the categories that factor into the PCI number system are: skid resistance, surface distress, roughness, fatigue, deformation, and excessive loading. The Public Works and Engineering Departments have worked together to qualify IDS Engineering Group, Inc., (IDS) based on their experience, quality of work, willingness and availability to work closely with City Staff for the purpose of training and utilizing MicroPAVER rating software to the fullest extent. Per the Texas Local Government Code, the City is not required to seek bids or proposals to procure professional services and it further prohibits the City from selecting a firm based on competitive bids. Rather awards are based on demonstrated competence and qualifications and for a fair and reasonable price. The City’s Engineering and Public Works Staff talked with a number of different firms, including the City’s on call engineering firms before recommending we work with IDS. Goal Develop a quantitative method for prioritizing street maintenance and repair priorities. The results of this study will also provide the City with methodology to prioritize streets to optimize spending and budgeting for bond-funded improvement construction and future maintenance and repair projects while providing training and technical software support. Community Benefit This project will indirectly support all of the City Policy Values. Objective identification of roadway conditions is the first step toward the preservation and maintenance of City streets to provide access to jobs, homes, schools, and shopping while attracting potential businesses and future residents. Summary of Recommended Action Staff recommends Council authorize approval of a Professional Services Agreement with IDS Engineering Group, Inc., to provide a pavement condition analysis with recommended priority projects, repair and maintenance recommendations, and staff training. FISCAL IMPACT Pavement Management Services of $86,350 will be paid for from remaining 2009 Street Bond Funds. RECOMMENDATION Staff recommends Council approve Resolution 16-R-22 ATTACHMENTS Resolution 16-R-22 Project Agreement RESOLUTION NO. 16-R-22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH IDS ENGINEERING GROUP, INC., RELATING TO A PAVEMENT CONDITION ANALYSIS OF CITY STREETS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City requires professional services relating to a pavement condition analysis of City streets utilizing the City’s MicroPAVER software; and WHEREAS, City staff has determined that IDS Engineering Group, Inc., is qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, IDS Engineering Group, Inc., is uniquely qualified to provide these services for the City of Schertz; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with IDS Engineering Group, Inc., pursuant to the Professional Services Agreement attached hereto as Exhibit A (the “Agreement”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with IDS Engineering Group, Inc., 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 1st of March, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) A-1 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT IDS 2-24-16 IDS Engineering Group Page 1 CITY OF SCHERTZ STANDARD PROFESSIONAL SERVICES AGREEMENT THE STATE OF TEXAS § § GUADALUPE COUNTY § This Professional Services Agreement (“Agreement”) is made and entered by and between the City of Schertz, Texas, (the “City”) a Texas municipality, and IDS Engineering Group (“Professional”). Section 1. Duration. This Agreement shall become effective upon execution by the City and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work. (A) Professional shall perform the Services as more particularly described in the Scope of Work attached hereto as Exhibit “A”. The work as described in the Scope of Work constitutes the “Project”. Unless otherwise provided in the Scope of Work, the anticipated submittal of all Project deliverables is immediately upon completion of the Project. (B) The Quality of Services provided under this Agreement shall be performed with the professional skill and care ordinarily provided by competent Professionals practicing in the same or similar locality and under the same or similar circumstances and professional license, and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional holding the same professional license. (C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Professional may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation. (A) The Professional shall be paid in the manner set forth in Exhibit “B” and as provided herein. (B) Billing Period: The Professional may submit monthly, or less frequently, an invoice for payment based on the estimated completion of the described tasks and approved work IDS 2-24-16 IDS Engineering Group Page 2 schedule. Subject to Chapter 2251, Texas Government Code (the “Prompt Payment Act”), payment is due within thirty (30) days of the City’s receipt of the Professional’s invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses: Any and all reimbursable expenses related to the Project shall be included in the scope of services (Exhibit A) and accounted for in the total contract amount in Exhibit “B”. If these items are not specifically accounted for in Exhibit A they shall be considered subsidiary to the total contract amount. Section 4. Changes to the Project Work; Additional Work. (A) Changes to Work: Professional shall make such revisions to any work that has been completed as are necessary to correct any errors or omissions as may appear in such work. If the City finds it necessary to make changes to previously satisfactorily completed work or parts thereof, the Professional shall make such revisions if requested and as directed by the City and such services will be considered as