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02-14-2017 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 14, 2017 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable High Quality of Life Safe Community Essential Services Attractive Community Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro -Tem Edwards) Proclamation • Proclamation recognizing George Washington's Birthday. (Mayor /Council /Louis Segaloff) Presentations • Presentation and recognition of retired K -9 Rambo and introducing our new K -9 Medor. (D. Wait/M. Hansen/M. Bane) City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 2 -14 -2017 Council Agenda 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. 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 7, 2017. (J. Kessel /B. Dennis) 2. Boards, Commissions and Committee Member Appointments /Resignations — Consideration and/or action ratifying the resignations of Ms. Mireille Ferdinand - Hercule as a regular member of EDC and Mr. Dave Reynolds as a regular member of the Committee of Committees Advisory Board and consideration and /or action appointing Mr. Don Taylor to the Hal Baldwin Scholarship Committee. (B. Dennis/Mayor /Council) 3. Ordinance No. 17 -S -07 - Consideration and/or action approving an Ordinance to rezone 611 & 615 Main Street, approximately 1 acre of land, from Single Family Residential District (R -2) to Main Street Mixed Use District (MSMU). Final Reading (B. James /L. Wood /E. Grobe) 4. Ordinance No. 17 -A -08 — Consideration and/or action approving an Ordinance regarding the annexation of approximately 63 -acres of land generally located on Trainer Hale Road, approximately 600 feet north of I -10, specifically located at 7424 Trainer Hale Road, Bexar County, Texas. Final Reading (B. James /L. Wood/C. Gould) 5. Ordinance No. 17 -S -09- Consideration and/or action approving an Ordinance on a request to zone approximately 63 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7424 Trainer Hale Road. Final Reading (B. James /L. Wood/C. Gould) Discussion and Action Items 6. Resolution No. 17 -R -09 — Consideration and /or action approving a Resolution Authorizing an Interlocal Agreement with South Texas Regional Advisory Council (STRAC) for EMS Billing Solution Services. (D. Wait /J. Mabbitt) 2 -14 -2017 City Council Agenda Page - 2 - 7. Resolution No. 17 -R -10 — Consideration and/or action approving a Resolution requesting permission to apply for the 2017 Homeland Security Grant Funds for Hazmat Equipment. (D. Wait /D. Covington/K. Long) 8. Resolution No. 17 -R -06 — Consideration and/or action approving a Resolution authorizing the City Manager or his designee and its City Attorney to move forward with obtaining rights of entry for surveying and geologic testing in determining the final route of the Schertz- Seguin Local Government Corporation (SSLGC) parallel pipeline. (D. Wait) 9. Resolution No. 17 -R -07 — Consideration and /or action approving a Resolution authorizing the Preconstruction Phase Service only of the Construction Manager at Risk Agreement for Fire Station #3 and miscellaneous projects and associated support systems. (D. Wait /P. Gaudreau) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager. 11. 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. 12. 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 Executive Session 13. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Reconvene into Regular Session 13a. Take any action based on discussions held in closed session under Agenda Item 13. Adiournment 2 -14 -2017 City Council Agenda Page - 3 - CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 10TH DAY OF FEBRUARY 2017 AT 4:20 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. 1�)ovx'vo .sohvl&oe�ZeL Donna Schmoekel, Deputy City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2017. 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. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Davis— Place 1 Audit Committee Schertz Housing Authority Board Interview Committee for Boards and Commissions Interview Committee for Boards and Investment Advisory Committee Commissions TIRZ II Board Councilmember Gutierrez — Place 2 Councilmember Larson — Place 3 2 -14 -2017 City Council Agenda Page - 4 - Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz- Sequin Local Government Corporation 2 -14 -2017 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: February 14, 2017 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular meeting on February 7, 2017. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of February7, 2017. ATTACHMENTS Regular Meeting of February 7, 2017 MINUTES REGULAR MEETING February 7, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 7, 2017, 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 Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:01 Mayor Pro -Tern Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford City Manager John Kessel Executive Director Dudley Wait City Attorney Charles Zech ly 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 fo d by the ges of allegiance to the flags of the United States and the State of Texas. Mayor Carpenter moved to the Presentation of the Proclamation. Proclamatio • _ clamation recognizing the Official Rodeo Season. (M. Carpenter /B. Hall /C. Gidden) Mayor Carpenter read and presented the proclamation to Ms. Gidden recognizing the start of the Official Rodeo Season in the San Antonio metropolitan area. Ms. Gidden encouraged everyone to come out and support the many festivities and people associated with it. You can go to SARodeo.com for a list of all the daily schedules. Everything starts February 9. Mayor Carpenter moved back to the Oath of Office of the Mayor Pro -Tem. A. Mayor Pro -Tem Oath of Office — Oath of Office administered to Councilmember Cedric Edwards. (Mayor Carpenter to administer oath) Mayor Carpenter administered the oath of office to Mayor Pro -Tem Cedric Edwards. New Employee Recognitions: • Animal Services — Part-Time Kennel Tech Chantel B. Snow (D. Wait /M. Harris /S. O'Brien) 2 -07 -2017 Minutes page - t - • EMS — Full Time Paramedics Savannah Thomas, Part-Time Paramedic Marla Jendrusch (D. Wait /J. Mabbitt/T. Bradford) • Police Department — Patrol Officer Mario Hernandez. (D. Wait /M. Hansen) • Public Works — Public Works Water Allen Diaz, Serviceman I (D. Wait /J. Hooks /D. Letbetter) • Purchasing & Asset Management — Purchasing & Asset Manager Marc Ripley (D. Wait /J. Kurz) Each new staff member was introduced to Council by their respective Department Head who provided a brief bio on each employee. Mayor and Council welcomed them all aboard. Mayor Carpenter moved to the City Events and Announcements. City Events and Announcements • Announcements of upcoming City Ever. Mayor Carpenter recognized Executive announcements: ri • Thursday, February 9 • Tuesday, February 14 • Wednesday, February 15 • Monday, February 20 • Tuesday, February 21 • Saturday, February 25 Z) Pik, ded the following Chuck Wagon Breakfast 7:30 am -9:30 a.m. Frost Bank 16895 IH 35 N. 3009 Show your support for the Greater Randolph Area Trailriders as they travel to the rodeo grounds. Northeast Partnership 11:30 a.m.-1:00 p.m. Olympia Hills Golf Course and Conference Center Trailriders Lunch -11:30 a.m. Pickrell Park - The Trailriders will make their way to Schertz Pickrell Park between 11:30 a.m. and noon for their annual stop as they travel to the SA Stock Show and Rodeo. Ribbon Cutting: Triton Group at Legacy Mutual Mortgage 4:30 p.m. 3820 FM 3009, Suite 148. City Council Meeting 6:00 p.m. City Council Chambers. Fire Department Awards Banquet 6:30 p.m. Civic Center Presidents Day - City offices closed. Chamber Luncheon 11:30 a.m. Schertz Civic Center, "State of the Cities Address ". City Council On- The -Go Town Hall Meeting, 6:30 Ray Corbett Jr. High School, 1200 Ray Corbett Drive. Operation Comfort 5K and Kids Freedom Fun Run 9:00 a.m. Bluebonnet Palace registration is at 6:30 a.m. — Commemorating the 7t' Annual salute to our service members. • Announcements and recognitions by City Manager (J. Kessel) 2 -07 -2017 Minutes Page - 2 - Mayor Carpenter recognized City Manager John Kessel who spoke about the success of the EMS Community Health Program run by staff members Kellie Burnam and Jessica Aird. They had received information that due to the education that was provided to one of patients, the parents indicated that for the first time their son received perfect attendance. Mr. Kessel commended staff for such a great success story. PrPePntatinnc • Presentation and recognition of retired K -9 Rambo and introducing our new K -9 Medor. (D. Wait /M. Hansen/M. Bane) Mayor Carpenter stated since the Police K -9 team was unable to this item up on a different meeting in the future. 0 Mayor Carpenter moved to the Hearing of Residents portion of the age Hearing of Residents here tonight they will take • Mr. Dave Roberts, 5301 Country Club, who spoke about keeping the Northcliffe Golf Course open and running, keeping it green and getting back all their golf tournaments. They wanted to say thank you and will continue to work hand in hand with the City of Schertz. He also thanked all the citizens who signed the petition(s) to keep the property a golf course. • Mr. Melvin Krueger, 9260 Weir Road, who spoke in favor of the wastewater treatment facility on Trainer Hale Road. He hopes the City continues with this project. W • Ms. Ruth Martin, 3051 Haeckerville Road, Cibolo, who spoke on her property on Weir Road and supports the building of the wastewater facility and believes its' presence will be for the greater good of all residents. • Ms. Mary Fox, 2625 Pillory Point, who spoke about her last three water billing statements from the City which are identical. She is concerned as to their accuracy and does not understand how they can be exactly the same. Her water usage is sporadic according to the graphs. Mayor Carpenter referred her to Executive Director Brian James for assistance. • Ms. Michele Tereletsky, 705 Marilyn Drive, who appreciates the work that Doug Letbetter, Jimmy Hooks, and Dudley Wait have done on a project she previously brought forward. She also appreciates the Mayor's suggestion that will possibly alleviate some flooding on the street. • Ms. Maggie Titterington, 1730 Schertz Parkway (The Chamber), who thanked the City for their partnership in the annual Health Fair held last month — attended by 822 people. She provided some pictures of the event which grew this year to 86 vendors. She provided information/dates on several other upcoming events. • Dr. David Scagliola, 3418 Foxbriar Lane, who spoke about the Northcliffe Golf Course stating that the overall issue is still not resolved. The citizens are asking the City's backing to 2 -07 -2017 Minutes page - 3 - keep the property as an 18 -hole golf course and consider and establish a time frame for rezoning the footprint of the golf course to reflect a GC designation or greenspace allocation. • Mr. Daryl Hunter, 9275 Weir Road who spoke on behalf of the Wiederstein family located off of 9275 Weir Road, who said they are all in favor of the wastewater management program. They realize it will enhance the value of their properties. • Mr. Brian Bryson, 22906 Fossil Peak, who spoke about the easement following the Woman Hollering Creek whose family has owned a parcel of land since 1890. He is in favor of the sewer line coming through his property to allow more access for future development. • Mr. Wayne Ashebreier, 8700 Star Ranch, Boerne, TX, who is a realtor and works with a lot of developers. Some stakeholders along the sewer line did not feel comfortable with it. He invited people here tonight so council could see that there are people out there who are in support of the line. The economic impact from that sewer line going through this area is tremendous. He has worked with Chris Price from the Crossvine Development who is also in favor of the sewer line going through. He also has worked with Harry Houseman who is in the process of developing a piece of property on FM 1518. This line will also have a great impact on his ability to develop that area. The Friesenhahn family is also here and in support of this. He provided various maps reflecting an assortment of properties that will be positively impacted. These owners came here tonight to ask council for their continued support of bringing this sewer line forward. The economic impact to the city will also be enormous. • Mr. Randy Schriewer, 1175 Court Street, Seguin, TX, who is a real estate agent representing the Buetenagel family who own 78 acres on Trainer Hale Road. They are in favor of this sewer line as well. Development is inevitable and will have a positive impact on their property. They ask you, the city proceed with the sewer plant. Mayor Carpenter moved back to the presentation section of the agenda. • Presentation regarding the 2016 Citizen Satisfaction Survey. (S. Gonzalez /L. Klepper /Jason Morado) r � Mayor Carpenter recognized Public Affairs Director Linda Klepper who introduced Senior Product Manager Jason Morado with ETC Institute who the city partnered with to conduct the community citizen survey. He proceeded to go over some of the major findings. He covered the purpose and methodology, bottom line upfront, major findings, summary, and questions. One objective is to find out what citizens think about city services and what the priority should be. Another is to set a baseline for future surveys and compare Schertz's performance with residents in other communities regionally and nationally. It will also help determine priorities for the community. The typical survey is six to seven pages conducted by mail, online and phone to randomly selected households throughout the city. The goal is to get 400 survey responses. Schertz exceeded the goal with 601 responses. The results revealed a 95% confidence level, with a margin of error of +/- 4% overall. 2 -07 -2017 Minutes page - 4 - The bottom line up front is: 1) residents have a very positive perception of the City with 84% satisfied with the overall quality of services and 82% satisfied with the overall quality of life in Schertz. The overall satisfaction with city services is higher in Schertz than other communities; 28% above the U.S. average ad 27% above the southwest regional average. The top community priorities are: traffic, road repair, maintenance, and expansion, planning for rapid growth, and parks and recreation programs. The survey asked residents to rate their overall satisfaction with city services by major category, such as: fire, library, EMS, water /sewer, police, trash/waste collection, customer service, animal services, parks and recreation programs, civic and community centers, storm water runoff and flood prevention, enforcement of city codes and ordinances, municipal court sentences, and city communication with the public. Overall 12% or less are dissatisfied. The city is doing a great job in all areas of the city equally. Customer Service was rated very high. The city did very well in all categories in relation to regional and national averages. The three biggest issues residents feel Schertz will face within the next five years are: traffic, road repair, maintenance and expansion, planning for rapid growth. Mr. Morado presented several more slides explaining the priorities of residents. Residents were asked to prioritize their primary sources of information about the City. The top two were the Schertz Magazine along with the city website. The top five primary reasons respondents chose to live in Schertz were location, quality of life, safe community, affordability and convenience. In summary, overall, residents have a very positive perception of the City. City Services is higher in Schertz than other Communities. The top Community priorities are traffic, road repair /maintenance /expansion, planning for rapid growth, and parks and recreation programs. Mr. Morado addressed questions /comments from Council. Mayor Carpenter moved to the Discussion and Action items and to item 10. 10. Ordinance No. 17 -A -08 — Consideration and/or action approving an Ordinance regarding the annexation of approximately 63 -acres of land located about 600 feet north of I -10 at 7424 Trainer Hale Road, Bexar County, Texas. First Reading (B. James /L. Wood/C. Gould) ORDINANCE NO. 17 -A -08 AN ORDINA Y THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERT , TEXAS BY THE ANNEXATION OF APPROXIMATELY 63 ACRES LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 600 FEET NORTH OF I -10, BEXAR COUNTY, TEXAS. Mayor Carpenter recognized Planner I Channary Gould who stated annexation is the act of incorporating land into the City. Annexation of land into the City's corporate limits may be voluntary or involuntary. Each type has Local Government Code requirements that identifies the necessary process based on the annexation type. The City's Unified Development Code (UDC) Section 21.4.8 includes provisions that apply to requests for voluntary annexation 2 -07 -2017 Minutes page - 5 - meeting certain criteria. Cibolo Creek Municipal Authority (CCMA) submitted a petition for voluntary annexation to the City of Schertz for an approximate 63 acre tract of land. The subject property is located approximately 600 feet north of I -10 and is located in Bexar County Texas, at 7424 Trainer Hale Road. Currently, the subject property is in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and within the Schertz - Cibolo- Universal Independent School District boundaries. City Council accepted CCMA's petition for voluntary annexation of the subject site and adopted Resolution 16 -R -92 on December 13, 2016, which initiated the process to annex and zone the property. A separate zoning request is being processed concurrent with this proposed annexation case. CCMA is planning on constructing a waste water treatment plant on the subject property. In 2014, CCMA requested annexation of approximately 69 acres of land located immediately north of the subject property. The City annexed the property in 2015 by Ordinance 15 -A -01 and zoned the site Public Use District. CCMA intends to u the approximate 69 acre site as a natural buffer. In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through interlocal agreement the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection and sewer service. Water service is provided by Green Valley Special Utility District. Staff recommends approval of Ordinance 17 -A -08 annexing the subject site into the City corporate limits. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 17 -A -08 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. ❑PH 11. Ordinance No. 17 -S -09 — Conduct a public hearing and consideration and /or action approving an Ordinance to zone approximately 63 acres of land to Public Use District (PUB), located about 600 feet north of I -10 at 7424 Trainer Hale Road, Bexar County, Texas. First Reading (B. James /L. Wood /C. Gould) MAL ORDINANCE NO. 17 -S -09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 63 ACRES OF LAND TO PUBLIC USE DISTRICT (PUB). Mayor Carpenter recognized Planner I Channary Gould who stated the applicant is requesting to zone approximately 63 acres of land located at 7424 Trainer Hale Road approximately 600 feet north of Interstate 10 to Public Use District (PUB). Public Use District (PUB) is intended to identify and provide for land owned or may be owned by the City, County, State or Federal 2 -07 -2017 Minutes page - 6 - Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by Cibolo Creek Municipal Authority who has indicated their desire to voluntary annex the property and develop a municipal wastewater treatment plant at this location. The public hearing notice was published in The San Antonio Express News on January 18, 2017. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on December 30, 2016. At the time of this report being prepared, staff has not received any responses. Staff reviewed the request for conformance with the Comprehensive Land Use Plan. The Plan designates the subject property for Agricultural Residential which is intended to preserve the rural /agriculture state to include large lot residential and related commercial uses permitted such as: landscaping business, metal workshop, farmers market, convenience store, etc. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change supports the goal to ensure adequate development of public facilities as well as upgrade public facilities and services in order to meet the challenges of growth. • Impact of Infrastructure: The proposed zone change will have a large impact on the wastewater infrastructure system by providing additional capacity for community growth. • Impact of Public Facilities /Services: The proposed rezoning request should have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan. The zoning request has been reviewed by staff and determined to be in general conformance with the Comprehensive Land Use Plan, particularly due to the proposed construction of a waste water treatment facility that will ensure quality of life and improve service for our growing community. The Planning and Zoning Commission conducted the public hearing on January 11, 2017 and offered a recommendation of approval with a 5 -0 vote and one abstention. Staff recommends approval of Ordinance 17 -5 -09 to zone the subject property to Public Use District (PUB). Mayor Carpenter opened the public hearing and recognized the following: Mr. Clint Ellis, General Manager for Cibolo Creek Municipal Authority (CCMA), who stated that staff presented this item in detail and conveyed what they are trying to accomplish, he also stated he was here this evening to answer any questions Council may have. 2 -07 -2017 Minutes page - 7 - • Ms. Abigale Kyper, 3601 Blakely Street, who addressed the Council regarding possible odor issues and how they may affect the kids who attend the Founders Academy School. As no one else spoke Mayor Carpenter closed the public hearing for Council comments. Mr. Ellis and staff provided information regarding the timeline of the project and addressed the concerns of possible odors. Members of Council also addressed questions. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 17 -5 -09 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter moved back to the Workshop portion of X a. Workshop • Discussion regarding the Northcliffe Golf Course and its current and future sta . (J. Kessel) Mayor Carpenter stated since this item was placed on the agenda we met with Mr. Roberts and he has taken over interim lease ownership in running the golf course. There are some ownership people who have come to the table and are interested in guiding it into the future. He is hoping maybe in the future the council /city will even consider taking possession of the golf course itself. The golf course has been here 40 years and has a lot of history; he can't see it closing. To keep it open would be a win /win situation. Mayor Carpenter said he spoke with Mr. Roberts this afternoon and they have already had discussions on how the City can maybe support him and his efforts or a future owner. He said he would like to see the golf course remain in place as an 18 -hole golf course and privately owned -- this would be an ideal situation. The mayor opened the discussion up for council comments and questions. Councilmember Larson thanked Mr. Roberts for his leadership in this situation and concurred with the Mayor in supporting the efforts to keep the golf course open and remain intact. Coin ember Crawford inquired as to the status of the current ownership. Mr. Roberts said as of February 1, the owner was going to close it. Mr. Roberts bought the owners management company who operates it. It is a rollover lease month by month so if a new owner does come forward, he can step aside. The owners and potential owners they are bringing to the table are all pro Dave Roberts since he took it in 2010 from sandy greens and nobody there to about 47,000 players in 2014 and 2015. Currently, he has possession and everything is under his name. He doesn't own the property though. Mayor Carpenter reiterated that Mr. Roberts came earlier to visit with himself, City Manager John Kessel and Executive Director Dudley Wait and others. They have committed to maintaining communication and being available to see what they can do to help Mr. Roberts be successful or any other private successor. 2 -07 -2017 Minutes Page - 8 - Mr. Roberts stated he wanted to remind council the reason they are on the agenda is to ensure they stay an 18 -hole golf course and not a 9 -hole (short) golf course. He restated he will have available any data they wish to see regarding the daily activity at the golf course. Mayor Carpenter moved back to the discussion section of the agenda, agenda item 9. Discussion and Action Items 9. Ordinance No. 17 -S -07 - Conduct a public hearing and consideration and /or action approving PH an Ordinance to rezone 611 & 615 Main Street, approximately 1 acre of land, from Single Family Residential District (R -2) to Main Street Mixed Use District (MSMU). First Reading (B. James /L. Wood/E. Grobe) A ORDINANCE NO. 17 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF RTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APP TELY 1 ACRE OF LAND FROM SINGLE - FAMILY RESIDENTIAL DIST , (R -2) TO MAIN STREET MIXED USE DISTRICT (MSMU). Mayor Carpenter recognized Planner I Emily Grobe who stated Guadalupe Del Toro, the property owner, is requesting to rezone approximately 1 acre of land from Single - Family Residential District (R -2) to Main Street Mixed Use District (MSMU). The property has a commercial building that is currently unoccupied. The public hearing notice was publishein'ltrhe San Express News on January 18, 2017. Twenty (20) public hearing notices were mailed ?Pnio surrounding property owners within two hundred (200) feet of the subject property on December 30, 2016, prior to the Planning & Zoning Commission meeting that took place on December 14, 2016. At the time of this report being prepared, Staff has received one (1) response in favor and zero (0) responses opposed, or neutral to the request. The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown Schertz are to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed Use District (MSMU) was created to help achieve these objectives and is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints in the Main Street area. 0 Comprehensive Land Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. The proposed zone change will provide for either single family or low intensity commercial occupancy. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. 2 -07 -2017 Minutes page - 9 - • Impact on Public Facilities /Services: The proposed rezoning request should have no impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by single family land uses. The Main Street Mixed -Use District (MSMU) will allow for either low intensity commercial or single - family residential uses. The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatibl with the surrounding land uses. The applicant is proposing to rezone the property for the current Single- Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU), to allow for low intensity commercial land uses that are permitted in the Main Street Mixed Use District (MSMU). Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. The Planning and Zoning Commission conducted the public hearing on January 11, 2017 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of the rezoning request based on compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. No Council comments were provided. or Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Crawford to approve Ordinance No. 17 -S -07 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter moved to agenda item 6. 6. Resolution No. 17 -R -04 — Consideration and /or action approving a Resolution authorizing a program and expenditures as provided for in the Economic Development Incentive Agreement between the City of Schertz Texas Economic Development Corporation and Texas Plumbing Supply Company, Incorporated. (J. Kessel /K. Kinateder) RESOLUTION NO. 17 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF SCHERTZ TEXAS ECONOMIC DEVELOPMENT CORPORATION AND 2 -07 -2017 Minutes Page - 10 - TEXAS PLUMBING SUPPLY COMPANY, INCORPORATED; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Economic Development Kyle Kinateder who stated Texas Plumbing Supply Company, Inc. (TPS) is a veteran -owned and family - operated independent wholesale plumbing distributor established in 1962. They employ more than 70 employees serving contractors throughout the State of Texas with locations in Houston, Brenham and Round Rock. TPS serves both commercial and residential customers. TPS seeks to establish operations in Schertz and utilize an economic development incentive to help offset costs associated with developing the site. As part of the economic development agreement, TPS must commence operations at an approximately 35,000 square foot facility being constructed in the Vestal Subdivision during the 2017 calendar year. The facility will create at least $4.5 million in new taxable value. TPS will create at least 10 full -time jobs and an annual payroll of at least $407,000. In consideration, TPS will receive an $112,500 grant upon receipt of the Certificate of Occupancy and commencement of operations in Schertz. In addition, TPS must certify annual their compliance to the terms on of the agreement for a period of five years. If TPS defaults on the agreement, they will be required to repay the grant plus interest. The $112,500 grant will be paid using SEDC Development Incentive funds which has a current account balance of $500,000. The grant will be paid to TPS once they have met the requirements outlined in the agreement. The SEDC Board of Directors met on January 26, 2017 at their regular board meeting to consider, discuss and act on the Economic Development Incentive Agreement with Texas Plumbing Supply Company, a motion was made by Mr. Paul Macaluso; seconded by Mr. Gary Howell to recommend approval of the program and expenditures to the City Council and to authorize the Board President to execute the agreement after Council's authorization. The motion passed unanimously. Staff recommends that the City Council authorize the program and expenditures as listed in the Agreement. Mr. Kinateder addressed questions from Council. & 'V, Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 17 -R -04. