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07-11-2017 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL JULY 11, 2017 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Safe Community Essential Services High Quality of Life Attractive Community Economic Prosperity Fiscally Sustainable Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) New Employee Recognition • EMS — Paramedics Cody Doane, James Mangrum (D. Wait /J. Mabbitt) • Human Resources — HR Generalist Lovie Smith (B. James /J. Kurz) • Engineering — Project Manager Scott McCelland (B.James/K. Woodlee) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during 07 -11- 2017 - Council Agenda 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. Workshop • Update and discussion on City of Schertz Water and Wastewater Rate Plan by Willdan/Economist.com. (D. Wait) 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 — Approval of the minutes of the Regular Meeting of June 27, 2017. (J. KesselB. Dennis) 2. Excused Council Absences — Consideration and/or action excusing City Council Member absences for the following dates: June 27, 2017. (B. Dennis /Mayor /Council) 3. Resolution No. 17 -R -46 -- Consideration and or action approving a Resolution authorizing the approval of the Bexar Metro 911 budget for Fiscal Year 2018, and other matters in connection therewith. (D. Wait) 4. Ordinance No. 17 -S -20— Consideration and/or action approving an Ordinance to amend the Schertz Comprehensive Land Plan by changing certain land area designations on the Future Land Use Plan in Northern Schertz. Final Reading (B. James /L. Wood/B. Cox) 5. Boards, Commissions and Committee Member Appointments — Consideration and/or action approving the appointment of Mr. Charles Cornelisse as an Alternate Member to the Transportation Safety Advisory Committee. (Mayor /Council /B. Dennis) Discussion Items 6. Ordinance No. 17 -S -21— Consideration and/or action approving an Ordinance amending the City of Schertz Master Thoroughfare Plan. Final Reading (B. James /K. Woodlee) 7. Resolution No. 17 -R -47 — Consideration and or action approving a Resolution authorizing an agreement for Provisions of Professional Services between the City of Schertz and the Schertz Economic Development Corporation. (J. Kessel /K. Kinateder) 8. Resolution No. 17 -R -48 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement with the Schertz - Cibolo- Universal City Independent Schools District for EMS Services. (D. Wait /J. Mabbitt) 9. Ordinance No. 17 -S -23 — Conduct a Public Hearing and consideration and/or action approving an ordinance on a request to rezone approximately 12 acres of land from PH Apartment /Multi - Family Residential District (R -4) to Planned Development District 07 -11 -2017 City Council Agenda Page - 2 - (PDD) located at 3301 FM 3009, Schertz, TX. First Reading (B. James /L. Wood /E. Grobe) 10. Ordinance No. 17 -A -25 — Consideration and/or action approving an Ordinance confirming and approving a boundary agreement establishing the municipal boundary between the City of Schertz and the City of Cibolo for property located within the Homestead development. First Reading (B. James /L. Wood/B. Cox) 11. Resolution No. 17 -R -50 — Consideration and/or action approving a Resolution authorizing a one -year extension of the On -Call Engineering Services Master Agreement for professional services with Cobb, Fendley & Associates, Inc. (B. James /K. Woodlee) 12. Resolution No. 17 -R -51 -- Consideration and/or action approving a Resolution authorizing a one -year extension of the On -Call Engineering Services Master Agreement for professional services with Ford Engineering Inc. (B. James/K. Woodlee) 13. Resolution No. 17 -R -52 -- Consideration and/or action approving a Resolution authorizing a one -year extension of the On -Call Engineering Services Master Agreement for professional services with Lockwood, Andrews & Newnam, Inc. (B. James/K. Woodlee) 14. Resolution No. 17 -R -53 — Consideration and/or action approving a Resolution authorizing a one -year extension of the On -Call Engineering Services Master Agreement for professional services with Pape- Dawson Engineers Inc. (B. James /K. Woodlee) 15. Ordinance No. 17 -T -26 — Consideration and or action approving an Ordinance authorizing a budget amendment to fund additional contract inspection services, to provide funding for the Schertz Housing Authority and for EMS community support services. First Reading. (B. James /J. Walters) 16. Resolution No. 17 -R -49 - Consideration and/or action approving a Resolution authorizing an interlocal agreement for funding assistance for the Schertz Housing Authority. (B. James) 17. Resolution No. 17 -R -56 - Consideration and /or action approving a Resolution authorizing expenditures with BB Inspections, totaling no more than $180,000 for building inspection services during the 2016 -2017 Fiscal Year and no more than $180,000 during the 2017 -2018 Fiscal Year and other matters in connection therewith. (B. James) Roll Call Vote Confirmation Closed Session 18. 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. 19. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment of a Municipal Judge. Reconvene into Regular Session 18a. Take any action based on discussions held in closed session under Agenda Item 18. 07 -11 -2017 City Council Agenda Page - 3 - 19a. Take any action based on discussions held in closed session under Agenda Item 19. Roll Call Vote Confirmation Requests and Announcements 20. Announcements by City Manager. 21. Placing Items on Future Agendas: Member of the City Council may place items on future agendas provided the chair is able to determine unanimous consent. If objection is made by one or more members of the City Council, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. 22. 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 Adjournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 7th DAY OF JULY 2017 AT 5:45 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. �Ovw'I 1 sr'h WLDe�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. 07 -11 -2017 City Council Agenda Page - 4 - 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 Main Street Committee Main Street Committee - Chair TIRZ II Board Councilmember Gutierrez — Place 2 Councilmember Larson — Place 3 Main Street Committee — Vice Chair 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 Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz - Seguin Local Government Corporation Interview Committee for Boards and Commissions 07 -11 -2017 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular Meeting on June 27, 2017. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of June 27, 2017. ATTACHMENTS Regular Meeting of June 27, 2017 minutes. MINUTES REGULAR MEETING June 27, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 27, 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 Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford Staff Present: Executive Director Brian James Assistant to City Manager Sarah Gonzalez City Secretary Brenda Dennis Absent: Mayor Pro -Tem Cedric Edwards Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser City Manager John Kessel Executive Director Dudley Wait City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Call to Order — City Council Regular Session _, Mayor Carpenter called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) Councilmember Larson provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. City Events and Announcements • Announcements of upc ing City Events (B. James/D. Wait /S. Gonzalez) "*, - Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Monday and Tuesday, July 3rd and 4th City Offices Closed in Observance of Independence Day • Tuesday, July 4 42nd Annual 4th of July Jubilee 9:00 AM —10:00 PM Pickrell, Park Pre - register for the Freedom 5K at www.raceenta.com. Come out to enjoy the parade, carnival, live music, watermelon eating contest, a variety of great food and fireworks. Swim in the Pickrell Park Pool 6:00 PM — 10:00 PM. Advance sale tickets can 6 -27 -2017 Minutes Page - i - be purchased for the swim event for $3.00 at the Schertz Parks and Recreation Office. For more information call Ext. 1850. • Tuesday, July 1111 City Council Meeting 6:00 PM Council Chambers Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who congratulated the Schertz Library Foundation and spoke of the success this past Saturday of the Library Mini Golf Tournament fundraiser -- -230 participants. He thanked all staff and board members who were instrumental in planning and executing another successful event. Presentation Proclamation Designating July 2017 as Parks and Recreation Month. (Mayor /C. VanZandt /L. Shrum) *Vq" Mayor Carpenter recognized Director of Parks and Recreation Chuck VanZandt and Assistant Director of Parks and Recreation Lauren Shrum and read and presented them with a proclamation recognizing July 2017 as Park and Recreation Month. Mr. VanZandt stated the slogan for this year is "Put your play on ". He said the 4th of July Jubilee should be great this year as some changes have been made. Assistant Director of Parks and Recreation Lauren Shrum said she had some good news. A few months ago they came before council to request a match of funds (20 %) for the possibility of being granted a match to that of 80% in federal funding from the Alamo Area MPO for some bike and hike trails as well as some sidewalk improvements. They were notified of the approval of that funding yesterday afternoon. Hearing of sidents None one spoke. r Mayor Carpenter moved to Item 6 on the Agenda. 6. Ordinance No. 17 -S -20— Conduct a Public Hearing and Consideration and/or action PH approving an Ordinance to amend the Schertz Comprehensive Land Plan by changing certain land area designations on the Future Land Use Plan in Northern Schertz. First Reading (B. James /L. Wood/13. Cox) The following was read into record: ORDINANCE NO. 17 -S -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE COMPREHENSIVE LAND PLAN BY CHANGING 6 -27 -2017 Minutes Page - 2 - CERTAIN LAND AREAS TO SINGLE FAMILY RESIDENTIAL DESIGNATION AND CERTAIN LAND AREAS TO COMMERCIAL CAMPUS DESIGNATION ON THE FUTURE LAND USE PLAN. Mayor Carpenter recognized Senior Planner Bryce Cox who stated this item is to amend the land use plan for two areas in northern Schertz. This is being proposed by city staff. Periodically they look for inconsistencies and have found two areas through a number of zoning cases and land plan requests over the past few years. There are two sections. The first area proposed for amendment is generally located along Old Wiederstein Road from Wiederstein Road extending east to just past FM 1103, and is predominately single family residential homes and commercial business along FM 1103. The second area proposed for amendment is generally located along IH -35 beginning approximately 700 feet east of Schwab Road continuing east to the Schertz ETJ limit, and is mostly commercial businesses and undeveloped property. He explained that the City's Comprehensive Land Plan (CLP) is broken into a number of pieces including the Future Land Use Plan, the Master Thoroughfare Plan, the Parks and Recreation Master Plan, and the Sector Plan amendment. He provided maps showing the two areas of which they wish to change. Given the existing development, they don't feel the current land use proposal is accurate. They are proposing single family residential for the first area. The second area is in north Schertz and is currently classified as agricultural conservation which is predominantly large lot residential (5+ acres). Staff is proposing this to be changed to a commercial campus designation, which encourages the development of lower intensity commercial and office uses. Staff wants to amend the future land use plan to be current with what the zoning is and what the area will develop as. , At the Planning and Zoning Commission meeting on May 24, 2017, there were nine people who came and spoke. Two were in favor, four opposed, and the remaining three just had some questions or observations. At this same meeting, the commissioners did recommend approval by unanimous vote, as does city staff. Mayor Carpenter opened the Public Hearing and recognized the following who spoke: ;anMr. Carl Baker, Attorney with Golden, Steves, and Gordon, 300 Convent Street, Antonio, TX, who represents Eckhardt Springs LLC, which owns property off of IH 35 and Eckhardt Road. He is here tonight to express their full support to the proposed change from agricultural use to commercial campus. They feel this is an appropriate change and will help encourage development along IH 35 and provide a very strong tax base for the City of Schertz. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. 6 -27 -2017 Minutes Page - 3 - Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Ordinance No. 17 -S -20 first reading. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. Mayor Carpenter moved to Item 5 on the Agenda. 5. Ordinance No. 17 -S -21— Conduct a Public Hearing and Consideration and/or action PH approving an Ordinance amending the City of Schertz Master Thoroughfare Plan. First Reading (B. James/K. Woodlee) ORDINANCE NO. 17 -S -21 AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF SCHERTZ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Engineer Kathy Woodlee who provided information via a PowerPoint presentation. The highlights were: *The purpose of a Thoroughfare Plan is to provide for the orderly development of an adequate major street system as land development occurs and as traffic increases. (Are our existing roads sized properly? What new roads do we need as the City grows ?) *To enable coordination with outside agencies and private interests with respect to roadway improvements (We need to be sure our future roads line up with our neighbors' future roads.) *To reduce travel and transportation costs (Proper planning and construction minimizes traffic congestion.) Who is involved? 1) Staff (Engineering, Planning, Public Works, Administration) 2) Consultant (Freese and Nichols, Inc. (FNI) 3) Steering Committee (Planning and Zoning Commission, Economic development Board, Transportation Safety Advisory Commission) 4) Public Input (Open House, public meetings, public hearings) 5) City Council (Adopt updated Master Thoroughfare Plan) Background/History — Periodic updates to the City's Master Plans are needed to keep up with significant changes in the development of the City (population, land use patterns). Ms. Woodlee stated the last complete City of Schertz Thoroughfare Plan was prepared in 2002 as part of the City's Comprehensive Plan. In 2002 the estimated population was 22,732. A Sector Plan completed in 2011 -2013 identified a need for a Thoroughfare Plan update. The estimated 2013 population was 35, 929. The 2013 planning process did not 6 -27 -2017 Minutes Page - 4 - include travel forecast modeling, functional classification and access management evaluation, CIP development, or other pieces of a full Thoroughfare Planning process. The July 2016 population estimate was 39, 453 and is our latest estimate. Thoroughfare Plan Tasks were: 1) identify issues and develop policies (Level of service, character of roads) 2) Coordinate with other agencies 3) Analyze existing thoroughfare system (mapping, traffic counts, planning developments) 4) Future Land Use Growth Scenarios (10 to20 year projections, travel forecasting) 5) Development of Thoroughfare Plan 6) Plan Strategies and CIP Programming 7) Plan Adoption and Documentation. Ms. Woodlee provided a map of the proposed Master Thoroughfare Plan for 2017. There are several classifications of roadways, principal arterials, secondary arterials, secondary rural arterials, residential collectors, and commercial collectors. Maintaining roads on the thoroughfare plan will result in preserving options for the future. For example, without connection over Cibolo Creek, mobility will be considerably reduced. In the short time of just one -year congestion has grown on FM from a 5 mile trip between Lower Seguin Road and Elbel Road by 3 minutes. Betw m the me trip grew by two minutes. Modeling results for the future, without any other route to take, there will be more delays. This includes delays for any emergency vehicles responding to calls for assistance. The Planning and Zoning Commission has recommended approval since their Public Hearing of May 24, 2017. Tonight, staff is asking council to adopt the Master Thoroughfare Plan, thereby amending the City's Comprehensive Plan. Ms. Woodlee asked if Council had any questions. She stated Freese and Nichols representatives David Paine and Edmund Haas were also in the audience this evening and available for questions as well. Ma Carpenter opened the Public Hearing and recognized the following who spoke: Z • Mr. Tra Womack, 8519 scan Hills, Garden Ridge, TX, who voiced his opposition towards part of the plan. His disagreement is in regard to the east -west connector that is called a commercial backer that runs between FM 1103 and over to FM 2252 and on to probably Wiederstein Road. His concern is that this will cut off part of that commercial property later on. There is none of this on the north side of IH 35. He doesn't agree with the east -west connector when you already have Old Wiederstein, Green Valley and other roads that cut through the area. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Executive Director Brian James addressed questions from Councilmember Crawford in regard to Mr. Womack's concerns. Mr. Womack was invited back up to the podium and he clarified further that his main concern is that when you adopt this plan you are in effect reserving that right of way. If it is not `noted' then it affects property there for `everyone'. 6 -27 -2017 Minutes Page - 5 - We all know development on IH 35 is eventually going to happen. You are tying up something until someone decides to make that decision. That is also his concern. Mayor Carpenter commented that as time has shown, the city has tried to be very flexible with property owners and he is confident this trend will continue into the future as more development continues. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Ordinance No. 17 -S -21 first reading. The vote was 5 -1- 0 with Councilmembers Davis, Gutierrez, Larson, Thompson, and Kiser voting for and Councilmember Crawford voting no. Mayor Pro -Tem Edwards was absent. Motion passed. Mayor Carpenter moved to Item 12 of the agenda. 