additional work and paid for as specified under following paragraph. (B) Additional Work: The City retains the right to make changes to the Scope of Work at any time by a written order. Work that is clearly not within the general description of the Scope of Work and does not otherwise constitute special services under this Agreement must be approved in writing by the City by supplemental agreement before the additional work is undertaken by the Professional. If the Professional is of the opinion that any work is beyond that contemplated in this Agreement and the Scope of Work governing the project and therefore constitutes additional work, the Professional shall promptly notify the City of that opinion, in writing. If the City agrees that such work does constitute additional work, then the City and the Professional shall execute a supplemental agreement for the additional work and the City shall compensate the Professional for the additional work on the basis of the rates contained in the Scope of Work. If the changes deduct from the extent of the Scope of Work, the contract sum shall be adjusted accordingly. All such changes shall be executed under the conditions of the original Agreement. Any work undertaken by Professional not previously approved as additional work shall be at risk of the Professional. Section 5. Time of Completion. The prompt completion of the services under the Scope of Work is critical to the City. Unnecessary delays in providing services under a Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 6. Insurance. Before commencing work under this Agreement, Professional shall obtain and maintain the liability insurance provided for in attached Exhibit C throughout the term of this Agreement and thereafter as required herein. IDS 2-24-16 IDS Engineering Group Page 3 In addition to the insurance provided for in Exhibit C, Professional shall maintain the following limits and types of insurance: Professional Liability Insurance: professional errors and omissions liability insurance with limits of liability not less than $1,000,000 per occurrence covering all work performed by the Professional, its employees, sub-contractors, or independent contractors. If this coverage can only be obtained on a “claims made” basis, the certificate of insurance must clearly state coverage is on a “claims made” basis and coverage must remain in effect for at least two years after final payment with the Professional continuing to furnish the City certificates of insurance. Workers Compensation Insurance: The Professional shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Professional’s employees carrying out the work involved in this contract. General Liability Insurance: The Professional shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Professional or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Professional shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non-owned motor vehicles used in the performance of this contract by the Professional or its employees. Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and independent contractors working under the direction of either the Professional or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Professional. Qualifying Insurance: The insurance required by this Agreement shall be written by non- assessable insurance company licensed to do business in the State of Texas and currently rated "B+" or better by the A.M. Best Companies. All policies shall be written on a “per occurrence basis” and not a “claims made” form. Evidence of such insurance shall be attached as Exhibit “D”. Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured’s obligation to maintain such insurance. Section 7. Miscellaneous Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this IDS 2-24-16 IDS Engineering Group Page 4 Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Professional of any responsibility for work done by such subcontractor. (B) Ownership of Documents. Upon completion or termination of this Agreement, all documents prepared by the Professional or furnished to the Professional by the City shall be delivered to and become the property of the City. All drawings, charts, calculations, plans, specifications and other data, including electronic files and raw data, prepared under or pursuant to this Agreement shall be made available, upon request, to the City without restriction or limitation on the further use of such materials PROVIDED, HOWEVER, THAT SUCH MATERIALS ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY THE CITY OR OTHERS. ANY REUSE WITHOUT PRIOR VERIFICATION OR ADAPTATION BY THE PROFESSIONAL FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT THE CITY’S SOLE RISK AND WITHOUT LIABILITY TO THE PROFESSIONAL. Where applicable, Professional shall retain all pre-existing proprietary rights in the materials provided to the City but shall grant to the City a non-exclusive, perpetual, royalty-free license to use such proprietary information solely for the purposes for which the information was provided. The Professional may, at Professional’s expense, have copies made of the documents or any other data furnished to the City under or pursuant to this Agreement. (C) Professional's Seal. To the extent that the Professional has a professional seal it shall placed on all documents and data furnished by the Professional to the City. All work and services provided under this Agreement will be performed in a good and workmanlike fashion and shall conform to the accepted standards and practices of the Professional’s industry. The plans, specifications and data provided by Professional shall be adequate and sufficient to enable those performing the actual work to perform the work as and within the time contemplated by the City and Professional. The City acknowledges that Professional has no control over the methods or means of work nor the costs of labor, materials or equipment. Unless otherwise agreed in writing, any estimates of costs by the Professional are for informational purposes only and are not guarantees. (D) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker’s compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self-employment taxes, social security taxes and the like are the sole responsibility of the Professional. (F) Non-Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall IDS 2-24-16 IDS Engineering Group Page 5 not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (G) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (H) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. Section 8. Termination. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Professional and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. (B) If the City terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or (3), above, the Professional shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those services that have been timely and adequately IDS 2-24-16 IDS Engineering Group Page 6 performed by the Professional considering the actual costs incurred by the Professional in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination that is not the fault of the Professional, the Professional shall be compensated for all basic, special, and additional services actually performed prior to termination, together with any reimbursable expenses then due. Section 9. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional – expressly including those arising through strict liability or under the constitutions of the United States or Texas – BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 10. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 11. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 12. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 13. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other IDS 2-24-16 IDS Engineering Group Page 7 breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 14. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 15. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 16. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 17. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 19. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 20. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 21. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. 23. Dispute Resolution. In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL GOV’T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute IDS 2-24-16 IDS Engineering Group Page 8 shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. 24. Disclosure of Business Relationships/Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. [The remainder of this page is intentionally left blank.] IDS 2-24-16 IDS Engineering Group Page 9 EXECUTED on this the day of , 2015. CITY: PROFESSIONAL: By: By: Name: John C. Kessel Name: Title: City Manager Title: ADDRESS FOR NOTICE: CITY: PROFESSIONAL: City of Schertz IDS Engineering Group Attn: John C. Kessel, City Manager 13430 Northwest Freeway, Suite 700 1400 Schertz Parkway Houston, TX 77040 Schertz, Texas 78154 713.462.3178 With a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 IDS 2-24-16 IDS Engineering Group Page 10 Exhibit “A” SCOPE OF WORK Project The Professional shall perform engineering services to provide Pavement Condition Index (PCI) scores for approximately 150 centerline miles of pavement network. Location Schertz, TX Scope of Work Professional will provide a pavement condition analysis on approximately 150 centerline miles within the City of Schertz. The analysis will utilize the existing (2009) access and shape files and update/integrate the data into MicroPAVER 7 for pavement section evaluation and condition analysis. The field evaluation will be completed in two primary phases after the data has been imported into the IDS MicroPAVER laptop. Project Phases Phase I - Project Startup Professional will upload all existing City paver information and will modify existing shape files to provide a working GIS map for review and project discussions. Phase II - Field investigation (Pavement Distress Collection- approx. 50 miles) Professional will use a two person field team to provide manual observation (Windshield Study) and data entry into MicroPAVER software 7.0.3. The field team will include a Registered Professional Engineer for the first 3 miles of roadway and the team will consistently be an Engineer-in-Training and support field designer for the remaining miles. The Professional Engineer will remain engaged for data review and data processing. Professional will provide a PCI value for each street segment using MicroPAVER with the following details included for each segment: o Pavement length and width of each segment. o Distress Type (max. 19 distresses) o Distress Severity (quantified as low, medium, or high) o Distress Extent (based on distress area) o Other comments related to the street segment, such as roughness and ride-ability data, and road conditions or areas identified for manual re-inspection. Professional will evaluate the first 50 miles (approx.) of streets as determined by the City IDS 2-24-16 IDS Engineering Group Page 11 Phase Ill - Data Evaluation & Recommendations (50 miles) Professional will print a report of distresses and PCl's and meet with the city four (4) times to discuss the PCI rankings and will determine which streets would qualify for preventative maintenance, rehabilitation (Mill & Overlay with base repair) or reconstruction. Professional will develop methodology to prioritize projects to optimize spending and budgeting for future maintenance and repair