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter moved to back to the workshop section of the agenda. Workshop • Discussion regarding City Events and Festivals. (S. Gonzalez /L. Klepper/M. Spence /L. Shrum) Mayor Carpenter recognized Public Affairs Director Linda Klepper and Events Manager Mary Spence who provided a Power Point presentation with the following highlights: 2 -07 -2017 Minutes page - 11 - 2017 Events Update — (Transitioning Events from the Parks & Recreation Foundation • Bottom Line upfront - Focus on the why & what's important: Jubilee — Fireworks, Parade, Carnival - SchertzFest — Carnival and BBQ • Provide local community events that Schertz residents can enjoy • Breakeven on budget - Balance Revenues and Expenses Whether you are walking to raise funds for cancer research, taking part in a fundraising golf tournament, celebrating freedom and liberty or enjoying the holiday cheer, you can ALWAYS count on Schertz to provide a great event. The City is proud to host and co -host 5 large events throughout the calendar year: Wilenchik Walk for Life, Jazz N' Blues in the Park, 4th of July Jubilee, SchertzFest and Festival of Angels. The City of Schertz has a long history of hosting events that make everyone feel welcome. From Jazz N' Blues in the Park to the long- tenured Jubilee Celebration, generations have come to expect a friendly atmosphere, great entertainment, community participation and a good time for all! Since 2009 the City of Schertz and the Parks & Recreation Foundation has hosted 2 Jazz N' Blues in the Park, 8 Jubilee and ertzFest events. With the group no longer active, the events come to the City for executio Events Background • Foundation Support — 9 Volunteer Board Members: provide direction for events, support for events execution (set -up) clean -up, alcohol sales, etc. • Dedicated Professional Support — 2 Full Time Positions: Events Manager, Events Specialist • 2016 City Staff Support — 1,577 total hours: Jubilee 933 staff hours, SchertzFest 593 staff hours, Jazz n' Blues in Park 51 staff hours • 2016 Non - Exempt Staff cost to City: ($30,696) • 2016 HOT Fund Contributions: ($48,000) Hot funds incorporated into the revenues for the events — Foundation applied for and received them. 4th o Jubilee Ir Why we have it: Jubilee — Jubilee was created for the celebration of our nations independence and has been held in Schertz for 41 years. Key Elements: Fireworks, Parade, Multi -day carnival. Other Elements: Food/Craft /Business vendors, Live Music, Freedom Run 5K. 2016 Event Cost • Total Revenues: $113,900 • Total Expenses: $ 97,500 Event Profit /loss prior to staff expense /reimbursement: $ 16,400 Total hours worked by City staff approx. Exempt: 208.50 hours Non - Exempt: 725.29 hours 2 -07 -2017 Minutes Page - 12 - (based on average OT wage of $33.35/hr) ($24,188) Foundation Reimbursement for Public Safety: $ 4,500 Net cost to the City: $ 19,688 Overall Event Profit/loss — approx.: ($ 3,288) Citizen survey results show that in 2016 approximately 37% of residents attended the Jubilee. SchertzFest Why we have it — SchertzFest was created in 2008 to celebrate the City's 501h anniversary. Key Elements: Sanctioned BBQ Cook -Off, (added 2009), Multi -day carnival, live music. Other Elements: Food/Craft/Business vendors, Family Fun Zone. 2016 Event Cost • Total Revenues: $107,000 • Total Expenses: $108,380 Event Profit /loss prior to staff expense /r ' ursement: $ 1,380 Total hours worked by City staff app Exempt: 133 hours Non - Exempt: 460 hours (based on average OT wage of $33.35/hr) ($15,341) Foundation Reimbursement for Public Safety: $ 49500 Net cost to the City: 10 841 Overall Event Profit/loss — approx.: ($129221) Citizen survey results show that in 2016 approximately 28% of residents attended the Jubilee. Jazz n'Blues in the park Why we have it — Rounds out one event per quarter and appeals to a specific music genre. Key Elements: Live Music. Other Elements: Food Vendors, Car Show 2016 Event Cost • Total Revenues: $ 12,400 • Total Expenses: $ 11,560 Event Profit /loss prior to staff expense /reimbursement: $ 840 Total hours worked by City staff approx. Exempt: 16 hours Non - Exempt: 35 hours (based on average OT wage of $33.35/hr) ($ 1,167) Foundation Reimbursement for Public Safety: $ 4,500 Net cost to the City: $ 1,167 Overall Event Profit/loss — approx.: ($ 327) Absolute Jazz was originally created and hosted by Schertz EDC in 2009 and 2010. The event was not held in 2011 -2013. City resurrected Absolute Jazz with the hope of creating an official Fiesta event in 2014. In 2015, Foundation took over the event and renamed it with the goal of appealing to a certain group of people. 2017 Recommendations 2 -07 -2017 Minutes page - 13 - Overall Intent: Focus on Fundamentals and Don't Overcommit Jazz N' Blues: Discontinue event — Elements from this event will be incorporated into the Music & Movies in the Park series and rebranded SchertzFest Jubilee: One day event - July 4 only — Focus on key elements: Fireworks Parade Carnival Live music Food Vendors Beer & wine (if possible) SchertzFest: Rebrand and grow the BBQ C BBQ Tasting Craft Beer Tasting (if possible) Food Vendors Live Music (Blues) Car Show BBQ Expo Wk July 3rd — low turnout — need to focus these resources to the Music in the Park series as better value to our citizens. SchertzFest — redefine the "WHY" focus efforts in the BBQ area. Summary N^ I • Focus on the why and what's important' Provide local community events that Schertz residents can enjoy • Breakeven on budget • Evaluate Jul 4 holiday time off for staff -19% Mayor Carpenter recognized City Manager John Kessel who stated that he wanted feedback regarding the idea to trade off the 4th of July Holiday to Essentially we would trade two holidays. Mayor Carpenter reco zed Councilmember Gutierrez staff hours. adding time off for Columbus Day. who addressed questions regarding Mayor Pro -Tem Edwards asked why are we cutting days, there are organizations in town that would love to volunteer at the events, maybe we can get volunteers signed up during our Community Volunteer Fair. Staff provided clarity regarding the proposed days stating that they are not losing event time. Councilmember Thompson stated that The Chamber could advertise for volunteers for our city events; there are several businesses in Schertz who he believes would be willing to serve as volunteers. 2 -07 -2017 Minutes Page - 14 - Councilmember Crawford addressed the question regarding could we put something in place to replace the foundation. For clarity, City Manager John Kessel stated that as has been practice the events staff have already been running and scheduling all the city events. Mayor Carpenter spoke regarding the trading of the holidays, saying he would like to see July 5th as an employee holiday. Mayor and Council continued with their thoughts and comments and look forward to what the staff comes up with as a retool. Staff indicated that they will be back to council at a future day once they rework the city events. Mayor Carpenter moved to consent agenda items. Consent Agenda Items 40e 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 regarg the approval of the minutes of the Special Meeting of January 20, 2017 and the Regular Meeting of January 24, 2017 (J. Kessel /B. Dennis) 2. Boards, Commissions and Committee Member Appointments — Consideration and/or action ratifying the appointment of Mr. Roland Perry as a Regular Member to the Transportation Safety Advisory Commission and the appointments of Ms. Lisa Locken as an Alternate Member to the Parks and Recreation Advisory Board and ratifying the appointments of Councilmember Cedric Edwards, Ms. Susan Beck, Ms. Reginna Agee and Mr. Jim Fowler to the 2017 Hal Baldwin Scholarship Committee. (B. Dennis /Mayor /Council) 3. City Council Liaison Appointments — Consideration and/or action ratifying the appointment of Council Member Mark Davis as a Council Liaison to the Schertz Housing Authority Board, the appointment of Council Member Angelina Kiser as a Council Liaison to the Schertz Animal Services Advisory Commission, the appointment of Council Member Bert Crawford as a Council Liaison to the Schertz - Seguin Local Government Corporation and the appointment of Council Member Mark Davis, and Council Member Bert Crawford to the Interview Committee for Boards and Commissions. (Mayor /Council) 4. Ordina ce No. 17 -T -05 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to fund the purchase of Smart Messaging Trailers. Final Reading (D. Wait /M. Hansen/M. Carey) ORDINANCE NO. 17 -T -05 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND THE PURCHASE OF SMART MESSAGING TRAILERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 2 -07 -2017 Minutes page -15 - 5. Resolution No. 17 -R -02 — Consideration and/or action approving a Resolution appointing members to the Alamo Area Council of Governments Regional Emergency Preparedness Advisory Committee (REPAC). (D. Wait /K. Long /C. Meeks) RESOLUTION NO. 17 -R -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING MEMBERS TO THE ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL EMERGENCY PREPAREDNESS ADVISORY COMMITTEE AND OTHER MATTERS IN CONNECTION THEREWITH AL 14. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve the consent agenda items 1 -5. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Discussion and Action Items 7. Resolution No. 17 -R -05 — Consideration and/or action approving a Resolution authorizing contracts with Ford Engineering, Inc., totaling no more than $162,000, for the design of the Schertz Parkway Improvement project and various separate and unrelated engineering services during the 2016 -2017 Fiscal Year. (B. James /K. Woodlee /L. Busch) RESOLUTION NO. 17 -R -05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CONTRACTS WITH FORD ENGINEERING, INC., TOTALING NO MORE THAN $162,000, FOR THE DESIGN OF THE SCHERTZ PARKWAY IMPROVEMENT PROJECT AND VARIOUS SEPARATE AND UNRELATED ENGINEERING SERVICES DURING THE 2016 -2017 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH ­"Iq Mayor Carpenter recognized Storm Water Manager Larry Busch who stated Ford Engineering, Inc., (FEI) was awarded a three -year agreement for On -Call Engineering Services via Resolution 14 -R -55. The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. The City has several projects coming up (outlined below) for which professional engineering services will be required, and FEI is qualified to provide such services. In addition to the known projects, the Engineering and Public Works Departments have a periodic need for engineering and/or surveying services with very limited scope. It is desired that Staff have the ability to request consulting services to be provided and invoiced on an hourly basis as needed. Staff wishes to contract with Ford for the following projects: Proposed Pro'ects Amount Schertz Parkway Engineering $61,095 Corbett Elevated Water Storage Tank (additional services) $12,875 2 -07 -2017 Minutes Page - 16 - Engineering Services related to Elevated Storage Tank Painting $38,030 Miscellaneous Tasks $50,000 The total of known, proposed projects equals $112,000. Staff is requesting approval for expenditures totaling no more than $162,000 to allow for the City to contract with FEI for the known proposed projects and to have the ability to contract with Ford for up to an additional $50,000 for unexpected minor consulting tasks that may arise during this fiscal year. Any currently unknown tasks that exceed current budget amounts will be appropriately funded and proper procedures for any necessary budget adjustments will be f ed prior to any work being authorized. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if it is possible to look at the addition of dedicated right turn lanes on Live Oak Road and Schertz Parkway. Comments were provided regarding the need. Mayor Carpenter cautioned Council that what they are speaking about is not on the agenda. He would have Mayor Pro -Tem Edwards speak to Mr. James and maybe we can have a future agenda item to discuss this. Mayor Carpenter recognized Councilmember Crawford who moved, econded by Councilmember Gutierrez to approve Resolution No. 17 -R -05. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 8. Resolution No. 17 -R -08 — Consideration and /or action approving a Resolution authorizing the City Manager to negotiate for the purchase of land for Fire Station 3. (D. Wait) RESOLUTI A RESOLUTION BY THE CITY C( AUTHORIZING THE CITY MANA OF LAND FOR THE APPROPRIATI . 17 -R -08 OF THE CITY OF SCHERTZ, TEXAS 'NEGOTIATE FOR THE PURCHASE MENT OF FIRE STATION THREE. Mayor Carpenter recognized Executive Ilirector Dudley Wait who stated in early 2015, as a part of the City's Facility Master Plan, a study was conducted to determine a costing program for Fire Station 3 and to determine the most appropriate location to provide the greatest enhancement to overall response times. The site location analysis recommendation came from the ISO Based Fire Station Location study performed by Mr. Mike Pietsch, P.E., a sub - consultant of Facilities Master Plan consultant WHJ Architects who did the programing and costing estimates. The ISO study identified the preferred locations of future fire stations, the probable sequence of construction, and three possible locations to be evaluated within the general location of the next station to be constructed (FS #3). As part of the ISO study, Mr. Pietsch, P.E. evaluated three different parcels of land on a variety of factors including site layout, utility accessibility and availability, drainage and flooding issues, emergency travel routes, and options for safely entering into normal traffic. 2 -07 -2017 Minutes page -17 - The preferred site identified in this review would allow multiple options for site layout, had all utilities on site or across the street, no flooding concerns and allowed for emergency response vehicles to enter traffic several hundred feet before encountering F.M. 1518. In preparing for the purchase of this land, the City has obtained an appraisal to guide the overall negotiation process. After the financing for Fire Station 3 was approved by the voters in November 2015, work began on selecting an architectural firm and a preliminary design was developed. This has been accomplished and we are prepared to move forward in acquiring the land for this new building. Staff is seeking authorization from the City Council to negotiate a final location and price for the location of Fire Station #3. If so authorized, Staff would send an offer letter to the property owner seeking to reach agreement on the purchase of a particular tract of land at a particular price. If accepted by the property owner, the City would then enter a due diligence period where we would prepare an exact survey, perform an environmental phase 1 evaluation, and perform initial Geo -Tech testing of the soils in order to reach a final agreement on the purchase of the property. Therefore, staff is seeking authorization to negotiate the purchase of approximately 4.5 acres land on the north side of Lower Seguin Road approximately 1,200 feet west of F.M. 1518 with a general value conforming to an appraised value for land by a certified land appraiser conforming to the Uniform Standards of Professional Appraisal Practice and Title XI Regulations and related standards. The construction of Fire Station 3 will improve the overall response capabilities of Schertz Fire /Rescue. This will be most notable in areas of Schertz south of F.M. 78, but this addition will improve responses all across the City. The land we are proposing to purchase will place this new station in a location that will maximize the exposure to our citizens and will allow for safe ingress and egress for years to come. City staff recommends that City Council approve Resolution 17 — R — 08 authorizing the City Manager to enter into negotiations to purchase approximately 4.5 acres of land on the north side of Lower Seguin Road and west of F.M. 1518 as the site for Fire Station 3. Once a price has been agreed upon and due diligence is completed, staff will return to Council to approve the purchase of the actual land site. Based upon the appraisal recently completed, we anticipate the purchase price to be within the scope of the budget. These funds will come from funding identified within the TIRZ agreement or from the voter approved GO bonds for Fire Station 3. Staff recommends approval. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -08. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 2 -07 -2017 Minutes page - 18 - Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 -11. 15. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Ordinance No. 17 -S -01 — Consideration and/or action approving an amendment to the Crossvine PDD (Ordinance 14 -S -08) in order to incorporate a new Garden Home configuration in Module IIA, along with new street cross - sections and other associated development standards. The property is approximately 375 acres of land located at the intersection of Lower Seguin Road and FM 1518. Final reading will be heard on February 28, 2017. ilirl iqiii� Mayor Carpenter moved at 8:48 p.m. into the Council Chambers Conference for agenda item 16. 16. Councilmember Orientation- Information and discussion regarding lic Safety Overview (Fire Station 3, Regional EMS Provider,- Code En orcement and Environmental Health. Mayor Carpenter recognized Marshal Michael Harris who introduced Environmental Health Manager Jesse Hamilton who provided a Power Point presentation regarding the duties of the Code Enforcement and Environmental Health Department. Mr. Hamilton addressed questions from the Council. Mayor Carpenter `recognized Assistant Fire Chief Kade Long who provided a Power Point presentation regarding the overview of the proposed new Fire Station #3. Chief Long addressed questions from Council. Mayor Carpenter recognized EMS Director Jason Mabbitt who provided a Power Point Presentation regarding the EMS Department. Mr. Mabbitt addressed questions from Council. Executive Session Mayor Carpenter recessed the lar meeting at 9:53 p.m. into executive session under the following section: 17. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Reconvene into Regular Session Mayor Carpenter reconvened back into regular session at 11:16 p.m. 17a. Take any action based on discussions held in closed session under Agenda Item 17 including possible increase in salary. 2 -07 -2017 Minutes page - 19 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to give the City Secretary a 3% pay increase effective immediately. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter thanked Ms. Dennis stating they are glad to have her with us for at least another year, make it five. Requests and Announcements 12. Announcements by City Manager. 13 No further announcements were made. Future Agenda Item Request for City Council: ?his 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 Davis who stated that with our discussion tonight with the future of our City Events there is another part that we are losing since the Parks & Recreation Foundation dissolved that he would like to talk about. With the Foundation being a 501 -C organization they had the ability to accept donations and other things for the benefit of the parks throughout the city. With losing them can we get some research done and feedback on what avenues exist now for the ability for other organizations to donate to the city and how would that work out. He indicated that it didn't need to be done soon, but would like staff to research this and bring the information back to the Council at a later date. Mr. James stated that the Library accepts donations and Mr. Kessel stated that the City is a non -profit organization but that they would provide the information. Mayor Carpenter recognized Councilmember Crawford who stated as an add on to Councilmember Davis comment could we talk about bringing in food trucks could be set up and available at our 4th July and SchertzFest events. Mr. James asked that he get with him to discuss to get his thoughts. Councilmember Crawford requested an executive session item to discuss employee matters and personnel things. City Attorney Charles Zech stated that you can't go into executive session to just discuss general personnel issues. There is no authority for that. Any general personnel issues have to be discussed in open session. If you have a specific employee in mind, you can discuss that specific employee but then of course they have the right to request that discussion be in open session. Councilmember Crawford withdrew his comment for now. City Manager John Kessel stated that perhaps he and Councilmember Crawford could have a conversation to better understand the situation. 2 -07 -2017 Minutes Page - 20 - 14. 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 Mayor Carpenter recognized Councilmember Gutierrez who Wire Ribbon Cutting a couple of weeks ago; it was a great Schertz. Roll Call Vote Confirmation he attended the Major i great for the City of City Secretary Brenda Dennis provided the roll call vote confirmation regarding agenda item 17A. Adiournment Mayor Carpenter adjourned the meeting at 11:22 p.m. arpenter, Mayor ATTEST: Brenda Dennis, City S 2 -07 -2017 Minutes Page - 21- Agenda No.2 CITY COUNCIL MEMORANDUM City Council Meeting: February 14, 2017 Department: Subject: BACKGROUND City Secretary Boards, Commissions and Committee Member Appointments and Resignations The City Secretary's Department recently received a resignation notice from Ms. Mireille Ferdinand - Hercule from the Economic Development Corporation and a resignation from Mr. Dave Reynolds from the Committee of Committee Advisory Board. On February 7, 2017 Council appointed the following members to the Hal Baldwin Scholarship Committee: Cedric Edwards, Susan Beck, Reginna Agee and Jim Fowler. Upon further review, it was brought to staff's attention that Mr. Don Taylor had also expressed interest in serving on the committee. FISCAL IMPACT None RECOMMENDATION Staff recommends ratifying the resignation of Ms. Mireille Ferdinand - Hercule and ratifying the appointment of Mr. Don Taylor to the 2017 Hal Baldwin Scholarship Committee. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: February 14, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -S -07 — Consideration and/or action approving an Ordinance to rezone 611 & 615 Main Street, approximately 1 acre of land, from Single Family Residential District (R -2) to Main Street Mixed Use District (MSMU). (Final Reading) BACKGROUND Guadalupe DelToro, the property owner, is requesting to rezone approximately 1 acre of land from Single - Family Residential District (R -2) to Main Street Mixed Use District (MSMU). The property has a commercial building that is currently unoccupied. The public hearing notice was published in the San Antonio Express News on January 18, 2017. Twenty (20) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on December 30, 2016, prior to the Planning & Zoning Commission meeting that took place on January 11, 2017. At the time of this report being prepared, Staff has received one (1) response in favor and zero (0) responses opposed, or neutral to the request. City Council approved this on first reading at their meeting of February 7, 2017. Goal Guadalupe DelToro is requesting to rezone approximately 1 acre of land located at 611 & 615 Main Street from Single - Family Residential District (R -2) to Main Street Mixed Use District (MSMU). Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown Schertz are to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed Use District (MSMU) was created to help achieve these objectives and is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints in the Main Street area. • Comprehensive Land Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. The proposed zone change will provide for either single family or low intensity commercial occupancy. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. • Impact on Public Facilities /Services: The proposed rezoning request should have no impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by single family land uses. The Main Street Mixed -Use District (MSMU) will allow for either low intensity commercial or single - family residential uses. The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The applicant is proposing to rezone the property for the current Single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU), to allow for low intensity commercial land uses that are permitted in the Main Street Mixed Use District (MSMU). Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. FISCAL IMPACT None City Council Memorandum Page 3 RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on January 11, 2017 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of final reading of Ordinance No. 17 -S -074- regarding rezoning request based on compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. ATTACHMENT Ordinance No. 17 -S -07 P &Z Staff Report ORDINANCE NO. 17 -S -07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1 ACRE OF LAND FROM SINGLE - FAMILY RESIDENTIAL DISTRICT, (R -2) TO MAIN STREET MIXED USE DISTRICT (MSMU). WHEREAS, an application to rezone approximately 1 acre of land generally located 290 feet northeast of the intersection of Main Street and Randolph Ave, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on January 11, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on February 07, 2017 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Main Street Mixed Use District (MSMU). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7th day of February, 2017. PASSED, APPROVED AND ADOPTED on final reading the 14th day of February, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" A certain tract of land situated in Guadalupe County, Texas, which is more fully described as follows; TBEGINNINO at an iron pin set- on the new north right -of- way line of Main surest, said point aloo being the present: southwest corner of the Willie L. Ebert tract, as recorded. in Volume 191, Page 501, Deed Records of Guadalupe County, Texas; 171ENCE South 5 +7° 001 West alone tha new north right -of --gray ling: of Main Street, a distance Of 95.00 feet to an iron pin scat for the Bouthwest corner of this tract; THENCE North Soo 1 ,9' West along the east line of the Mrs. Dora zthOdes tract as recordod in volume 2,11, Pago 360, Deed Records of Guadalupe County, Texas, a distance of 11F -.00 feat tO an irc" pin cut for the northwest corner of this tractr THENCE Nlorth 600 00' Eant a distance of 95.60 feet to are iron pin set for the northeast corner of this tract; TRENCE south 30" 19' East along the west line of the ahove nentioned 'Millie Ebert tract, a distance of 116.53 feet to the Point of M- 91nnInci .end. containing 11,070.18 square feet. of land. t . Exhibit B "The Property" T m m soft 66066, W n off $test b d CD a P, rc a 4 N a ti9N c pppppp" r--i ZD rl Cl) CV � N (V co Q o V} CD C �A L � LL CD- N U y o r #! CD [V SCHIERT Z OCOMMUNITY PPORTUNITY PLANNING AND ZONING COMMISSION MEETING: January 11, 2017 Public Hearing Agenda Item — 5A It3 PREPARED BY: CASE Planning and Zoning Commission Emily Grobe, Planner ZC2016 -014 — 611 & 615 Main Street - Zoning SUBJECT: Hold a public hearing, consider and make a recommendation to City Council on a request to rezone 611 & 615 Main Street, approximately 1 acre of land, from Single - Family Residential District (R -2) to Main Street Mixed Use District (MSMU). GENERAL INFORMATION: Owner/ Applicant: Guadalupe DelToro APPLICATION SUBMITTAL DATE: December 13, 2016 (Original Application) PUBLIC NOTICE: Twenty (20) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on December 30, 2016 with a public hearing notice to be published in "San Antonio Express" and the "Herald" prior to the City Council public hearing. At the time of this staff report zero (0) response in favor or opposed have been received. ITEM SUMMARY: The applicant is proposing to rezone approximately 1 acre of land from Single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU). The property is located at 815 Main Street. The site has an office building that is currently unoccupied. LAND USES AND ZONING: Zoning Land Use Existing Single - Family Residential District - 2 (R -2) Vacant Proposed Main Street Mixed Use District (MSMU) Commercial Adjacent Properties: Zoning Land Use North South Single - Family Residential District - 2 (R -2) Right -of -way Single Family Main Street East West Single - Family Residential District - 2 (R -2) Single - Family Residential District - 2 (R -2) Single Family Single Family GENERAL LOCATION AND SITE DESCRIPTION: The subject property is generally located 290 feet northeast of the intersection of Main Street and Randolph Ave. The site is currently designed to be used as an office building, but is unoccupied. PROPOSED ZONING: The request is to rezone approximately 1 acre of land from Single - Family Residential District(R -2) to Main Street Mixed Use District (MSMU) in order to allow a commercial use. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown Schertz are to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed -Use District (MSMU) was created to help achieve these objectives. The Main Street Mixed -Use District (MSMU) is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for either single family or low intensity commercial occupancy. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request will have a no impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Ad'lacent Land Uses: The subject property is currently surrounded by single family land uses. The Main Street Mixed -Use District (MSMU) will allow for either low intensity commercial or single - family residential. STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The applicant is proposing to rezone the property for the current single - Family Residential District -2 (R -2) to Main Street Mixed Use District (MSMU), to allow for low intensity commercial land uses that are permitted in the Main Street Mixed Use District (MSMU). Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. 2 Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is making a recommendation to City Council on the propose zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section 21.5.4 D. Attachments: Public Hearing Notice Map Exhibit Property Survey \� ,Q � r m9 c 0 o �N , i� a fC� �o2C> Ft ms's y9 0Q 9 p� ZG� GF �y >9ZG°a ,p Gip d 9G F V � �Gtn PJ OV �t O 3oti!P �61 u'aaC9G 2 ° N� uu�9ZC G 2j G � N 6J' � s a� 6'p -6, Z, O i�l 1p � A A 7752 �2i9 G° >� 2 0 s s92 N so N� s� j14,9'Z JA 0 0 Z, Q TD X92 %Np 55CC]HI]C]R��7L F� N �.. ��c COMMUNITY* SERVICE *OPPORTUNITY 'P Rln P W <�� -E s S P W w R-2 IL 7zpv`` R-2 R-2 �Gl B O xw� =0 CHIE RTZ COMMUNITY* SERVICE* OPPORTUNITY rvry ft N kNh, R-2 R--,A R-2 R-2 4v "0P1`--4 Z aN e O Z eN N B Z " eN N Z Ey eN e N 9! �M14W Z d aN e N 4W Z EkeN e N • Z d A e N 4w Z RTEW g e N 4W Z EcaN e N OW Z EpeN e N GB4=� Z aN N 9 N N 611/615 Main Steet z" ftki N 4\A N z z Phfknn-hW" f R-2 Z aN Z aN N N 4W Z aN N N Z aN N N N Z A N 4� Z Ek�N N N 4M Z A N 4W Z A N N 4W Z 6 aN 9 a OW Z EkaN 9 a \\ Z A w 9 N "I N w E It-F7— s h pn i nh I hh �1 t,Y V 4 :) ag QIAy v i =SOH r' r u i �® p o N J rd u i � \ a ri 111'rrrn F 1�j1 m �� ■� ®z� p IZK- U. O d p a s ! a C CI M i U J a sa o Q p 0 .. C u n Z si a C �s o sill `r1 iii t� JL 3 ` rC d U O y1 4 O a J. V dr y� ! ► s � � ! ® e 1V R, lk 4 �1 v � M Sli uz wZ z w � Q � w> W z � ¢ z Z a z j U, J d fa x IAJ a, • '1�, f .3 II� �1 t,Y V 4 :) ag QIAy v i =SOH r' r u i �® p o N J rd u i � \ a ri 111'rrrn F 1�j1 m �� ■� ®z� p IZK- U. O d p a s ! a C CI M i U J a sa o Q p 0 .. C u n Z si a C �s o sill `r1 iii t� JL 3 ` rC d U O y1 4 O a J. V dr y� ! ► s � � ! ® e 1V R, lk 4 �1 v � M Sli uz wZ z w � Q � w> W z � ¢ z Z a z j U, J d fa x IAJ a, • '1�, f .3 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: February 14, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -A -08 — Consideration and/or action approving an Ordinance regarding the annexation of approximately 63 acres of land, located about 600 feet north of I -10 at 7424 Trainer Hale Road, Bexar County, Texas. (Final Reading) BACKGROUND Annexation is the act of incorporating land into the City. Annexation of land into the City's corporate limits may be voluntary or involuntary. Each type has Local Government Code requirements that identifies the necessary process based on the annexation type. The City's Unified Development Code (UDC) Section 21.4.8 includes provisions that apply to requests for voluntary annexation meeting certain criteria. Cibolo Creek Municipal Authority (CCMA) submitted a petition for voluntary annexation to the City of Schertz for an approximate 63 acre tract of land. The subject property is located approximately 600 feet north of I -10 and is located in Bexar County Texas, at 7424 Trainer Hale Road. Currently, the subject property is in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and within the Schertz - Cibolo- Universal Independent School District boundaries. City Council accepted CCMA's petition for voluntary annexation of the subject site and adopted Resolution 16 -R -92 on December 13, 2016, which initiated the process to annex and zone the property. A separate zoning request is being processed concurrent with this proposed annexation case. CCMA is planning on constructing a waste water treatment plant on the subject property. In 2014, CCMA requested annexation of approximately 69 acres of land located immediately north of the subject property. The City annexed the property in 2015 by Ordinance 15 -A -01 and zoned the site Public Use District. CCMA intends to use the approximate 69 acre site as a natural buffer. City Council approved this on first reading at their meeting of February 7, 2017 Goal Cibolo Creek Municipal Authority petitioned for voluntary annexation into the City of Schertz because of their desire to be located within the Schertz city limits. City Council Memorandum Page 2 Community Benefit Promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff recommends approval of Ordinance 17 -A -08 to annex the approximate 63 acre site. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through interlocal agreement the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection and sewer service. Water service is provided by Green Valley Special Utility District. RECOMMENDATION Staff recommends approval of final reading of Ordinance 17 -A -08 annexing the subject site into the City corporate limits. ATTACHMENT Annexation Exhibit Ordinance 17 -A -08 City Council Memorandum Page 3 O y Cr1!' of Sc u7a4— S } OS CM' op 62.94: AC. it - Ga ._ -- -- 2576 k C SCHIERTZ 4RD 17 -A -08 W-k- E COMMUNITY- SERVICE - OPPORTUNITY s Proposed Annexation CB 5193 P-20 ABS 5 it Annexation �' �— �•_.._- •_�-- -•--=- 0 250 500 1,000 1,500 2 -•J•Ju Fee` ORDINANCE NO. 17 -A -08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 63 ACRES LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 600 FEET NORTH OF 1- 10, BEXAR COUNTY, TEXAS. WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Annexed Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous, pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended; and WHEREAS, Texas Local Government Code Section 43.028 authorizes the City of Schertz to extend its City limit boundaries through the voluntary annexation of area adjacent to those boundaries upon petition of a landowner; and WHEREAS, a public hearing notice was published in the Daily Commercial Recorder on December 9, 2016; and WHEREAS, on December 13, 2016 the City Council conducted a public hearing and after considering the request for voluntary annexation, adopted Resolution 16 -R -92 accepting a petition for voluntary annexation; and WHEREAS; the City Council finds that the Annexed Land is suitable for municipal purposes and it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to and made a part of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. Section 2. The Annexed Land shall be included within the City's corporate limits effective on the effective date of this Ordinance, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. Section 3. The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges of all the citizens of the City and be bound by the acts, ordinances, resolutions, and regulations of the City. Ordinance 17 -A -08 Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 10. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7th day of February, 2017. PASSED, APPROVED AND ADOPTED on final reading the 14th day of February, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Ordinance 17 -A -08 (SEAL OF THE CITY) Ordinance 17 -A -08 EXHIBIT A Exhibit A "The Land" LP AMWYER -LAND SURVEYING■ --- METES AND BOUNDS DESCRIPTION FOR A 62.940 ACRE TTtACT OF LAND Being 62.940 acres or land oat of the E, Gortari Survey No. 2, Abstract No. 5, County Bloch 5193, Bexar County, Texas, and being all of a 62.139 acre tract of laid described in Volume 8434, Page 1819 of the Official Public Records of meal Property of Bexar County, Texas, and said 62.944 acres of land being more particularly described as follows; BEGIN WO at a %" iron pin found on the Northeast right-of-way line of Trainer Hale Road, a Southwesterly corner of a 69.146 acre tract of land as described in Volume 6160, Page 1586 of the Official Public Records of item Property of Bexar County, Texas, and being the most Westerly corner of this herein describer[ 62.940 acre tract of land; THENCE departing the Northeast right-of-way line of said Trainer .Hale Road and with the Southeast line of said 69.106 acre tract of land, N 59° 47' 58" F distance of 3090.45 feet to a ! /z" iron pin found on line for a reference paint, a total distance of 3239.04 feet to the center of Cibolo Creek for the East comer of said 69.106 acre tract of land and being the Northerly comer of this herein described 52.940 acre tract of land; THENCE with the meanders of Cibolo Creek the following calls and distances: S 16" 43' 50" E a distance of 385.56 feet to a point; S 470 04' 33" E a distance of 140.10 feet to a point; and S 59° 31' 14" E a distance of 424,41 feet to point for the most Northerly corner of a 54.72 acre tract of land as described in Volume 3357, Page 401 of the Official Public Records of Real Property of Bexar County, the Easterly corner of this herein described 62.440 acre tract of land; Tl_IENCE departing the center line of Moto Creek, and with a fence along the Northwesterly line of said 54,72 acre tract of land, S 62° 57' 00" W a distance of 240.92 feet to a 1/2" iron pin found for a corner of said 54.72 Acre tract of land, and a comer of this herein described 62,940 acre tract of land; THENCE with the Northwesterly line of said 54.72 acrd tract of land, the following calls and distances: S 59° 48' 53" W a distance of 669.73 feet to a Vz" iron pin with cal, stamped "DAM #5348 PROP. COR." set for a corner; and S 59° 55' 16" W a distance of 2362.65 feet to a yx" iron pin found on the Northeast right- of-way line of said Trainer Hale Road, a Westerly corner of said 54.72 acre tract of'land and being the Southwest corner of dds herein described 62.940 acre tract of land; Ordinance 17 -A -08 THENCE with the Northeast right -of- -way line of Trainer Hale Road, the following calls. N 420 13' 33" W a distance of 109.20 feet to a fz" iron pin found for a comer and beginning of .1 Curve to the curve to the right; With said curve to the right, having a Radius of 2315.23 feet, an Are Length of 199.88 feet, a Detta Angle of 04° 56' 47 ", and a Chord bearing and distance of 39° 54' 53 "'W, 199.82 feet to a comer, and N 37° 22' 29" W a distance of 561,79 feet to the POINT OF BEGMI G and containing 62.940 acres of land, mare or less, Bearings based oa the Texas State Plane Coordinate System, Texas South Central Zone (4204). NAD 1953. Survcyed on the ground this the 121" day of May, 2014. Drew A. lVilawye r Registered Professional Zand S rveyor No. 5348 TBPLS firm Registration #10191544 S'l — DAM—MLV -2G[4 Prt)jm(s�CCM007,SchwiVA&BlCCM007•62.940 AC- M &B.doc Ordinance 17 -A -08 OF / �• \ `M '�5J P�S r[a; •rri SYPPP."'e'Y1lll+4•r ce.M i [� yC REWA, [ai,4WYER +r„aYrrrra�[. rY.r� .r. gln . a dig � � 1 J11 T Ordinance 17 -A -08 9 S 1 1 �a'$x J w g sR 1 Q m F 5 ^dw� Q U ff �g sR 1 Q m F v y9�n PG P� �P 0 i Ctty of ScTieriz j �\ i i Sc�eYtZ 0.1 Ctty r T �y2�9 y�F s c o � s 62.94 AC .z 0 CZ CZ 2538 zz C r i .�• FEE �i c i i i i SCHIIERTZ ORD 17 -A -08 �P� w Yd E COMMUNITY- SERVICE -OPPORTUNITY T � S � TIT, FAT �w. - P IP 1p 10 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: February 14, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -S -09 — Consideration and/or action approving an Ordinance to zone approximately 63 acres of land to Public Use District (PUB), located about 600 feet north of I -10 at 7424 Trainer Hale Road, Bexar County, Texas. (Final Reading) BACKGROUND The applicant is requesting to zone approximately 63 acres of land located at 7424 Trainer Hale Road approximately 600 feet north of Interstate 10 to Public Use District (PUB). Public Use District (PUB) is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by Cibolo Creek Municipal Authority who has indicated their desire to voluntary annex the property and develop a municipal wastewater treatment plant at this location. The public hearing notice was published in The San Antonio Express News on January 18, 2017. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on December 30, 2016. At the time of this report being prepared, staff has not received any responses. City Council approved this on first reading at their meeting of February 7, 2017. Goal Cibolo Creek Municipal Authority is requesting to rezone the approximate 63 acre tract of land to Public Use District (PUB). Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Use Plan. The Plan designates the subject property for Agricultural Residential which is intended to preserve the rural /agriculture state to include large lot residential and some related commercial uses permitted such as: landscaping business, metal workshop, farmers market, convenience store, etc. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change supports the goal to ensure adequate development of public facilities as well as upgrade public facilities and services in order to meet the challenges of growth. • Impact of Infrastructure: The proposed zone change will have a large impact on the wastewater infrastructure system by providing additional capacity for community growth. • Impact of Public Facilities /Services: The proposed rezoning request should have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan. The zoning request has been reviewed by staff and determined to be in general conformance with the Comprehensive Land Use Plan, particularly due to the proposed construction of a waste water treatment facility that will ensure quality of life and improve service for our growing community. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on January 11, 2017 and offered a recommendation of approval with a 5 -0 vote and one abstention. Staff recommends approval of final reading of Ordinance 17 -S -09 to zone the subject property to Public Use District (PUB). ATTACHMENT Ordinance No. 17 -S -09 P &Z Staff Report ORDINANCE NO. 17 -S -09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 63 ACRES OF LAND TO PUBLIC USE DISTRICT (PUB). WHEREAS, an application to zone approximately 63 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on January 11, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on February 07, 2017 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Public Use District (PUB). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7`h day of February, 2017. PASSED, APPROVED AND ADOPTED on final reading the 14th day of February, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" METES AND BOUNDS DESCRIPTION FOR A 62.940 ACRE TRACT OF LAND Being 62,940 acres of land out of the E. Gortari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County, Texas, and being all of a 62.139 acre tract of land described in Voltune 8434, Page t 8 t 9 of the Official Public Records of Real Property of Bexar County, Texas, and said 62.940 acres of land being more particularly described as follows; BEGINNTNG at a V2" iron pin found on the Northeast right-of-way line of Trainer Hale Road, a Southwesterly corner of a 69.106 acre tract of land as described in Volume 6160, Page 1686 of the Official PuNic Records of heal Property of Bexar County, Texas, and being the most Westerly corner of this herein described 62.940 acre tract of land; THENCE departing the :Northeast right-of-way line of said Trainer .Hale Load and with the Southeast line of said '69.106 acre tract of land, N 59' 47'59" F distance of 3090.45 feet to a Y2" iron pin found on line for a reference point, a total distance of 3239.04 feet to the center of Cibolo Creek for the Fast comer of said 69.106 acre tract of land and being the Northerly corner of this herein described 62.940 acre tract of land; THENCE with the meanders of Cibolo Creek the following calls and distances: S 16° 43" 50" E a distance, of 385.56 feet to a point; S 47° 04' 33 " E a distance of 140.10 feet to a point; and S 59° 31' l4" E a distance of 424.41 feet to point for the most Northerly corner of a 54.72 acre tract of land as described in Volume 3357, Page 401 of the Official Public Records of Real Property of Bexar County, the Easterly corner of this herein described 62,944 acre tract of land; THENCE departing the center line of Cibolo Greek, and with a fence along the Northwesterly line of said 54.72 acre bract of land, S 62° 57' 00 °' W a distance of 240.92 feet to a k /z" iron pin found for a corner of said 54.72 Acre tract of land, and a corner of this herein described 62,940 acre tract of land; THENCE with the Northwesterly line of said 54.72 acre tract of land, the following calls and distances: S 590 48' 53" W a distance of 669.73 feet to a Vz" iron pill with cap stamped "DAM 05348 PROF. COR." set for a corner; and S 59° 55" 16" W a distance of 2362.65 feet to a Yz" iron pin found on the Northeast right -of way line of said Trainer Hale Load, a Westerly corner of said 54,72 acre tract of land and being the Southwest corner of Us herein described 62.940 acre tract of land; THENCE with the Northeast right -of- -way tine of Trainer Male Road, the Following calk N 420 13' 33" W a distance of 108.20 feet to a'rz" iron pin found for a coiner and beginning of a curve to the curve to the right; With said curve to the right, having a Radius of 2315.23 feet, an Arc Length of 199.89 feet, a Delta Angle of 04° 56' 47 ", and a {Chord bearing and distance of N 39' 50' 53" W, 199.82 feet to a corner; and N 37' 22' 29" W a distance of 561.79 felt to the POINT UE BEGINNING and containing 62.940 acres of land, more or less; Bearings fused an the Texas State Piano CoDrdinate System, Texas South Central Zane (4204), N.A,D 1983, Surveyed on the ground 4rvcyCoaryNc, May, 2014, OF Vi Brew Mnwyer E7F��iU A. 1vi,AWl'R •. eR'E" v R®gistered Professionai 5348 515 8" . "iTBPLS Firm Registration #10191500 S: °,- _oAM -M0 2(1(4 eft)jacoCCM007 -SchcclM&,3II CCM007•62.940 AC- M &B.d" 4 illy tx a ;V gla 51 3s k$� �; 6 �raa. Il f ell { /%\ a° 9$ N, n — z� o o ig� Exhibit B "The Property" Y� t Y r Y Y Y L Y � O Y g� s a p -d Sam ��m roe 4. - .aw.vxns nm n��wa- momewwn- �emv +.w».w eeac wn�v Yx .;ter erw 012VL= DV MIME �.o G %tB3 Scrilucrz COMMUNITY - SERVICE- OPPORTUNITY M7 in DVL =RREI B6 7 Ul GB_ h9 may/ Classifi ation —YAN fd M \M'd IIIIIIIII11W d M Va "M IIIIIIIII11W d M \&V \Al M f d M \A4 WZ Pff d M yf V rffl d M m 9 m m KV d M m 9 m m ra m \a zm ORD 17-S-09 M m CIBOLO CREEK MUNICIPAL AUTHORITY CB 5193 P-20 ABS 5 It of SCE N •41-h s NONE— 33 ,�v NE 2m m loz m v Pa MM v 9 mm m ME W mo w z \"v q i ym \m ym z N •41-h s NONE— 33 SCHIERT Z OCOMMUNITY PPORTUNITY PLANNING AND ZONING COMMISSION MEETING: January 11, 2017 Public Hearing Agenda Item — 513 It3 PREPARED BY: CASE: Planning and Zoning Commission Channary Gould, Planner I ZC2016 -008 CCMA South Schertz Plant - Zoning SUBJECT: Hold a public hearing, consider and make a recommendation on a request to zone approximately 63 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7424 Trainer Hale Road. GENERAL INFORMATION: Owner /Applicant: Cibolo Creek Municipal Authority, Clint Ellis APPLICATION SUBMITTAL DATE: June 29, 2016 (Original Application) PUBLIC NOTICE: Six (6) public hearing notices were mailed to surrounding property owners on December 30, 2016 with a public hearing notice to be published in "San Antonio Express" and the "Herald" prior to the City Council public hearing. At the time of this staff report no responses have been received. ITEM SUMMARY: The applicant is requesting to zone approximately 63 acres of land located at 7424 Trainer Hale Road, about 600 feet north of Interstate 10 to Public Use District (PUB). The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by Cibolo Creek Municipal Authority who has petitioned for voluntary annexation of the property in order to develop a municipal wastewater treatment plant at this location. On December 13, 2016, City Council adopted Resolution 16 -R -92 accepting Cibolo Creek Municipal Authority's petition for voluntary annexation. LAND USES AND ZONING: Subject Property: Zoning Existing None Proposed Public Use District (PUB) Adjacent Properties: Zoning North Public Use District (PUB) South Pre - Development (PRE) East Cibolo Creek — City of Cibolo Land Use Vacant / Aariculture Municipal Wastewater Treatment Plant Land Use Vacant / Agriculture Vacant / Agriculture Aqriculture Zoning Land Use West Predevelopment District (PRE) Rehabilitation Center PLATTING STATUS: The subject property is currently unplatted. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Comprehensive Land Use Plan designates the subject property as Agricultural Residential which is defined in the Comprehensive Land Plan as intended to preserve the rural /agriculture state to include large lot residential and some related commercial uses permitted such as: landscaping business, metal workshop, farmers market, convenience store, etc. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change supports the goal to ensure adequate development of public facilities as well as upgrade public facilities and services in order to meet the challenges of growth. • Impact of Infrastructure: The proposed zone change will have a large impact on the wastewater infrastructure system by providing additional capacity for community growth. • Impact of Public Facilities /Services: The proposed rezoning request should have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • CompatibilitV with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by predominantly undeveloped land and agriculture uses which is consistent with the Comprehensive Land Use Plan. STAFF ANALYSIS AND RECOMMENDATION: The Comprehensive Land Use Plan identifies this area as Agricultural Residential to provide for large acre lots and includes ancillary uses to the neighborhood. This zone change recommendation will be presented in conjunction with a voluntary annexation request. Staff recommends approval. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is making a recommendation to City Council on the propose zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC, Section 21.5.4 D. Attachments: 200 -Foot Notice Map Zoning Exhibit 2 Agenda No.6 CITY COUNCIL MEMORANDUM City Council Meeting: February 7, 2017 Department: EMS Subject: Resolution No. 17 -R -09 — A Resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with South Texas Regional Advisory Council ( STRAC) for for EMS Billing Solution Services. BACKGROUND South Texas Regional Advisory Council ( STRAC) is the Regional EMS /Trauma Advisory Council designated by the Texas Department of State Health Services (DSHS) to design, implement and maintain the Regional EMS /Trauma, Disaster and Emergency Healthcare System. Since 2002, STRAC has provided a regional electronic patient care report (ePCR) system that all 9 -1 -1 EMS agencies can utilize at a much lower cost than implementing such a system individually. As a result of this service line, STRAC also has the appropriate licensing authority from ZOLL Medical Corporation (ePCR vendor) to provide ZOLL's RescueNet Billing Solution as a component of the ePCR project and as such has an interest to provide cost effective software solutions to member agencies. The RescueNet Billing Solution is an EMS billing software system designed specifically for the unique needs of ambulance organizations. This solution streamlines day -to -day billing, accounts receivable and reporting. The RescueNet Billing application integrates completely with RescueNet ePCR product (the system STRAC has been using since 2002) to eliminate redundant data entry increasing the overall efficiency and capability of the public safety system. Schertz EMS purchased ZOLL RescueNet Billing in 2002 when billing was brought in house. Since this time, we have had great success in capturing available revenue with both the ePCR and Billing software packages. The only shortcoming was the ePCR product was in STRACs servers and the Billing product was in our servers. To transfer data, some would automatically transfer while other critical billing data still had to be entered by hand. In 2015, the City's IT Department notified EMS of the need to upgrade their RescueNET Billing server. At the same time, STRAC was seeking agencies willing to utilize the RescueNET Billing software included with the ePCR product at STRAC. Testing was done and it was determined that moving our licenses over to STRAC would allow our billing to be done from the save servers (and same database) as the ePCR which would eliminate almost all of the data entry of EMS Billing staff leading to greater productivity. Additionally, this would prevent the regular replacement costs of a billing server on the City network every three to four years. Staff has reviewed the benefits of participating in this cooperative agreement and has concluded that the program will provide the best value to the City and taxpayers. COMMUNITY BENEFIT The RescueNet Billing Solution will increase efficiency and performance of the City's EMS Billing operations, conserving resources, reducing costs and providing increased value to the taxpayers. FISCAL IMPACT The cost of participating with STRAC's RescueNet Billing Solution is $15,000 annually and was approved for the 2016/2017 budget. RECOMMENDATION The City recommends Council approval of Resolution 17 -R -09 to authorize an interlocal agreement with STRAC for EMS Billing Software Solution Services. ATTACHMENTS Resolution 17 -R -09 Exhibit A: ILA with STRAC RESOLUTION NO. 17 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH SOUTH TEXAS REGIONAL ADVISORY COUNCIL ( STRAC) FOR EMS BILLING SOLUTION SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies and purposes of the Interlocal Cooperation Act; and WHEREAS, authority for such partnerships is granted under Texas Government Code §§ 791.001 et seq as amended. WHEREAS, Southwest Texas Regional Advisory Council ( STRAC) is the Regional EMS /Trauma Advisory Council designated by the Texas Department of State Health Services (DSHS) to design, implement and maintain the Regional EMS /Trauma, Disaster and Emergency Healthcare System; and WHEREAS, STRAC has the appropriate licensing authority from ZOLL Medical Corporation to provide overall coordination and management of the RescueNet Billing Solution to member agencies; and WHEREAS, Schertz has a need to have a hosted RescueNet Billing solution to increase efficiency, reliability, capability and performance for the City's EMS Billing operation; and WHEREAS, The City has reviewed the benefits of participating in this cooperative agreement and has concluded that the program will provide the best value to the City and taxpayers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes execution and delivery of the Agreement with STRAC in substantially the forms 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 14th day of February, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A ILA with STRAC STRAC RescueNet Billing INTERLOCAL COOPERATION AGREEMENT This RescueNet Billing AGREEMENT ( "Agreement "), is entered into by the following parties: the Southwest Texas Regional Advisory Council ("STRAC"), a Texas non -profit corporation created by Texas law and regulations, and the City of Schertz, Texas ( "Schertz "), a political subdivision of the State of Texas. Recitals It is the purpose of this Agreement to establish a cooperative and mutually beneficial relationship between the parties and to set forth the relative responsibilities of the parties as they relate to a RescueNet Billing solution. STRAC is the Regional EMS /Trauma Advisory Council designated by the Texas Department of State Health Services ( "DSHS ") in the STRAC region (Trauma Service Area — P, TSA -P), and has the licensing authority from ZOLL Medical Corporation ( "ZOLL ") for the STRAC. STRAC is designated by DSHS to design, implement and maintain the Regional EMS/Trauma, Disaster and Emergency Healthcare System for Trauma Service Area -- P (TSA -P) and will provide overall coordination and management to the RescueNet Billing Solution as a component of the ePCR project and as such has an interest to provide cost effective software solutions to member agencies. STRAC is providing the RescueNet Billing solution to eligible EMS member agencies, Fire Departments and other public safety agencies in a co- operative fashion, leveraging economics of scale by having multiple public safety member agencies subscribe through STRAC's group pricing with ZOLL for the RescueNet Billing system. Schertz has an interest in and need to have a hosted RescueNet Billing solution to increase efficiency, reliability, capability and performance for the City's EMS Billing operation. Agreement Accordingly, both Schertz and STRAC agree as follows: I. LEGAL AUTHORITY STRAC represents and warrants that: 1. STRAC is a Texas non -profit corporation organized to provide one or more governmental functions and services described in Texas Administrative Code Title 25, Part 1, Chapter 157. 