12. Resolution 17 -R -41 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acceptance of Assignment of the City's exclusive Solid Waste Franchise Agreement. (D. Wait) The following was read into reco A RESOLUTION NO. 17 -R -41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF ASSIGNMENT OF THE CITY'S EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated the city was approached in May by the owner(s) of Bexar Waste who have decided to sell their company to another entity. Part of this transaction will involve the franchise agreement that the city has with Bexar Waste, which would need to be assigned to the new purchaser. The franchise agreement has a clause in it that allows that to happen. Mr. Wait introduced Miguel Gutierrez who spoke of the family's difficult decision and he thanked the City for the many years of doing business together. The purchasing company will be `Republic Services'. Others were considered, but the family feels most comfortable with Republic Services acquiring their business and feels it will be a good fit for the city. Mayor Carpenter, on behalf of Council, Staff, and the residents, thanked him and his family for their years of service to the community. Each councilmember also spoke a few words of gratitude for the Bexar Waste — Gutierrez family's service and contributions. Mr. Gutierrez stated the Republic Land Fill Administrator and the Municipal Services Manager were present tonight. He introduced Tom Armstrong who proceeded to explain 6 -27 -2017 Minutes Page - 6 - the transition process they have been undergoing with Bexar Waste to have as seamless a transfer of business as possible. Mr. Armstrong answered questions from council. Mayor Carpenter recognized Councilmember Crawford who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -41. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. Mayor Carpen ter m oved to Item 11 on th e agen da. 11. Resolution No, 17 -R -42 - Consideration and /or action approving a Resolution authorizing an amendment to an existing Development Agreement (Schaefer Road/FM 1518 area) for Friesenhahn property on FM 1518 near Schaefer Road. (B. James) The following was read into record: .00 RESOLUTION NO. 17 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING DEVELOPMENT AGREEMENT (SCHAEFER R M 1518 AREA), AND OTHER MATTERS IN CONNECTION THEREWIT Mayor Carpenter recognized Executive Director Brian James who stated in April 2011, the City entered into a development agreement regarding the timing of annexation of properties owned by Mr. and Mrs. Milton Friesenhahn. The agreement generally stipulated that the City would not annex their properties for 10 years if they did not develop. One of the tracts owned by the Friesenhahns is at the northeast corner of Corbett Drive and FM 1518, directly south of the future Rose Garden Elementary School that is currently under construction. During the site planning stage of the project it was generally agreed that the southern entrance drive for the school should be located directly across FM 1518 from Arbor Park, the street that is the southern entrance to the Willow Grove subdivision (Rose Garden Elementary School will have another drive on FM 1518 that aligns with Pecan Branch, the northern entrance into the Willow Grove subdivision). The school property stops just short of that point, and is owned by the Friesenhahns. The attached Rose Garden Elementary School site plan shows how the drives will be misaligned if an easement is not granted. SCUCISD approached the Friesenhahns about acquiring an access easement on their property that would align with Arbor Park and serve both the Rose Garden Elementary School site and the Friesenhahn's property when it develops, likely for commercial uses. 6 -27 -2017 Minutes Page - 7 - Rather than wanting to sell the easement to the District, the Friesenhahns indicated they wanted the City to grant an extension to their delayed annexation agreement. They wanted the agreement to be extended by 5 additional years, so that annexation would not occur prior to 2026 if the properties did not develop. They also wanted assurances they would be granted an access drive -off of Corbett Drive if it met all City standards, something the City would have done anyway. While this is really an issue between SCUCISD and the Friesenhahns, if they cannot reach agreement, which they have not been able to up to this point, and the entrance to Rose Garden Elementary School is offset from Arbor Park, Schertz residents will suffer the consequences of increased traffic congestion, which is a significant issue on FM 1518 and also challenges associated with access to an elementary school, something that is a great concern to the City and residents. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -42. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. Closed Session E,714MO Mayor Carpenter convened into closed session at 7:10 p.m. under the following sections. 15. City Council will meet in closed session under Section 551.071 of the Texas Government Code, consultation with attorney to consult with the City Attorney regarding personnel issues and the City's Animal Shelter. A_ ,-.# Reconvene into Regular Session 04W Mayor Carpenter convened back into regular session at 8:28 p.m. 15a. Take any action based on discussions held in closed session under Agenda Item 15. No action was taken. Mayor Carpenter m ov the workshop section of the agenda. Workshop • Discussion regarding City of Schertz support for the Schertz Housing Authority including funding. (Item requested by Councilmember Davis) Mayor Carpenter recognized Executive Director Brian James who said for clarification, the Schertz Housing Authority is not a board, commission, or committee of the city —it stands alone. The city has the ability to provide funding to outside organizations not 6 -27 -2017 Minutes Page - 8 - related to it, and we have done so in the past. However, it is based on a finding that there is a public purpose to it (i.e. providing medical care, transportation services). What staff would need is time to develop an ordinance or resolution along with their findings of what the public service benefit would be for the community. Council could dictate how those funds are spent, or more broadly say, `Utilize these funds in pursuit of your mission as you see fit'. In this particular case, there is some litigation that has occurred with the federal government and for those entities participating in it, they cannot use federal funds to effectively sue the federal government. In this case, he understands that the Schertz Housing Authority is solely funded by the federal government in their mission. Staff can go in whatever direction Council wishes to go. Mayor Carpenter recognized Councilmember Davis who stated he is the liaison representative from the City to the Housing Authority and it is an eye- opening experience. They serve the Schertz - Cibolo area and they have a significant waiting list for adequate facilities for some of our less fortunate community members. .t The Schertz Housing Authority has an opportunity to participate in a law suit. It deals with a 20 -12 operating subsidy from HUD in urban development from the federal government where they changed the appropriations back in 2012. As a result, 309 housing authorities throughout the country joined together in a class action suit against HUD on the action they took in 2012. They just recently won that lawsuit and the federal government was ordered to pay out $135 million to those 309 housing authorities because it was ruled that HUD was in breach of contract with them. Our Schertz Housing Authority was not a party to this particular lawsuit but they were notified that the first party was going to initiate a second lawsuit on behalf of the housing authorities who did not participate in the first one. If they decide to participate, based on the calculations from the first lawsuit, they could ultimately be entitled to about $58,000. However, they would have to pay a $1,000 filing fee, but they could not use any federal funds for this fee. His original question for bringing this up was is this something that city funds could be used for and if so how? However, they are under a timeline to agree to participate in this law suit. The deadline is August 15, 2017. Mr. James said he felt staff could work with the city attorney to craft something that would be generally categorized that they could use for their operations and come back with it at the next council meeting on July 11, 2017. Mayor Carpenter stated and asked for confirmation that the city does assist several other organizations annually such as the Guadalupe County Prescriptions Assistance Program the Guadalupe County Children's Advocacy Center; so we seem to have a precedence in assisting agencies or entities that we find perform specific services for our area. He can't think of a better one that fits this mold than the Schertz Housing Authority. It is not at all unusual for us to do this. He asked for staff to come back to council with some verbiage 6 -27 -2017 Minutes Page - 9 - that would help council make a decision on this. Mr. James said they would put it on the agenda for July 11, 2017. Review, discussion and possible action regarding the City Charter. (Item requested by Councilmember Thompson) Mayor Carpenter recognized Councilmember Thompson who proposed this item be postponed for another thirty days when perhaps we have a lighter agenda to consider. Discussion and update regarding the City of Schertz 2nd Qu inancial Statement. (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters who provided statistical data regarding the second quarter financial report. The information is also now posted on the city website. We are halfway through the budget year and most of the city's revenue comes from property taxes which are due each January so we get the bulk of our revenue in the first half of the year. Mr. Walters continued on his with his presentation and briefly explained the current status of each budget category. Discussion and update on the HVAC system design repairs at the Animal Adoption Center. (D. Wait) Mayor Carpenter recognized Executive Director Dudley Wait who provided some background information and a current update on the city's animal shelter. In March of 2014 the new adoption facility opened for business. By the summer, staff started noticing some heating and air conditioning problems. There were a number of things that started happening such as water dripping down from chiller lines in the ceiling, mold developing, unpleasant odors, etc. In September /October of 2015, they put together a team consisting of City Management, Marshal's Office, Animal Control, our building people as well as the building design architects, the HVAC engineer and the facility builder. The met regularly to start addressing the many issues that we were having. Mr. Wait explained how the facility's HVAC system is supposed to work. The builder and design team have stood by us and worked together to correct the problems. All the refrigerant lines have been reinsulated and gradually many of the problems were alleviated. However, the one problem they are still working with is the positive pressure core, which they have been unable to maintain. The design engineer has suggested we may need an outside air handling unit. It is a unit that will run when the temperature is at a certain level in the building. Mr. Wait explained how they work. This summer for the first time since 2014, they are maintaining a comfortable work environment in the shelter. They don't have humidity issues and they don't have temperature issues- -they believe they are on the right track now. In mid -July 6 -27 -2017 Minutes Page -10 - they will be doing another test. They will determine at that time if they would need another air handler unit. Mr. Wait addressed questions /comments from council. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Approval of the minutes of the Regular Meeting of June 13, 2017. (J. KesselB. Dennis) 2. Ordinance No. 17 -M -19 — Consideration and/or action approving an Ordinance amending Ordinance 15 -M -41 prohibiting violations of the City Charter. Final Reading (M. Carpenter /C. Zech) The following was read into record: ORDINANCE NO. 17 -M -19 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS PROHIBITING VIOLATIONS OF THE CITY CHARTER 3. Boards, Commissions and Committee Member Resignations and Appointments — Consideration and/or action approving the resignation of Ms. Barbara Hall from the Historical Preservation Committee and the Committee of Committees Advisory Board and the resignation of Mr. Michael Dahle from the Committee of Committees Advisory Board, and the appointment of Ms. Sue Boissonneault to the Committee of Committees Advisory Board. (Mayor /Council /B. Dennis) 4. Resolution No. 17 -R -40- Consideration and/or action approving a Resolution authorizing 2nd quarter EMS, Utility Billing and Schertz Magazine Revenue Adjustments. (B. James /J. Walters /J. Mabbitt /L. Klepper) The following was read into record: r RESOLUTION NO. 17 -R -40 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Gutierrez to approve consent items 1 -4. The vote was unanimous with 6 -27 -2017 Minutes Page - 11 - Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. Discussion Items 7. Resolution No. 17 -R -43 — Consideration and /or action approving a Resolution authorizing two Interlocal Agreements between the City of Schertz and the Bexar County District Attorney in reference to the disposition of seized property including property from gambling establishments. (D. Wait /M. Hansen) The following was read into record: RESOLUTION NO. 17 -R -43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING TWO INTERLOCAL AGREEMENTS FOR THE DISPOSITION OF SEIZED CONTRABAND PROPERTY WITH THE BEXAR COUNTY DISTRICT ATTORNEY, AND OTHER MATTERS IN. CONNECTION THEREWITH lwm� Mayor Carpenter recognized Police Chief Michael Hansen who stated disposition of seized property is regulated by State law, specifically Chapters 18 (gambling paraphernalia) and 59 (general property) of the Texas Code of Criminal Procedure. The attorney representing the State (County District Attorney) is authorized by this code to enter into an agreement with a law enforcement agency to determine how such property and/or proceeds from such property will be disposed. There must be an agreement for the law enforcement agency to receive any property or proceeds. This agreement provides the manner and means that any said seized property and /or contraband and proceeds therefrom will be disposed. The attorney representing the State has the sole authority to create the agreement and it is evident by the diversity seen in Bexar County's two separate agreements and the single Comal County agreement presented at the Council meeting on June 13, 2017. The proposed Bexar County agreements separates those items associated with illegal gambling and established rules and guidelines different from property seized from other crimes. This is within the purview of the attorney to do so. In contrast, the current Guadalupe County agreement is two pages that separates the property into two categories; vehicles and everything else. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -43. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 6 -27 -2017 Minutes Page -12 - 8. Resolution No. 17 -R -45 — Consideration and/or action approving a Resolution authorizing two amendments to the existing agreement with the San Antonio River Authority related to the rates for sewage transportation, treatment and disposal. (D. Wait /J. Hooks) The following was read into record: RESOLUTION NO. 17 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENTS TO THE EXISTING AGREEMENT WITH THE SAN ANTONIO RIVER AUTHORITY FOR SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Assistant Director of Public Works Jimmy Hooks who stated this item is to make two amendments to the interlocal agreement we have with the San Antonio River Authority. The first amendment is to adjust the date that the rates will go into effect. Last year it was June 1 and this year it will be July 1. The second amendment is for the rates. There was an increase in the base rate and a decrease in the per gallon rate. Mr. Hooks, Executive Director Brian James, and Executive Director Dudley Wait addressed questions and comments from council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -45. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 9. Resolution No. 17 -R -44 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz authorizing a Public Library lnterlocal Agreement with the City of Selma. (B. James /M. Uhlhorn) The following was read into record: PRESOLUTION NO. 17 -R -44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT (SELMA) WITH THE CITY OF SELMA, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Library Director Melissa Uhlhorn who stated Schertz has had an agreement with Selma for library service since 2009. Selma had approached the city during the library construction in 2008 and the agreement was styled similar to the one we already had in place at that time with Guadalupe County. 6 -27 -2017 Minutes Page -13 - Earlier this year Selma contacted us wanting to discontinue the agreement at the end of this fiscal year. However, we reached out to them and asked how we could modify the agreement to what they would feel comfortable with it and still provide services for their residents. Not that much changed in the agreement other than the formula for funding. With the new agreement, there will now be a bit of a decrease in funding that we will receive from them. However, we still feel this new arrangement is beneficial to both communities and we recommend approval. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -44. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 10. Resolution No. 17 -R -18 — Consideration and/or action approving a Resolution appointing and re- appointing Directors of the Tax Increment Rein' stment Zone Number Two, City of Schertz, Texas. (B. James) The following was read into record: RESOLUTION NO. 17 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING AND REAPPOINTING DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH Mayor Carpenter asked council if they had any questions or concerns about the appointees. As there were none, a motion to approve was initiated. Mayor Carpenter recognized Council Councilmember Davis who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -18. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. .r "' 13. Resolution No. 17 -R -25— Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with Green Valley Special Utility District for the exchange of Certificate of Convenience and Necessity related to the development of schools by Comal County Independent School District. (D. Wait) The following was read into record: 6 -27 -2017 Minutes Page -14 - RESOLUTION NO. 17 -R -25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR THE EXCHANGE OF CERTIFICATE OF CONVENIENCE AND NECESSITY RELATED TO THE DEVELOPMENT OF SCHOOLS BY THE COMAL COUNTY INDEPENDENT SCHOOL DISTRICT Mayor Carpenter asked council if they had any questions or concerns about this item. As there were none, a motion to approve was brought forward. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -25. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. A,, J6, 14. Resolution No. 17 -R -29 - Consideration and /or action approving a Resolution authorizing the City Manager to enter into an agreement with Green Valley Special Utility District for the exchange of Certificate of Convenience and Necessity related to the development of the Homestead Subdivision. (D. Wait) Pe The following was read into record: RESOLUTION NO. 17 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR THE EXCHANGE OF CERTIFICATE OF CONVENIENCE AND NECESSITY RELATED TO THE DEVELOPMENT OF THE HOMESTEAD SUBDIVISION Mayor Carpenter asked council if they had any questions or concerns about this item. As there were none, a motion to approve it was initiated. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -29. 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. Roll call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call votes for agenda items 1 -14. Closed Session 6 -27 -2017 Minutes Page -15 - Mayor Carpenter convened into closed session at 9:20 p.m. under the following section. 16. City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. Reconvene into Regular Session Mayor Carpenter convened back into regular 16a. Take any action based on discussions held in No action taken. Requests and Announcements 17 Announcements by City Manager. No announcements were provided. ssion under Agenda Item 16. 18. 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 shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. No requests were made. 19. 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 Thompson who inquired if the council members would be getting their packets for the 4th of July Jubilee for next week. The answer was yes, they would be getting them soon. 6 -27 -2017 Minutes Page -16 - Mayor Carpenter recognized Councilmember Kiser who said she recently visited the Police Department and had the opportunity to visit with the kids participating in the Junior Police Academy. If you have a chance, go and see them run the obstacle course. Mayor Carpenter recognized Councilmember Thompson who said this past Saturday `The Chamber' had its Home Living Showcase at the Schertz Civic Center. He thanked the City Public Affairs and Civic Center staff for doing a great job once again. Mayor Carpenter stated he would be leaving on an airplane in a few hours and since Mayor Pro -Tem Edwards is out of town also, should anything arise needing the Mayor's attention, the next senior person in line to step in would be Councilmember Thompson. Adjournment As there was no further business Mayor Carpenter adjourned the meeting a 9 m. Y � J g P ATTEST: Donna Schmoekel, Deputy City Secretary 4 6 -27 -2017 Minutes page - 17 - Michael R. Carpenter, Mayor 91 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Mayor /Council Subject: Excused Council Absences — Consideration and /or action excusing City Council Member absences BACKGROUND Per the revised Charter approved by voters on November 3, 2015, regarding Council absences, Section 4.06 (3) Vacancies, Forfeiture, Filling of Vacancies, "Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council." An affirmative vote of a majority of Council approving the Council's absences is required for the following: 6 -27 -2017 Regular Council Meeting FISCAL IMPACT None RECOMMENDATION Mayor Pro -Tem Cedric Edwards Staff recommends Council approve the absence as listed above. CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: July 11, 2017 Department: Public Safety Agenda No. 3 Subject: Resolution No. 17 -R -46 — Approval of the Bexar Metro 911 Fiscal Year 2018 Budget BACKGROUND: Bexar Metro 911, by its charter under the Texas Health and Safety Code is required to seek approval of its annual budget from all of the governmental entities for which it provides 911 services. This is done to ensure that all communities under the umbrella of this organization have an opportunity to provide input and direction in the operation and focus of the agency providing 911 services. In previous years, the City of Schertz has taken advantage of this by working with other Metrocom cities to seek dollars for differing projects that would improve the public safety dispatch operations in the City and our region. These actions were instrumental in the development of a Bexar Metro 911 grant program to improve and upgrade dispatch operations that the City has been able to take advantage of. By approving this resolution, the City of Schertz will be accepting the proposed Bexar Metro 9 -1 -1 Network Fiscal Year 2018 operational and financial budget plans. Executive Director Dudley Wait continues to sit on the Bexar Metro 911 Board of Directors as the Guadalupe County representative. FISCAL IMPACT There is no fiscal impact to the City of Schertz by approval of this budget. This budget has no increases in 911 fees so there will be no additional impact upon the citizens of Schertz beyond what they pay today. RECOMMENDATION Staff recommends Council approve Resolution No. 17 -R -46 ATTACHMENTS Resolution No. 17 -R -46 Bexar Metro 911 Fiscal Year 2018 Budget RESOLUTION NO. 17 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE BEXAR METRO 911 BUDGET FOR FISCAL YEAR 2018, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City send its approval to the Bexar Metro 911 Board of Directors of its Fiscal Year 2018 budget; and WHEREAS, the City Council has determined that it is in the best interest of the City to support the growth and expansion of the 911 telephone access systems as planned for in the 2018 budget attached hereto as Exhibit A, for the public safety of Schertz citizens. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the approval of the Bexar Metro 911 budget as presented in 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 11th day of July, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - BEXAR METRO . 9 -1 -1 Network MEMORANDUM TO: County Judges and City Mayors FROM: W. H. Buchholtz, Chief Executive Officer SUBJECT: Fiscal Year 2018 Proposed Budget DATE: May 18, 2017 Enclosed for your review and comment is the Bexar Metro 9 -1 -1 Network District's Proposed Fiscal Year 2018 Budget. The Bexar Metro Board approved this proposed budget at their regularly scheduled and properly noticed meeting held on May 15, 2017. Please address your written comments to the Chairman of the Board at the address on the bottom of this memorandum. The Bexar Metro Board will review your comments, make changes as necessary, and adopt the Fiscal Year 2018 Budget at the board meeting scheduled on July 24, 2017. Please forward your comments to ensure arrival at the Bexar Metro office not later than 4:00 p.m. on July 21, 2017. Enclosed is a post card to facilitate your response. The contents of this post card are consistent with the provisions of the Texas Health & Safety Code, Chapter 772.309, which enables each participating jurisdiction to either approve or disapprove the Bexar Metro Fiscal Year 2018 Budget. Should a jurisdiction choose to take no action, budget approval is by operation of law on the sixty -first day following the jurisdiction's receipt of the proposed budget. Please call me if you have questions or require further information or clarification. Sincerely, W. H. �Zuchholtz Chief Executive Officer E9 -1.1 911 Saddletree Court • San Antonio, Texas 7823 1 -1 523 Phone: (210) 408 -3911 • Fax: (210) 408 -3912 PURPOSE: The purpose of this document is to obtain consensus approval of Bexar Metro 9 -1 -1 Network's (Bexar Metro or District) Fiscal Year 2018 (FY 2018) operational and financial plans by the District's board of directors and the governing bodies of its thirty -nine participating jurisdictions; and provide the continuing operational and fiscal authority necessary for the staff to aggressively establish and maintain- a highly survivable and resilient 9 -1 -1 system. AUTHORITY: The authority for Bexar Metro is the T6_ gs Health and Safety Code, Chapter 772, Subchapter D, Section 772.301 — formerly Vernon's Annotated Civil Statutes Article 1432e, as approved by the Texas 69th Regular Legislative Session in Senate Bill 750 on May 21, 1985; and subsequently approved by a local election on January 17, 1987.. This legislation's purpose is to enable the provision of affordable high quality, countywide Enhanced 9 -1 -1 service through implementation of emerge,n__cy communication districts. MANAGEMENT: A governing board of directors; appointed according =`fo criteria in the enabling legislation, establishes policy'.and provides oversight of the district. The board members and their appointing authority include: Member Authority James C. Hassl6 her (Chair) , Bexar'Gounty Stephen R. Schneid,e.r Bexar County Sherman Krause Comal County Dudley if - Guadalupe County Heberto Gutierrez City of San Antonio Bill McManus City of San Antonio Cathy C;.Talcott City of New Braunfels Suzanne de Leon Member at Large Principal Service Provider„(;Non- Voting) Vacant To implement board policy and to manage the day -to -day operations, the board of directors appointed W. H. Buchholtz as the District's Chief Executive Officer. MISSION: The District's mission is to deploy and maintain a state -of- the -art 9 -1 -1 emergency communication system that enables citizens in distress to quickly communicate their request for police, fire, or emergency medical assistance; and to ensure member jurisdictions have the appropriate 9 -1 -1 tools necessary to efficiently and accurately receive and process those requests, RESPONSIBILITY: To successfully accomplish the mission, Bexar Metro must deploy and manage a technology neutral network that routes all 9 -1 -1 requests to the appropriate answering and responding jurisdiction; create and maintain a time - sensitive, highly accurate database that displays the location, callback number, and owner's name of the specific 1 instrument used to call 9 -1 -1, procure, install, and maintain the specialized 9 -1 -1 equipment utilized by each authorized answering and responding jurisdiction; coordinate with municipal and jurisdictional addressing authorities to ensure the database contains accurate, standardized, and logical location information to ensure each citizen is easily and quickly locatable during time critical emergencies; and construct, deploy, and maintain a spatially accurate geographic digital map to support location determination technologies and enhance computer aided dispatch systems. Bexar Metro also is responsible for providing effective backup solutions for its Public Safety Answering Points (PSAPs) that may be required to evacuate their local facility in the event of a natural or manmade disaster. FUNDING: The District's source of revenue is the 9 -1 -1 emergency service fee applied to specified telephone access lines located in Bexar, Comal, and Guadalupe Counties. The Texas Health and Safety Code, Chapter 772, Section 772.314, authorizes the board to impose a 9 -1 -1 emergency service fee not exceeding six percent of the monthly base rate charged by the principal service supplier. The fee applies to 611,;= residential lines and up to the first one hundred business lines at one location., -The fee does' not apply to state and federal lines. Each year the board calculates the amount of the fee in conjunction with development and approval of the annual budget. By law, the fee has uniform application in each participating jurisdiction and must generate revenue sufficient to match current and projected operational expenses directly related to the District's mission and responsibilities, as well as providing reasonable reserves for contingencies and equipment replacement. The board of directors initially established the emergency service fee on March 6, 1987, and it remains unchanged. The Fiscal Year 2017 emergency service fee is: Residential Lines $ 0.22 _ Business Lines $ 0.51 Business Trunks $ 0.77 Nomadic!/oIP 0.50 In addition to fees assessed on wireline telephones, Bexar Metro also receives an emergency service fee from each wireless access line within its jurisdiction. This monthly fee, set by Texas law at $0.50 per line, recognizes that the wireless telephone is a link to 9 -1 -1 services and a wireless telephone ,user should therefore share a portion of the financial burden for provisioning the network-1 t;aiso is in recognition of the cost recovery mechanism required to defray a fair and reasonable portion of the network infrastructure expense the wireless providers incur in meeting the federal mandate for wireless Enhanced 9 -1 -1. The current fee structure is adequate to support programmed spending in FY 2018. OVERVIEW: The District's provision of 9 -1 -1 service to member entities began in January 1987 with the provision of Basic 9 -1 -1. Since that time, Bexar Metro has made several significant upgrades that enabled keeping pace with the explosion in communication and computer technology that is the foundation of next generation 9 -1 -1 services. The District has developed and deployed a sophisticated Geographic Information System that is the backbone of the 9 -1 -1 call delivery system; and has also installed and managed various iterations of Customer Premise Equipment (CPE) culminating in the current state -of- the -art Internet 2 ' JI Protocol (IP) equipment. Bexar Metro is currently involved in a two -year project to upgrade that first - generation IP equipment with new CPE that will accommodate next generation features once the Emergency Services IP Network (ESlnet) is deployed. The District's call delivery network continues to provide features and functionality concurrent with the technology changes and complexity of emergency communications. In addition to enhancing the technology required to provide the latest proven, state -of- the -art technology, Bexar Metro's new Quarry Run Regional Operations Center, scheduled to be operational in the summer of 2017, provides the District's PSAPs with an 81,000 square foot, fully redundant, and survivable facility that will permanently house the PSAP operations for the Bexar County Sheriff's Office and serve as a backup facility for the City of San Antonio Police and Fire Communications operations and all other:PSAPs served by Bexar Metro. The facility will also provide the infrastructure for data center- operations serving not only the District, but also the region and the state. Bexar Metro has paid cash for this facility, using the- service fee-',-structure established in 1987, while continuing to maintain its pay -as- you -go financial planning strategy. To fund District operations and capital projects, Bexar Metro's FY 2018 draft budget projects revenues from carriers utilizing the existing service; fee rate for wireline, Voice over Internet Protocol (VoIP), and wireless carriers It also includes the`transfer of reserve funds that have been set aside for capital projects Those reserve funds will be used to fund the purchase and deployment of the new CPE, replacing equipment at all._current PSAPs and adding 104 new positions at the Quarry Run facility. The FY 2018 budget expenditures is comprised of operations and maintenance (O &M) expense, capital projects -, and capital reserve...-- 'ln addition to funding current and future operations, the O &M budget continues to focus on the District's most critical resource —its professional staff. The FY 2018 financial,plan includes an increase in funding for personnel to enable modest _- salary , adjustments and to defray a significant increase in health care premiums In addition, Bexar Metro will be adding staff to support the Quarry Run facility, network, technology, and PSAP operations. The O &M expenses are projected to increase by 15.74 percent m FY 2018 primarily because of the deployment of new PSAP CPE network services and full time operations at the Quarry Run facility. The capital budget funds the outstanding items in our strategic survivability plan, including the completion of the Quarry Run facility, the network and IT infrastructure required to operate at the facility, and the deployment -of 9 -1 -1 CPE equipment. Also included is replacement of equipment at the District's Saddletree Court facility. EXPENDITURES: The FY 2018 budget total is $20,535,000. The budget includes $11,385,000 for operations and maintenance and $9,150,000 for capital improvements. To maintain the District's pay -as- you -go policy and fund the purchase and implementation of the new 9 -1 -1 system, Bexar Metro will be required to utilize $6,971,000 of its reserve funds. 0 �i The District has zero debt and is not authorized to incur debt. Therefore, capital recovery is typically an expense item into reserves to ensure the timely availability of sufficient funds necessary for facilities, technology advancement, modernization, and general equipment replacement. Projected service fee revenue normally fully funds the O &M and new capital improvements, while continuing to invest in reserves. The FY 2018 proposed budget does not include an investment in reserves because of costs associated with the start -up of the Quarry Run Regional Operations Center and the replacement of the 9 -1 -1 call taking equipment at all Bexar Metro PSAPs. This budget matches projected revenue and expense as required by Texas law. To ensure responsiveness and operational flexibility, the Chief Executive Officer may authorize the transfer of funds among budget line items if the overali annual budget amount remains unchanged. This budget does not necessitate an adjustment to the current emergency SPrVI�P. fPP Ii nk ii Dil� Proposed Fiscal Year 2018 Budget Revenue Wireline Service Fees Wireless Service Fees Interest Earned Transfer from Reserves Miscellaneous Revenue Total Available Funds Expense $ 2,517,400 $ 11,000,000 $ 34,600 $ 6,971,000 $ 12,000 $ 20,535,000 Proposed Fiscal Year 2018 Operations & Maintenance Personnel $ 2,755,000 Operations $ 6,468,000 Facilities $ 1,520,000 Education & Training $ 142,000 Contingencies $ 500,000 Total O &M Expense $ 11,385,000 Proposed Fiscal Year 2018 Capital Budget PSAP Upgrades $ 25,000 Administration Facilities $ 75,000 Regional bperations Center(s) $ 9,050,000 Total Capital Expense $ 9,150,000 Total FY 2017 Budget $ 20,535,000 BEXAR METRO 9 -1 -1 NETWORK Approved by the Bexar Metro Board this Fifteenth Day of May 2017. By: �, Name: James C. Hasslocher Title: Chairman 5 BEXAR METRO 9 -1 -1 NETWORK DISTRICT FISCAL YEAR 2018 BUDGET APPROVAL . ...