projects. Provide an estimated cost of repair and recommended maintenance schedule for each of the 50 miles (Streets within the 50 miles). The estimated cost will be on a square yard or square foot basis and will be for construction cost alone. A letter report with the PCl's and recommendations will be provided to the City. Phase IV- Field investigation (Pavement Distress Collection- 100 miles) Professional will use a two person field team to provide manual observation (Windshield Study) and data entry into MicroPAVER software 7.0.3. The field team will include a Registered Professional Engineer for the first 3 miles of roadway and the team will consistently be an Engineer-in-Training and support field designer for the remaining miles. The Professional Engineer will remain engaged for data review and data processing. Professional will provide a PCI value for each street segment using MicroPAVER with the following details included for each segment: o Pavement length and width of each segment. o Distress Type (max. 19 distresses) o Distress Severity (quantified as low, medium, or high) o Distress Extent (based on distress area) o Other comments related to the street segment, such as roughness and ride-ability data, and road conditions or areas identified for manual re-inspection. Professional will evaluate the final approximated 100 miles of streets as determined by the City. Phase V- Data Evaluation & Recommendations (Approx. 100 miles) Professional will print a report of distresses and PCl's and meet with the City four (4) times to discuss the PCI rankings and will determine which streets would qualify for preventative maintenance, rehabilitation (Mill & Overlay with base repair) or reconstruction. Professional will provide an estimated cost of repair and recommended maintenance schedule for each of the 100 miles (Streets within the 100 miles). The estimated cost will be on a square yard or square foot basis and will be for construction and general maintenance cost alone. Phase VI - Final Report A written report signed and sealed by a licensed professional engineer, including an Executive Summary of the data collection effort and a summary of results in tables, graphics, and descriptive text for use by the City, shall be submitted as a deliverable of this task. A deliverable report of analysis and project priority recommendation based on the entire City system (approximately 150 centerline miles) with recommendation for optimization of City's current pavement maintenance practice using existing and recently collected data under the contract shall be due by July 1, 2016. IDS 2-24-16 IDS Engineering Group Page 12 The Report of the data shall be delivered in Access and Shape file data. o Collected data must be uploaded to City's existing Micro PAVER and GIS software. o The finalized GIS shape files will provide collected data displaying street PCI values. o A database to be delivered as an ESRI personal geodatabase which shall overlay the City GIS basemap. All inspection data will be referenced to a unique street segment ID as defined by the City. Data shall be referenced to the latest NAO 1983 State Plane Texas South Central FIPS 4204 or as MicroPAVER data allows. Professional will develop methodology to prioritize projects to optimize spending and budgeting for future maintenance and repair projects. Available budget will be provided by City. Professional will provide an estimated cost of repair and recommended maintenance schedule able to be met with the City's annual street maintenance budget (Pavement Management Software). Professional will review first deliverable with City Staff and provide training related to data collection and maintenance of database (One day max). A member of City staff has the option to ride along during the evaluation process at any time. GIS Support and Quality Assurance & Quality Control Professional will have GIS support for mapping the Pavement Condition Index using the City Provided GIS base files. A quality control reviewer will be assigned as company standard to review each of the product submittals and opinions of cost for each of the streets. Items Provided by City • All existing data for Micropaver • Anticipated budgets from the City for maintenance and construction • GIS shape files and City GIS files Period of Service (Working Days) Phase I (5 Days approx.) Phase II (14 Days approx..) Phase III (14 Days approx.) April 1, 2016 Deadline Phase IV (30 Days Approx.) Phase V (21 Days Approx.) Phase VI (14 Days approx.) July 1, 2016 Deadline Weather conditions may affect the project schedule. Roads should not be evaluated during rainfall events and should be postponed until road conditions are dry to provide accurate description of distresses. IDS 2-24-16 IDS Engineering Group Page 13 Exhibit “B” COMPENSATION Invoices will be provided monthly based on an hourly basis at the approved contract rates. Basic Services Phase I - Project Setup $2,800 Phase II - Field investigation (50 miles) $18,000 Phase Ill - Data Evaluation & Recommendations $7,500 Phase IV- Field Investigation (100 miles) $31,250 Phase V- Data Evaluation & Recommendations $15,000 Phase VI- Final Report $7,500 GIS Support and QA/QC Support $5,100 Total Base Services (hourly not-to-exceed) $87,150 Reimbursable expenses, such as travel expenses, reproduction cost, will be billed directly and are estimated to be $600. Total Contract (Not-to-Exceed) $ 87,750 Professional’s Group Rate Table below is hereby made part of this agreement. Staff Category Typical Hourly Billing Rate Principal ................................................................................. $231.00 Senior Project Manager .......................................................... $204.00 Project Manager ...................................................................... $169.00 Senior Project Engineer ...........................................................