2. STRAC possesses adequate legal authority to enter into this Agreement. 3. The governing body of STRAC believes that this Agreement is beneficial to the public. Schertz represents and warrants that: 1. Schertz possesses adequate legal authority to enter into this Agreement. 2. Schertz's payments to STRAC for the performance of governmental functions pursuant to the Agreement is from current revenues legally available to Schertz. 3. The governing body of Schertz believes that this Agreement is beneficial to the public and that Schertz has the legal authority to provide the governmental function which is the subject of this Agreement. STRAC—RescueNet Billing_Schertz_2016 Page 1 of 10 4. Schertz is an active member of STRAC in good standing and is licensed through the Texas DSHS. I1. STATEMENT OF SERVICES TO BE PERFORMED: STRAC shall provide services as set forth in the attached "Schedule (A), RescueNet Billing Solution." The services listed in Schedule (A) provided by STRAC under this Agreement will be provided to Schertz by STRAC at the rates in Schedule (B), RescueNet Project Pricing. Schertz is responsible for all costs associated with implementing and operating the RescueNet Billing Solution as provided for in the attached Schedules, including all costs of wireless data, GPS and hardware equipment and any utility services required to enable the RescueNet Project to function correctly. Schedules (A) and (B) are incorporated in this Agreement for all purposes. III. TERM OF AGREEMENT: This Agreement is effective as of the I" day of February, 2017.( "Effective Date. ") The initial term of this Agreement continues for one (1) year from the Effective Date (the "Initial Term "). At the end of the Initial Term, this Agreement shall automatically renew annually on the anniversary of the Effective Date for five (5) consecutive years (each, a "Renewal Term "), unless earlier terminated by the parties in accordance with paragraph IV. The maximum duration of this Agreement is six (6) years. IV. TERMINATION AND DISPUTE RESOLUTION: This Agreement may be terminated by either Schertz or STRAC in its sole discretion by providing sixty (60) days written notice of termination to the other party. When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation is not a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in section 154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality. V. VENUE This Agreement and all of the transactions described herein shall be governed by and construed in accordance with the laws of the State of Texas. All obligations under this Agreement are performable in Bexar County, Texas. VI. GENERAL PROVISIONS: 1. This Agreement is entered into by the duly authorized officials of each respective party. 2. Any notice required pursuant to this Agreement must be in writing and is properly given if hand delivered, or sent by certified or registered mail, or overnight courier service, to the STRAC_RescueNct Billing_Schertz_2016 Page 2 of 10 parties either at the address below for or at such other address as the parties from time to time specify by written notice pursuant to this Section. Any such notice is considered delivered on the date of delivery if hand delivered, or upon confirmation if sent by certified or registered mail or an overnight courier service. If to STRAC: STRAC Attention: Executive Director 7500 Highway 90 West AT &T Building, Suite 200 San Antonio, Texas 78227 If to Schertz: City of Schertz Attention: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, TX 78154 To the extent authorized by the Iaws of the State of Texas, STRAC and Schertz are not liable for any lost profits, special, incidental, consequential, or punitive damages, for breach of any express or implied warranties or otherwise. STRAC and Schertz do not warrant, expressly or impiiedly, and do not represent that the software or services provided under this Agreement are without defect, interruption, or suited for particular purposes or uses. During the term of this Agreement and any extensions of it, Schertz, to the extent permitted by law, assumes liability arising from the use, employment, deployment, redeployment, and reconstitution of the RescueNet Billing Solution and supporting equipment by Schertz in accordance with the provisions of law and regulations which govern its activities. In addition, during the term of this Agreement and any extensions of it, Schertz, to the extent permitted by law, and as between Schertz and STRAC, assumes all liability arising from the use, employment, deployment, redeployment, and reconstitution of the RescueNct Billing Solution and supporting equipment and services in connection with subleases, assignments or other contracts by Schertz with third parties, by which such third parties obtained access to the technology and services provided under this Agreement, all in accordance with the provisions of law and regulations which govern Schertz activities. This assumption of liability does not apply to claims of infringement of intellectual property rights for actions that are not in breach of this Agreement. 3. If any provision of this Agreement is held to be illegal, invalid or unenforceable in any respect, such illegality, invalidity or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if that invalid, illegal or unenforceable provision had never been included in this Agreement. In computing any period of time pursuant to this Agreement, the first day is excluded and the last day included except that if the last day falls on a Saturday, Sunday, or a day Schertz has declared a holiday for its employees, these days shall be omitted. All hours stated in this Agreement are stated in Central Time as recognized in San Antonio, Texas. Words of any gender in this Agreement shall be construed to include any other genders and words in singular shall be construed to include plural and vice versa unless the context in the Agreement clearly requires otherwise. Headings and titles at the beginning of the various provisions of this Agreement have been included only to make it easier to locate the subject matter covered by that part, section or subsection and are not to be used in interpreting this Agreement. 4. Both parties understand that each will fulfill its responsibilities under this Agreement in accordance with the provisions of law and regulations which govern their activities. Nothing STRAC_RescueNet Billing_Schertz_20I6 Page 3 of 10 in this Agreement is intended to negate or otherwise render ineffective any such provisions or operating procedures. If at any time either party is unable to perform its functions under this Agreement consistent with such party's statutory and regulatory mandates or authority, the affected party shall immediately provide written notice to the other to establish a date for mutual resolution of the conflict. Resolution may include forfeiture of the use and return to STRAC of those assets described in the Schedule (A). 5. Assignment. The parties to this Agreement shall not assign any of the rights or obligation under this Agreement without the prior written consent of the other party. The terms, provisions, covenants, obligations and conditions of this Agreement are binding upon and inure to the benefit of the successors in interest and the assigns of the parties to this Agreement if the assignment or transfer is made in compliance with the provisions of this Agreement. Without the prior written approval or the prior written waiver of this right of approval from Schertz, STRAC shall not enter into any subcontracts for any service or activity relating to the performance of this Agreement other than the contract with ZOLL. STRAC acknowledges that no officer, agent, employee or representative of Schertz has the authority to grant such approval or waiver unless expressly granted that specific authority by the City of Schertz. 6. If a change of name is required, Schertz shall be notified immediately. No change in the obligation of or to STRAC will be recognized until it is approved by the City of Schertz. 7. This Agreement constitutes the entire agreement of the parties with respect to the subject matter of it, and supersedes any prior understanding or written or oral agreements between the parties with respect to the subject matter of this Agreement. 8. No amendment, modification, or alteration of the terms of the Agreement is binding on either party unless the same is in writing, is dated subsequent to the date of this Agreement, and is duly executed by the party against whom enforcement is sought except that Schertz may, with consent of STRAC, at any time, by written document, make changes within the general scope of this Agreement in any aspect of Agreement to correct errors of a general administrative nature or other mistakes, the correction of which does not affect the scope of the Agreement and does not result in expense to the STRAC. 9. Each person signing this Agreement on behalf of a party confirms for the benefit of the other party that any requisite approvals from the governing body of the signing party have been obtained, and all prerequisites to the execution, delivery, and performance of this Agreement have been obtained by or on behalf of that party. 10. Force Majeure — Either party may be excused from performance under this Agreement for any period that the party is prevented from performing its obligations in whole or in parr as a result of any act of God, war, civil disturbance, epidemic, court order, or other event outside the control of such party, provided the party seeking to be excused has prudently and promptly acted to take any and all reasonable corrective measures that are within that party's control. 11. Neither party has authority for or on behalf of the other as to the subject matter of this Agreement, except as provided in this Agreement. No other authority, power, partnership, use, or rights are granted or implied except as provided by Texas or federal laws and regulations, and as defined in the Agreement and Schedule (A) to it. 12. Neither party may incur any debt, obligation, expense, or liability of any kind on behalf of the other party without the other party's express written approval. 13. To the extent permitted by law, Schertz will defend and indemnify STRAC, its directors, employees, agents, and representatives (the "Indemnitees ") and hold the Indemnitees harmless against any damage, claims, suits, actions, liabilities, loss, penalties, costs, and expenses including, without limitation, reasonable attorneys' fees arising out of or alleged to have arisen from or in any way connected to: STRAC_RescueNet BilIing_Schertz_2016 Page 4 of 10 i. The use of the RescueNet Billing Solution in compliance with this Agreement and issued equipment by the Schertz; ii. a breach of any of the representations, warranties, or obligations of this agreement by Schertz•, and /or iii. any claim (whether founded or unfounded) of any nature or character, arising out of or alleged to have arisen from or in any way connected to any actual or alleged negligence or dishonesty of, or any actual or alleged act of commission or omission by Schertz or any of its employees, agents, representatives or contractors. 14. STRAC will defend and indemnify Schertz, its elected officials, directors, officers, employees, agents and representatives (the "Schertz Indemnities ") and hold the Schertz Indemnities harmless against any damages, claims, suits, actions, liabilities, loss, penalties, costs, and expenses including without Iimitation reasonable attorneys' fees arising out of or alleged to have arisen from or in any way connected to: i. any infringement of any applicable copyrights, licenses or other intellectual property or proprietary rights which may exist on materials used in this Agreement and any rights granted to Schertz shall apply for the duration of this Agreement; ii. a breach of any of the representations, warranties, or obligations of this Agreement by STRAC; and /or iii. any claim (whether founded or unfounded) of any nature or character arising out of or alleged to have arisen from or in any way connected to any actual or alleged negligence or dishonesty of, or any actual or alleged act of commission or omission by STRAC, or any of its employees, agents, representatives or contractors. 15. STRAC certifies that at the time of execution of this Agreement, it is not on the federal government's list of suspended, ineligible, or debarred contractors. If the STRAC is placed on the list during the term of this Agreement, STRAC shall notify the Schertz City Manager or their designee. False certification or failure to notify may result in terminating this Agreement. STRAC_RescueNet Billing_Schertz_2016 Page 5 of 10 AGREEMENT SIGNATURES: The undersigned parties bind themselves to the faithful performance of the Agreement. It is mutually understood that this Agreement shall be effective if signed by a person authorized to do so according to the normal operating procedures of that party. If the governing body of a party is required to approve this Agreement, it does not become effective until approved by the governing body of that party. In that event, when this Agreement is executed by the duly authorized official {s} of the parry as expressed in an approving resolution or order of the governing body of that party, a copy of the resolution or order shall be attached to this Agreement. STRAC_RescueNet Billing_Schertz 2016 Page 6 of 10 APPROVED AS TO FORM AND LEGALITY: Schertz By: John Kessel, City of Schertz Date of Signature APPROVED AS TO FORM AND LEGALITY: Southwest Texas Region-pt Advisor ouncil By: Eric y utive Direct r Date of Signature STRAC_RescueNet Billing_Schertz 2016 Page 6 of 10 SCHEDULE (A) RescueNet Billing Solution I. Proiect Description The RescueNet Billing Solution is an EMS billing system designed specifically for the unique needs of fire departments and EMS organizations. This solution streamlines day -to -day billing, accounts receivable and reporting. The RescueNet Billing application integrates completely with RescueNet ePCR to eliminate redundant data entry increasing the overall efficiency and capability of the public safety system. II. Purpose of the RescueNet Billing Solution The RescueNet billing product supports day to day operations of agencies, while also increasing efficiencies with regard to manpower, physical resources and planning. III. Compliance with Copvrights STRAC warrants that all applicable copyrights, licenses and other intellectual property and proprietary rights which may exist on materials used in this Agreement and any rights granted to Schertz shall apply for the duration of this Agreement have been adhered to and further warrants that Schertz shall not be liable for any infringement of these copyrights, licenses and other rights. IV. Scope of Work Schertz will: • Transfer all Zoll licensing files to STRAC servers in accordance with the Zoll licensing transfer letter of agreement • Provide updated payor list from its current RescueNet billing installation • Validate all current forms in current RescueNet billing installation • Provide assistance to Zoll and STRAC staff with respect to system configuration and set -up to duplicate current billing environment STRAC will: • Responsible for all Zoll Billing License Fees to include Zoll Rescuenet Billing and Zoll Eligibility. • Provide all necessary interface /virtual connections with Trizzeto or other service providers utilized by the City of Schertz. Any substantial updates to Trizzeto or associated billing systems utilized by the City that requires significant technical support will be billed at a rate agreed upon by the City of Schertz and STRAC prior to commencing any work. • Responsible for updating servers with the latest version of any product associated with Zoll Rescuenet Billing, Eligibilty, SQL database, Operating System or any other product outlined in this contract. The City will be notified before any update or outage. • Provide support for report writing. STRAC_RescueNct Billing_Schertz_2016 Page 7 of 10 • Store and maintain all legacy data from City server to include updating server licenses and to assure all data is accessible to the City until the City determines that the data is no longer needed. • Receive all Zoll licensing files from City of Schertz server to STRAC servers in accordance with the Zoll licensing transfer letter of agreement • Import updated payor lists and validated forms from current Schertz billing environment • Will maintain a secure access to the server and all data to those agreed upon by the City of Schertz. • Will notify the City if the physical server is moved off -site or to a different location prior to the move taking place. • Provide dcoumenaton on frequency and volume of data back up and coordinate with The City to determine appropriate retention periods for all data. • Provide assistance to Zoll and Schertz staff with respect to system configuration and set -up to duplicate Schertz's current billing environment on STRAC's servers • Upon termination, provide complete data set in a format agreed upon by the City and STRAC by the termination date. • Provide the RescueNet billing application via STRAC's existing Citrix environment • STRAC agrees to provide help desk and technical support according to the schedule below. All issues should be submitted using the STRAC Field Apps Ticket Support System at support @strac.org. For uniformity standards within this agreement, all timeframes will hereupon be addressed as `routine', ` important' and `critical' to allow for standardization. An additional `Immediate or After - hours' category will be defined below as to be used in extreme cases. The definitions are as follow: Routine: Behavior as designed, but where improvement can be seen or alternative operation is desired. Changes that may improve system operations /function. Additional requirements to the product not originally specified. Ticket will be acknowledged within 8 hours from when it was created during regular business hours. 95% of `routine' tickets will be resolved within 5 business days from time of creation, and all `routine' tickets within 10 business days from time of creation. Important: All other defects which are not Critical or Major. An error message to the user is not clear, however it does not cause a Severity 1 or 2 result. There is an operational workaround available. Ticket will be acknowledged within 4 hours from when it was created during regular business hours. 95% of important tickets will be resolved within 2 business days from time of creation, and all `important' tickets within 3 business days from time of creation. STRAC RescueNet Billing_Schertz_2016 Page 8 of 10 Critical: System fails to operate correctly. There is no workaround available to provide the desired feature. Customer identified /defined show stoppers. Ticket will be acknowledged within 60 minutes from when it was created during regular business hours. 95% of critical tickets will be resolved upon the same business day. If the ticket is created after 3:00pm, the ticket will be resolved by the close of next business day. Immediately or After - hours: Tickets that are requested to be addressed immediately or after normal business hours will be handled on a case -by -case basis and will be generated by a direct call to STRAC support line at: 210 -233 -5888. Unresolved routine, important or critical tickets will he escalated to STRAC's Executive Team for resolution. - - - -- End of Schedule A - - - -- STRAC RescueNet_Billing_Schertz 2016 Page 9 of 10 SCHEDULE (B) RescueNet Billing Solution Pricing I. RATES STRAC shall invoice Schertz based on the following rates: $15,000 per year, to be invoiced upon the effective date of this agreement and annually on the anniversary date of this Agreement. II. INVOICING/PAYMENTS: STRAC shall provide Schertz with an Internal Revenue Form W -9, Request for Taxpayer Identification Number and Certification, that is completed in compliance with the Internal Revenue Code and its rules and regulations before any funds are payable. Schertz shall pay STRAC by check or warrant upon satisfactory deployment of each department and annually thereafter. STRAC will submit an invoice to the address below: City of Schertz 1400 Schertz Parkway Schertz, TX 7$154 Invoices shall include at least the following information: Name, address, and telephone number of STRAC Name, address, and telephone number of payment location if different from STRAC address; Schertz Contract number; Identification of services provided as outlined in this Agreement; and Total amount due. Payment shall be deemed to have been made on the date of mailing of the check or warrant. Partial payments will not be made unless specifically requested and approved by Schertz prior to execution of Agreement. Accrual and payment of interest on overdue payments shall be governed by TEX. GOVT CODE ANN., ch. 2251. III. Business Records STRAC shall maintain and make available all books, documents, and other evidence pertinent to the costs and expenses of this Agreement for inspection, audit or reproduction by any authorized representative of Schertz to the extent this detail will properly reflect these costs to Schertz. All required records shall be maintained until an audit is completed and all required questions arising therefrom are resolved, or three (3) years after completion of the Agreement term, whichever occurs first; however, the records shall be retained beyond the third year if an audit is in progress or the findings of a completed audit have not been resolved satisfactorily. - - - -- End of Schedule (B) - - - -- STRAC _RescueNet_Billing_Schertz_2016 Page 10 of 10 City Council Meeting: Department: Subject: BACKGROUND Goal Agenda No.7 CITY COUNCIL MEMORANDUM February 14, 2017 Fire Resolution No. 17 -R -10 State Homeland Security Program Grant for Fire Equipment Schertz Fire Rescue seeks to use FY17 State Homeland Security Program (SHSP) Grant funds to purchase Hazmat and Personal Protective Equipment. Community Benefit Schertz Fire is a founding member of the FEMA Type III, GuadaComa Emergency Response Group that includes New Braunfels, Seguin, Cibolo, Selma and the Guadalupe, Comal and Bexar county area. The team currently covers 395 square miles of 3 counties ( Bexar, Comal and Guadalupe Counties). The estimated population in this area is approximately 235,000. This group's sole purpose is to jointly mitigate hazardous material incidents to limit the public and commercial impact of hazardous materials situations. In addition, Schertz Fire participates in numerous mutual aid agreements including regional and statewide responses. In hazardous material situations it is imperative to be able to properly identify the hazardous product that is being dealt with in a rapid manner. Technology now allows a device to be carried to a scene that will identify approximately 50,000 different chemicals and compounds. Additionally, in hazardous material situations and almost every other firefighting operation , proper personal protective equipment protects firefighters during operations on emergency scenes. Increased attention is being focused on breathing protection in situations where oxygen may be prevalent but the air is still heavy laden with particulates. Schertz Fire is also seeking particulate filter cartridge adapters for their self - contained breathing apparatus for firefighters to use on a variety of response scenes to further protect their personnel everyday. If awarded this grant, Schertz Fire personnel will be placed in PPE that provides a cooler option for firefighters that are working in a non - oxygen deficient atmosphere and will have a device to help identify hazards present during hazardous material resopnses. FISCAL IMPACT Equipment is expected to cost $76,767.47, of which all $76,767.47 will be state funds and no matching City funds will be used. RECOMMENDATION Recommend approval or Resolution 17 -R -10 authorizing participation in the SHSP Grant program. ATTACHMENT(S) Resolution No. 17 -R -10 Exhibit A —Fire Equipment EXHIBIT A Hazmat Elite Chemical ID 1 $69,950.00 $69,950.00 Ludlum Model 2241 -3RK 1 - $2,999.00 $2,999.99 Sensit Gold G2 1 $937.48 $937.48 Scott Twin Quarter Turn 40 $33.00 $1,320.00 Adapter Assy For Mask Scott Mini P100 Filter 80 $9.75 $780.00 Scott Organic Vapor 80 $9.75 $780.00 Filter, Ov 78cc Total $76,767.47 RESOLUTION NO. 17 -R -10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THE SUBMISSION OF A GRANT APPLICATION IN AN AMOUNT UP TO $76,767.47 TO THE STATE ADMINISTRATIVE AGENCY FOR GRANT FUNDS FROM THE 2017 HOMELAND SECURITY GRANT PROGRAM TO PREVENT, RESPOND TO, AND RECOVER FROM ACTS OF TERRORISM AND NATURAL DISASTERS; AND AUTHORIZING THE ACCEPTANCE OF THE FUNDS, UPON AWARD. WHEREAS, the State Administrative Agency (SAA) has grant funds of as much as $76,767.47 available from the 2017 Homeland Security Grant Program (HSGP): and WHEREAS, the purpose of the 2017 HSGP is to enhance the ability of governments to prevent, respond to, and recover from acts of terrorism and natural disasters; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City Council authorize the filing of a grant application with Homeland Security Grant Program relating to Hazmat Equipment for Schertz Fire Department; and WHEREAS, no matching contribution is required; and WHEREAS, the City Council has determined that it is in the best interest of the City to apply to the SAA for a grant to fund this equipment as detailed in Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager and his designee to execute and deliver a grant application with the SAA for the equipment described on Exhibit A, provided, acceptance of the grant (if awarded to the City) and shall not require further approval by the City Council. 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 14th day of February, 2017. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) EXHIBIT A EQUIPMENT Hazmat Elite Chemical ID 1 $69,950.00 $69,950.00 Ludlum Model 2241 -3RK 1 $2,999.00 $2,999.99 Sensit Gold G2 Scott Twin Quarter Turn Adapter Assy For Mask Scott Mini P100 Filter Scott organic Vapor Filter, Ov 78cc Total 1 40 50459012.1 A -1 $937.48 $937.48 $33.00 $1,320.00 $9.75 $780.00 $9.75 $780.00 $76,767.47 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: February 14, 2017 Department: Subject: BACKGROUND Public Works Resolution No. 17 -R -06 — A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager or his designee and its City Attorney to move forward with obtaining rights of entry for surveying and geologic testing in determining the final route of the SSLGC parallel pipeline. In 1998 the cities of Schertz and Seguin formed the Schertz Seguin Local Government Corporation to secure water rights, produce that water and transport that water to the founding cities. During this process 43 miles of pipeline was built between Gonzales County and the City of Schertz. As the SSLGC has matured the corporation has made several business decisions that have benefited Schertz and Seguin by maintaining lower water rates. One of most important decisions was entering into a partnership with the San Antonio Water System (SAWS) to process and transport their water produced in Gonzales County. These 12,000 acre feet per year are critical to SAWS capacity and the fees paid to transport this water have saved our rate payers millions of dollars over the last several years. One of the side effects of this decision was essentially giving one -half of the capacity of the 36" pipeline from Seguin to Schertz to SAWS for their water transport. This decision was well understood when it was entered into by SSLGC and both cities. It was a good decision because the construction of a parallel pipeline from Seguin to Schertz was a part of SSLGC's long term growth as other well fields were developed to meet the water needs of a rapidly growing Schertz. Last year, SSLGC obtained funding from the Texas Water Development Board to begin this next phase of their growth. The first project is the construction of the parallel pipeline and the first steps of this project is the engineering study to determine the actual route of the new pipeline. It is the desire of SSLGC that the pipeline run as close as possible to the original pipeline, however development and logistic issues will require some variation with the 2nd pipeline. Anytime the City desires to build infrastructure such as a pipeline for the greater good of the community that will cross private property, there are a number of steps that the governing body must be prepared to undertake to complete the project. The most difficult pieces of this process are those that allow the City to access private property to survey and determine the best route for the project and then to compensate the property owner appropriately for easements where the pipeline will be placed and maintained. Ideally, property owners will understand the need for this infrastructure and will cooperatively allow the City to access their property to conduct surveys and land studies and then negotiate in good faith with the City for the purchase of needed easements. The largest majority of property owners SSLGC interacted with for the first pipeline were willing participants in the process; however, there were those who were not willing and the City had to utilize the power of eminent domain to accomplish the final product. SSLGC has begun the necessary steps to determine the final route of the parallel pipeline. In order to study the proposed route, survey the land and do appropriate geologic testing, SSLGC's engineers must gain access to all the parcels of land that are proposed to be crossed. A land agent has been retained by SSLGC and they have begun the process of contacting the almost 80 land owners to access over 110 parcels that may be impacted seeking a voluntary "Right of Entry" agreement. To date, the largest majorities of land owners have agreed and have signed these agreements. However, as can be expected from the history with the first pipeline, there are some land owners that are not agreeable to signing an entry agreement. As the process continues, if these land owners continue to refuse to sign an agreement, we will reach a time where it will be necessary to take legal action to obtain a right to enter these remaining properties so the route can be appropriately studied. This process to obtain Rights of Entry is being conducted by Statewide Right of Way Services. This firm is doing all of the research for each parcel of land to determine the owner, to locate the owner and to communicate effectively with the owner about the process we are asking them to participate in. This process involves a number of mailings, phone calls and attempted visits to each property owner. If none of this effort is successful, a renewed communication effort by the attorney handling the Right of Entry legal matters will happen via mail. It is only after this complete process is unsuccessful that the City Attorney would then begin the court proceedings for an injunction. This full process is outlined in Attachment D. SSLGC is not a governmental entity and as such, does not have the right of eminent domain and must rely upon its two member cities to conduct these activities. Seguin and Schertz have agreed to split the length of the pipeline in half and Seguin will do this legal work on the half closest to Seguin and Schertz will do the legal work on the half closest to Schertz. The dividing line is Gembler Road on the east side of Marion. Our City Attorney firm has agreed to do the legal work necessary for our portion of the proposed route and tonight, City Staff is asking City Council to pass a resolution authorizing our attorney to perform the legal work necessary to obtain the "Right of Entry" only. This authorization is not to perform condemnation or other eminent domain work at this time and is limited to only getting SSLGC access to the parcels where the property owners are not willing to voluntarily sign an entry agreement. Council Action Staff is seeking authorization to begin the land acquisition process for the building of a parallel water pipeline from the SSLGC booster pump station in Seguin to the City of Schertz water system. The City's responsibility is to do this land work for the pipeline route from Gembler Road in Marion to the City of Schertz. This includes approximately 48 parcels of land. This land acquisition process has several steps. The first step is a Right of Entry. The Right of Entry gives SSLGC authority to enter private property to survey the land, do geologic and environmental testing and to determine the best route for the proposed pipeline. This process will disturb the land for the geologic and environmental testing (boring for samples, etc) but this disturbance should be minimal. The Right of Entry step is ideally a voluntary process. A contracted land agent has been working with the land owners to seek a voluntary Right of Entry for each parcel of land. To date, the land owners along the proposed route from Gembler Road to Main Street and Schaefer Road in Cibolo have all signed voluntary Right of Entry documents. Land owners from Cibolo to the Schertz water plant are being contacted at this time so the status of these parcels remains unknown. If a property owner declines to sign a voluntary Right of Entry, despite numerous attempts and numerous discussions, the City has the ability to go to court to obtain an injunction that allows the City to access the private land for the surveying and testing phase of the project. This process gives the property owner the opportunity to be heard by a judge before the injunction is granted. Once the entire route of the project is surveyed and tested, the project can be completely designed. Once the design process is complete, the final route of the pipeline will be completely known and the land acquisition process will move to step two: the purchase of easements for the placement of the pipeline. Again, the process of purchasing easements will be a voluntary process of negotiations around the appraised value of the land the easement will cross followed by agreeing to a purchase price and then the actual purchase of the easement. However, like the Right of Entry process, it is likely that some property owners may be reluctant to voluntarily allow the City to purchase easements or may want more dollars than the land has been appraised. If this occurs, then the process of land condemnation would begin whereby legal proceedings determine the fair market value of the land and the land is purchased by the City at that value against the will of the property owner. It is noteworthy to mention that the City and SSLGC will not be purchasing land, but easements across that land. This easement will be a 30' wide path over which the landowner cannot legally build or construct any permanent improvement. It does not however preclude the landowner from using the land for livestock, farming or any other use that does not involve a permanent improvement over the easement. By acting to authorize the City Attorney to conduct Right of Entry work as necessary the City Council is beginning the land acquisition process for the construction of the SSLGC parallel pipeline. Community Benefit The construction of a parallel pipeline for water transmission to Schertz by SSLGC is necessary to have the water volumes available for our community after 2021. With our community's growth and increased water demand, we are approaching a time where the current single pipeline will reach its capacity and limit the amount of water we can obtain in our transmission system for our citizens. Additionally, a parallel pipeline will also give us redundancy and security in the event of a catastrophic failure of our current pipeline. Summary of Recommended Action City staff recommends that City Council approve Resolution 17 — R — 06 authorizing the City Attorney to move forward obtaining rights of entry for surveying and geologic testing necessary to determine the final route of a parallel water line for SSLGC. FISCAL IMPACT The engineering phase of the pipeline project is included in the overall expenses of constructing the parallel pipeline. The costs of this project are being financed for SSLGC through funds from the Texas Water Development Board. All costs incurred by the City will be reimbursed by SSLGC's bond funds from TWDB. RECOMMENDATION Staff recommends Council approval of Resolution 17 -R -06. ATTACHMENTS Resolution 17 -R -06 Description of work to be done under Right of Entry Property listing for parallel pipeline proposed route Parallel Pipeline Project description and map of property parcels Right of Way Agent process outline for obtaining Rights of Entry RESOLUTION NO. 17 -R -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE FILING OF A PETITION FOR INJUNCTIVE RELIEF TO GAIN NECESSARY ACCESS FOR DETERMINING THE LOCATION OF EASEMENTS AND IN ANTICIPATION OF FUTURE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE SAID EASEMENTS NECESSARY FOR THE COMPLETION OF THE SCHERTZ - SEGUIN LOCAL GOVERNMENT CORPORATION'S ( "SSLGC ") SECONDARY PIPELINE AND WATER INFRASTRUCTURE IMPROVEMENT PROJECT. WHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter 21 of the Texas Property Code; and WHEREAS, under that statute a governmental entity exercising the power of eminent domain must first authorize the initiation of the condemnation proceeding at a public meeting by a record vote adopting a resolution, ordinance, or order; and WHEREAS, to address the ongoing water needs of the City of Schertz, the SSLGC is constructing additional public infrastructure to transmit water from the SSLGC to the City of Schertz area. The purpose of constructing this additional infrastructure is to provide additional water to the Schertz area necessary to accommodate its growing population and because the existing SSLGC pipeline has exhausted its capacity; and WHEREAS, the proposed infrastructure improvements will be installed in either existing permanent pipeline easements held by the City or in new or expanded permanent easements necessary to accommodate the construction, use and maintenance of water pipelines and other infrastructure; and WHEREAS, the proposed easements which will be held by the City will be located in a manner to minimize impacts on the properties; and WHEREAS, to facilitate the construction of the pipelines and other infrastructure improvements and appurtenances, temporary construction easements will also be obtained adjacent to the permanent easements to provide the City and its agents and contractors with adequate space for construction activities; and WHEREAS, because this project involves the health safety and welfare of the public, time is of the essence, and the City of Schertz finds it necessary to gain access to certain properties whose owners refuse or otherwise have not granted permission to the city to access their property to complete surveying, geotechnical testing, soil sampling, appraisal activities and other necessary activities to determine the best route for the pipelines and other infrastructure as needed; and 1 WHEREAS, under Texas law, an entity with eminent domain power has the right to compel an owner to provide access to their property for the purpose of conducting surveying, geotechnical testing, soil sampling, appraisals and other necessary activities to identify the suitability and scope of property the entity will need to complete a public project and that such right is incidental to the entity's power of eminent domain. WHEREAS, city staff have identified certain properties which need to be examined and evaluated through the testing described herein for the purposes described herein and have unsuccessfully made several attempts to obtain permission from owners of these properties to access their property to conduct the necessary testing and other necessary activities; and WHEREAS, the city council finds that the work city staff has done to seek permission from all landowners identified as owners of properties needed for testing and analysis is sufficient and that further legal action is necessary to move this important public project forward; and WHEREAS, the city council finds that it is anticipated that the City will need to obtain an injunction to gain access and then seek further authority from the City Council following the testing to begin the eminent domain process to condemn the temporary and permanent easements for the placement of the above described water infrastructure, pipeline and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Part l: That the City of Schertz, Texas by and through its City Manager or his designee and its City Attorney, is hereby authorized to seek injunctive relief to gain access to any and all properties identified by city staff to conduct surveying, geotechnical testing, soil sampling, appraisals and other necessary activities to identify the suitability and scope of property the City will need to complete the SSLGC project. The specific work to be done is attached hereto in Exhibit A and is incorporated herein for all purposes. A list of the properties for which the above described testing is attached hereto as Exhibit B and is incorporated herein for all purposes. A more detailed description of the project described herein is attached as Exhibit C and is incorporated herein for all purposes. Part 2. That the City of Schertz finds that to protect the health, safety and welfare of the citizens of the City of Schertz the City may use of the power of eminent domain to acquire permanent and temporary easements for the Project depicted and described in Exhibit C for the public purpose of construction of pipelines and appurtenances necessary to transfer water to the City of Schertz area. Part 3. That the City of Schertz may authorize the use of eminent domain by separate action for the properties listed in Exhibit B once the activities listed in Exhibit A are complete and specific easement path has been determined. ADOPTED this 14th day of February, 2017. 2 APPROVED: Mayor of Schertz ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 1 L O C A L G O V E R N M E N T C O R P O R A T I O N Landowner does hereby grant permission for representatives of the Schertz /Seguin Local Government Corporation, Walker Partners, Horizon, Stateside Right of Way Services, and Menn and Associates to enter my property located at Site Address, or described as Legal Description, in Guadalupe County, Texas (Guadalupe County Appraisal District Property ID 00000) for appraisal purposes and for the purposes of making boundary, topographic, environmental, archeological, and geotechnical surveys in connection with a water supply project for the Schertz /Seguin Local Government Corporation. This permit shall be in effect for one year from this date, , of , 20, (Owner's Signature) (Owner's Signature) (Address Line 1) (Address Line 2) (Phone Number) Tenant /Lessee Information: Owner hereby ❑gives 0does not give permission to contact tenant /lessee named below: Name: Phone Number(s): _ Email: Special Instructions: (home) (cell) 2/10/2017 COLOR CODE ATTORNEY O' 2/ , i P CKETTGOI PKO FRORMBNFROSTTER SENT .rlCSiCi� y 121 �}il of Way Srrviccs � PACKET GOING TO FROST BY 2/21117 2121 IF NO ROE C-r"Mjdz i PACKET GOING TO JAMEENE BY Z/21 IF NO ROE ROE Signed /Received L D C p L G O V E R N M E N T C O R P O R .4 T 1 0 N SPECIAL INSTRUCTIONS NEED TITLE COMMITMENT (Title Column Only) SECONDARY PIPELINE PROJECT DELETED FROM LINE Page 1 & 9 GCAD Legal Description Notification LetterfROE ROE Survey Title Commitmen , GCAD Total Land Value GCAD Improv. GCAD Total MARKET 105 SUR: A C COLLAZO LUIS & ERIKA DAVIS (5.243 AC) 460 LEISSNER SCHOOL ABS: 288 SUR: H M GU(II) 001 110572 RD DV2, HS SWIFT (1.507 AC) 12/2/16 12/9/16 12/2012016 $ 105,493 $ 349,293 $ 454,786 SEGUIN, TX 78155 6.75 AC 1/3/2017 830 -491 -9307 460 LEISSNER SCHOOL RD, SEGUIN, TX SILVA FERNANDO JR ABS: 105 SUR: A C 12/2/2016 GU(II) 002.A 62476 550 LEISSNER SCHOOL _ DAVIS 8.892 AC. Resent 12/20/2016 $ 84,388 $ _ $ 84'388 RD 550 LEISSNER CMRR 1/26/17 *83,099 SEGUIN, TX 78155 SCHOOL RD 1/20/17 SILVA FERNANDO JR ABS: 288 SUR: H M 12/2/2016 550 LEISSNER SCHOOL SWIFT 1.398 AC. Resent 12120116 $ 13,267 GU(II) 002.B 110565 RD 556 LEISSNER CMRR 1/26/2017 *13,064 $ _ $ 13,267 SEGUIN, TX 78155 SCHOOL RD 1/20/17 FRANKLIN JIMMY DEAN & ABS: 288 SUR: H M 1212/2016 GU(II) 003 110568 JANET CREEK ROAD 332 ELM CREEK - SWIFT 33.724 AC. Resent 218/17 1212012016 $ 232,414 $ 12,636 $ 245,050 SEGUIN, 78155 332 ELM CREEK RD CMRR 211/2017 *229,446 210 -422 2-- 0304 SEGUIN, TX 78155 1117117 PRIDGEN RICKY A & KECIAA ABS: 288 SUR: HM GU(II) 004 110569 14220 FM 725 _ SWIFT 17.0940 AC. 1212/16 1/6/17 12120/2016 $ 135,197 $ 11620 $ 141,817 SEGUIN, TX 78155 SEGUIN 2/3/2017 *133,693 830- 708 -9059 parksengine@gmaii.com POPE NANCY ABS: 288 SUR: H M 12/20/2016 $ 436,490 GU(II) 005 70087 13884 FM 725 SEGUIN, TX 78155 - SWIFT 92.280 AC. 13884 ELM CREEK RD 12/2/16 1/23/17 2/312017 *413,835 $ - $ 436,490 SMITH SAMMY L & MARY 1212/2016 FRANCES ABS: 288 SUR: H M Resent 12/20/2016 120120 79, $ 179,126 GU(II) 006 70130 1475 GOLD DUST RD SEGUIN, TX 78155 - GU 73 SWIFT 42.0200 AC. GOLD DUST RD CMRR 1/25/2017 *175,365 $ 15,371 $ 194,497 Phone 830- 303 -1609 1118117 ABS: 3 SUR: ISAAC WOEHLER LYDIA & BAKER & ABS: 104 12/212016 EDWARD WOEHLER JR SUR: G W DAV IS & Resent 12/20/2016 $ 956,879 GU(II) 007 50487 12100 FM 725 ABS: 288 SUR: H M CMRR 2/112017 *939,104 $ 31,054 $ 987,933 SEGUIN, TX 78155 SWIFT 1/17/17 13230 FM 725 SEGUIN, TX 78155 NOLTE MATTHEW J & 12/212016 STEPHANIE J ABS: 288 SUR: H M Resent 12/20/2016 $ 129,331 GU(II) 008 70121 3411 ZACHARY ST SEGUIN, TX 78155 -7318 - SWIFT 27.046 ACS. GOLD DUST RD CMRR 2/1/2017 *126,434 $ $ 129,331 830 - 243 -2664 1/18/17 WOEHLER EDWARD JR ABS: 104 SUR: G W 12/2/2016 Resent 12/20/2016 $ 186,393 GU(II) 009.A 62468 12100 FM 725 SEGUIN, TX 78155 - DAVIS 45.5000 AC. 693 GOLD DUST RD CMRR 211/2017 *184,026 $ 28,349 $ 214,742 1/17/17 WOEHLER EDWARD JR ABS: 62 SUR: J D 1212/2016 Resent 12/20/2016 $ 104,462 GU(II) 009.6 60925 12100 FM 725 - BROWN 25.5000 AC. *103,667 $ - $ 104,462 SEGUIN, TX 78155 GOLD DUST RD CMRR 2/1/2017 1/17/17 LAWSON ALICE LOT: 28 BLK: 2 GU(II) 010 34084 706 E BISMARK ST GU 77 ADDN: MUEHLSVILLE 12/2/16 1219116 12/20/2016/ $ 170,732 $ 5,134 $ 180,866 SEGUIN, TX 78155 30.0600 AC. 1/3/2017 *166,944 Phone 830 - 379 -4542 GOLD DUST RD Page 1 & 9 2/10/2017 Parcel # GCAD ID# GCAD Owner Name Mailing Address Contact Information DYESS DALE & SUSAN Z E-pfl- Old # Legal Description Site Address LOT: 22 ELK: 2 Notification Lefter/ROE Mailed ROE Received survey Received Title t C.runnitnuen Requestedl Received ToGta'I ALaDnd Value *Agriculture Reduction GCAD Improv. Value GCAD Total MARKET Value GU(II) 011 34077 ETAL - GU 78 ADDN: MUEHLSVILLE 1212/16 12/12/16 12/20/2016 $ 137,499 $ _ $ 137,499 T 781 SEGUIN, TX 78155 GUI 42.0000 AC. 1/312017 *133,659 , Phone 830 -401 -1471 GIN RD GONZALESARTURO LOT: 16 ELK: ADDN: GU(II) 012 17294 1270 LONGHORN TRL HS CAMINO DIAZ 5.3500 12/2/16 1219/16 12/20/2016 $ 78,305 $ 75,596 $ 153,901 SEGUIN, TX 78155 AC. 1/3/2017 830 -822 -7776 1270 LONGHORN TRL STATON MARIEA -VLB 15 BLK; ADDN. GU(II) 013 17293 1302 LONGHORN TRAIL DV4 CAMINO DIAZ 12/2/16 1/26117 12120/16 $ 73,305 $ - $ 73,305 SEGUIN, TX 7815 1302 LONGHORN TRL 1/19/2017 830- 556 -2931 YOUNG RANDY W 12/2/2016 12/20/16 GU(II) 014 17292 1350 LONGHORN TRL HS CAMINO DIAZ LOT:14 Resent 1/30117 1/1912017 $ 45,524 $ 32,631 $ 78,155 SEGUIN, TX 78155 1350 LONGHORN TRL CMRR 210 - 290 -6581 1118117 COKER CARLTON LOT: 11 BLK: ADDN: GU(II) 015 17289 1267 BITTERS ROAD CAMINO DIAZ 8.0000 12/2/16 12/19/16 12/20/2016 $ 73,690 $ _ $ 73,690 SAN ANTONIO, TX 78216 AC. 1/3/2017 *72,530 210 -865 -0665 LONGHORN TRAIL COKERJAMES LOT: 8 BLK: ADDN: GU(II) 016 17285 1267 BITTERS ROAD _ CAMINO DIAZ 12.3400 12/2/16 12119/16 12/20/2016 $ 47,825 $ _ $ 47,825 SAN ANTONIO, TX 78216 AC. 1/3/2017 *37,711 LONGHORN TRAIL Cecilia CARLTON LOT: 10 BLK: ADDN: GU(II) 017 17288 1267 BITTERS ROAD CAMINO DIAZ 11.1600 12/2116 12/19/16 12/20/2016 $ 74,918 $ $ 74,918 SAN ANTONIO, TX 78216 AC. 1/3/2017 *65,090 210 -865 -0665 LONGHORN TRAIL LOT: 12 BLK: ADDN: JUAN & PERCILLA GOMEZ CAMINO DIAZ 9.8600 12/2/2016 12/20/2016 GU(II) 018 17290 9727 COPPER ROCK - AC. CMRR Sent $ 77,733 $ 21,374 $ 99,107 CONVERSE, TX 78109 1480 LONGHORN 1117117 2/3/2017 TRAIL MILLENNIUM INTERESTS ABS: 62 SUR: J D GU(II) 019 141578 LTD - BROWN 1 ACS. CMRR Sent 12/20/17 $ 118,219 $ - $ 118,219 PO BOX 130179 PRAIRIE HILL ILL R RD 1/17/17 2/1/2017 -115,415 HOUSTON, TX 77219 NAZARIO LOUISE, SUSAN MCCURTY & TIMOTHY ABS: 62 SUR: J D 12/20/2016 GU(II) 020 60887 MICHAEL CRAMER - BROWN 10.02 AC. 12/2/16 12/19/16 $ 96,366 $ - $ 96,366 375 PRAIRIE HILL 375 PRAIRIE HILL 1/3/2017 SEGUIN, TX 78155 -8502 ROJAS JUAN & SONIA ABS: SUR: J D GU(II) 021 148516 500 GALLAGHER RD - BROWN N AC. 12/2/16 12/21/16 12120116 $ 99,275 $ - $ 99,275 MCQUEENEY, TX 78123 830 - 556 -1917 33 PRAIRIE IE HILL ESCOBEDO MANUEL S & LOT: 1 ADDN: GU(II) 022 134883 RAQUEL 255 Paine Hill - GALVAN 1:5300AC 12/2/16 1/25117 12/20/16 $ 38,679 $ 6,698 $ 45,377 SEGUIN, TX 78155 MH= 7X50600071 1/25/2017 830 -556 -4166 255 PRAIRIE HILL MINICA EZEKIEL J & ABS: 94 SUR: FELIX KAREN CHENAULT 48.4850 12120/2016 $ 217,056 GU(II) 023 62114 264 PRAIRIE HILL SEGUIN, TX 78155 - AC. 264 PRAIRIE HILL 12/2116 12127/16 2/3/2017 '210,767 $ 4,029 $ 221,085 210 - 849 -9234 SEGUIN, TX 78155 SCHEFFEL ALFORD J c/o Cindy Bielke, has POA 5123 Starfire ABS: 298 SUR: P D 12/20/2016 $ 343,642 GU(II) 024.A 70478 San Antonio, TX 78219 210 - 535 -0486 cell - GU 86 SMITH 23.2250 AC. IH 10 12/2/16 1/31/17 2/3/2017 `340,716 $ _ $ 343,642 210 - 357 -1420 work cbielke @redmac.net Page 2 of 9 2/10/2017 Page 3 of 9 GCAD Legal Notification Title ToGta'I ALaDnd GCAD GCAD Parcel # GCAD ID# Owner Name Mailing Address E-Pfi- Old # Description Site Address Lefter/ROE Mailed ROE Received survey Received C-unitnuen t Requested I Received Value l.prov. Value Total MARKET Value Contact Information SCHEFFEL ALFORD J Reduction c/o Cindy Bielke, has PDA 5123 Starfire ABS: 298 SUR: P D 12/2012016 $ 101,451 GU(II) 024.8 70476 San Antonio, TX 78219 - GU 86 SMITH 3.2600 AC. 12/2/16 1131/17 2/1/2077 `101,040 $ $ 101,451 210- 535 -0486 cell IH 10 210 - 357 -1420 work cbielke@mdmac.net SCHEFFEL WILBURN H & LOLA U c/o Beverly S-ch ABS: 298 SUR: P D 12/20/2016 $ 424,932 GU(II) 025 70481 13504 Arbor Hill Cove _ GU87 SMITH 96.8300 AC. IH 10 12/2/16 1/27/2017 "414,906 $ $ 424,932 Manor. TX 78653 512- 272 -8214 SCHUMANN DAVID GLENN & CANDYCE JEAN GU 88 ABS: 298 SUR: P D 12/2/2016 12120/2016 $ 374,587 GU(II) 026 70467 1006 PIONEER RD _ GU88AA SMITH 90.0000 AC. 1215/2016 21112017 "360,883 $ _ $ 374,587 SEGUIN, TX 78155 1060 PIONEER RD 210 -844 -7140 WIEDERSTEIN EVELYN ABS 113 SUR 2001 STAGECOACH RD JACOB DURST 45.747 $ 351,530 GU(II) 027 62807 SEGUIN, TX 78155 -1322 830 - 305 -2471 Dale _ AC 12/2/16 1/25117 12/20/16 '344,549 $ 6 $ 351,536 Wiederstein STAGECOACH RD MERGELE DOLLIE FAYE ABS: 113 SUR: GU(II) 028.A 62808 2535 STAGECOACH - GU 89 JACOB DURST CMRR Sent 219/17 12/20/2016 $ 137,262 $ $ 137,262 SEGUIN, TX 78155 -94343 0 20.7125 AC. 1/17/17 2/1/2017 '133,973 PIONEER RD MERGELE DOLLIE FAYE ABS: 113 SUR: GU(II) 028.8 62759 2535 STAGECOACH RD - GU 89 JACOB DURST CMRR Sent 2/9/17 12/20/2016 $ 109,614 $ $ 109,614 SEGUIN, TX 78155 -9430 16.5405 AC. 1/17/17 2/1/2017 - 106,760 STAGECOACH RD s DRIES ROBERT R & LISA K ABS: 113 SUR: 2300 STAGECOACH RD JACOB DURST 7.6630 GU(II) 029 62767 SEGUIN, TX 78155 HS AC. 12/2116 12/21116 12/20/16 $ 81,373 $ 139,681 $ 221,054 830 - 303 -4938 2300 STAGECOACH 1119/2017 '210 - 608 -4459 cell RD SEGUIN, TX GRIMM GEORGE III & SHERRY GU(II) 030 62805 6652 FM 725 ABS:113 SUR: JACOB 12/2/16 1/25/17 12/20/2016 148,555"37,67 3,122 151,677 NEW BRAUNFELS, TX 78130 - GU 89B DURST 15.8600 AC 1576 PIONEER RD 2/3/2017 $ $ 830- 557 -5625 (Sherry office) 830 -305 -1165 (Sherry cell) SCHMOEKEL DORA C ABS: 113 SUR: GU(II) 031 62Z -.. 1722 PIONEER RD _ GU 91 JACOB DURST 50..440 1212/16 12/20/2016 . - 4 $ 250 $ 230,966 SEGUIN, TX AC. CMRR Sent 830 - 557 - PIO.. 1117/17 MARTIN SHARLENE BUCH P.O. Box 192 ABS: 113 SUR: 12/2/16 GU(II) 032 62751 MARION, TX 78124 -2072 - JACOB DURST CMRR Sent 12/20116 $ 339,138 $ $ 339,138 '830- 305 -3014 (cell) 76.7000 AC. 1/30/17 2/1/2017 '325,749 830- 914 -4120 PIONEER RD RHRP LLC ABS: 113 SUR: Attn: Charmaine Baca JACOB DURST 80.99 1212012016 $ 310,811 GU(II) 033 62788 PO BOX 838 MARION, 78124 AC. 1212/16 1/17/17 2/3/2017 '292,316 $ 3,894 $ 314,705 6- 210 - 896792 2574 PIONER RD LACKEY CHARLES R ABS: 113 SUR: 62784 1373 WOSNIG ROAD JACOB DURST 10.61 12/2116 12/14/16 1212012016 $ 122,997 $ 19,560 $ 142,557 MARION, TX 78124 AC. 113/2017 '116,748 830 - 660 -7896 1373 WOSNIG RD GARCIA FRANK & ABS: 113 SUR: DEBORAH & ALVARADO E JACOB DURST JACOB 12/20/2016 $ 158,984 62787 124 BROOKBEND CIBOLO, TX 78108 -3283 - GU 94A 12/2/16 12/19/16 1/3/2017 '153,118 $ 2,520 $ 161,504 210 -422 -7109 1440 WOSNIG RD Page 3 of 9 2/10/2017 Parcel # GCAD ID# GCAD Owner Name Mailing Address Contact Information KUTZ GLENN JEFFREY E—ptj— Old Legal Description Site Address ABS: 113 SUR: Notification Lefter/ROE Mailed ROE Received Survey Received Title C.mmitme. t Requestedl Received GCAD Total Land Value Reduction GCAD Irnprov. Value GCAD Total MARKET Value GU(II) 036 141425 12760 HWY 239 W GU 93 & JACOB DURST 11.3330 1212116 1125117 1212012016 $ 98,008 $ _ $ 98,008 GOLIAD, TX 77963 GU 95 AC. 213/2017 *95,991 830- 305 -3575 PIONEER RD Atilano "Willy" G (III) & Amy L Aguero P.O. Box 82 ABS: 113 SUR: JACOB Sent CMRR Rqst - GU(II) 036.1 141426 Marion, TX 78124 DURST 14 AC. WOSNIG RD 1130/17 2/8/17 1/26/2017 830 -832 -7125 cell aaguero@springshill.org WINSTON KENNETH & ABS: 113 SUR: DEBORAH L JACOB DURST 12120/2016 $ 120,218 GU(II) 037 62791 PO BOX 744 MARION, 78124 10.7950 AC. 1/18117 216/17 2/3/2017 '111,054 $ - $ 120,218 210 - 867 -7- 3884 1620 WOSNIG RD KUTZ FRED MICHAEL ABS: 113 SUR: GU(II) 038 62793 PO BOX 302 GU 97 JACOB DURST 1212116 1125/17 12120/2016 $ 237,625 $ _ $ 237,625 MARION, TX 78124 36.9600 AC. 213/2017 '231,046 210 - 392 -1360 PIONEER RD HAMILTON KUTZ JR. TRUSTEE ABS: 113 SUR: DUSTY EDWARD KUTZ GU 98 & JACOB DURST CMRR Sent 12/20/2016 $ 159,934 GU(II) 039 62794 TRUSTEE 824 Gunnery Hill Road - GU 99 18.4450 AC. 1/17/17 2/8/17 1/25/2017 *154,281 $ - $ 156,934 Spotsylvania, VA 22554 PIONEER RD 210 -837 -7087 KUTZ DARREN RAY TRUST ABS: 113 SUR: C/O DARREN RA KUTZ JACOB DURST 12/20/2016 $ 82,597 GU(II) 040 62795 TRUSTEE 2646 STAGECOACH - 18.4450 AC. 1212/16 1/25/17 2/10/17 "80,614 $ _ $ 82,597 SEGUIN, TX 78155 PIONEER RD 830 - 305 -0284 Wayne Looff, LOOFF JEFFREY N & KAREN ABS: 113 SUR: GU(II) 041 62749 LOOFF CARELTON JACOB DURST 12/2/16 1/6/17 12/20/2016 $ 253,053 $ 253,053 419 HOLLUB LN _ CU 99A 77.8000 AC. 2/10/17 '247,011 $ SEGUIN, TX 78155 -0995 WOSNIG RD 210 -862 -4888 (Wayne cell) DREYER ALTON W UNIFIED CREDIT TRUST GAYLE LYNN STROH & SUSAN K DREYER 1212/2016 ZIPERMAN CO TRUSTEES Resent 7958 FM 1044 GU 100, ABS: 52 SUR: CMRR GU(II) 042A 60163 MARION, TX 78124 GU WILLIAM BRACKEN to Owner 12/20/2016 $ 513,892 $ 15,416 $ 529,308 Phone 8301120 -3152 (Gayle 100A, 129.4900 AC. and 1/23/2017 '497,661 Stroh) GU 101 FM 78 Attorney Attorney: Melvin Nolte, Jr. Nolte 175 North Market Street 212/17 New Braunfels, TX 78130 830 - 625 -7305 DREYER ALTON W UNIFIED CREDIT TRUST GAYLE LYNN STROH & 1212/2016 SUSAN K DREYER Resent ZIPERMAN CO TRUSTEES 7958 FM 1044 GU 100, ABS: 281 SUR: CMRR GU(II) 042.8 69940 MARION, TX 78124 - GU JAMES ROW DEN to Owner 12/2012016 $ 250,986 $ - $ 250,986 Phone 830-420-3152 (Gayle 100A, 62.0000 AC. and 1/23/2017 '241,892 Strroh) oh) GU 101 FM 78 Attorney Attorney: Melvin Nolte, Jr. Nolte 175 North Market Street 212117 New Braunfels, TX 78130 830 - 625 -7305 2/10/2017 Page 5 of 9 ID# GCAD Mailing Address Contact Information STEFFEN LEOMA & Legal Site Address Notification Mailed ROE Received Survey Received Title t Received ToGta'I ALaDnd A Val.. griculture Reduction GCAD l.prov. Value GCAD Total MARKET Value MARSHA BRADLEY RENA DREYER - LIFE ABS: 281 SUR: GU(11) 043 69944 ESTATE JAMES ROWDEN 12/2/16 12/15116 1212012016 $ 203,089 $ 1,811 $ 204,900 1671 E. FM 78 MARION, TX 78124 87.940 AC. 1/3/2017 `198,374 Phone 830- 914 -2163 (Leoma FM 78 home) 830 - 822 -1000 (Leoma cell) STEFFEN CALVIN & LEOMA ABS: 281 SUR: GU(II) 044 69949 213 SCHWAB RD _ GU 103A JAMES ROWDEN 12/2116 12114116 1212012016 $ 192,197 $ _ $ 192,197 MARION, TX 78124 -5007 24.219 AC. 113/2017 `188,685 830- 914 -2163 (Leoma home SCHWAB RD 830 -822 -1000 (Leoma cell) KRAUSE PETER B & MELANIE J ABS: 281 SUR: Reg Mail GU(II) 045 136628 311 SCHWAB ROAD JAMES ROWDEN .67 12/2116 2/712017 12/20/16 $ 15,990 $ - $ 15,990 MARION, TX 78124 AC. CMRR Sent 112612017 210- 872 -6355 SCHWAB RD 1130/17 210- 867 -0353 (Melanie cell) ENGEL FARMS LLC 290 ELGEL RD ABS: 281 SUR: Reg Mail GU(II) 046.A 137841 NEW BRAUNFELS, TX JAMES ROWDEN 12/2/16 12/20/16 $ 42,525 $ $ 42,525 78132 _ 10.305 AC. CMRR Sent 1123/2017 *41,031 210 -831 -6799 home SCHWAB RD 1117/17 830- 608 -1919 wk ENGEL FARMS LLC 290 ELGEL RD ABS: 270 SUR: C Reg Mail GU(II) 0463 137843 NEW BRAUNFELS, TX _ RECTOR 80.20 AC 12/2/16 12/20116 $ 330,959 $ _ $ 330,959 78132 SCHWAB RD CMRR Sent 112312017 *319,395 210 -831 -6799 home 1117117 830 - 608 -1919 wk GEMBLER CLINTON JR ABS: 270 SUR: C GU(II) 047 69276 633 GEMBLER RD _ RECTOR 87.681 AC 12/2116 12119/16 12/20/2016 $ 345,728 $ _ $ 345,728 MARION, TX 78124 SCHWAB RD 1/3/2017 `330,121 210 -867 -2417 PEACH RALPH M C/O CORRIE PEACH ABS: 270 SUR: C 5119 SPRING ASH RECTOR 1.2040AC Reg Mail 12/20/16 GU(II) 048 69287 SAN ANTONIO, TX 78247- 1827 - MH= NTA0824828/829 12/2116 CMRR Sent 1/23/2017 $ 25,014 $ 57,199 $ 82,213 917 - 991 -9241 (Cowie cell) 565 GEMBLER RD 1/17/2017 212 - 906 -1824 (Cowie work) KOCH REFINING CO ATTN: Derek Wilfong ABS: 270 SUR: C 12/20/2016 GU(II) 049 69264 IH 37 - RECTOR 10.8700 AC. 12/2/16 1117117 $ 67,007 $ 2,731 $ 69,738 Corpus Christi, TX 78409 GEMBLER RD 2/9/17 361- 242 -5550 GARZA VICTOR JR 8 MARIE GU ABS: 270 SUR: C GU(II) 050 69329 1 PO BOX 154 - GU & GU RECTOR 90.8200 AC. 1212/16 1/25/17 12/20/2016 415,811 ?400,89 $ 52,953 $ 468,764 MARION, 78124 110 853 FM 465 1/252017 2- 210- 912 -0454 MARION, TX 78124 POZOS JUAN R & LOT: 1 ELK: 1 ADDN: IA HPO OTHER, PRAIRIE DOVE 5.1600 12/20/16 GU(II)051 37166 BOX BOX7 12/2/16 12/19116 $ 83,905 $ 39,734 $ 123,639 MARION, IO 78124 ITS AC. 1/3/2017 9- 830 -469 -9108 645 FM 465 Page 5 of 9 2/10/2017 Parcel # GCAD ID# GCAD Owner Name Mailing Address Contact Information E-pfl- Old # Legal Description Site Address Notification Lefter/ROE Mailed ROE Received survey Received Title t C.mmitmen Requestedl Received ToGta'I ALaDnd Value GCAD l.prov. Value SCAD Total MARKET "Ag DMK Land Development LLC .16 Reduction c/o Dale Koehler ABS: 27 -SUR: C GU(II) 051.1A 69530 1326 Lower Seguin Road RECTOR 50 AC Sent CMRR Rqst 1/26/20 Marion, TX 78124 WOODS @ ST. CLAIRE 1/30117 210/17 7 210 - 721 -2073 FM465 dalekoehler @sbcglobal.net DMK Land Development LLC WOODS @ST.CLAIRE c/o Dale Koehler UNIT #2 LOT 40 1 AC Rqst GU(II) 051.1B 163095 1326 Lower Seguin Road 153 SIENNA WOODS Sent CM 1/26/2017 Marion, TX 78124 WOODS OF SR. 1/30/17 2110117 210 -721 -2073 CLAIRE dalekoehler@sbcglobal.net MARION ISO Rqst GU(II) 51.2 159472 Kelly Walters, 1/26/20120 Superintendent 210/17 7 kwalters @marionisd.net SIMMONS DONNA L ABS: 270 SUR: C 69529 1609 GOLDEN SAGE DR _ RECTOR 102.91 AC. 12/2116 12/9116 `01(03/17 $ 450,862 $ _ $ 450,862 r SEGUIN, TX 78155 SANTA CLARA RD `434,043 830 - .556 -3542 SANTA CLARA CREEK LLC c/o Randy Ruedrich ABS: 270 SUR: C 12120116 $ 525,736 GU(II) 053.A 69413 1515 W. 13TH AVE ANCHORAGE, AK 99501 - RECTOR 120.0000 AC. SANTA CLARA RD 1212116 1/17/17 1/25/2017 `514,166 $ 500 $ 526,236 907- 222 -7531 SANTA CLARA CREEK LLC Go Randy Ruedrich ABS: 270 SUR: C 16 11/2220//20117 $ 133,703 GU(II) 053.13 147408 1515 W. 13TH AVE ANCHORAGE, AK 99501 RECTOR 30.5180 AC. SANTA CLARA RD 12/2/16 1/17/17 `128,271 $ - $ 133,703 907 - 222 -7531 FOUR FARMS LLC c/o Lynn Huebinger ABS: 270 SUR: C 12/20/2016 $ 340,297 GU(II) 054 69323 203 DAYBREAK COVE BUDA, TX 78610 - RECTOR 77.2100AC. FM 78 12/2/16 12/19/16 1/3/2017 `328,154 $ 551 $ 340,848 512 - 921 -0390 RUEDRICH ROBERT L GU 115 ABS: 270 SUR: C GU(II) 055 132346 775 HOLMAN RD _ & GU RECTOR 29.50 AC. 12/2/16 1/5/17 12/20/2016 $ 209,352 $ _ $ 209,352 MARION, TX 78124 -4002 116 775 HOLMAN 2/10/17 `204,101 210 - 286 -5154 FOUR FARMS LLC ABS: 90 SUR: J N c/o Lynn Huebinger CORTINAS 29.3480 12120/2016 $ 200,622 GU(II) 056 61842 203 DAYBREAK COVE BUDA, 78610 - AC 12/2/16 12119116 113/2017 `195,918 $ - $ 200,622 512 - 921 21 -0390 SANTA CLARA RD BARTA JIMMIE PHIL ABS: 90 SUR: J N GU(II) 057 61825 5047 ROUND TABLE GU 119 CORTINAS 85.0800 12/2116 1/3/17 1212012016 $ 476,032 $ 940 $ 476,972 SAN ANTONIO, TX 78218 AC. 1/25/2017 `459,034 210 - 590 -2308 SANTA CLARA RD BRIETZKE HELEN c/o LARRY BRIETZKE ABS: 90 SUR: J N GU(II) 058 61830 111 Seibel Street GU 120 CORTINAS 104.70 122/16 1/13/17 12/2012016 $ 389,900 $ $ 389,900 MARION, TX 78124 ACS 210/17 `373,063 210- 315 -0460 Lary Bnetzke, FM 78 Helen's son, has PDA CIELENCKI STANLEY E ABS: 90 SUR: J N GU(II) 059 61833 850 CATTLE CREEK LN _ GU 121 CORTINAS 25.15 ACS. 1212/16 12116116 1212012016 $ 128,768 $ 2,230 $ 130,998 MARION, TX 78124 FM 78 1/3/2017 126,005 Phone 830- 914 -3664 ESTATE OF FRED C WAGNER ABS: 90 SUR: J N 12/20/2016 GU(II) 060 61885 c/o Shayne Davis, Executor CORTINAS 82.7900 121216 1/6/17 2/10/17 $ 544,071 $ 3,097 $ 547,168 320 PFANNSTIEL LANE AC. 532,387 MARION, TX 78124 FM 78 928- 699 -7045 Page 6 & 9 2/10/2017 Page 7 of 9 ID# GCAD Mailing Address Legal Description Site Address Notification Lefter/ROE Mailed ROE Received Survey Received Title t C.murnitmen Requestedl Received ToGta'I ALaDnd Value GCAD Irnprov. Value SCAD Total MARKET Value Contact Information ESTATE OF GLADYS M .16 Reduction PFANNSTIEL c/o Ray Joy Pfannstiel, ABS: 90 SUR: J N 12/20/2016 $ 209 772 GU(II) 061 61858 Executor 2075 PFANNSTIEL LN - GU 123 CORTINAS 73.373AC. PFANNSTIEL LN 12/2/16 1/17/17 2110117 ,199582 $ - $ 209,772 CIBOLO, TX 78108 -4009 210 - 834 -2422 ESTATE OF FRED C WAGNER ABS: 90 SUR: J N GU(II) 061.1 61879 c/o Shayne Davis, Executor CORTINAS 38 AC. 2/7/17 Rqst 1/26/2017 320 PFANNSTIEL LANE PFANNSTIEL LANE 2110/17 MARION, TX 78124 928- 699 -7045 STOLTE CLAYTON L GU(II) 062.A 61873 362 STOLTE RD _ GU 125 PFANNSTIEL LANE 122/16 1/13/17 12120/2016 $ 137,930 $ _ $ 137,930 MARION, TX 78124 2/10/17 *133,205 210 - 658 -3984 STOLTE CLAYTON L ABS: 210 SUR: GU(II) 062.13 66495 362 STOLTE RD _ GU 125 JERONIMO LEAL 12/2/16 1/13117 12/20/2016 $ 37,867 $ _ $ 37,867 MARION, TX 78124 8.0000 AC. 2/10/17 *36,443 210- 658 -3984 ARIZPE RD LAREDO CIBOLO LTD c/o John Keck ABS: 210 SUR: $ 205,928 GU(II) 063.A 66234 303 Stratford LAREDO, TX 78041 - JERONIMO LEAL 20.0970 AC 12/2/16 1/19117 12/20/16 *202,351 $ $ 205,928 956 -286 -3676 John Keck LAREDO CIBOLO LTD ABS: 210 SUR: c/o John Keck JERONIMO LEAL 12/20/16 $ 9,816 GU(II) 063.13 66233 303 Stratford LAREDO, TX 78041 =A878- 0.9580 AC. 12/2/16 1/19/17 1/25/2017 *9,645 $ - $ 9,816 956 -286 -3676 John Keck FM 78 LAREDO CIBOLO LTD ABS: 210 SUR: c/o John Keck JERONIMO LEAL $ 752,066 GU(II) 063.0 66230 303 Stratford LAREDO, TX 78041 73.396 AC. 122/16 1/19/17 12I20I76 *739,002 $ 1,433 $ 753,499 956 - 286 -3676 John Keck FM 78 CIBOLO SOUTH A SERIES ENTITY OF CIBOLO SOUTH LLC ABS: 210 SUR: GU(II) 064.A 66381 c/o Dennis Rion JERONIMO LEAL 53.45 1212116 1113/17 12/20116 $ 1,014,222 $ _ $ 1,014,222 30940 BECK ROAD AC. 1/25/2017 `1,004,708 BULVERDE, TX 78163 FM 78 210- 375 -9000 (Dennis wk) 210- 632 -2451 (Dennis cell) CIBOLO SOUTH c/o Dennis Rion ABS: 210 SUR: GU(II) 064.6 66340 30940 BECK ROAD JERONIMO LEAL 12/2/16 1/13/17 12/20116 $ 966,537 $ _ $ 966,537 BULVERDE, TX 78163 225.523 AC. 1125/2017 *926,394 210 - 375 -9000 (Dennis wk) HAECKERVILLE RD 210- 632 -2451 (Dennis cell) CAMMACK L PRENTISS & ABS: 210 SUR: MARTHA GAIL ETAL JERONIMO LEAL 12/20/16 $ 174,596 GU(II) 065 66342 14846 BEYER PATH MARION, 78124 - 86.203 AC. 122/16 1/13117 1/2512017 `158,145 $ - $ 174,596 210 - 573 -54747 9 (cell) 857 HAECKERVILLE RD LEROY TONNE ABS: 210 SUR: 509 HAECKERVILLE ROAD JERONIMO LEAL Sent CMRR Rqst • GU(II) 065.1 66527 79 AC 2/9/17 1/26/2017 CIBOLO, T 781 HAEKERVILLE RD. 1130/17 2/10/17 210-658-2145 CIBOLO, TX 78108 WEHE LAND CO LTD ABS: 57 SUR: William Rqst GU(II) 065.2 60627 630 Haecherville Road Brackin 67.3510 AC 1126/2017 Citwlo, TX 78108 Schaefer Rd. 2/10/17 CITY OF CIBOLO ABS: 57 SUR: William GU(II) 065.3 60543 200 MAIN ST Brackin 71.480 AC Rqst CIBOLO, TX 78108 Schaefer Rd. 1126/2017 Page 7 of 9 2/10/2017 GCAD Legal Notification Title ToGta'I ALaDnd GCAD GCAD ID# Mailing Address E—Pfi— Old # Description Site Address Lefter/ROE Mailed ROE Received Survey Received t Requested Received Value Irnprov. Value Total MARKET V.1u. Contact Information HM CIBOLO 151 LP Reduction Milli c/o Ellis Tudzin ABS: 57 SUR: WILLIAM 12/512016 1155 DAIRY ASHFORD RD, BRACKIN Resent 12/20/16 GU(II) 066 60555 STE 725 - $ 2,321,110 $ - S 2,321.110 HOUSTON, TX 77079 -3013 120.84 AC. CMRR 21112017 281 - 7524510 Ellis Tudzin SCHAEFER RD 1118/17 wk • CV 5055A P -5 ABS: 48 • Bexar County NON -ADJ RMS 6X(11)066.1 BCAD ID# P.O. Box 839950 4.72 AC 42775 Rqst 309450 San Antonio, TX 78283 WM BRAKEN SUB (SC) 12324 Schaefer Rd. 1/2612017 Cibolo, TX 78108 CB 50558 Blk 3 Lot 13 BCAD ID# Bexar County Lakewood Acres Rqst q 6X(11)066.2 3047 100 Dolorosa, Ste, 120E San Antonio, TX`05 .5223 AC 12724 Lyndon Dr 1/26/2017 Cibolo, TX 78108 BX(11)066.3 Unknown Road ROW Lyndon Dr. and Unknown Rqst Omar Dr. 1/2612017 CB 5472 P -2A Abs: 1301 BCAD ID# Bexar County Lakewood Acres (SC) Rqst q 6X(11)066.4 342233 P.O. Box 839950 1.00 AC 1/26/2017 San Antonio, TX 78283 12725 Omar Dr. Cibolo, TX 78108 CB 5055C BIk 3 Lot S; 354.31 FT of N 470.07 FT of Lot 7 &5361.51 FT of N 468.0 FT of LOT BCAD ID# Steven &Rowena Layton 8 LOST MEADOWS Sent CMRR qst r • • 309772 12231 Lost Meadows Drive (SC) 1130/17 1/26/2017 Schertz, TX 78108 9.91 AC 12231 Lost Meadows Drive Schertz, TX 78108 CB 5055C BIk 3 Lot N 115.76 FT of &; N Cibolo Creek Municipal 106.49 FT of 8 & N IRR BX(11)066.6 BCAD ID# Authority 506.90 FT of 9 Rqst 309773 P.O. Box 930 LOST MEADOWS (SC) 1/26/2017 Schertz, TX 78154 9.91 AC Lost Meadows Dr. Schanz, TX 78108 CB 5472 P -1 ABS:216 Cibolo Creek Municipal GD APPR GE#30 UR BX(11)066.7 BCAD ID# Authority AC (SC) Rqst 342230 P.O. Box 930 3.6 AC 1/26/2017 Schertz, TX 78154 Schaefer Rd. Cibolo, TX 78108 Joyce Sanchez 22116 Senna Hills LOT: 1 BLK: ADDN: San Antonio, TX 78266 CIBOLO W EST #1 GU(II)067 18726 210 - 863 -4361 Joyce 1.84 AC. Sent CMMR 2/9/17 Rqst Sanchez 170 BUFFALO LANE 1/30/17 1/26/2017 210 - 262 -3531 Alfredo Ruvalcaba Connie Amacker Sheppard ABS: 216 SUR: A S 10309 Flatland Trail LEWIS Sent CMMR Rqst GU(II) 068 66928 Converse, TX 78109 210 - 422 -3048 9.5 AC. 1/30/17 1/26/2017 c- sheppard @tamu.edu FM 78 Age Industries Inc c/o Chris Swanson SCHNEIDER 1204 Schneider INDUSTRIAL PARK GU(II) 069 123133 Cibolo, TX 78108 BLOCK 1 LOT I Sent CMMR Rqst 210 - 798 -6204 wk direct 21 AC. 1130117 1126/2017 210 - 722 -7335 cell 1204 SCHNEIDER cks@ageindustries.com DRIVE 2/10 /2017 Page 9 of 9 Connie Amacker Sheppard ABS: 216 SUR: A S GU(II) 070 67026 10309 Flatland Trail Converse, TX 78109 LEWIS Sent CMMR Rqst 210 - 422 -3048 .22 AC. FM 78 1/30/17 1/26/2017 c- sheppard @tamu.edu Lockaway Storage c/o Amy Medrano ABS: 221 SUR: G 200 Roy Richard Drive MALPAZ GU(II) 071A 67453 Schanz, TX 78154 .26 AC. Sent CMMR Rgst 210 -712 -7493 Amy Medrano FM 78 1130/17 1/26/2017 amedrano@Iockaway- storage.com Lockaway Storage c/o Amy Medrano ABS: SUR: G MALPAZ 200 Roy Richard Drive 15 AC. Sent CMMR Rqst GU(II) 0718 67452 Schanz, TX 78154 FM 78 1131/17 1/26/2017 210- 712 -7493 Amy Medrano SCHERTZ, TX 78154 amedrano@lockaway- storage.com ABS: 221 SUR: G Henry & Rosie Gutierrez MALPAZ CM Sent t CM MR Rqst Rgst GU(II) 072 67561 P.O. Box 247 61 AC. 1/30/17 1/2612017 Schertz, TX 78154 221 FM 3009 SCH ERTZ, TX 78154 Estate of Dorothy D Dietz ABS: 221 SUR: G c/o Robert Dietz, co- executor MALPAZ 8.157 AC r. 67541 908 FAWN DR SCHERTZ, TX 78154 - 225 VALLEY OAK DR 1212116 1113/17 02/10117 $ 31,091 $ 124,282 $ 155,373 210 - 651 -6957 SCHERTZ, TX 78154 SCHERTZ - CIBOLO -UC ISO c!o Matthew J. Rivera ABS: 221 SUR: G 67613 1060 ELBEL ROAD EX -XV MALPAZ 9.511 AC 12/6/16 12114/16 12/20116 $ 120,316 $ - $ 120,316 t SCHERTZ, TX 78154 217 RIVER ST 1/3/2017 210 - 945 -6223 SCHERTZ, TX 78154 Page 9 of 9 Walker 4 Partners ENGINEERS • SURVEYORS TECHNICAL MEMORANDUM Prepared For: SSLGC Prepared By: John Winkler, P. E. Project No.: Development Project Name: Parallel Pipeline Date: August 9, 2016 PARALLEL PIPELINE To clarify the existing 36" pipeline capacity, the annual capacity of the 36" pipeline is roughly 25,000 acre -feet. Divided by 12 months, the monthly capacity is 2,083 acre -feet in the 36" pipeline. On the demand side, SSLGC has contracts with SAWS, Universal City, and Selma to deliver water through the 36" pipeline. SAWS is set up to take their water (T1 Water) in equal 12 month increments. SAWS T2 water, if any is taken off peak so not included. With losses, SSLGC is required to deliver approximately 970 acre feet per month of T1 water. Selma has contracts for SSLGC to deliver 1,050 acre -feet annually to the City at a maximum rate of 1,000 gpm. Selma used 110 acre -feet last August and can take, by Contract, approximately 132 acre -feet in a month. Universal City has a contract for SSLGC to deliver up to 800 acre -feet per year at a maximum rate of 1,000 gpm. Converse used only 3.3 acre -feet last year and can take, by Contract, approximately 132 acre -feet of water. Schertz used 778 acre -feet in August 2015. A summary of the 36" pipeline capacity using this data through year 2020 is shown below. F7DW 36" Pipeline Capacity Summary August Entity 2015 Column 1 2015 Contracts Column 2 2020 Contracts Column 3 Historical Average Demand Column 4 SAWS T1 1,006 970 970 620 SAWS T2 0 0 0 230 Selma 110 132 132 60 UC 3.3 132 132 10 Schertz 778 778 857 480 Total 1,897 2,012 2,091 1,400 Pipeline Capacity 2,083 2,083 2,083 2,083 % Capacity 91.08% 96.59% 100.38% 67.21% www.walkerpartners.com I T.B.P.E. Registration No. 8053 Technical Memo.pages 36" Pipeline Memo 2 To parallel to the existing 36" pipeline in order to provide additional water from SSLGC to the City of Schertz area, numerous steps are required to complete. Some of the major items required along the critical path to install the pipeline are as follows: • Acquire Easements: Acquisition of between 90 and 100 easements, depending upon the final pipeline alignment, are required to construct the pipeline. • Final Design: Topographic survey of the approximately 95,000 linear feet of alignment and final design must be completed. These steps cannot be initiated until rights of entry are acquired from all property owners. • TWDB Approval. TWDB must approve the plans and specifications, approve the bids, and approve execution of construction contracts for the project to move forward. This process cannot begin until final design is complete. • Construction: Contractor must order pipeline and install approximately 95,000 linear feet of pipeline this task cannot begin until TWDB approval is obtained. Based on these critical path tasks, anticipated TWDB approval of funds, and execution of work orders, a tentative timeline is shown below: 36" Parallel Pipe Timeline Task Begin Date End Date Acquire Easements January 2, 2017 June 1, 2018 Final design July 1, 2017 May 1, 2018 TWDB Approval July 1, 2018 February 1, 2019 Construct Pipeline February 1, 2019 August 1, 2020 T.B.P.E. Registration No. 8053 � P• s !i xr • _. 1 .� ■ 1 wj1w - mlo�� , � 3 T FM78W _ +� 1 :is AF rf.7 f:exl ' Yf ♦, a I� „� r r � � r • ` „f' R ' OORE GARRY ARY :ra r' arvv❑ rni iniry =r 4 ,a. W_ 3ANN0N INC` r; • ,PHILLIP PAULE FINANCE 11 KENNET CIBOLO BEACH u Oak _ � r GUADALUPE COUNTY LING LINDAIF* e, 1 f � I HIM CIBOLO 151 LIP HIM CIBOLO 151 LP ♦` ,. n I • , ♦� ♦`♦ ,�. R COUN ' BEXAR COUNTY Nl. r Legend POSSIBLE REALIGNMENTS PROPOSED PIPELINE 1 -23 -17 SSLGC PIPELINE (EXISTING) CRWA FACILITIES (EXISTING) CRWA PIPELINE (EXISTING) R =V. DESCRIPTION I DATE walker Partners MGMEW•�. aM7 0 200 400 SSLGC PARALLEL PIPELINE AERIAL MAP WT CIS DOCUMBT IS . qR #, k' f R: LEASED FO THE R1 FOSE AA OF IN -ERIM REVIBi Jl, ER TFE AUTHO21l' 0- ARC PiCFESS CNAL ENG WEER .OH'1 F. 'IAWL -� wj1w - mlo�� , � 3 T FM78W _ +� 1 :is AF rf.7 f:exl ' Yf ♦, a I� „� r r � � r • ` „f' R ' OORE GARRY ARY :ra r' arvv❑ rni iniry =r 4 ,a. W_ 3ANN0N INC` r; • ,PHILLIP PAULE FINANCE 11 KENNET CIBOLO BEACH u Oak _ � r GUADALUPE COUNTY LING LINDAIF* e, 1 f � I HIM CIBOLO 151 LIP HIM CIBOLO 151 LP ♦` ,. n I • , ♦� ♦`♦ ,�. R COUN ' BEXAR COUNTY Nl. r Legend POSSIBLE REALIGNMENTS PROPOSED PIPELINE 1 -23 -17 SSLGC PIPELINE (EXISTING) CRWA FACILITIES (EXISTING) CRWA PIPELINE (EXISTING) R =V. DESCRIPTION I DATE walker Partners MGMEW•�. aM7 0 200 400 SSLGC PARALLEL PIPELINE AERIAL MAP DRAWING NQ. CIS DOCUMBT IS JFW R: LEASED FO THE R1 FOSE 777 OF IN -ERIM REVIBi Jl, ER TFE AUTHO21l' 0- ARC PiCFESS CNAL ENG WEER .OH'1 F. 'IAWL -� JFW �F ON THE DATE TE Sh SHY CHN iIH THE DAT- STAMP. IT IS NOT 70 3F USED FD[ CCNST%GIIDN, .i -,- JFW DIDDINC, DR PERJ T PUR�CSES ENTS LTD BUILDERS FIRSTS OURCE-SOUTH TEXAS LP SAS IO�G ,UAD,A" U PE y v- IA R_ EYES MA INE CITY OF CIBOLO PTIST CHURCH ALVARAD WIN MICHAEL TI ONZALEZAURORA NJ EPHA&R VW I B FAM C RRO VERONICA CAMPA DANIEL MARTINEZ ROSA ROE ID V4 SP is S TRONCOSO JOSE H IRENE B VIJ•11- A ARb E EZ M VAS M#SI CK T)�L & E • 'MWO & MAGDALENA i ANIFf"A 8 0 vja < N NNERTHELMAW U E Ri URT H & KATHERYNWAGSTER BU ,GSTER BUR >E'&,D JONAS' DE CENTO SUSAN A REU IHARON GREER JE8SICARYAN *CH r. :EY,6MES IGUE J SCHUL I CLARK Ill 8 's Ajo S." .44 j 4dM PRENTISS & MARTHA GAIL ETAL or --I V �r m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IA BU 0; 7 Legend POSSIBLE REALIGNMENTS SSLGC PIPELINE (EXISTING) PROP. PIPELINE 1-2-17 0 CRWA FACILITIES (EXISTING) CRWA PIPELINE (EXISTING) R-V. DESCRIPTION DATE walker Partners ENIGMEW o SURVEYM 0 200 400 SSLGC PARALLEL PIPELINE AERIAL MAP JFW DRAWING NO. YISWCUMEVTIS R:LEASED FO 11-E FU FOSE ARC OF IN-ERIM REVIB ACER T-E ALMORIFY 0- PiCFESS CWL ENG HE R .01-11J F. IAWL-� JFW ON THE DATE SHYNN CIH THE [)AT-- STAMP. IT IS NOT -() 3F USED FD[ CZNST%G-nDN. JFW OIDDINC, DR Plrl. 9 T PUR�CSE& W FM 78 EAST FM 78 4 �. a ' F s p; Fo- • d <: } r ' w ) to gy r _i► x b e 1 4 a i $�- ap 7 i r ' v is WAGNER FRED:0�' It A lll� r +,( � P ,, ` •'j r Kp�rA` "� ' � � '�•�i it. 6' °fir �•' !� g'!'' Arr. ? r 1 or, �� k - %F 'F #pc . ,!-�J' i• r p3r"�rs; r.Ca> P ,�, "# 6 ' Y •rr�f J . ; rl, 4 : , • r r . n BRIETZKE HELEN 4 '� '" : »'• f;: -'� ., n_ of r• r : S.., ti, r S ? r.J_ r ,•� ,.y .i rvLl .. :. : -., . .. r - ..•, icek: f ly, r r �� y� 1 i' ,%/ „•�. rrf .: -� 1 ^Y '., ,._' _� e3 Ns'?T sY Yr. �.. r -* /fy . : a , n J , ,y y. r `; ..rlF�' i'•'� <''. ..' v ,k_� 't, :� .�fl "�'�iMr L �'4pF ..YI �� �r.' '� A �m I w {� s � .. .,.,f .. � is .'. �� A•:1 - - yr� �'' 1 �� -� e� � rAh�.' VISi3 -.4, :y.r,•. + �& f 1jr,. "'f '�'' � �i�A'k�"a' "�� 2 ir; -1ri� '. 7'' 's' •Y }W � F ;' :,d -ti.` .M . ��� 'w � `�7 m i3r 0# er J s` >r' A � N a. A: r r�r�r N f� I t . i r - r f t .:� fR •. T. i j ti 3�y R �i�' I m,. � '� yr � � � WM 'S . ..P ■ A' t N It . i r d . R 4,.r� I' !r ,xi� � p � �r�r•� �� � �� �fie��n y �r , a • a 4 ` w A i r'. Legend POSSIBLE REALIGNMENTS SSLGC PIPELINE (EXISTING) PROP. PIPELINE 1 -2 -17 CRWA FACILITIES (EXISTING) CRWA PIPELINE (EXISTING) Vii, :..1 •.. R =V. DESCRIPTION DP.TC k� walker Partners ENIGMEERS • SURVEYORS 0 200 400 4 �. a ' F s p; Fo- • d <: } r ' w ) to gy r _i► x b e 1 4 a i $�- ap 7 i r ' v is WAGNER FRED:0�' It A lll� r +,( � P ,, ` •'j r Kp�rA` "� ' � � '�•�i it. 6' °fir �•' !� g'!'' Arr. ? r 1 or, �� k - %F 'F #pc . ,!-�J' i• r p3r"�rs; r.Ca> P ,�, "# 6 ' Y •rr�f J . ; rl, 4 : , • r r . n BRIETZKE HELEN 4 '� '" : »'• f;: -'� ., n_ of r• r : S.., ti, r S ? r.J_ r ,•� ,.y .i rvLl .. :. : -., . .. r - ..•, icek: f ly, r r �� y� 1 i' ,%/ „•�. rrf .: -� 1 ^Y '., ,._' _� e3 Ns'?T sY Yr. �.. r -* /fy . : a , n J , ,y y. r `; ..rlF�' i'•'� <''. ..' v ,k_� 't, :� .�fl "�'�iMr L �'4pF ..YI �� �r.' '� A �m I w {� s � .. .,.,f .. � is .'. �� A•:1 - - yr� �'' 1 �� -� e� � rAh�.' VISi3 -.4, :y.r,•. + �& f 1jr,. "'f '�'' � �i�A'k�"a' "�� 2 ir; -1ri� '. 7'' 's' •Y }W � F ;' :,d -ti.` .M . ��� 'w � `�7 m i3r 0# er J s` >r' A � N a. A: r r�r�r N f� I t . i r - r f t .:� fR •. T. i j ti 3�y R �i�' I m,. � '� yr � � � WM 'S . ..P ■ A' t N It . i r d . R 4,.r� I' !r ,xi� � p � �r�r•� �� � �� �fie��n y �r , a • a 4 ` w A i r'. Legend POSSIBLE REALIGNMENTS SSLGC PIPELINE (EXISTING) PROP. PIPELINE 1 -2 -17 CRWA FACILITIES (EXISTING) CRWA PIPELINE (EXISTING) Vii, :..1 •.. R =V. DESCRIPTION DP.TC walker Partners ENIGMEERS • SURVEYORS 0 200 400 SSLGC PARALLEL PIPELINE AERIAL MAP DRAWING NO. -HIS WCUMBT IS JFW R: LEASED FO il-E FU FGSE OF IN -ERIM REVIBi JNCER TFE ALMORIY O= ARC PiCFESS CNAL EHG NE R .01-11! F. 'IAWL -� l- RN THE DAATE TE Sh CHN iIH THE JFW _ DAT- STAMP. IT IS NOT -) 3F USED FG[ CZNST%GTDN, DIDDI C, DR PEftJT PDR�CSES JFW J 4 r- r WOEHLER LYDIA& EDWARD A WOEHILER JR -*F-wT 41w �XIIIIIIII I NOLTE MATTHEW J &STEPHANIE J 6. 1AA 4 ' v, A ♦ QtZ Vt it Ok L A, k*K V. A'- ?IT F 7 4-- low- ')RT DAVID R A o ,, , ,W.• , (51 41k ,_Jlpr Cl.:FIpllpl 4N, 06, ,J li A, X Nil, el, C MAE" vr a. 7, BRODBECK HAL & SHARR 211101 Ail" �,qr R--V. DES-CRIPTION DATE . . � - . � ..... - - - - - - .... � �a1k�r Pailners EKGnIlEERS • SURVEYORS Poo 0 200 400 40W� SSLGC 10 PARALLEL PIPELINE • AERIAL MAP lro 'o, p DRAWING NO. _HS WCUMEVT IS JFW R:LEASED `0? 11-E RU FOSE OF IN -ERIN RE4IEII4 Jl,CER I H.,.% TI-E ALMORIFY 0- PiCFESS CNAL ENG NE R ARC .OHIJ F. I r 50524 JFW 15 ON THE DATE SHYNN CIH THE DAP STAMP. Ii NOT -1) 3F C S USED `10� E T%G-nDN. OIDDINC, DP P111. 9 T PUR�CSE& JFW NOLTING ALFRED ROBERT & DEBORAH LEE' . . . . . . . . . ..... . MIT S EE SMITH 4-- low- ')RT DAVID R A o ,, , ,W.• , (51 41k ,_Jlpr Cl.:FIpllpl 4N, 06, ,J li A, X Nil, el, C MAE" vr a. 7, BRODBECK HAL & SHARR 211101 Ail" �,qr R--V. DES-CRIPTION DATE . . � - . � ..... - - - - - - .... � �a1k�r Pailners EKGnIlEERS • SURVEYORS Poo 0 200 400 40W� SSLGC 10 PARALLEL PIPELINE • AERIAL MAP lro 'o, p DRAWING NO. _HS WCUMEVT IS JFW R:LEASED `0? 11-E RU FOSE OF IN -ERIN RE4IEII4 Jl,CER I H.,.% TI-E ALMORIFY 0- PiCFESS CNAL ENG NE R ARC .OHIJ F. 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CCNSTRUC110N, V) - , t - , r, _ _ - RIDGING. 7R PCRJ T POR�CSCS JEW CITY COUNCIL MEMORANDUM City Council Meeting: February 14, 2017 Department: Agenda No. 9 City Manager's Office Subject: Resolution 17 -R- 07 To Approve an Agreement with a Construction Manager at Risk for Preconstruction Phase Services only for Fire Station #3 and Miscellaneous Projects. BACKGROUND The Construction Manager at Risk (CMAR) is a construction manager delivery method that entails a construction firm being brought on during the design phase of a project and through their participation in completing that design; the firm delivers the customer a Guaranteed Maximum Price (GMP). This works to the owner's benefit because the construction firm must manage and control construction costs in order to not exceed the GMP because any costs above the GMP that are not change orders, are the financial liability of CMAR. The City has used this method of construction most recently for the Aquatic Facility. This process allows the City to have full review of the costs of construction during the design process to guarantee that the project being designed has the funds necessary to be successfully built. On July 26, 2016 City Council authorized contracting with BRW Architects for the design of Fire Station #3. Since that time, staff has been working with the architects to develop a schematic design for the facility. As is typical of the Construction Manager at Risk method of construction, prior to proceeding with the design development phase, the Construction Manager at Risk should be brought into the process. This is so that the Construction Manager at Risk can work with the Architect and the City to begin determining the cost to construct the facility and adjustments can be made to the schematic plan in conjunction with completing the construction drawings for the facility in order to stay within the budget. When preparing to seek a CMAR through a Request for Qualifications, staff decided to include five repair and renovation projects into the scope of the RFQ. Recent experience we have had plus the status of the local construction industry concerned staff that attempting to complete these five smaller projects on their own would not attract a high quality firm or would return an overinflated price due to the high demand in local construction. In an effort to obtain better pricing for the miscellaneous projects, these were combined as part of the RFQ and contract for the construction of the Fire station. These projects include: Repairs to the exterior of Fire Station #2. Renovations to the Senior Center in the areas formally occupied by WellMed. Renovations to the 311 area and Human Resource's Department to provide additional office space for staff. Renovations to the Civic Center to provide additional office space for staff. Renovations to the Mayor's office area to provide a waiting room. Summaries of these projects are provided in the attached Exhibit C. Most of these projects have been discussed with City Council at various times over the past few years and funds have been approved as part of past budgets and CO bond sales, but the summary is being attached as they have not all been discussed with the current City Council. The approval being sought is simply to contract with the Construction Manager at Risk for Preconstruction Phase Services to establish a guaranteed maximum price for Fire Station #3 and for each of these five additional projects. This provides the City the cost of constructing these projects. Once staff has those costs an item will be presented to City Council seeking approval to construct some or all of the projects based on the availability of funding. One of the benefits of the Construction Manager at Risk method is that it reduces the likelihood that the City will spend the time and money to fully design a project only to have subsequent construction bids come in well in excess of the available budget and being unable to construct the project. GOAL To provide the citizens with a new Fire Station in south Schertz that meets the needs of the growing community and to provide needed renovations and repairs to existing City facilities. SELECTION PROCESS On October 31, 2016, a Request for Qualifications (RFQ) for Fire Station #3 using the two step selection process under Section 2269 et seq. of the Texas Government Code (The Code) for a Construction Manager at Risk (CMAR) was issued by the City. An Addenda to that RFQ was issued on November 14, 2016 adding the five Miscellaneous Projects to the RFQ and extending the deadline for submittals to November 23, 2016. Eight responses to this RFQ were received on November 23, 2016. These responses were evaluated by a selection committee comprised of City employees and members of the Architect's staff. The responding firms were evaluated by the committee and ranked solely on the basis of their qualifications in the first step as required by The Code. The two top ranked firms were then interviewed by the selection committee on December 20, 2016. Contract negotiations were initiated with Thomas S Byrne, Ltd over the next several weeks and the City has reached an agreement. At the conclusion of this process the committee recommends the award of the Preconstruction Phase Services of the Construction Manager at Risk Agreement to Thomas S Byrne, Ltd. This is the same firm that recently completed the repairs to the Recreation Center and is finishing work on the Aquatic Center. Community Benefit The community will benefit by having a nationally ranked and highly qualified construction management firm build the Fire Station and the Miscellaneous Projects. Fiscal Impact Fire Station #3 funding will be from the GO 2016 Bonds and the upcoming GO 2017 Bonds. Funding for the miscellaneous projects will come from the CO 2016 Bonds and funds set aside in the fund balance for building renovations in FY 2013 -14 and FY 2014 -15. RECOMMENDATION Approval of Resolution 17 -R -07 ATTACHMENT(S) Resolution No. 17 -R -07 AIA A133- 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor. Description of Miscellaneous Repair and Renovation Projects RESOLUTION NO. 17 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PRECONSTRUCTION PHASE SERVICE ONLY OF THE CONSTRUCTION MANAGER AT RISK AGREEMENT FOR FIRE STATION #3 AND MISCELLANEOUS PROJECTS AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Thomas S Byrne, Ltd. as the Construction Manager at Risk for Preconstruction Phase Services only for Fire Station #3 and Miscellaneous Projects; and WHEREAS, this agreement will deliver a Guaranteed Maximum Price for the construction of Fire Station #3 and Miscellaneous Projects; and WHEREAS, the City staff will deliver the Guaranteed Maximum Prices to City Council for approval to proceed with construction of Fire Station #3 and any or all of the Miscellaneous Projects; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an Agreement with Thomas S Byrne, Ltd and the Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ItlOk749 Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Thomas S Byrne, Ltd for the Preconstruction Phase Services in substantially the form set forth on Exhibit A. The total amount payable under this Agreement shall not exceed Seventeen Thousand ($17,000) Dollars. 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 14th day of February, 2017. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 5023481 1.1 EXHIBIT A AIA A133 AGREEMENT FOR CONSTRUCTION MANAGER AT RISK FOR THOMAS S BYRNE, LTD AIA Document A133 TM -2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the day of April in the year 2015 ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its completion. The author may also BETWEEN the Owner: have revised the text of the original (Name, legal status and address) AIA standard form. An Additions and City of Schertz 1400 Schertz Parkway Admin Building 2 Schertz, Texas 78154 and the Construction Manager: (Name, legal status and address) Thos. S. Byrne, Ltd. d/b /a Byrne Construction Services 14220 Northbrook Drive Suite 400 San Antonio, Texas 78232 for the following Project: (Name and address or location) Fire Station No. 3 and miscellaneous limited scope projects Schertz, Texas The Architect: (Name, legal status and address) When used herein, Architect shall mean one or both of the following entities: Fire Station No. 3: Brown Reynolds Watford Architects, Inc. 2700 Earl Rudder Freeway South, Suite 4000 College Station, Texas 77845 and Miscellanous limited scope projects: LPA, Inc. 114 E. Cevallos San Antonio, Texas 78204 The Owner's Designated Representative: (Name, address and other information) Jackson A &E Associates, INc. atm. Phil Gaudreau 8300 White Stallion Trail McKinney, Texas 75070 Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) pgaudreau@jacksonae.com Phone: 214.673.7557 The Construction Manager's Designated Representative: (Name, address and other information) Tony Battle, President 14220 Northbrook Dr., Suite 400 San Antonio, Texas 78232 Phone: 210.402.3335 The Architect's Designated Representatives: (Name, address and other information) Fire Station No. 3: Mark Watford, AIA Principal Ray Holliday, AIA, Associate Principal Jennifer Bettiol, Project Manager and Miscellaneous Limited Scope Projects: Mickey Conrad, AIA Principal The Owner and Construction Manager agree as follows. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT (Paragraph Deleted) ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201 TM -2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201 -2007, which document is incorporated herein by reference. The term "Contractor" as used in A201 -2007 shall mean the Construction Manager. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 2.1.3 During the Preconstruction Phase the Construction Manager shall review the Contract Documents to ascertain whether the components of the mechanical, electrical, and plumbing systems may be constructed without interference with each other, or with the structural or architectural components of the Project. In the event conflicts between such systems are discovered, the Construction Manager shall promptly notify the Owner and the Architect in writing. Failure to so notify will result in a waiver of any claims for additional time or compensation by the Construction Manager. Further, any claims by the Construction Manager associated with conflicts of the systems addressed in this section 2.1.3 during the construction phase are waived if such conflicts could have been discovered through careful examination of the Contract Documents. § 2.1.4 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall coordinate with the Architect to incorporate the Project Schedule previously developed by the Architect. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.5 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.6 Preliminary Cost Estimates § 2.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.6.2 At the completion of the Schematic Design, Design Development and at 95 percent completion of the Construction Documents, and upon written notice of such phase completion by the Architect to the Construction Manager and the Owner, the Construction Manager shall prepare and update estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner Init. AIA Document A133T — 2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action to reduce costs and maintain the Project budget. § 2.1.7 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project and may prequalify bidders. Any prequalification or award of subcontracts must conform with section 2.3.2.1 and chapter 2269 of the Texas Government Code. § 2.1.8 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.9 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. Any failure by Construction Manager to report known deviations or noncompliance will result in a waiver of any associated claims by the Construction Manager and shall require the Construction Manager to indemnify and hold the Owner harmless for any costs associated with the Construction Manager's failure in this regard. § 2.1.10 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 This Section shall govern the Guaranteed Maximum Price Proposal for Fire Station No. 3. When the Construction Drawings and Specifications are ninety -five percent (95 %) complete, upon receipt of notice from the Architect so indicating, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. The Guaranteed Maximum Price proposal shall be submitted to the Owner no later than thirty (30) days after the ninety -five percent (95 %) completion notice. § 2.2.1.1 This section shall govern the timing of the submission of the Guaranteed Maximum Price Proposal for all miscellaneous projects identified by the Owner in Addendum No. 1 of RFQ #16- FD- 44 -M -02 dated November 14, 2016. Within forty -five (45) days of the execution of this Agreement, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance for all miscellaneous projects. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 The amount of time available to the Owner to accept the Guaranteed Maximum Price, not less than 60 days, before such time that the Construction Manager may revise proposed pricing. .6 A statement that the proposed Guaranteed Maximum Price is not based in any part on any subcontract or material supply contract which would require the Owner to compensate the Construction Manager on other than a fixed fee basis; and .7 If Owner requests, Construction Manager shall make available for inspection the documents and information that form the basis of the Guaranteed Maximum Price proposal. § 2.2.4 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.5 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.6 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.7 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed -upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.8 The Owner enjoys tax exempt status as a municipality. To enjoy the cost - savings benefits of its tax exempt status, the Owner will provide a Tax Exemption Certificate to the Construction Manager for use on the Project. The Construction Manager shall use that certificate to exempt any purchases made for the Work from otherwise applicable taxes. As such, the Construction Manager shall not include in the Guaranteed Maximum Price any sales, consumer, use and similar taxes for the Work provided by the Construction Manager which are exempted because of the Owner's tax exempt status. Subject to the above terms, the Construction Manager shall pay sales, consumer, use and similar taxes that are legally enacted, whether yet effective, at the time the Guaranteed Maximum Price Amendment is executed. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 In all matters of this Agreement, time is of the essence with respect to performance of the Work. § 2.3.1.2 The date of commencement, as that term is used in the Contract Documents, shall mean the commencement of the Construction Phase which will be evidenced by the receipt of the building permit following Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs later. § 2.3.1.3 The Construction Manager shall achieve Substantial Completion of the entire Work not later than the date set out in the Agreement, subject to adjustment of this Contract Time as provided in the Contract Documents. The Construction Manager acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The Construction Manager further acknowledges and agrees that, if the Construction Manager fails to substantially complete the Work within the Contract Time, or cause Substantial Completion to be delayed beyond the expiration of the Contract Time, the Owner will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the Owner and Construction Manager agree that, if the Construction Manager shall neglect, fail, or refuse to substantially complete the Work within the Contract Time, subject to proper extension granted by the Owner, then the Construction Manager agrees to pay the Owner the sum of [One Thousand dollars] ($1,000.00) for each and every calendar day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ( "Liquidated Damages ") that will be suffered by Owner as a result of delay that the Contractor shall have failed to have completed the Work as required herein. §2.3.1.4 Claims for Additional Time. The Construction Manager shall be entitled to an extension of the contract time for delays or disruptions due to unusually severe weather in excess of that normally experienced at the job site only as determined from climatological data set forth in this subsection. The Construction Manager shall bear the entire economic risk of all weather delays and disruptions, and shall not be entitled to any increase in the Guaranteed Maximum Price by reason of such delays or disruptions. Rainy days shall not be considered an abnormal or adverse weather condition for which an extension of time will be granted unless and except in those months during which the actual cumulative number of rainy days within the month exceed the historical average cumulative number of rainy days for said month, provided that the rainfall prevented the execution of major items of work on normal working days. A rain day is defined as a day when rainfall exceeds one -tenth (.1) inch during a twenty-four (24) hour period. The historical number of Weather Days per calendar month is as follows, based upon regional weather data from the National Weather Service and/or NOAA: Average Weather Days per Month Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sept. Oct. Nov. Dec. 4 3 5 3 4 5 5 3 5 5 3 3 The number of rain days shown in the Rainfall Table for the first and last months of this Agreement will be prorated in determining the total number of rain days expected during the period of this Agreement. Time extensions may also be granted for any day following a period of precipitation during which muddy conditions exist and prevent performance of major items of work conducted on normal working days. Such muddy conditions are subject to confirmation by the Owner. Requests for an extension of time pursuant to this subsection shall be promptly submitted to the Owner. Failure to timely submit a complete notice of claim for delays and extension of time for completion due to abnormal or adverse weather conditions or rainy days pursuant to this subsection shall result in the denial of a request for extra time for performance under the Contract Documents. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 2.3.2 Administration § 2.3.2.1 All portions of the Work, other than minor work, shall be performed by trade contractors, subcontractors, or self - performed by the Construction Manager. For each major scope of work, the performing contractor shall be selected using competitive bids or competitive sealed proposals. The Construction Manager shall include specific notices of the following statutory requirements in the information to bidders: .1 The successful bidder's responsibility to provide workers' compensation insurance in accordance with Texas Labor Code Chapter 406; .2 The successful bidder's responsibility to pay prevailing wages pursuant to Texas Government Code Chapter 2258; and, .3 A notice of the sales tax exemption for the project and the procedure for obtaining any required exemption verification or certificates. §2.3.2.2 The information required with publication in 2.3.2.1 is not exclusive. The Construction Manager may include other information in such notices at its discretion or as may be required by law. §2.3.2.3 On all portions of the Work for which the Construction Manager does not submit a bid or proposal, the Construction Manager and the Owner shall receive and open all bids or proposals in a manner compliant with chapter 2269 of the Texas Government Code. On any portion of the Work for which the Construction Manager submits a bid or proposal, the Owner shall receive and open the bids or proposals, in accordance with chapter 2269 of the Texas Government Code. After opening the bids or proposals, the Owner may meet with the Construction Manager to evaluate and rank the bidders or offerors. All bids or proposals shall be made public within seven (7) days after the date of final selection. § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract, or a change to a Subcontract, is awarded on a cost -plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. § 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related party" according to Section 6. 10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201 -2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, Init. AIA Document A1 33T — 2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. § 2.4 Professional Services Section 3.12. 10 of A201 -2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201 -2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. §3.1.4.5 During the Construction Phase, the Owner shall provide temporary water and power to the site for use by the Construction Manager in the performance of the Work. The Construction Manager, however, will be responsible for extending service to the site. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly. The authority of Owner's representative may be restricted or limited because of the Owner's status as a municipality that must act by and through its city council. Except as otherwise provided in Section 4.2.1 of A201 -2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner has retained an Architect to provide services, duties and responsibilities and services that are necessary for the Preconstruction and Construction Phase services under this Agreement. Upon request by the Construction Manager, the Owner will provide the Construction Manager a copy of the executed agreement between the Owner and the Architect. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: Construction Manager shall be paid a fixed stipulated sum of twelve thousand ($12,000) dollars for its Preconstruction Phases services on the Fire Station No. 3 project. and Construction Manager shall be paid a fixed stipulated sum of five thousand ($5,000) dollars for its Preconstruction Phases services on all other miscellaneous projects set forth in Addendum No. 1 to RFQ # 16- FD- 44 -M -02 on a monthly basis according to the percentage of work complete. § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of or basis for, compensation and include a list of reimbursable cost items, as applicable) Construction Manager shall be paid the fixed stipulated sums set forth in Section 4.1.1 for its Preconstruction Phases services on a monthly basis according to the percentage of work complete. (Paragraphs Deleted) § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed § 4.2.2 Subject to the timeliness and interest provisions in the Government Code Chapter 2251, payments are due and payable to the Construction Manager 15 days following the receipt of the certification of an application for payment by the (Paragraph Deleted) Architect. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6. 1.1 plus the Construction Manager's Fee. § 5.1.1 The Construction Manager's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) 3.25% of the actual Cost of the Work as defined in Article 6 and less any applicable discounts, rebates, refunds and other amounts received from the sale of surplus materials and equipment. § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: by written change order subject to the approval of the Owner § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: not to exceed 15% — separately, not to exceed 10% for overhead and 5% for profit § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed ninety -five percent ( 95 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings) All savings shall be credited to the Owner § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201 -2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201 -2007, General Conditions of the Contract for Construction. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 11 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201 -2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201 -2007 shall have the meanings assigned to them in AIA Document A201 -2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts subject to the Owner's written approval. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above - referenced provisions of AIA Document A201 -2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 5.3.5 No change in the Work, whether by way of alteration or addition to the Work, shall be the basis of an addition to the Guaranteed Maximum Price or a change in the Contract Time unless and until such alteration or addition has been authorized by a change order executed and issued in accordance with and in strict compliance with the requirements of the Contract Documents. This requirement is of the essence of the Contract Documents. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that the Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim to an increase in the Guaranteed Maximum Price or change in the Contract Time. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. §6.1.2 Amounts due for self - performed work shall include in The Cost of the Work a lump -sum cost for work competitively bid and awarded in accordance with the terms of this Agreement. For such scopes, the Construction Manager may not exceed five percent (5 %) overhead and five percent (5 %) profit in the lump sum amount. §6.1.3 For any self - performance of minor work that is not subject to competitive bidding, section 6.2 will control. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other offices shall be included in the Cost of the Work, identify in Section 11.5, the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for payroll taxes, insurance, and customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3, and provided that such costs are Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) directly attributable to work performed on this Project only and provided further that such costs do not exceed forty- two percent (42 %) of such wages and salaries.. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. § 6.3 Subcontract Costs §6.3.1 Payments shall be made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 are in excess of those actually installed plus a 10% overage to allow for waste and spoilage. Unused excess materials, if any, shall become the Construction Manager's property at the completion of the Work and the actual cost of such excess materials as was originally billed to Owner shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long- distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 6.6.2 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.3 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 -2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 13 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201 -2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. (Paragraph Deleted) § 6.6.4 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. (Paragraph Deleted) § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201 -2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201 -2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. .9 Construction Manager's fee of 3.25% on all self - performed scopes of work competitively bid and awarded to the Construction Manager. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 14 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.9.3 Costs from the inspection service and/or testing lab that are incurred as a result of the failure of the Construction Manager to make the Work ready for an inspection or test scheduled by the Construction Manager if notice of cancellation is not provided shall be credited to the Owner as a deduction from the Cost of the Work. §6.9.4 Costs from the inspection service and/or testing lab that are incurred as a result of the failure of the Work to pass an inspection or test shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6. 10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 15 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 7.1.3 The Owner will pay an approved Application for Payment within thirty (30) days after the date such approved Application for Payment is received by the Owner from the Architect. Not withstanding the foregoing the Owner shall not be required to pay any disputed amounts that the Owner believes were erroneously approved by the Architect. Past due payments and any disputed amounts shall bear interest in accordance with the Texas Prompt Payment Act. (Paragraph Deleted) § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. Construction Manager shall use AIA Document G702 for Application and Certificate for Payments, and shall use AIA Document G703 for necessary continuation sheets related to AIA Document G702, or shall use such documents in a similar format approved by the Owner. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 -2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of five percent ( 5 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5 %) from that portion of the Work that the Construction Manager self - performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on -site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. §7.1.11 In conjunction with any application for payment submitted by the Construction Manager, the Construction Manager shall comply with the release, lien waiver and other documentation requirements set forth in, but not limited to, AIA Document A201 -2007, as amended, §9.3.3 and §9.10.2. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201 -2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201 -2007. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201- 2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 17 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Section 6. 1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. § 7.2.5 The Contract shall not have been fully performed until all Work required by the Construction Documents has been performed and the Construction Manager provides the following to the Owner: .1 record or as -built drawings executed or complete in both hard -copy and .pdf formats; .2 executed or complete certificates of documents evidencing warranties and owner - operators manuals; .3 all documents evidencing required testing, inspection, verification and other engineering or consulting services required under the construction contract; .4 insuring agreements and bonds covering all periods of construction and any subsequent periods required under the contract; and .5 one copy of each item in this section in electronic format. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201 -2007. (Paragraph Deleted) (Table Deleted) ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201 -2007. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201- 2007, the method of binding dispute resolution shall be as follows: (Paragraph Deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ X ] Litigation in a court of competent jurisdiction in Guadalupe County, Texas. [ ] Other: (Specify) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007 for Claims arising from or relating to the Construction Manager's Construction Phase services. (Paragraph Deleted) Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® ,� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement, in whole or in part, upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be compensated for Preconstruction Phase services performed in accordance with the terms contained in this Agreement. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. (Paragraph Deleted) § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price § 10.2.1 Following execution by both parties of the Guaranteed Maximum Price Amendment, the Owner may terminate this agreement, in whole or in part, with or without cause, at any time. In the event such termination is for the convenience of the Owner, the Construction Manager shall be compensated for reasonable costs incurred prior to notice of termination, profits on only that portion of the work actually performed prior to termination, and reasonable demobilization costs. § 10.2.2 Following execution by both parties of the Guaranteed Maximum Price Amendment, if the Project work is stopped for a period of ninety days through no act or fault of the Construction Manager, then the Construction Manager may, upon ten additional days written notice to the Owner, terminate this agreement and recover from the Owner (Paragraph Deleted) payment for all work actually performed, for any loss sustained upon any materials, equipment, tools, equipment, and machinery, and profits on only that portion of the work actually performed prior to termination. If the cause of the work stoppage is removed prior to the end of the ten day notice period, the Construction Manager may not terminate this agreement. § 10.2.3 The Owner or the Construction Manager may terminate this agreement for cause as provided in Article 14 of the A201 -2007 Documents. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201 -2007, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201 -2007. § 11.2 Ownership and Use of Documents Section 1.5 of A201 -2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201 -2007 shall apply to both the Preconstruction and Construction Phases. Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 19 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. (Paragraph Deleted) ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133 -2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A201 -2007, General Conditions of the Contract for Construction (Paragraphs Deleted) .3 Other documents: (List other documents, if any, forming part of the Agreement) This Agreement is entered into as of the day and year first written above. The City of Schertz OWNER (Signature) John Kessel, City Manager Thos. S. Byrne, Ltd. d/b /a Byrne Construction Services CONSTRUCTION MANAGER (Signature) Tony Battle, President Init. AIA Document A133T —2009 (formerly A121 TM CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 20 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) Additions and Deletions Report for AIA° Document A 133"m — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:42:00 on 02/07/2017. PAGE 1 AGREEMENT made as of the _ day of April in the year 2015 City of Schertz 1400 Schertz Parkway Admin Building 2 Schertz, Texas 78154 Thos. S. Byrne, Ltd. d /b /a Byrne Construction Services 14220 Northbrook Drive Suite 400 San Antonio, Texas 78232 Fire Station No. 3 and miscellaneous limited scope projects Schertz, Texas When used herein, Architect shall mean one or both of the following entities: Fire Station No. 3: Brown Reynolds Watford Architects, Inc. 2700 Earl Rudder Freeway South, Suite 4000 College Station, Texas 77845 and Miscellanous limited scope projects: LPA, Inc. 114 E. Cevallos San Antonio, Texas 78204 Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) Jackson A &E Associates, Me. attn. Phil Gaudreau 8300 White Stallion Trail McKinney, Texas 75070 p gaudreau(a� j acksonae. corn Phone: 214.673.7557 PAGE 2 Tony Battle, President 14220 Northbrook Dr., Suite 400 San Antonio, Texas 78232 Phone: 210.402.3335 The Architect's Designated v°pr -ese tativ °:Representatives: Fire Station No. 3: Mark Watford, AIA Principal Ray Holliday, AIA, Associate Principal Jennifer Bettiol, Project Manager and Miscellaneous Limited Scope Proiects: Mickey Conrad, AIA Principal PAGE 3 TABLE OF ARTICLES PAGE 4 § 2.1.3 During the Preconstruction Phase the Construction Manager shall review the Contract Documents to ascertain whether the components of the mechanical, electrical, and plumbing systems may be constructed without interference with each other, or with the structural or architectural components of the Project. In the event conflicts between such systems are discovered, the Construction Manager shall promptly notify the Owner and the Architect in writing. Failure to so notify will result in a waiver of any claims for additional time or compensation by the Construction Manager. Further, any claims by the Construction Manager associated with conflicts of the systems addressed in this section 2.1.3 during the construction phase are waived if such conflicts could have been discovered through careful examination of the Contract Documents. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) § 2.114 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Afehiteet's approval for the portion of the Wojeet sehe"e r-elating to the oordinate with the Architect to incorporate the Project Schedule previously developed by the Architect. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.4- :42.1.5 Phased Construction § 2:1-5 -2.1.6 Preliminary Cost Estimates § 2.1.5.12.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. PAGE 5 § 9.1.5.2 As the A.-ehiteet progresses with the .. atiOn 2,1.6.2 At the completion of the Schematic Design, Design Development and on Manager shall prepare and update, at appropriate intervals agreed to by two n „mo Constme, r r � o :t Are t, eet at 95 percent completion of the Construction Documents, and upon written notice of such phase completion by the Architect to the Construction Manager and the Owner, the Construction Manager shall prepare and update estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective aetiep-action to reduce costs and maintain the Project budget. § 2:1-6 -2.1.7 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Pr-ejest.- Project and mayprequalify bidders. Any prequalification or award of subcontracts must conform with section 2.3.2.1 and chapter 2269 of the Texas Government Code. §'2.1.8 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2-.1-.&2.1.9 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. Any failure by Construction Manager to report known deviations or noncompliance will result in a waiver of any associated claims by the Construction Manager and shall require the Construction Manager to indemnify and hold the Owner harmless for any costs associated with the Construction Manager's failure in this regard. § 24-.9-2.1.10 Notices and Compliance with Laws § 2.2.1 At a time to be mutually agreed upon by the Owner and the Genstmetion ManageF and in eonsultation wi *'�t-This Section shall govern the Guaranteed Maximum Price Proposal for Fire Station No. 3. When the Construction Drawings and Specifications are ninety-five percent (95 %) complete, upon receipt of notice from the Architect so indicating, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. The Guaranteed Maximum Price proposal shall be submitted to the Owner no later than thirty (30) days after the ninety percent (95 %) completion notice. § 2.2.1.1 This section shall govern the timing of the submission of the Guaranteed Maximum Price Proposal for all miscellaneous proiects identified by the Owner in Addendum No. 1 of RFQ #16- FD- 44 -M -02 dated November 14, 2016. Within forty -five (45) days of the execution of this Agreement, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance for all miscellaneous proiects. PAGE 6 .5 . The amount of time available to the Owner to accept the Guaranteed Maximum Price, not less than 60 days, before such time that the Construction Manager may revise proposed pricing. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) .6 A statement that the proposed Guaranteed Maximum Price is not based in any part on any subcontract or material supply contract which would require the Owner to compensate the Construction Manager on other than a fixed fee basis; and Orden .7 If Owner requests, Construction Manager shall make available for inspection the documents and information that form the basis of the Guaranteed Maximum Price proposal. § 25-2.2.4 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2�6 -2.2.5 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. §'2.2.6 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2-.28 -2.2.7 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager- shal4 2.2.8 The Owner enjoys tax exempt status as a municipality. To enjoy the cost - savings benefits of its tax exempt status, the Owner will provide a Tax Exemption Certificate to the Construction Manager for use on the Project. The Construction Manager shall use that certificate to exempt any purchases made for the Work from otherwise applicable taxes. As such, the Construction Manager shall not include in the Guaranteed Maximum Price a14-aqMsales, consumer, use and similar taxes for the Work provided by the Construction Manager that afe legally °nag* °a ..,h ether e_ ��* which are exempted because of the Owner's tax exempt status. Subject to the above terms, the Construction Manager shall pay sales, consumer, use and similar taxes that are legally enacted, whether yet effective, at the time the Guaranteed Maximum Price Amendment is executed. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) PAGE 7 § 2.3.1.1 In all matters of this Agreement, time is of the essence with respect to performance of the Work. date of eammeneement of the 3A'efk shall mean the date of eeffffneneement ef the Constfuetion § 2.3.1.2 The date of commencement, as that term is used in the Contract Documents, shall mean the commencement of the § 2.3.1.2 The Gans FHe fie Phase shall eawtnenee upen onstruction Phase which will be evidenced by the receipt of the building permit following Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs eaf4e- Jater. § 2.3.2 A,t,.,inistFa ,,,"2.3.1.3 The Construction Manager shall achieve Substantial Completion of the entire Work not later than the date set out in the Agreement, subject to adjustment of this Contract Time as provided in the Contract Documents. § 2.3.2.1 Those portions of the Work that the Constmetion Manager does not etistomar-ily per-form with the Gonstrdetion Manager-'s own per-sannel shall be per-foi=med under- subeent-Faets or- by ether- appropriate agr-eeffle with the Gons -action Manager-. Tw° The Construction Manager acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The Construction Manager further acknowledges and agrees that, if the Construction Manager fails to substantially complete the Work within the Contract Time, or cause Substantial Completion to be delayed beyond the expiration of the Contract Time, the Owner will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the Owner and Construction Manager agree that, if the Construction Manager shall neglect, fail, or refuse to substantially complete the Work within the Contract Time, subject to proper extension ,wanted by the Owner, then the Construction Manager agrees to pay the Owner the sum of [One Thousand dollars] ($1,000.00) Owner- may designate speeifie per-sons from whem, or entities from whieh, the for each and every calendar day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ( "Liquidated Damages") that will be suffered by Owner as a result of delay that the Contractor shall have failed to have completed the Work as required herein. X2.3.1.4 Claims for Additional Time. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) Gansti%etion Manager- shall obtain bids. The GenstpaetionManagef shall obtain bids fr-em The Construction Manager shall be entitled to an extension of the contract time for delays or disruptions due to unusually severe weather in excess of that normally experienced at the job site only as determined from climatological data set forth in this subsection. The Construction Manager shall bear the entire economic risk of all weather delays and disruptions, and shall not be entitled to any increase in the Guaranteed Maximum Price by reason of such delays or disruptions. Rainy days shall not be considered an abnormal or adverse weather condition for which an extension of time will be granted unless and except in those months during which the actual cumulative number of rainy _days within the month exceed the historical average cumulative number of rainy days for said month, provided that the rainfall prevented the execution of major items of work on normal working days. A rain day is defined as a day when rainfall exceeds one -tenth (.1) inch during a twenty-four (24) hour period. The historical number of Weather Days per calendar month is as follows, based upon regional weather data from the National Weather Service and/or NOAH: Average Weather Days per Month Jan. Feb. Mar. Apr• May Jun. Jul. Aug. Sept. Oct. Nov. Dec. 4 3 5 3 4 5 5 3 5 5 3 3 The number of rain days shown in the Rainfall Table for the first and last months of this Agreement will be nrorated in determining the total number of rain days expected during the period of this Agreement. Time extensions may also be granted for any day following a period of precipitation during which muddy conditions exist and prevent performance of maior items of work conducted on normal working days. Such muddv conditions are subiect to confirmation by the Owner. and from supplier-s of matefials or eqttipment fabrioated especially for- the Wofk and Requests for an extension of time pursuant to this subsection shall be promptly submitted to the Owner. Failure to timely submit a complete notice of claim for delays and extension of time for completion due to abnormal or adverse weather conditions or rainv days pursuant to this subsection shall result in the denial of a reauest for extra time for performance under the Contract Documents. PAGE 8 § 2.3.2 Administration shall deliver- s..,.h bids to § 2.3.2.1 All portions of the Work, other than minor work, shall be performed by trade contractors, subcontractors, or self - performed by the Construction Manager. For each major scope of work, the performing contractor shall be selected using competitive bids or competitive sealed proposals. The Construction Manager shall include specific notices of the following statutory requirements in the information to bidders: Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) .1 The successful bidder's responsibility to provide workers' compensation insurance in accordance with Texas Labor Code Chapter 406; .2 The successful bidder's responsibility to pay prevailing wages pursuant to Texas Government Code Chapter 2258; and, the Afehiteet. .3 A notice of the sales tax exemption for the project and the procedure for obtaining any required exemption verification or certificates. §2.3.2.2 The information required with publication in 2.3.2.1 is not exclusive. The Construction Manager may include other information in such notices at its discretion or as may be required by law. Owner shall then detennine, with the adviee of the Constvdetion Manager and the Arehiteet, w-hieh bids will be aeeepted. The Constmetion Manager shall not be requir-ed to eontraet with anyone to whom the Constmetion Manager has Feasonable ob eetio §2.3.2.3 On all portions of the Work for which the Construction Manager does not submit a bid or proposal, the Construction Manager and the Owner shall receive and open all bids or proposals in a manner compliant with chapter 2269 of the Texas Government Code. On any portion of the Work for which the Construction Manager submits a bid or proposal, the Owner shall receive and open the bids or proposals, in accordance with chapter 2269 of the Texas Government Code. After opening the bids or proposals, the Owner may meet with the Construction Manager to evaluate and rank the bidders or offerors. All bids or proposals shall be made public within seven (7) days after the date of final selection. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subeontr-ast is awarded on ° eost ^t "° Subcontract, or a change to a Subcontract, is awarded on a cost -plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. PAGE 9 § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.T -he feaf4e the Manager- may anly r° est ° eh ° idene° if (14 the Owner- fails to make payfaents to the GefistFuetian Manager as the Geatr-aet Daeufaen4s r-equir-e, (2) a ehange it+ eoneern regarding the Owner's ability to make payment when due. The OwneF shall fur-aish sueh evidence as a ehange. After- the Owner fidmishes the evidenee, the Owner- shall not mater-iallyvary sueh finaneial arrangements without prior- notice to the Genstmetion Manager and Ar-ehiteet. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) PAGE 10 43.1.4.5 During the Construction Phase, the Owner shall provide temporary water and power to the site for use by the Construction Manager in the performance of the Work. The Construction Manager, however, will be responsible for extending; service to the site. The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions pfomptly and fumish information expeditiously, so as to avoid promptly. The authority of Owner's representative may be restricted or limited because of the Owner's status as a municipality that must act by and through its city council. Except as otherwise provided in Section 4.2.1 of A201 -2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. The Owner s ^' has retained an Architect to provide services, duties and responsibilities Goes+... ete . Edition. The n.. *e st .,n and services that are necessary for the Preconstruction and Construction Phase services under this Agreement. Upon request by the Construction Manager, the Owner will provide the Construction Manager a copy of the executed agreement between the Owner and the A i-7e iteet and any a, Cher- ,radi f4eations to the Architect. Construction Manager shall be paid a fixed stipulated sum of twelve thousand ($12,000) dollars for its Preconstruction Phases services on the Fire Station No. 3 project. and Construction Manager shall be paid a fixed stipulated sum of five thousand ($5,000) dollars for its Preconstruction Phases services on all other miscellaneous projects set forth in Addendum No. 1 to RFQ # 16- FD- 44 -M -02 on a monthly basis according to o the percentage of work complete. Construction Manager shall be paid the fixed stipulated sums set forth in Section 4.1.1 for its Preconstruction Phases services on a monthly basis according to o the percentage of work complete. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) § 4.2.2 Payfaents are dtle and payable upon pFesentation of the Genstfuetion Manager-'s ifivoiee. Amounts unpaid ( ) days aftef the invoiee da4e shall bear interest at the rate enteFed below, or in the absenee thereof at the legal rate pfevailing from tifne to time at the principal plaee of business of the Genstfuetion ubject to the timeliness and interest provisions in the Government Code Chapter 2251, payments are due and payable to the Construction Manager 15 days following the receipt of the certification of an application for payment by the Architect. PAGE 11 3.25% of the actual Cost of the Work as defined in Article 6 and less any applicable discounts, rebates, refunds and other amounts received from the sale of surplus materials and equipment. by written change order subject to the approval of the Owner not to exceed 15% — separately, not to exceed 10% for overhead and 5% for profit § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed ninety -five percent ( 95 %) of the standard rate paid at the place of the Project. § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. All savings shall be credited to the Owner. PAGE 12 Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201 -2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201 -2007 shall have the meanings assigned to them in AIA Document A201 -2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subeeff4aetssubcontracts subject to the Owner's written approval. § 5.3.5 if no speeifie provision is made in Seetion 5.1.2 for- adjustment of the Construetion Manager's Fee in th of ehanges in the WoFk, or- if the extent of sueh ehanges is sueh, in the aggregate, that applieation of the adjustment A;;J11 emause substantial inequity to the Owner- oF Constmetion Manager-, the Constmetion ManageF's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Wor](--, and the Guaranteed r,r.,.,;mum PFiee shall be adjusted a or-din ly.No change in the Work, whether byway of alteration or addition to the Work, shall be the basis of an addition to the Guaranteed Maximum Price or a change in the Contract Time unless and until such alteration or addition has been authorized by a change order executed and issued in accordance with and in strict compliance with the requirements of the Contract Documents. This requirement is of the essence of the Contract Documents. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that the Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim to an increase in the Guaranteed Maximum Price or change in the Contract Time. §6.1.2 Amounts due for self - performed work shall include in The Cost of the Work a lump -sum cost for work competitively bid and awarded in accordance with the terms of this Agreement. For such scopes, the Construction Manager may not exceed five percent (5 %) overhead and five percent (5 %) profit in the lump sum amount. §6.1.3 For and performance of minor work that is not subject to competitive bidding, section 6.2 will control. PAGE 13 § 6.2.4 Costs paid or incurred by the Construction Manager for payroll taxes, insurance, ^afitfi u4io s, assessmef4s and , customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through H:2:3- 6.2.3, and provided that such costs are directly attributable to work performed on this Project only and provided further that such costs do not exceed fort percent (42 %) of such wages and salaries.. &6.3.1 Payments shall be made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 are in excess of those actually installed 1p us a 10% overage to allow for reasef;{ble -waste and spoilage. Unused excess materials, if any, shall become the 9w s Construction Manager's property at the completion of the Work ^" at the Owner's optioff, shall be sold by the Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) Cons.,..,etion Manager. Any . nts realized from sueh sue le and the actual cost of such excess materials as was originally billed to Owner shall be credited to the Owner as a deduction from the Cost of the Work. § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self insuranee for- either- full or- paAial ametmts of the eevefages revir-ed by the GeatFaet § 6.6.2 Sales, use or sifnilar- taxes imposed by a govermnental atAority that are fvlated to the Work and for- whieh the Co msstizu .tion M.,v.. gef is liable- §-6-.6.-3-Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6:64 -6.6.3 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 -2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. PAGE 14 § 66.6.4 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. .9 Construction Manager's fee of 3.25% on all self - performed scopes of work competitively bid and awarded to the Construction Manager. PAGE 15 Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) § 6.9.3 Costs from the inspection service and/or testing lab that are incurred as a result of the failure of the Construction Manager to make the Work ready for an inspection or test scheduled by the Construction Manager if notice of cancellation is not provided shall be credited to the Owner as a deduction from the Cost of the Work. 46.9.4 Costs from the inspection service and/or testing lab that are incurred as a result of the failure of the Work to pass an inspection or test shall be credited to the Owner as a deduction from the Cost of the Work. PAGE 16 § 7.1.3 Provided that an Applieation foF Payment is reeeived by the Arohiteet not later- than the day of a monthA]w OwneF shall make payment of the eertified amount to the Gonsti-detion Manager- not later- than the day-4 the ffienth. if an The Owner will pay an approved Application for Payment within thirty (30) days after the date such approved Application for Payment is received by the A,.ehiteet a4er- the a ..':eati°n date r;* °a above °ff' shall be made by the Owner not later thEm ( ) days after- the Arehiteet reeeives the Applieation for- wner from the Architect. Not withstanding the foregoing the Owner shall not be required to pay any disputed amounts that the Owner believes were erroneously approved by the Architect. Past due payments and any disputed amounts shall bear interest in accordance with the Texas Prompt Payment Act. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. Construction Manager shall use AIA Document G702 for Application and Certificate for Payments, and shall use AIA Document G703 for necessary continuation sheets related to AIA Document G702, or shall use such documents in a similar format approved by the Owner. .3 Add the Construction Manager's Fee, less retainage of five percent ( 5 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5 %) from that portion of the Work that the Construction Manager self - performs; PAGE 17 §7.1.11 In conjunction with any application for payment submitted by the Construction Manager, the Construction Manager shall comply with the release, lien waiver and other documentation requirements set forth in, but not limited to, AIA Document A201 -2007, as amended, 0.3.3 and 0.10.2. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) PAGE 18 1 7.2.5 The Contract shall not have been fully performed until all Work required by the Construction Documents has been performed and the Construction Manager provides the following to the Owner: .1 record or as -built drawings executed or complete in both hard -copy and .pdf formats; .2 executed or complete certificates of documents evidencing warranties and owner - operators manuals; .3 all documents evidencing required testing, inspection, verification and other en in'g eeringor consulting services required under the construction contract; .4 insuring agreements and bonds covering all periods of construction and any subsequent periods required under the contract; and .5 one copy of each item in this section in electronic format. [ X ] Litigation in a court of competent jurisdiction in Guadalupe County, Texas. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007 for Claims arising from or relating to the Construction Manager's Construction Phase sen4ees tmiess the „^-ties appeint below another- iadivi"a4, net a pat4y to the Agreement, to sen,e as the initial Peeisien . services. PAGE 19 § 10. 1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement meet Agreement, in whole or in part , upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without ea—use, and the Gensw exten Manager may te..,, inat° this Agfeeffient, upen fiet less d= seven days' wFit4en nefiee te the Owner-, fef the feasens set fefth in Seefien 14. 1. 1 e Alm 2007 cause. § 10. 1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be compensated for Preconstruction Phase services performed prier- to r-eeeipt of a netiee of termination. in Begin accordance with the terms contained in this Agreement. .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.' oF, if the Construction Manager—'s Fee is stated as ., fixed stim in that Seetion, an amount that bears the same ratio to that fixed sum Fee as the Cost of the Work at the time of termination beafs to a reasonable estimate of the probable Cost of the WoFk upon its eompletion; 5_1, and § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price agreements), the Consh�uetion Manager shall, as a eondition of meeiving the payments referfed to in this Artiele 10, exeettte and delivef all such papers and take all stieh steps, ineluding the legal assignment of stieh subcontr-aets and othef contfaetual rights of the Constmetion Manager-, as the Owner may fequire fof the pufpose of fully vesting in the Owner the fights and benefits of the Gans4uefion Manager under sueh subeont-raets or purehase orders. All Subeont-r-aets, ptifehase orders and fental agreements entered into by the Constfuetion Managef will ea provisions allowing for ^ ent to the Owner as deseribe Following execution by both parties of the Guaranteed Maximum Price Amendment, the Owner may terminate this agreement, in whole or in part, with or without cause, at any time. In the event such termination is for the convenience of the Owner, the Construction Manager shall be compensated for reasonable costs incurred prior to notice of termination, profits on only hat Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) portion of the work actually performed prior to termination, and reasonable demobilization costs. OWfief Will reiMbUfSe OF ifideWMify the Genstpaetion Manager- for- all eests afising under- the subeeatr-aet, pufellase efdef ef fental agfeement, if these eests would have been feiffibufsable as Cost E)f the Wer-k if the eentr-aet had not been terminated. if the Owner- ehoeses not to aceept assignment of any subeontr-act, pufehase ordef or rental agr-eement that would have eonstituted a Cost of the Wofk had this agfeement not been terminated, the Constmetion Manager- will terminate the subeontfaet, pur-ehase order- or- rental agreement and the Ownef will pay the Constfuetion § 10.2.2 Following execution by both parties of the Guaranteed Maximum Price Amendment, if the Project work is stopped for a period of ninety days through no act or fault of the Construction Manager, then the Construction Manager may, upon ten additional days written notice to the Owner, terminate this agreement and recover from the Owner and 10.2.2 belew, the cefftfaet may be teFfflifiated as provided in AFtiele 14 of AIA Paeufneat A201 .payment for all work actually performed, for any loss sustained upon any materials, equipment, tools, equipment, and machinery, and profits on only that portion of the work actually performed prior to § 10.2.1 if the Owner toy-minates the Contract afteF exeoution of the Guaranteed Maximum PFiOe Amendment, the afnetint payable to the Construetion Manager ptffsttant to Seetions 14.2 and 14.4 of A201 2007 shall not exee-ed the amotint the Constfuetion Manager- would other-wise ha-ve reeeived ptirsttant to Seetions 10. 1.2 and 10. 1.3 of A gr- eement termination. If the cause of the work stoppage is removed prior to the end of the ten day notice ep riod, the Construction Manager may not terminate this agreement. § 10-2.2 _4 the, G-R-asti%etion Manager- tefminates the Geat+aet after- exeet4iea ef the Gaar-anteed Maxiffi+lffl Amendment, the amount pa able to the Censtmetion Managef undef Seefien 14.1.3 of A201 2007 shall not exeeed the amount the Constfuction Manager wotild otherwise have reeeived under- Seetions 10. 1.2 and 10. 1.3 above, exeept that the ConstFuetion Manager-'s Fee shall be ealettlated as ifthe WoFk had been fully eompleted by the Constfuetion Manager, titil' i _ ify a Feasonable estimate of the Cost of the Work for- Work not aettially eomp! 10.2.3 The Owner or the Construction Manager may terminate this agreement for cause as provided in Article 14 of the A201 -2007 Documents. PAGE 20 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the wr-44ea eanseat of the other-. exeei3t thm the Owner- ma-Y assien this Aar-eemef4 to a lender- i3r-avidifie whole witho ritten consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (369ADA34) 5.3 Other documents: The Citv of Schertz OWNER (Signature) John Kessel, City Manager (A-hited na"fe and title) Thos. S. Byrne, Ltd. d /b /a Byrne Construction Service", CONSTRUCTION MANAGER (Signature) Tony Battle, President Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3139ADA34) Certification of Document's Authenticity AIA° Document D401- — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:42:00 on 02/07/2017 under Order No. 8655959288 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TM - 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 T — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:42:00 on 02/07/2017 under Order No. 8655959288 which expires on 07/11/2017, and is not for resale. User Notes: (3B9ADA34) Exhibit C Summaries of Miscellaneous Construction Projects The five additional projects included in the proposed agreement with Byrne Construction are as follows: Repairs to the Exterior of Fire Station #2: Fire Station #2 was constructed in two phases. In 2004 the two bays were constructed and then in 20XX the crew quarters were constructed. The construction of the crew quarters was accomplished by the City acting as its own General Contractor (GC) and contracting with a local GC to perform these duties with our then Chief Building Official. Sometime after the facility was constructed, Fire and EMS staff began to notice water appearing on the floors in dorm rooms bordering outside walls after heavy rain events. This water was cleaned up and after multiple episodes a forensic investigation was conducted to determine why water continued to leak into the building. This investigation revealed that the standard construction methods to prevent water from the outside progressing to the inside were not in place in the outside walls of the crew quarters. This included flashing around windows and vapor / moisture barriers in the wall structures themselves. It was determined by an architecture firm that to correct this issue, the outside walls of the Fire Station would need to be removed, moisture barrier devices installed and the outside wall replaced. Renovations to the Senior Center in the areas formally occupied by We11Med: When the Schertz Senior Center was originally opened; WellMed was a tenant in the east end of the building. That end of the building had exam rooms walled off for the efficient use as a medical office. WellMed has recently constructed their own free - standing medical office and have vacated the Senior Center. The Senior Center continues to offer successful programs and that success has created a shortage of space for these programs. The former WellMed space is available but the medical office set- up is limiting due to the small size of the exam rooms. This project will remove the medical office interior and replace it with larger activity rooms for expanded senior programs. This will also entail some re- engineering of HVAC capabilities and potential fire sprinkler installation depending upon code requirements. Renovations to Human Resources Department and 311 work area to provide additional office space for staff: In 2016 when Executive Director Bob Cantu retired, a decision was made to stay with two Executive Directors and use the savings in personnel costs to expand our Human Resource staff by adding a Human Resource Manager. To date, this has not been completed because of a lack of office space for this new position. This project will perform renovations in Building Two in both the 311 work area and the Human Resource Department. The back wall of the 311 work area will be moved several feet forward which will provide needed workspace in the Human Resource area. This space will provide better privacy for employees seeking Human Resource services, a place for employees to complete paperwork and a small waiting area to provide better privacy to employees in HR staff offices. Additionally, the door that currently enters the HR Director's office will be extended into a hallway exiting into the vacant office in the City Manager's suite. This vacant office will become the HR Director's office leaving her current office for the new HR Manager. Renovations to the Civic Center to provide additional office space for staff: As our Public Affairs Department has combined the Civic Center, Events and Schertz Magazine into a single department, staff has been relocated multiple times and space that was designed for one or two employees is being occupied by significantly more employees. This has included the Department Director sharing an office with her employees which hampers employee counseling and day to day coaching. In the Bluebonnet Hall at the Civic Center are two storage rooms that are available for renovation into office space. This project would add soundproofing to the walls, install HVAC ducting and controls and placing additional exit doors into the foyer of the facility so that these rooms could be appropriate comfortable office space. This will provide room for employees to have be moved and reconfigured for more efficient operations across all the functions of the Public Affairs Department. Renovations to the Mayor's office area to provide a waiting room: The Mayor's office is located in the back of the City Secretary Suite. Currently those who wish to visit with the Mayor must enter his office by walking through the Assistant City Secretary's office. If she is meeting with anyone, this is disruptive. Additionally, if the Mayor does not want to close his door with a visitor in his office for any reason, the conversation is easily overheard in the City Secretary's office suite. Again this is disruptive to the City Secretary staff and it does not provide any level of privacy to citizens who may wish to visit with the Mayor about an item more discreetly. This project will take the office to the right of the Mayor's office door and place an entry door into the hallway across from the Human Resources Department suite. Additionally, the door into the City Secretary's office will be closed off and a door will be installed between this new waiting area and the Mayor's office. Lastly, a door will be installed in the back of the Mayor's office to the exit hallway as a security measure for the Mayor.