�� DISAPPROVED NO ACTION TAKEN DATE Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -S -20 — Consideration and possible action to amend the Schertz Comprehensive Land Plan by changing certain land area designations on the Future Land Use Plan in northern Schertz (Final Reading) BACKGROUND The City is proposing to amend the Future Land Use Plan (FLUP) for two areas in northern Schertz identified in the attached ordinance. The intent of this amendment is to change the FLUP to reflect the existing development and provide for more appropriate and compatible future development. This proposed amendment to the FLUP will not change or alter any existing regulations or zoning districts. The City of Schertz's Comprehensive Land Plan (CLP) is a policy document that serves as a guide for decisions relating to the physical, social, and economic growth of the City. The CLP includes goals, policies, and identifies issues in the following development related categories: Land Use, Transportation, Public Facilities, Parks and Recreation, Community Enhancement, and Growth Capacity. The CLP consists of multiple parts including the Future Land Use Plan, The Parks and Recreation Master Plan, the Sector Plan amendment, and the Master Thoroughfare Plan. From time to time Planning Staff reevaluates the CLP and recommends updates and amendments to City Council. The proposed amendment is specifically to amend the FLUP for two areas in northern Schertz. The first area proposed for amendment is generally located along Old Wiederstein Road from Wiederstein Road extending east to just past FM 1103, and is predominately single family residential homes and commercial business along FM 1103. The second area proposed for amendment is generally located along IH -35 beginning approximately 700 feet east of Schwab Road continuing east to the Schertz ETJ limit, and is mostly commercial businesses and undeveloped property. A public hearing notice was published in the San Antonio Express News on May 31, 2017. A total of 1,400 public hearing notices were mailed out to property owners in the subject areas and to the City Council Memorandum Page 2 surrounding property owners within two hundred (200) feet of the subject areas on May 12, 2017 prior to the May 24, 2017 Planning & Zoning Commission meeting. During the May 24, 2017 Planning & Zoning Commission meeting a public hearing was held where, 9 people spoke with 2 in favor of the amendment and 4 people opposed to the amendment. A summary of the comments is provided below: Justin Hutz — 712 Morningside • Commented that he is areal estate agent representative for a landowner. • In favor of the amendment. • Requested that staff review the other side of IH35 close to 482 and Schwab Rd. Trey Jacobson- 300 Convent • Commented that he is areal estate consultant for Mr. Don Buttrum, landowner at I -35 and Eckhardt Rd. • In favor of the amendment. Andy Bloom- 201 West Silversands • Requested a copy of the map exhibit with the streets labeled. Tim Fey- 6028 FM 482 • Commented that his farm has been in his family for over 150 years and is concerned with the elimination of agricultural land and areas that can be used for the needs of future generations to enjoy the outdoors. • Commented that land would be better for the future if it could be accessed close to the city and the city should not be all homes and rock quarries. • Not in favor of the amendment. Mark Friesenhahn- Friesenhahn Lane and FM 482 • Commented that his farm has been in his family since 1857 and concerned about the city losing its agricultural heritage. • Not in favor of the amendment. Chris Hoffmann- 11601 Schaefer Rd • Commented that she wants preservation of rural and agriculture areas. • Not in favor of the amendment. Rosemary Hendrix- 3017 Turquoise • Expressed concerns with South Schertz regarding lift station, drainage, sewer, need to consider homeowners concerns, and to slow down growth in the area. • Not in favor of the amendment. Ronald Shot - 1300 Engel Rd • Expressed concerns regarding FEMA floodplains along Engel Rd, and would like FEMA to reevaluate and extend the floodplain. Robert Pettisky- 1117 Twin Ln • Commented that he wants preservation of rural and agriculture areas. City Council Memorandum Page 3 City Council approved this on first reading at their meeting of June 27, 2017. Goal The goal of this amendment is to update the FLUP to reflect the existing development and provide for more appropriate and compatible future development. 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. Summary of Recommended Action The City is proposing to amend the FLUP for two areas in northern Schertz identified in the attached ordinance. The intent of this amendment is to change the FLUP to reflect the existing development and provide for more appropriate and compatible future development. This proposed amendment to the FLUP will not change or alter any existing regulations or zoning districts. The first area proposed for amendment is generally located along Old Wiederstein Road from Wiederstein Road extending east to just past FM 1103. This area is currently identified on the FLUP as "Industrial ", "Industry, Technology and R and D ", and "Parks, Open Space ". The existing development in this area is predominately single family residential and includes the Belmont Park, Riata, and Fairway Ridge subdivisions as well as some large lot single family homes on Old Wiederstein and commercial businesses located along FM 1103. Due to the existing development, it is the opinion of Staff that the "Industrial" and "Industry, Technology and R and D" land designations are no longer feasible or appropriate. Staff is proposing to change the FLUP designation for this area to "Single Family Residential" in order to have the plan accurately reflect the existing development and provide for more compatible and appropriate future development along Old Wiederstein. The "Single Family Residential" designation is defined as: Single Family Residential - Conventional detached dwellings. For areas proposed to utilize a traditional neighborhood design the Single Family Residential use may include a mix of residential uses as well as limited commercial development to support the daily activities of the development. In all Single Family Residential use areas, public and semi-public development such as schools and churches are encouraged as neighborhood focal points. In addition to allowing for traditional neighborhood single family development, this land use designation provides for limited commercial development in appropriate areas. For example, this designation supports existing and future commercial development and land uses along FM 1103 and provides for possible future commercial development in appropriate areas along Old Wiederstein Road and Wiederstein Road. The second area proposed for amendment in northern Schertz proposed to be amended is located along IH -35 beginning approximately 700 feet east of Schwab Road continuing east to the Schertz ETJ limit. This area is currently identified on the FLUP as "Agricultural Conservation ". Planning Staff is proposing to change the FLUP designation for this area to "Commercial Campus" to allow City Council Memorandum Page 4 for typical interstate development along the IH -35 corridor and to further the goals and objectives of the Comprehensive Land Plan. The "Commercial Campus" designation is defined as: Commercial Campus- The Commercial Campus land use/ character area is intended to encourage the development of lower intensity commercial and office uses in locations between major intersections as a buffer between the Interstate Highway and adjoining neighborhoods. Given the significant linear frontage along IH -35 in North Schertz, there are several opportunities to accommodate low impact campus development that takes advantage of the highway frontage and any major environmental assets (such as flood plains, steep grades, and significant vegetation) as aesthetic amenities on the site. This category could also accommodate light manufacturing or flex office uses set in a campus like environment in addition to multi family residential located at mid -block locations and as transitions between office /light industrial uses and adjoining single family residential uses. Approval of the proposed amendment would change the FLUP for these areas per the attached ordinance. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted a public hearing on May 24, 2017 and offered a recommendation of approval by a unanimous vote. The proposed amendments to the Future Land Use Plan are consistent with the goals and objectives of the Comprehensive Land Plan. Staff recommends approval of the proposed amendments to the Future Land Use Plan. City Council approved this on first reading at their meeting of June 27, 2017, staff recommends approval of final reading of Ordinance 17 -S -20. ATTACHMENT Ordinance No. 17 -S -20 ORDINANCE NO. 17 -S -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE COMPREHENSIVE LAND PLAN BY CHANGING CERTAIN LAND AREAS TO SINGLE FAMILY RESIDENTIAL DESIGNATION AND CERTAIN LAND AREAS TO COMMERCIAL CAMPUS DESIGNATION ON THE FUTURE LAND USE PLAN. WHEREAS, staff is proposing to amend the Comprehensive Land Plan by changing Future Land Use Plan for two areas in northern Schertz identified in Exhibit A. The first area is proposed to be changed to Single Family Residential and is generally located along Old Wiederstein Road from Wiederstein Road extending east to just past FM 1103. The second area is proposed to be changed to Commercial Campus and is generally located along IH -35 beginning approximately 700 feet east of Schwab Road continuing east to the Schertz ETJ limit; and WHEREAS, the City's Unified Development Code Section 21.4.6.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 an amendment to the Comprehensive Land Plan (the "Criteria "); and WHEREAS, A total of 1,400 public hearing notices were mailed out to property owners in the subject areas and to surrounding property owners within two hundred (200) feet of the subject areas on May 12, 2017 and public hearing notice was published in the San Antonio Express News on May 31, 2017; and WHEREAS, on May 24, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation of approval of the amendment to the Comprehensive Land Plan; and WHEREAS, on June 27, 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 amendment be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current Comprehensive Land Plan is hereby amended to designate the areas as shown and more particularly described in the attached Exhibit A as Single Family Residential and Highway Commercial on the Future Land Use Map. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. 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 27th day of June, 2017. PASSED, APPROVED AND ADOPTED on final reading the 11th day of July, 2017. Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (SEAL OF THE CITY) 11 f � 1p�W,Ap 0 1 SCHHERTZ o ° ;lAo COMMUNITY* SERVICE* OPPORTUNITY l j h0 p 0 ♦ ♦ot ♦ ♦�� ♦ �q 1/00 a °O �. O 'IDO O 0 O 00 CO O O A?AG 00 O 0 : i 9 0 - O oo k A?AG Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Subject: BACKGROUND City Secretary Boards, Commissions and Committee Member Appointments The City Secretary's Department recently received an application from Mr. Charles (Chuck) Cornelisse who desires to be placed on the Transportation Safety Advisory Commission as an Alternate Member. Mr. Cornelisse's application was vetted through the interview committee where they agreed to recommend to Council the appointment. FISCAL IMPACT None RECOMMENDATION Staff recommends approving the appointment of Mr. Charles Cornelisse as an Alternate Member to the Transportation Safety Advisory Commission. ATTACHMENT Application (Council only) Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Engineering Subject: Ordinance No. 17 -S -21— An Ordinance by the City Council of the City of Schertz, Texas, amending the Master Thoroughfare Plan of the City of Schertz. Final Reading BACKGROUND 78% of respondents in the recent community survey indicated that traffic will be the biggest issue that the City of Schertz will face within the next five years. They also indicated that road repair, maintenance, and expansion as well as planning for rapid growth will be issues facing Schertz going forward. The proposed update to the City's Master Thoroughfare Plan (MTP) is the planning effort designed to deal with this issue. The City is proposing to update the MTP section of the Comprehensive Land Plan to provide for an appropriate transportation network for the City of Schertz given anticipated growth patterns and changing community demographics in the City of Schertz and the surrounding communities and jurisdictions. The purpose of the MTP is to provide a framework of land use and transportation infrastructure which will serve as a guide for the efficient movement of vehicles throughout the growing City of Schertz. The plan must be updated periodically to address changes in land use, growth and growth projections, and changing goals and objectives of the City. The basis of the existing plan and subsequent updates is the City's Comprehensive Plan from 2002. The MTP has been amended several times since the Comprehensive Land Plan was originally adopted in 2002, but this is the first comprehensive update to the MTP. In addition to the thoroughfare plan, the update includes trails network plan that provides for bike lanes and hike and bike trails (shared use paths). The goals of the MTP include mobility and connectivity, improvement of existing roadway infrastructure, preservation and enhancement of environment and aesthetic value, and identification and advancement of alternative modes of transportation. The proposed update to the MTP addresses those goals in the context of updated input including re- evaluating existing and proposed land uses and growth projections, current and forecasted traffic volumes, and analysis of existing and future connections to adjacent communities for connectivity of roadways at a regional level. The proposed updated MTP also addresses and updates the City's street functional classifications and design guidelines (right -of -way widths and cross sections). Advisory groups comprised of the Capital Improvement Advisory Committee Members (Planning and Zoning Commissioners plus two additional members), Transportation Safety Advisory Commissioners, and Economic Development Corporation Board Members acted as City Council Memorandum Page 2 representatives of the public at large and met several times as part of the process of updating the MTP. An open house was held and all property owners within the City corporate limits and extraterritorial jurisdiction (ETJ) were invited via post cards that were mailed to each property owner to solicit input and feedback. A Public Hearing was held at the May 24, 2017, regular meeting of the City of Schertz Planning and Zoning Commission. The following people spoke at the public hearing: City Council Memorandum Page 3 Rick Robertson- 23041 Nacogdoches Rd • Where will the land for the dedication come from • Not in favor with staff's recommendation Mark Penshorn- 8320 Trainer Hale Rd • Concerns on flooding if FM 3009 is extended • Concerns on drainage for south Schertz • Not in favor with staff's recommendation Darrell Drouillard- 11721 Moonlight Meadows • Concerns on the FM 3009 Extension • Negatively impact the subdivision • Concerns on flooding • Concerned about the livability, market values, noise issue • What interactions will be for Authority Lane and Moonlight Meadows • Not in favor with staff's recommend Reagan Rawe- 7993 Trainer Hale Rd • Why was the San Antonio River Authority, Texas State Agriculture Board not contacted about the Cibolo Creek on tributaries with the road comes development will disrupt the creeks and water shed. • Not in favor with staff's recommendation John Flores- 11218 Flores Rd • Mentioned that the San Antonio River Authority took 2.5 acres from his property for the drainage channel • Concerned about more of his land will be taken if the FM 3009 extension is approved Not in favor with staff's recommendation • Not in favor with staff's recommendation Rosemary Hendrix- 3017 Turquoise • Who controls the roads and the Board should be more concerned with current residents not future residents • Concerned that Schertz is losing our values • Had a questions regarding TXDOT improvements on FM 1518 and what is the ETA on seeing the results • Not in favor with staff's recommendation Wayne Ashabraner- 8200 Starr Ranch • Represents 13 families in south Schertz • Concerns about the FM 3009 extension • Concerns on traffic along Ray Corbett Dr. with the current school and new school being built in this area. • Concerns on drainage issues • Not in favor with staff's recommendation City Council Memorandum Page 4 Sherlyn Fye- 6028 FM 482 • Concerned on why the city is only reviewing major changes to Schwab Rd • Needing more truck routes in north Schertz • Not in favor with staff's recommendation Arnold Villafranco- 7006 Robin Hood Way • Concerned with traffic & safety on FM 1518 • Had a question on the guard rail on Ware Seguin Rd • Not in favor with staff's recommendation Leslie Branham- 145 Cloverleaf Dr • The consultants that did the study need to also seek concerns from the residents and local city staff • Concerned about flooding • Concerned on the existing roads • Not in favor with staff's recommendation Gladys Haecker- 8205 Trainer Hale Rd • Concerned about FM 3009 extension • Concerned about the new proposed streets will affect their property • Not in favor with staff's recommendation Rick Robertson- 23041 Nacogdoches Rd • FM2252 used to be altered • Need to listen to residents' concerns and not rush thru decisions Craig Moore- 7703 Trainer Hale Rd • Having a hard time reading the map due to no cross streets • Concerned about the wildlife • Concerned with FM 3009 • Concerned with noise, and traffic • Concerned about the language that states "Large Property" Mike Vajdos- 3805 Arroyo Seco • What is the proposed traffic count on FM 3009 and what is the current density of people per sq. mile in Schertz Keith Sanders- 20724 Wahl Lane, San Antonio • In favor for with staff's recommendation Herman Harlohs- 11564 Ware Seguin Rd • Concerns with flooding and the bridges • South gate concern that is a truck use gate only • Concerns Engel Rd and concerning