$172.00 Project Engineer .......................................................................$137.00 Design Manager .......................................................................$200.00 Design Engineer .......................................................................$120.00 Engineer in Training .................................................................$103.00 Senior Designer ........................................................................$159.00 Designer ...................................................................................$122.00 GIS Manager ............................................................................$114.00 GIS Technician .........................................................................$109.00 CADD Technician ....................................................................$101.00 Construction Manager ..............................................................$191.00 Construction Observer ..............................................................$119.00 Senior Administrative ...............................................................$120.00 Administrative ...........................................................................$82.00 IDS 2-24-16 IDS Engineering Group Page 14 Exhibit “C” REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Professional shall comply with each and every condition contained herein. The Professional shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Professional shall maintain insurance coverage equal to that required of the Professional. It is the responsibility of the Professional to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Professional shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non-renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Professional may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B+. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Professionals obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Professional shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Professional’s insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: purchasing@schertz.com Purchasing Department Faxed to: 210-619-1169 1400 Schertz Parkway Schertz, TX 78154 IDS 2-24-16 IDS Engineering Group Page 15 IDS 2-24-16 IDS Engineering Group Page 16 (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information – complete name, address, telephone information, & email address. C) Insured’s (Insurance Policy Holder) Information – complete name & address information D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy – must have an (x) in box. Also, “Occurrence” type policy – must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with “Y” for yes under Additional Insured for all coverages, except for Professional Liability and Workers’ Compensation. There shall also be a “Y” for yes under all coverages for subrogation waived. I) Automobile Liability Insurance – must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage – must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker’s Compensation and Employers Liability Insurance – information must be completed in this section of the certificate of insurance form (if applicable). L) Builder’s Risk Policy – for construction projects as designated by the City of Schertz. Professional Liability Coverage – for professional services if required by the City of Schertz. M) Insurance Policy #’s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The “additional insured” endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non-Contributory (4) Cancellation Notice Q) City of Schertz’s name and address information must be listed in this section R) Notice of cancellation, non-renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. IDS 2-24-16 IDS Engineering Group Page 17 Exhibit “D” EVIDENCE OF INSURANCE Date: 2/23/2016 From: Finance Department To: Mayor and Councilmembers Subject: Mayor and Council Compensation In compliance to Ordinance 08-G-31, we have calculated the new pay amount for Mayor and Councilmembers. Ordinance 08-G-31 provides for pay adjustments based on the Consumer Price Index (CPI) starting January 1, 2010. However, Council pay has not been updated in any year since this ordinance was approved. Therefore, the planned pay will use the difference in the CPI from January 1, 2010 and January 1, 2016. Below you can find a table showing the CPI changes per year and the compensation amounts per pay period. Base 2010 2011 2012 2013 2014 2015 2016 Mayor $ 207.69 $ 213.51 $ 217.10 $224.12 $ 227.61 $ 231.41 $ 230.58 $ 233.24 Council $ 126.92 $ 130.48 $ 132.67 $ 136.96 $ 139.10 $ 141.42 $ 140.91 $ 142.54 CPI 2.8% 1.7% 3.2% 1.6% 1.7% -0.4% 1.2% For the pay date of March 11, 2016, Mayor and Councilmember pay will be set to the 2016 amounts shown in the table. Overall this is a 12% increase in compensation which is less than 2% annually. There will be no retroactive adjustment to the pay amount. Ordinance 08-G-31 allows for the Mayor or Councilmembers to opt out of the pay change by submitting a letter with this intent to the City Manager. If you would like to remain at your current pay level please check the box below, sign, and return this letter to the City Manager by March 8, 2016. By checking this box I make known my intent to remain at my current compensation level. I understand my own compensation will not increase on March 11, 2016 and there will not be another opportunity to increase my compensation until the 2017 adjustment. Please note that by not submitting this signed form your pay will automatically be changed to the 2016 amount specified in the table. Printed Name Signature Date