a flood area • Question on Ware Seguin on the guard rails Jamie Lyndolfer- 12828 Lower Seguin Rd • Voted for bond for improvements of Lower Seguin Rd • Concerned that the contractor be an outside certified contractor After the Public Hearing, the Commission unanimously voted to recommend the proposed Master Thoroughfare Plan update for approval by City Council. City Council Memorandum Page 5 Goal To provide an up -to -date thoroughfare plan with a long -range vision of a transportation network including a range of transportation options and accommodations for multimodal components. The City of Schertz and the surrounding communities will continue to grow in the coming years. This will result in increased demand on the current road system. As has been experienced over the past decades, this increased demand will result in increased traffic. Schertz' unique shape and topography, and manmade constraints create significant challenges to easily moving across the City. In less than 30 years the City has grown from a population of just over 10,000 to over 40,000. Infrastructure, including roads must grow to meet this demand. Many of the questions and concerns expressed at the P &Z meeting and through the public input process have centered around the timing of the road construction and the impact on the property owners. Unfortunately, we cannot predict when the roads will be built. That is a function of when traffic demand creates a need for the roads and funding is available. If development does not occur as anticipated, the roads may not be built, but more likely as property owners in the area, both in Schertz and in neighboring cities, decide to sell their property to developers the need will arise. It should also be noted that the alignment shown is generalized, not an exact location of the road. Efforts will be made when setting exact alignments to follow property lines where possible rather than bisecting tracts, avoid structures, historically significant areas, and environmentally sensitive areas to the degree possible. That being said, it is not always possible to do those things. City Council approved this on first reading at their meeting of June 27, 2017. Community Benefit An appropriately laid out and constructed transportation network directly supports the City of Schertz Policy Values of Safe Community and Essential Services, while also providing guidance promoting an attractiveness and fiscal sustainability which can lead to economic prosperity. It is important to note that thoroughfares shown on the plan will be constructed and expanded as traffic volumes warrant their construction and funding is available. Additionally, the alignment shown on the plan is a generalized alignment that will be refined as properties are platted and roads are designed. FISCAL IMPACT None. RECOMMENDATION The proposed amendments to the Master Thoroughfare Plan section of the Comprehensive Land Plan are consistent with the goals and objectives of the Comprehensive Land Plan and consistent with current and projected future circumstances with respect to transportation within the City and the region. Staff recommends approval of final Reading of Ordinance 17 -S -21 of the proposed amendment to the Master Thoroughfare Plan. ATTACHMENT Ordinance 17 -S -21 City Council Memorandum Page 6 Proposed Master Thoroughfare Plan Power Point Presentation from the May 24, 2017 P &Z meeting. ORDINANCE NO. 17 -S -21 AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF SCHERTZ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas (the "City ") has adopted a Master Thoroughfare Plan (the "Master Thoroughfare Plan ") as part of the City's Comprehensive Land Plan (the "Comprehensive Land Plan "), which is established under the City's Amended and Restated Unified Development Code (the "UDC "); and WHEREAS, the City Staff has recommended an update to the current Master Thoroughfare Plan; and WHEREAS, the Planning and Zoning Commission of the City conducted a public hearing and, after considering the Criteria, made a recommendation of approval of the proposed amendment to the Master Thoroughfare Plan, which is set forth on Exhibit A attached hereto and incorporated herein (the "Amendment "); and WHEREAS, the City Council has been presented with the proposed Amendment and has determined that the Amendment is in the best interest of the City; and WHEREAS, all conditions required prior to implementing the Amendment have been satisfied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Master Thoroughfare Plan of the Comprehensive Land Plan is hereby amended as set forth on Exhibit A to this Ordinance. This amending Ordinance shall be noted on the cover of the revised UDC. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of 50555339.2 -1- such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 27th day of June, 2017. PASSED, APPROVED AND ADOPTED on final reading the 11th day of July, 2017. Michael R. Carpenter, Mayor City of Schertz, Texas ATTEST: Donna Schmoekel, Deputy City Secretary, City of Schertz, Texas (Seal of City) 50555339.2 -2- EXHIBIT A PROPOSED MASTER THOROUGHFARE PLAN See attached DRAFT Ypr, �L mlw ll� - .m ■�,,, �,n r n)(C1H1E1RCFZ COMMUNITY- SERVICE • OPPORTUNITY Acknowledgements Thank you to the following for their participation and involvement in the development of this report. City Council Michael Carpenter, Mayor Mark Davis, Place 1 Ralph Gutierrez, Place 2 Scott Larson, Place 3 Cedric Edwards, Place 4 Robin Thompson, Place 5 Angelina Kiser, Place 6 Bert Crawford, Place 7 Key City Staff John Kessel, City Manager Brian James Kathryn Woodlee Bryce Cox Advisory Committee Planning and Zoning Commission (P &Z) David Richmond, Chair Ernest Evans, Jr., Vice Chair Christian M. Glombik, Commissioner Ken Greenwald, Commissioner Richard Braud, Commissioner Michael Dahle, Commissioner Glen Outlaw, Commissioner Capital Improvements Advisory Commission (CIAC) P &Z members, above, plus Dr. Mark Penshorn Tim Brown Freese and Nichols Edmund Haas, AICP Kevin St. Jacques, PE, PTOE Dan Sefko, FAICP David Paine, PTP, AICP Daniel Herrig, EIT Table of Contents Transportation Safety Advisory SEDC Participating Committee (TSAC) Members Stephen Bish, Chair Tim Brown Bill Bowers, Commissioner Mark Tew Richard Dziewit, Commissioner Mireille Ferdinand John Correu, Vice Chair Roy Richard Ronald Perry, Commissioner Paul Macaluso Roy Ragsdale, Commissioner Mary "Katie" Chain Paul Ryson, Commissioner Gary Howell John Sullivan, Commissioner Rosemary Scott Glen Outlaw, Commissioner Sydney H. Verinder Phillip Rowland, Alternate Marvin Thomas Larry Franklin Grady L. Morris, Sr. Eric Haugen Deborah Perrone Max Hernandez Terry Welch John Cook Gary Preston 2017 DRAFT Table of Contents Chapter1. Basis for the Plan ................................................................................. ..............................1 Introduction................................................................................................................ ..............................1 GuidingGoals and Objectives ..................................................................................... ..............................2 TransportationPlanning ............................................................................................. ..............................9 PublicInvolvement ..................................................................................................... ..............................9 Chapter 2. Transportation System Needs ............................................................. .............................12 Regional Mobility and Connections ........................................................................... .............................13 LocalMobility and Safety ........................................................................................... .............................20 Non -Auto Considerations ........................................................................................... .............................24 Forecast Transportation Conditions ........................................................................ ............................... 29 Chapter 3. Thoroughfare System Plan .................................................................. .............................37 The Master Thoroughfare Plan .................................................................................. .............................37 Street Functional Classifications and Design ............................................................. .............................39 Design Guidelines and Special Considerations .......................................................... .............................47 Administration........................................................................................................... .............................52 Conclusion.......................................................................................................... .............................53 Appendices......................................................................................................... .............................54 Table of Contents 9 List of Figures Figure 1. Regional Highway Network ......................................................... ............................... Figure 2. Schertz Area Arterial Roadway Network .................................... ............................... Figure 3. Daily Level of Service, 2015. Source - GRAM traffic counts ........ ............................... Figure 4. Crash Rates, 2012 -2014. Source TxDOT CRIS .............................. ............................... Figure 5. Bikes, Trails and Recreation Network ......................................... ............................... Figure 6. Representative Land Use related plans incorporated ................ ............................... Figure 7. Model Traffic Area Zones ( TAZs) ................................................. ............................... Figure 8. Land Use Intensity, 2010 ............................................................. ............................... Figure 9. Land Use Intensity, 2040 ............................................................. ............................... Figure 10. 2011 Comprehensive Plan based Transportation Network - AAMPO ..................... Figure 11. Schertz Network Modeled Result ............................................. ............................... Figure 12. Master Thoroughfare Plan Map ................................................ ............................... Figure 13. 1 -35 Managed lanes illustrative - View from Schertz Parkway. Source: 1 -35 EIS...... Figure 14. Four -Lane Principal Arterial Section ......................................... ............................... Figure 15. Six -Lane Principal Arterial Section ............................................ ............................... Figure 16. Secondary Arterial Section - Wiederstein Road ....................... ............................... Figure 17. Secondary Rural Arterial Section - Ware Seguin Road ............. ............................... Figure 18. Residential Collector- Example: Savanah Drive ....................... ............................... Figure 19. Commercial Collector - Example: Four Oaks Lane .................... ............................... Figure 20. Commercial Collector (TOD) - Example: New Streets in TOD area .......................... Figure 21. Driveway and Non - Signalized Intersection Spacing Guidelines ............................... Figure 22. Example, Shared Access Easement ........................................... ............................... Figure 23. Example, Cross Access Easement .............................................. ............................... Figure 24. Major Arterial Flared Intersection ROW Dedication guidelines .............................. Figure 25. Binz - Engleman to San Antonio Connection Alternatives considered ...................... Figure 26. Schertz Parkway, North connection consideration ................... ............................... Figure 27. Excerpt, 2002 Master Thoroughfare Plan, connection Illustrating the concept for extensionof FM 3009 ................................................................................ ............................... Figure 28. Excerpt of FM 3009 screened route options, FM 3009 E Study, 2007 .................... Figure 29. Route alternatives considered for Southern Schertz, preliminary, 2015 ................ Figure 30. Arterial Spacing, Source FM 3009 E Study, 2007 ...................... ............................... Figure 31. Alternative Alignment connection to FM 3009 ........................ ............................... Table of Contents 13 15 20 21 25 30 31 32 32 33 34 38 40 41 41 42 43 44 45 45 49 50 50 52 58 58 ................ 59 ................ 59 ................ 59 ................ 60 ................60 Chapter 1. Basis for the Plan Introduction Schertz is a growing city located on the banks of the Cibolo Creek in Central Texas. Home to a diverse economic base, a well- educated populace, and close access to Schertz's "largest suburb, San Antonio," the city is actively engaged in considering and guiding growth opportunities while maintaining the character and qualities that so many of its residents identify with. In 2015 the City Council saw the need to update the Master Thoroughfare Plan (MTP) adopted as part of the Schertz Comprehensive Plan, to weave together plan activities that had occurred since the plan's adoption, to reflect an updated view from the community, and to more specifically guide the development of a transportation network outlined in the comprehensive plan. The City of Schertz has completed a lengthy effort to update its MTP. The thoroughfare network is one of the most visible and permanent elements of a community, and it is experienced by residents daily as they make choices of how to connect where they live, work, and play. The Schertz MTP identifies future transportation needs for the area, goals and policies, and short- and long -term capital investments for improvements to existing roads, construction of new roads, bicycle, pedestrian, and transit supporting facilities. This plan also provides a framework for a balanced transportation system to offer choices in how people travel, and includes assessment of traffic volumes and crash statistics, corridor design, and a a San Antonio Canyon SG Lake New Braunfels f Garden - Rfdge- - - - _ r_r8olo Sams Y Clare Mcaueene9 Se +ma Marlorr� unmarsn! - -- Lrve yak Crfy S +Wondcresf convers? 1 K,rhy va eF t China 0 Schertz St. Hedw,g New Bedw La Vemi.9 <e Chapter 1: Basis for the Plan o M M F h M 4 recommendation for MTP planned alignments with functional classifications and multimodal components. It also serves as a guide for transportation investment decisions. This plan serves to update Schertz's long -term vision for a range of transportation options and accommodations including personal and commercial vehicles, bicycling and walking, and transit. As an initial stage of the Schertz MTP Update, the city conducted an issues identification process where a series of meetings identified issues to be addressed and the goals to be achieved by the plan. Two groups were appointed by council to guide the development of the scope to advance the plan. These included the city's MTP advisory committee and a Capital Improvements Advisory Committee (CIAC). The appointed committees represented the public at -large in the plan update, assisted in developing a mental picture of what residents want Schertz to look and feel like as it continues to grow. The committees also provided critical input and feedback on alternatives considered by the team, draft recommendations, and helped guide community involvement for the MTP update. This input and feedback helped to refine the details of the plan working towards the plan update, which was presented as a draft to the MTP advisory committee with a target for adoption in Spring 2017. Guiding Goals and Objectives In 2015, initial meetings on the MTP update involved listening and the continuation of the ongoing conversation regarding transportation options necessary to accommodate future growth and reflect the positive quality of life in Schertz, and build on the city's Comprehensive Plan and Sector Plan updates from 2013. Community input helped provide background, context, and policy direction for updated recommendations related to planning transportation facilities in the city. c Guiding project goals were developed based on the adopted Comprehensive Plan's goals and strategies, distilled into four goal areas regarding transportation for implementation, which are considered to represent the community's current thinking on values and aspirations as expressed through the process. They relate to the city's Comprehensive Plan in important ways. The following are a summary of the transportation - related goals and related objectives from the adopted Schertz Comprehensive Plan being _ s addressed, updated, or included by this plan: Hierarchy of Thoroughfares � » Efficient connections - �. I » Interagency and intergovernmental coordination Continuity of Traffic Flow - - -_- - » Maximize continuity of the network to ensure citywide mobility and minimize response times for emergency vehicles Chapter 1. Basis for the Plan » Plan, fund, and implement improvements in the MTP • Provide for increased demand while preserving and enhancing the attractiveness of the environment » Ensure transportation projects include greenspace and landscaping in the right of way (ROW) • Promote Alternative Transportation Modes » Incorporate Bicycle and Pedestrian master plan, on- and off - street trails, bike routes, and sidewalks » Provide safe and effective means to accommodate pedestrian traffic and prioritize improvement areas based on type of street and adjacent land use » Address pedestrian safety issues • Coordinate with railroad companies to improve safety conditions of lines through the community » Pursue improvements at intersections of railroad lines with arterial and collector roadways Ultimately the MTP attempts to balance these goals and inform public decision making on the MTP based on this framework. Based on existing plans, council, and community input, the MTP actions build on the goals and objectives noted above, and focus on the four following areas, expanded on below with specific objectives: 1. Access and Mobility Roadway connections, continuity Regional Rail Pathways /trail connections Neighborhood connectivity Chapter 1: Basis for the Plan M M M 4 N. 2. Local Context and Character Preference Visual /aesthetic landscaping and greenspace Walkable, context sensitive, prioritize connecting neighborhoods, schools, parks, shopping, and enjoyment centers 3. Preserving Existing infrastructure Corridor preservation Partner agency and neighborhood coordination and collaboration 4. Fiscal Stewardship Maintenance, enhance intersections Access coordination Agency coordination, partnerships r,W Chapter 1. Basis for the Plan Goal #1: Access and Mobility A crucial goal for any major MTP is the ability to reach desired goods, services, and activities. The provision of transportation options to reach destinations in Schertz will grow as the city does. This goal is represented in Schertz through efficient system management and operations, through context sensitive and complete streets designs, and with a network of transportation choices. The growing multimodal network will provide connections to where residents work, live, and play, whether in Schertz or away, through a system offering opportunities to drive, walk, bike, and connect to transit. Goal #1: Provide efficient, safe mobility to, from, and within Schertz by providing multimodal transportation options and management for existing and anticipated future needs. Objective M1. Provide safe mobility options for people who live, work, and visit Schertz, including efficient connections to regional economic activities and other communities. Objective M2. Create and preserve convenient connections between neighborhoods, schools, access to commercial areas, and neighborhood assets to provide alternative routes for short trips for people on bike and on foot and reduce trip lengths overall. Objective M3. Plan improvements to the arterial and collector street network to support the balanced mobility of motorists, pedestrians, bicyclists, and commerce. Objective M4. Provide for an alternate mode of transport to and from Schertz such as a regional rail system. Objective M5. Provide a location for a park- and -ride along the Interstate Highway 35 (1 -35) and 1 -10 corridors to take advantage of pending express -lane improvements and expansion of regional transit connections, with the intent to provide a viable alternative to the personal vehicle for commuting. Objective M6. Provide a network of bicycle and pedestrian facilities, including sidewalks, bike routes, bike lanes and paths, which provide mobility options, regional and multimodal connectivity, and increase recreational opportunities for Schertz residents. Chapter 1: Basis for the Plan r r M M M M 4 Goal #2: Local Character Preference A healthy Schertz community in 2040 will be achieved by ensuring transportation and infrastructure investments focus on people and places. Investments should enhance active transportation choices and accessibility, and also create lasting value that complements the character of Schertz's neighborhoods, employment centers, and activity centers. Goal #2: Provide a safe transportation network planned and designed with people and places in mind, including amenities and green space design treatments that reflect a positive experience for all modes of transportation. Objective S1. Adopt policies, ordinances, and programs that promote multimodal, context sensitive considerations, and green natural aesthetics, such as landscaped medians, into the planning and project funding of transportation facilities in Schertz. Objective S2. Continue departmental processes and procedures to ensure coordination of land use and transportation planning, while including context sensitive solutions for design and implementation of transportation corridors and facilities in Schertz. Objective S3. Provide transportation investments and procedures that help enhance traffic access and circulation, walkability, bikeability, aesthetics, and amenities throughout Schertz. Objective S4. Invest in improvements to minimize the impact of railroads through Schertz. Chapter 1. Basis for the Plan Goal #3: Preservation of Existing Transportation Network Through efficient system management, this plan places high priority upon maintenance, rehabilitation, safety, and reconstruction of basic infrastructure systems. As neighborhoods in Schertz continue to mature, we will continue to maintain high quality transportation infrastructure including streets, sidewalks, and other public infrastructure facilities. Investments will provide a balance between the transportation needs of the community and the needs of local neighborhoods. Goal #3: Prioritize investments to ensure the ongoing maintenance, rehabilitation, safety, and reconstruction of the current thoroughfare network and supporting infrastructure. Objective P1. Preserve ROW for anticipated arterial roadways through corridor preservation and subdivision plat dedication. Objective P2. Coordinate action with regional partners to ensure that planned connections are feasible and existing infrastructure is not expanded unduly. Objective P3. Manage roadway congestion and increase mobility and safety for all roadway users through intersection enhancements, operational improvements, targeted capacity enhancements, and promotion of alternative means of transportation. Objective P4. Design, operate, and manage the transportation system to maintain or improve the quality of multimodal mobility, access, and safety for those traveling in and living within Schertz. Objective P5. Develop and implement transportation performance measures and programs to monitor, evaluate, and forecast the degree to which the transportation system investments accomplish community goals and mobility objectives. Chapter 1: Basis for the Plan Goal #4: Fiscal Stewardship Schertz strives to provide a roadmap of actions for transportation and infrastructure investments to maximize the benefits for multiple user groups in a way that is both fiscally and environmentally responsible. Investments will include input from the community at large and the priorities as identified through regular and ongoing dialog with stakeholders. Consideration will be given to actions that support economic vitality that promotes economic growth while using resources in an efficient and effective manner. These fiscally sound efforts are intended to continue a diverse, vibrant, local economy with a strong tax base, thus reducing the future fiscal burden on residents to provide city services. Goal #4: Optimize the use of City of Schertz funds and leverage additional funding for transportation to maximize the Schertz public return on investment in transportation infrastructure and operations. Objective F1. Identify and pursue private, regional, state, and federal revenue sources for funding multimodal transportation improvements in Schertz, and actively engage in regional efforts to identify and allocate funding sources. Objective F2. Integrate state and federal long -range transportation planning factors with local and regional transportation planning to maximize future funding opportunities for surface transportation projects in Schertz. Objective F3. Evaluate and if appropriate, implement directed funding sources such as tax assessment for transportation that ensure adequate funds are directed to transit improvements — street construction, hike - and -bike trails, etc. Objective F4. Plan for and preserve ROW and other real property for future multimodal transportation and supporting infrastructure investments in advance of economic development. Objective F5. Promote land development strategies and suitable locations to maximize and support multi - modal development, such as the mixed -use districts and transit oriented development of the North Sector Plan, which maximize the benefits of transit investment in a location with a combination of convenient proximity, road access, and walkability. t Chapter 1. Basis for the Plan Transportation Planning The MTP is the long -range plan for major transportation facilities for the City of Schertz. The MTP, like the Schertz Comprehensive Plan, is a living document and is intended to accommodate development of the city's thoroughfare network, but is also meant to be updated periodically as conditions change. The plan is also a corridor and ROW preservation document, allowing for the orderly coordination of development for a transportation network that supports the city's growth and development over time. Future thoroughfare alignments are long term and general in nature, and have been developed with high -level planning consideration based on current, available conditions. As such, their alignments may be modified during development of specific projects or over time, but the linkages should be maintained so that the overall system functions as a whole. Thoroughfares in this plan are generally arterial roadways that serve moderate and higher traffic volumes, connect with and serve the state highway system. However, this plan also illustrates some collector class roadways — roads not considered arterials but still important to provide connectivity for the city in areas with lower densities across multiple parcels of ownership, or areas where functional connectivity is needed. This section describes the public process used in the creation of the plan, the referenced planning documents that formed the basis for its development, coordination process, and formal adoption process. Public Involvement Development of the Schertz MTP Update was an open and collaborative process involving citizens, adjacent jurisdictions, and public entities. Master Thoroughfare Plan Advisory Committee Two groups were appointed to guide the development of the plan: the MTP advisory committee and a CIAC. The MTP advisory committee provided direct input in the formative stages of the plan update. As part of the information gathering during the formative stages of the plan, the city combined the standing Planning and Zoning Commission with the Transportation Safety Advisory Commission to form this joint advisory committee. A separate CIAC was also convened to take formal action on a number of items during the process, including guidance on specific transportation projects. The CIAC is made up of the Planning and Zoning Commissioners plus one additional appointed member. The committees met with the plan development team multiple times throughout the process, providing critical background information, context, and transportation im alternatives development history for the community. They acted as a sounding board for mobility concepts to be evaluated by the team, refined goals, affirmed the identification of the existing transportation conditions, discussed and prioritized the transportation system and policy needs for Schertz, and provided feedback Chapter 1: Basis for the Plan on potential system improvements. The CIAC also formally adopted the growth rates to be used for demographics analysis, the resulting land use analysis used for evaluation of the transportation network, and made recommendation on near term capital improvements to the City Council. Public Meetings and Presentations A series of public committee and advisory group meetings, progress meetings, City Council briefings, and an open house were made to review and discuss the existing conditions and needs, plan alternatives, policies and programs, and implementation strategies for the plan update. The materials presented at these meetings and comments received are summarized in Appendix A, Meeting Materials. Meeting Date City Council, Project Overview, Master Thoroughfare Plan, and Impact Fee Study 2/17/2015 Advisory Committee Meeting 1, Capital Impact Advisory Commission (CIAC) Meeting 1: Project Introduction, Needs Assessment 5/13/2015 Presentation to regional city staff: Project Introduction, Needs Assessment 5/13/2015 Advisory Committee Meeting 2 and CIAC Meeting 2: Goals and Objectives, Existing Conditions and Needs Assessment, Growth Rate 10/14/2015 Advisory Committee Meeting 3 and CIAC Meeting 3: Land Use Analysis, Preliminary Recommendations, Capital Improvements Program Options 11/18/2015 Public Open House: Goals and Objectives, Existing Conditions and Needs, Plan Options 4/18/2016 Advisory Committee Meeting 4: Draft Master Thoroughfare Plan, Policies and Programs, Capital Improvement Plan 4/12/2017 Planning and Zoning Public Hearing #1: Master Thoroughfare Plan, Policies, and Programs Plan 5/24/2017 City Council First Reading: Master Thoroughfare Plan, Policies, and Programs Plan 612712017 City Council Final Reading: Master Thoroughfare Plan, Policies, and Programs Plan 7111117 Public Open House An open house was held on April 18, 2016, to brief the public on progress material that had been developed and gain feedback. Topics included existing conditions and needs summary, draft goals and objectives, the active recreation and bike network, recommended modifications to functional classifications and road cross sections, and working ideas to adjust the alignments of the adopted 2011 MTP. Notices of the open house were mailed to every address within the Schertz city limits and extraterritorial jurisdiction. Chapter 1. Basis for the Plan r !: The meeting had nearly 150 participants, 3 presentation sessions by Freese and Nichols, Inc., and numerous information stations manned by staff for individual questions and answers. Comments and questions were noted, an exit survey was handed out, and contact information on how to include comments on the material was made available. Comments taken at the session and written comments submitted were incorporated into the plan recommendations and alignments adjusted further based on specific input details. Open House – Credit: City of Schertz Input from the open house was generally positive toward the information provided and supportive of the recommendations, including wanting to see more east -west connections, better roads for currently undeveloped areas in the south to support development, and for grade separation over the railroad and Farm -to- Market Road (FM) 78. Some road classifications were changed to reflect the input, such as Old Wiederstein Road, and other suggested connections were noted. Comments on the revised alignment and lowered roadway classification for a new link between Trainer Hale Road and FM 78 to align with FM 3009 — to pull it away from an existing neighborhood north of Schaefer Road and avoid the Crescent Bend Nature Park and CCMA facility — were also generally positive. Some concerns were voiced with impacts to the existing homes along Trainer Hale Road further to the south. Comments were both supportive of additional connections to San Antonio at State Highway (SH) Loop 1604, and Cibolo south of FM 78, but also concerned with the ability to make the connection due to large property ownership. Chapter 1: Basis for the Plan This page intentionally left blank. Chapter 1. Basis for the Plan Chapter 2. Transportation System Needs Regional Mobility and Connections This assessment of needs draws upon the information gathered during the documentation and insight offered by the MTP combined advisory committees — comprised of the Planning and Zoning Commission, the Transportation Safety Advisory Commission, members of the Economic Development Corporation, and members of the CIAC. The needs identified herein form the framework for development of the MTP, potential project identification and prioritization, and needed policies and programs. Highways Three major highways serve to connect Schertz to other cities within the region: 1 -35, 1 -10, and SH Loop 1604 (Figure 1). While each of the three facilities experience congestion during peak periods, many recent or upcoming projects will provide substantial improvements to each facility, reducing congestion on the highways for the immediate future and accommodating future growth. ll mberwe Park r ^- � m °r \ Garde! p Ev kl dge a ah�7i- �1 4 Hall park HI II COUrstly Village � r HIIR— le i Alamo • OIIriO; Height Park Terreli °- Htlls p z i Selma. -Y'� New �raunte{� _OP; r Ikw 1 lib g s Salle Clara +aarlarl U�nlversal Stherrz City C,IbdeF LI ve 0a k rr but s VMAnS. t o Cprwer! @'Mkrnlo P Kitlall a � z 4nan Sr �+ Sa>n .. a �! •lt• 91 Antonio ra China � Grove n � Figure 1. Regional Highway Network Y r�r N m' &erl In St Hedw j t cfllarener a' '' Seguin t, d Chapter 2. Transportation System Needs Interstate Highway 35 1 -35 is a critical international trade corridor freeway facility carrying the highest traffic volumes through Schertz, and though primarily serving trips that begin and end outside of Schertz, the 1 -35 corridor also serves as a critical linkage between Schertz and San Antonio. Within Schertz, the current average annual daily traffic volume on 1 -35 (total of both directions) range from 108,000 east of FM 1103, to 152,000 at FM 3009, where volumes increase at each interchange to the west of Schertz. Current Texas Department of Transportation (TxDOT) plans, called 135Nex," call for the addition to 1 -35 of two managed lanes that will end at FM 1103, a significant project that will add a considerable amount of capacity to the corridor. In 2015, TxDOT received a Finding of No Significant Impact (FONSI), which allows the project to continue with design for construction. CONAL 6Yb pnl Yp! v 'Pr $an Ariinrrdo Continued growth in the region is represented in planning documents for the 135Nex by growth in traffic volumes of 20 to 25 percent. The continued growth of the city's north sector plan area, as well as the northern portion of Schertz in general, in turn, lead to the evaluation of roadway segments directly connected to 1 -35, particularly the interchanges at FM 3009 and FM 1103. The proposed addition of managed lanes to 1 -35 also represents an opportunity for extended express peak - period transit service from Schertz to serve central San Antonio, and raises the opportunity for express reverse - commute service to Schertz from the southwest and potential for a tie -in or advance services for regional rail operations. Analyses of traffic operations under full build -out of the city points to a need for additional capacity from existing access points to /from 1 -35 in order to relieve projected demands on FM 3009 and FM 1103. Capacity can be expanded along parallel routes, such extension of north -south connector and expansion of Old Wiederstein road, which provide additional routes to 1 -35, as well as the planned expansion of FM 1103, which will simultaneously serve the community of Cibolo as well as Schertz. Improvements to the access road, such as ramp reversals near overpasses, to improve flow and consistency are currently in planning stage from approximately FM 1103 to the Guadalupe River. Access from a park- and -ride to and from the 1 -35 managed lanes at Wiederstein Road, or a park- and -ride situated near the general lane access to the managed lanes currently planned for east of FM 1103, would also provide direct benefit to projected area traffic operations. This plan recommends an area for a potential site generally between FM 1103 and FM 3009 that would provide a synergy for transit partnership with VIA (p264, FONSI). As Schertz continues to grow to the north (coupled with southward growth towards 1 -10), reconfiguration of the FM 2252 interchange should be considered as it relates to design of the 135Nex lanes, as well as the connection of Dean Road to FM 2252 as a north -south connector. I -10 South of 1 -35, 1 -10 is another nationally important freeway route that serves east -west traffic to the south of Schertz. Current volumes on the main lanes of 1 -10 are approximately 40,000 average annual daily trips east of Loop 1604. Like 1 -35, a project is in the study phase to add lanes from San Antonio to Seguin to accommodate future growth. As southern Schertz grows, operations will change the two -way frontage road to one way, similar to 1 -35, to accommodate higher volumes and reduce higher speed traffic conflicts Chapter 2. Transportation System Needs from turning vehicles, as well as reduce head -on conflicts from vehicles exiting the main lanes. Providing a backage road on either side of the freeway is one method to ensure long -term quality operations for mobility while retaining more efficient access for the traffic demands on this corridor. Though not entirely within the City of Schertz, the critical regional mobility provided by the freeway network is important for the city. As such the city recommends for provisions of Texas U- turns, or an alternate scheme for traffic efficiency, should also be made as bridges are configured at Loop 1604, FM 1518, and Trainer -Hale Road. SH -Loop 1604 West of Schertz, SH Loop 1604 is a major regional circulator for the San Antonio region and highest capacity north -south connector in the Schertz plan area. The northern portion of the 95- mile -long facility is a divided highway, but the section south of 1 -10 is currently more rural in character, and still maintains a two -lane, undivided section. The section immediately west of Schertz is currently under construction to create a divided section. This corridor facilitates major movements in the area, including the commuting patterns for access to Randolph Air Force Base (AFB). The base is in the planning process of relocating their southern gate to the west of the facility, which would alleviate some delay on Lower Seguin Road and remove the gate from the runway clear zone. Arterial Roadways The grid of arterial roadways, spaced between approximately 1 -mile intervals for north -south corridors and larger spacing for east to west, is disrupted by natural and man -made features, including the Union Pacific Railroad and the downtown grid that is aligned with the railroad, the Cibolo Creek, and Randolph AFB. These features constrain and channelize area traffic connectivity to the dominant arterial corridors. North -South Connectivity From a regional mobility and connectivity perspective, the significant north -south arterial routes in Schertz are: • Schertz Parkway • FM 3009 • FM 1518 • FM 1103 These arterial roadways provide the backbone of automobile volume service. Future traffic growth should be planned for on these vital routes and improvements should be implemented to maintain acceptable level of service (LOS) for vehicle users travelling across the city. 41" - .. } Figure 2. Schertz Area Arterial Roadway Network Chapter 2. Transportation System Needs r M M M Roy Richard Drive, with recent sidewalk improvements While trips along the outside edges of the city are currently being served through planned expansions to serve more regional and long- distance trips, there are a number of facilities that have current needs for capacity improvements to better serve local trips. Near the downtown area, the collective arterial capacity of FM 3009 and Schertz Parkway do not provide enough north -south capacity for origins- destinations planned for south of FM 78, and any north -south connectivity is interdependent on the east -west capacity of FM 78, since the north -south movement must currently also spend a portion of the trip moving east - west on FM 78. This is a significant cause of delay in this portion of the network. With limited ROW on each of these corridors, widening for capacity would have significant effect on the community character of many of the corridors. Also, Schertz Parkway is limited from extension south by dedicated parkland, existing residential neighborhood, and complicated by proximity to landfill. Schertz Parkway is a four -lane, divided principal arterial roadway _ connecting the center of Schertz from FM 78 to the 1 -35 corridor. It provides north -south mobility for the city, but also access to many neighborhoods and commercials Y areas. With lower speeds and greater capacity than other -- aL parallel routes, it provides significant capacity for the community, but at a reduced average speed. A popular shared -use path adjacent to the northbound travel lanes provides space for pedestrians and people on bikes. The parkway features a planted median, and a matured landscape buffer outside of the roadway ROW that adds significantly to the character of the corridor. Roy Richard Drive (FM 3009) is a four -lane, divided principal arterial connecting central Schertz from FM 78 to the City of Garden Ridge, with the I -35 corridor in the center. It provides the key north -south mobility for the city as well as connection to the regional network. With higher speeds and greater capacity than other parallel routes it provides major mobility for Schertz, as well as regional connectivity for Garden Ridge and a significant portion of Cibolo. FM 3009 also provides a key corridor for adjacent commercial land uses, with neighborhood oriented uses further south in the corridor, and larger uses near 1 -35. Recent improvements have been made to add sidewalks to the roadway by TxDOT, providing safe pedestrian passage and recognizing the changing nature of the needs and use of corridor. Chapter 2. Transportation System Needs FM 1518 north of FM 78 has a constrained existing ROW, but may offer more opportunity for expansion as it has fewer land uses on the west side; however, full section expansion may be limited due to the geography of Cibolo Creek, floodplain and floodway, and dedicated parkland. FM 1518 should be considered for adding the overall system capacity needed, and in the near term, adding dedicated turn lanes at major intersections over the long term, adding a median, and reducing curve radii would improve safety and provide a buffer. FM 1518 south of FM 78 is nearing capacity as a two -lane roadway. South of FM 78, FM 1518 provides the core mobility corridor for developing southern Schertz similar to how FM 3009 serves central and northern Schertz. FM 1518 is projected to exceed acceptable levels of service within 5 -8 years and is the priority project from the City of Schertz for consideration for regional partnership for capacity expansion. Efforts to expand the roadway, and secure funding to do so, are currently underway, led by TxDOT and the city. Funding for the initial phase of improvements includes input from the city ($5 million voter - approved bond measure), TxDOT ($5 million contribution), and federal funds allocated by the Alamo Area Metropolitan Planning Organization (AAMPO) ($9 million). As part of the expansion, consideration for the opportunity to make a direct connection to the section of FM 1518 north of Cibolo Creek and FM 78 is also being explored. A direct connection of the two segments of FM 1518 may be difficult due to environmental and man -made constraints. But such a connection would be useful, and could provide partial relief for FM 3009 as well as relieve travel time between northern and southern Schertz. The connection may be possible, but further detailed analysis is required with additional public outreach needed to determine if it is feasible and wanted. This plan leaves open the possibility for such a connection and recognizes an ongoing feasibility engineering study by FM 1518 intersection with FM 78 TxDOT for determination. FM 1103 is a principal arterial roadway connecting the City of Cibolo to 1 -35. The roadway is currently built to rural FM standards and heavily used for commuting. The City of Schertz and the City of Cibolo have partnered with TxDOT to make capacity improvements to the roadway. These are being coordinated with improvements to the junction with 1 -35 to modify the bridge in advance of the expansion projects. Plans are currently in the schematic phase but anticipated to move forward prior to 2020. Separately from TxDOT efforts, the City of Cibolo is also considering an extension of the FM 1103 corridor south to 1 -10 as a public - private partnership with a company to deliver a major roadway. Chapter 2. Transportation System Needs m Morning Commute, FM 1103 south of 1 -35 East -West Connectivity At a regional mobility and connection level, the major east -west highways noted above provide for higher volume automobile service, especially at the edges and the narrow geographic center of the city. More local east -west arterial routes are limited due to geographic features — Cibolo Creek, Randolph AFB, and existing neighborhoods. The clear zones extending from the Randolph AFB are also limiting to the types of uses that are encouraged there, and activities should remain limited due to the proximity. Apart from several residential and mixed developments (in various stages of planning to completion), which are close to the FM 1518 corridor, much of the anticipated growth in the area south of Randolph AFB is expected to be low density. Future traffic growth and demand should be planned for on the remaining viable routes and improvements should be implemented to maintain acceptable conditions for vehicle users travelling across the city. Significant east -west major arterial routes within Schertz are: • FM 78 • Old Wiederstein Road and Lower Seguin Road • Binz- Engleman Road to Trainer -Hale Road FM 78 is a vital route providing a mixture of mobility and access through central Schertz. The offset intersection of FM 78 with FM 1518 currently serves as the only connection within the city between northern Schertz and southern Schertz. FM 78 is a key access point for the Schertz community, as well as serving regional, east -west mobility. Maintaining FM 78 as a viable regional transportation alternative for trips travelling to, from, and through the geographic center of Schertz should remain a priority. However, the city should partner with regional agencies to provide north -south connections that do not also require a segment of east -west movement in a limited corridor. Old Wiederstein Road and Lower Seguin Road were both determined to have segments operating at a current LOS D or worse based on daily traffic volumes during PM peak traffic conditions. Given their critical positions in the network and growing importance in accommodating longer- distance east -west trips Chapter 2. Transportation System Needs r' within the city, additional capacity may need to be accommodated for these facilities so that they will meet future user demand. The growth in both northern and southern Schertz, coupled with the growth of the Cibolo community to the east, and the lack of east -west connections across the Cibolo Creek and Randolph AFB in the plan area, indicate the need for consideration to upgrade east -west corridors, particularly in southern Schertz. However, the significant floodplain along the Cibolo Creek complicates a connection and may eventually require reconfigurations of bridge crossings at Schaefer Road /RAF - Burnette, Lower Seguin Road, and a new structure for the Trainer -Hale Road extension. The Binz - Engleman Road and Trainer -Hale Road corridor will be increasingly important to the growth of Schertz, as the only new east -west corridor connection to neighboring communities to the east and west when these areas develop. Despite the area in the Randolph APZ zones remaining relatively low density, over time this connection will be needed to form a functional grid in southern Schertz, provide access and mobility primarily for Schertz residents and economic activity just north of the 1 -10 corridor. Preservation of the corridor connectivity will enable the communities to make a connection across southern Schertz in a way that is not possible in the area of Schertz between 1 -3S and FM 78, which presently makes for longer and more circuitous trips on the remaining east -west corridors. Chapter 2. Transportation System Needs M M Local Mobility and Safety Traffic Volumes and Congestion The performance of the local roadways and resulting congestion can be linked to a host of contributing elements, including the number of vehicles using them and at what times, number of lanes, speed limit, daily traffic volumes, adjacent land uses, traffic signal parameters, driver types, signage, pavement conditions, road design elements, access controls, and more. In this section, a few elements — demographics, mode splits, and average traffic volumes are reported to track average conditions at the time of the plan. According to U.S. Census data, approximately 94 percent of all work trips in the City of Schertz are automobile based, with an average commute time of 27 minutes; 13 percent of trips are carpool based, with 6 percent of respondents walking, biking, or working from home. The percentage of people driving to work alone has been increasing slightly, from 80 percent in 2000 to 82 percent for most of central and northern Schertz in 2013. For those not working at home, the commute time varies based on the length of trip, destination, and chosen route. Figure 3. Daily Level of Service, 2015. Source - GRAM traffic counts The roadway network should provide for safe mobility and access to properties in and around Schertz, just as it does for the longer- distance trips discussed under the Regional Mobility and Connection section earlier in this chapter. This section focuses on the qualitative analysis that can include arterials, collectors, and local connections. At lower levels of the functional classification system, providing access becomes prioritized over higher travel speeds and the service of larger traffic volumes. Typically, fewer lanes are Chapter 2. Transportation System Needs required, lower speeds are expected, and on- street parking is allowable on local and some collector streets. Safety As a part of the MTP update process, crash data on Schertz streets were analyzed to gauge roadway safety throughout the city. According to analysis of Texas Motor Vehicle Crash Data, between 2012 and 2015, approximately 1,950 crashes occurred on city streets, 210 of which resulted in injury. An analysis was performed to determine the most common crash locations as well as the corridors with the highest crash rates. Comparisons were also made to other comminutes of similar size in Texas. Detailed information regarding the collision data is also provided in Appendix D. Vehicle crashes are a source of considerable personal anguish, disruption, and loss of personal property and time and can result in personal injury and in the worse cases, death. Analysis of crashes recorded over the prior 3- year period of available data was conducted to determine if patterns were prominent (Figure 4). Rates of crashes on roadways were also compared to cities of similar size. Analysis showed that, generally, arterials in Schertz have a similar number of crashes per year compared to communities of similar size in Central Texas, such as Seguin, Leander, and Kyle. For the 3 -year period, an average of 650 crashes per year were reported, with 3 crashes resulting in fatalities in 2014. Despite increases in vehicle safety technology such as airbags and crumple zones, generally higher speeds and speed differential between vehicles involved leads to increasing severity of crash outcomes. For the period analyzed, 55 out of Figure 4. Crash Rates, 2012 -2014. Source TxDOT CRIS 1,950 total crashes reported resulted in incapacitating injury. Of the crashes resulting in incapacitating Chapter 2. Transportation System Needs - .may+`' fi Crash Data } f o No Injury's 0 1 Injury q � 0 2 Injury's % 49p k' 5� S m 3 Injury's • 5injury's a 0 Fatality k Number of Crashes "..,... ,� °ame ti .. a •. - ?S4 -"`� CD 823 d. 329 534 s 226 a4 I 70 219 ' r w � - crash outcomes. For the period analyzed, 55 out of Figure 4. Crash Rates, 2012 -2014. Source TxDOT CRIS 1,950 total crashes reported resulted in incapacitating injury. Of the crashes resulting in incapacitating Chapter 2. Transportation System Needs injury, 80 percent occurred on roads with a posted speed limit of 45 miles per hour or higher: 35 percent of the crashes resulting in significant injury and six of the eight fatalities occurred on 1 -35 or its frontage road. Three of the eight fatal crashes occurred at or near 1 -35 and FM 1103. Weight differential can often also be a significant contributing factor. However, in Schertz, commercial vehicles as a subset of vehicle types were involved with a limited number of crashes overall in the period analyzed. Only 8 percent of crashes resulting in injuries involved commercial vehicles, and of those, all but four were located on 1 -35 or its frontage roads. Still, commercial vehicles were a factor in half of the crashes resulting in fatalities. All but one of the fatal crashes involving commercial vehicles were located on 1 -35 or frontage road. Table 1. Crashes, Key Corridors, 2012 -2014 Key Arterial and Principal Arterial Roadways Average Crashes /Year Rate /Mi Rate /Vol FM 1518 (South of Lower Seguin Road) 9 1.8 0.002 FM 1518 (North of FM 78) 23 13.7 0.009 FM 78 73 42.9 0.007 Schertz Parkway 75 24.3 0.016 FM 3009 (South of 1 -35) 178 55.6 0.023 FM 3009 (North of 1 -35) 110 68.5 0.014 FM 2252 12 10.3 0.008 I -35 (for comparison only) 274 40.3 0.007 Source: TxDOT CRIS 2015 Neither time of day nor weather conditions appeared to be disproportionately contributing factors for fatal crashes for the period of time studied. Overall, 24 percent of crashes occurred at night, which is lower than other similarly situated communities studied. Mitigation Measures Measures that could be implemented in an attempt to reduce crash rates on FM 3009 and others include more active access management techniques, which could include the construction of a raised median along portions of the corridor, right -in /right -out commercial driveways, closure of driveways /streets on high -crash segments, consolidation of driveways, incentives supplied for cross -lot access additions, and other treatments. The continued control and limitation of future access points near busy intersections and along high -crash corridors should also be given consideration. The periodic retiming of signal corridors to increase vehicle platooning may help traffic entering the roadway from a driveway or cross street successfully identify an appropriate gap in traffic. Deeper analysis of FM 3009 may also be warranted to determine specific measures to bring crash rates to within the city average. Lowering posted speeds on roadway segments can also help with severity and frequency of crashes, but typically is more effective when accompanied by striping or physical changes to the roadway that reduce the perception that a driver has room to speed, otherwise mismatches in vehicle speed can persist, where some drivers exhibit disregard for posted speed limits, given the wider lanes. Chapter 2. Transportation System Needs Y? FM 78 has a combination of high volume use and poorly defined access to adjacent businesses, with growing through - volumes. It could be a good candidate for an access management study by TOOT to determine the appropriate detailed improvements to make, with additional opportunity for community involvement in development of any corridor scaled improvements. The policy implications for the City of Schertz are that speed differentials between crash vehicles increase crash severity, and lower speeds are more appropriate for residential areas, with enforcement and education of speed risks an ongoing concern. Additionally, road design features such as narrower lanes and reduced turn radii at intersections can be visual clues to slow traffic on arterial roadways. The results illustrate that the city's practices regarding access management and commercial vehicles generally appear to be positive and are to be commended and continued. Chapter 2. Transportation System Needs �' Non -Auto Considerations Bicycling and Walking The bicycle and pedestrian system for Schertz includes the pedestrian access routes along roadways and shared -use paths, dedicated bike lanes, shared -use paths (also known as multi -use or hike - and -bike paths), and travel lanes shared with bikes on roadways. The paths for these non -auto modes are not only amenities for recreation, they are functional transportation routes that intentionally offer healthy transportation alternatives. For example, those could include the students at Samuel Clemens High School and local residents of Schertz that make use of bicycling and — _ -_- walking as modes of transportation and recreation. They would be increasingly served by a more extensive pedestrian and bicycle facilities network that provides access to desired destinations. Walking should be further encouraged by landscaping and other enhancements to the travel way and at least 3 feet of separation from moving traffic. Bicycling should be further encouraged by the provisions of bicycle parking accommodations at popular destinations. The Thoroughfare Trails, Bicycle and Recreation map is shown on Figure 5. On- Street Bicycling Local bicycling for utilitarian purposes should target the accommodation of bicyclists on routes that make as direct as possible connections between origin and designation. An example of such facilities would be the planned east -west connector parallel to 1 -35, which would provide a direct connection from the retail node at FM 3009 to residential developments 1 and 2 miles to the east, an easy biking distance. In many cases, the suitability of the route for bicycling can be improved by the provision of striped bicycle lanes through narrowing lane widths to 11 or even 10 feet in width, within the guidelines set by the Institute of Transportation Engineers, or in select cases, eliminating one or more travel lanes (sometimes referred to as right- sizing a road), or other treatments. Several of the existing Schertz bike lanes on collector roadways are in place from striping existing roadways, such as Woodland Oaks Drive and Savannah Drive, both of which serve as residential collector streets. Chapter 2. Transportation System Needs �1 W k \� _ o w ■ _� (D § Ear i f ) ■ §� � F-6fl Figure 5. Bikes, Trails and Recreation Network . o @ R | $ � ƒ \ z i CD CL C E m a a E @ [ 2 \ } 0 _ \ § * e } } \ \ 1 } I \ \{ ±; I F-6fl Figure 5. Bikes, Trails and Recreation Network A "bicycle boulevard" can be created by the connection of local streets with a shared -use path, trail segment or other treatment, creating a through passage for bicyclists and pedestrians but not for motor vehicles, for example, by combining a shared use path on Old Wiederstein Road with the planned trail connection in a utility corridor east of FM 1103 and making a connection across all of northern Schertz but also separated from 1 -35 by 3,000 feet. The Schertz Master Plan Bicycle & Pedestrian Walkway map, created in 2003, forms the core of the planned network for the city, and has since been expanded to include existing and proposed bike routes, bike lanes and shared -use paths. Off road trails, some of which may be natural surface, are also included for illustration, though those trails are not directed by the MTP. Higher -speed facilities are better served through separated bicycle accommodations, such as a shared - use paths, which separate bicycles from the higher speed traffic. The advisory group agreed and recommended to use these to form the backbone of the bike network for the plan. Shared -use path Shared -use paths, sometimes referred to as multi -use or hike - and -bike trails, encourage healthy and active lifestyle options for Schertz residents as well as serve bicycles not only as recreation, but as transportation facilities. Trails located near residential areas and local parks can see very high levels of usage, especially if designed with good sightlines to points of interest and with routing and amenities placed with a variety of user groups in mind. Local examples include the very popular Schertz Parkway shared -use path and the gravel trail along Forest Ridge Park. Paths along utility easements can also provide linkages in linear ROW that already exist, and in many cases provide a car -free semi - natural green context to travel in. A long -range plan for trails in Schertz is also included in the 2014 Schertz Parks Master Plan. Paths adjacent to roadways but within the ROW can be more cost effective to provide or construct, though as with the example of Schertz parkway, can benefit one side of the roadway over the other. It will be important to develop a prioritized and coordinated implementation plan for a network of trails and on- street bicycling facilities so that the community can get the optimal return on its investment. tiVArU W M # 4141 NIXON '- q" - -- om ' W4 . L Cyclist using sidewalk similar to a shared -use path along Old Wiederstein Road Chapter 2. Transportation System Needs Sidewalks The city generally offers excellent sidewalk coverage for city - maintained roadways and newer developed neighborhoods, though there are some gaps in the existing sidewalk system, particularly along undeveloped parcels along major arterials. Some of the gaps are more critical than others. The city recently benefitted from TxDOT's construction of sidewalks along both sides of FM 3009, providing a significant safety improvement over pedestrians walking along the road's shoulders. A city's walkability is determined by the availability of pedestrian connections and proximity of residential and retail land uses. For example, the traditional center of Schertz has an exceptionally high level of walkability due to its short blocks and grid pattern of local streets. More recently constructed neighborhoods are well served by sidewalks internally, but they are typically separated from other uses, which promote vehicular use. By creating better connectivity between neighborhoods and other uses with both vehicular and pedestrian facilities, residents have healthier options for completing daily tasks. With neighborhood support services incorporated within neighborhoods, citizens can walk or bike to a grocery store, restaurant, or convenience store. Alternative options to vehicular use allows for cost savings on gas and improved air quality. Sidewalks should continue to be included throughout neighborhoods and provide connections to parks, schools, amenities and other neighborhoods. Design and future construction of significant arterials should, unless they are serving an area intended to remain rural, include pedestrian accommodation along the corridor. F"-i Chapter 2. Transportation System Needs [27] Regional Transit The following regional transit assessment is based on an evaluation of concurrent plan processes. Rail Regional partners are studying a regional rail alternative that would connect the San Antonio metropolitan area to Georgetown, north of Austin. Development of this regional connection concept would provide an additional, reliable alternative to travel on 1 -35, and provide direct, quick connection to other development nodes along the corridor. Alamo Regional Transit The Alamo Area Council of Governments provides a demand - responsive transit service of the Alamo Regional Transit (ART). ART provides demand responsive public transit service, curb -to -curb services in the Schertz area and counties surrounding San Antonio. These services are typically used for adult day care, medical appointments, seniors, shopping, and the general public. One -way fares range from $2 to $12, depending on destination, and rides require scheduling a day in advance. Express Bus and Vanpool VIA Metropolitan Transit, or VIA, offers non -stop service to major employment centers such as downtown, and vanpool services to serve lower density areas at the periphery of its service area. Through VIA, people can also share rides to work while splitting monthly cost of van rental and fuel in a vanpool. The express bus service provides an alternative to private - t automobile travel to downtown San Antonio. However, since the bus currently operates in mixed traffic, and for a large portion of its route travels on 1 -35, it is subject to the same congestion delays _ experienced by commuters traveling by car. A park and ride is a location that people drive to for the first portion of their trip, park their car, then carpool, vanpool, or bus for the remainder of the STOP trip. Park - and -ride facilities provide opportunity for commuters FOR living in low- density areas to gather at points to access express and SCHOOL BUS vanpool services, and to utilize high- occupancy vehicle and LOADING OR managed lanes in emerging corridors — lanes that are intended to ul�o RiG avoid the congestion experienced during peak travel periods. Park and rides can also serve as feeder locations for future rail service, as conceived for the potential future Lone Star Rail, and the _ managed lanes along 1 -35 South. VIA develops new transit facilities` f-' as part of its 5 -year capital program and is currently planning a northeast park and ride in the 1 -35 South corridor. Partnership with Schertz would allow for a more Chapter 2. Transportation System Needs GEORGETOWN - ROL CONCEPT STUDY Nib LPA Cos &HAWNf -E LS .._ SAN ANTONH) -' SLHERR The express bus service provides an alternative to private - t automobile travel to downtown San Antonio. However, since the bus currently operates in mixed traffic, and for a large portion of its route travels on 1 -35, it is subject to the same congestion delays _ experienced by commuters traveling by car. A park and ride is a location that people drive to for the first portion of their trip, park their car, then carpool, vanpool, or bus for the remainder of the STOP trip. Park - and -ride facilities provide opportunity for commuters FOR living in low- density areas to gather at points to access express and SCHOOL BUS vanpool services, and to utilize high- occupancy vehicle and LOADING OR managed lanes in emerging corridors — lanes that are intended to ul�o RiG avoid the congestion experienced during peak travel periods. Park and rides can also serve as feeder locations for future rail service, as conceived for the potential future Lone Star Rail, and the _ managed lanes along 1 -35 South. VIA develops new transit facilities` f-' as part of its 5 -year capital program and is currently planning a northeast park and ride in the 1 -35 South corridor. Partnership with Schertz would allow for a more Chapter 2. Transportation System Needs accelerated implementation of transit alternatives in Schertz, and shorter trips for residents. This plan recommends an area that would be useful as park- and -ride location in partnership with VIA. The site location would be generally centered around the intersection of 1 -35 and FM 1103, with access to the planned express lanes on 1 -35. Forecast Transportation Conditions Future Land Use Conditions Development of the Schertz MTP utilized the future land use plan from the 2001 Schertz Comprehensive Land Plan and the subsequent 2013 Sector Plan, and 2015 Joint Land Use Study (JLUS) for Randolph AFB. Conditions beyond the city were represented by the regional transportation model and land use projections maintained by the AAMPO. The future land use map of the adopted Schertz Comprehensive Plan, the 2013 Sector Plan update, and the compatibility considerations of the 2015 Randolph AFB JLUS Study were used to form the land use basis of the transportation analysis and near -term needs. These adopted and recognized plans were used for locations of prevailing and planned land uses, residential, commercial, and institutional locations and densities. The prevailing land uses were overlaid with the existing and previously planned thoroughfare network to form an initial basis for transportation network capacity evaluation through a transportation model. The information gathered results in a growth projection generally described as follows: • Residential growth anticipated in southern Schertz to the west of FM 1518 and within a half mile east of FM 1518 at traditional subdivision densities, (assumed to range from three to five homes /acre), with the APZ zones south of Randolph AFB remaining with very low development densities compatible with flight operations. • Multifamily development focused more in the northern sector plan area located north of 1 -35, and an overall residential growth rate of approximately 3.5 percent per year for the near term. • Expansion of retail /commercial development focused along 1 -10 and 1 -35, generally. • Development of a rail- transit corridor station area in north - central Schertz, with associated transit oriented development. • Continued expansion of light industrial and warehousing industries north of 1 -35. Chapter 2. Transportation System Needs i I C:1_ Figure 6. Representative Land Use related plans incorporated, including clockwise from left: Randolph AFB JLUS Study and APZ zones, Schertz Sector Plan, Near -term Land Use changes study. Projected Growth and Travel Need The population of Schertz grew at a quick rate of 4.2 percent, annually, between 2000 and 2010, but in more recent years has slowed to a rate closer to 1.7 percent per year since 2010, with an estimated 2016 population of close to 36,000 (U.S. Census). Periods of growth offer the opportunity to consider what is needed to support that growth, and the conversation on how the community wants to grow. The growth projections and results of the conversation form the core of the plan recommendation, and are supported by analysis of the network to support the plan recommendations. In order to assess the capacity of the transportation network and evaluate the potential to accommodate growth, the existing network was analyzed with a transportation model. For the analysis, existing and future land use plans were combined and a travel demand model was developed based on them, with different transportation scenarios tested. The results inform the recommendations on road classifications, number of lanes in a corridor, and needs for additional network connections. AAMPO 2040 Model with Schertz Land Uses During the development of the region's long -range transportation planning efforts led by the AAMPO, City of Schertz staff worked with AAMPO modeling staff to help incorporate Schertz land use plans, and approximate growth rates and patterns and refinements, into the regional travel demand model for development of regional plan consideration. AAMPO works with other regional partners to develop and Chapter 2. Transportation System Needs update its regional transportation model, which is used to compare regional policy alternatives. Use of the regional model by the MTP update allows for the team to "grow' the network and development outside of Schertz in order to consider the effects on the network within Schertz, while also considering how the city's growth will impact the network. Anticipated growth outside of the city area was also used as an input for the transportation model. For areas outside of the city, the team relied on approved projections from AAMPO. A collaborative meeting was held with senior staff from the Schertz Engineering, Public Works, and Planning Departments at the onset of the MTP development effort. This meeting was held to review whether the land uses incorporated into AAMPO's travel demand model for the Schertz area continued to be valid. Maps of residential and non - residential land uses and densities were produced from the provided AAMPO model and reviewed at this collaborative meeting. The participants at the meeting generally concurred that the land uses represented in the AAMPO 2035 travel demand model were a good representation of the current status of future land use planning within the City of Schertz, and modified them where they were considered significantly different. The AAMPO model was adapted for use in the examination of the transportation needs and the testing of the implications of potential transportation improvements in the Schertz area. Some adaptations were made to reflect recently adopted Sector Plans, outcome of the JLUS with Randolph AFB, and recently approved major developments, including: • The regional rail district, located in northern Schertz between FM 3009 and FM 2252 was considered to be mostly lower density in the AAMPO model. More recent plans codified in the 2013 Schertz Sector Plan indicate that the area will include Transit Oriented Development, with mixed land use realized by the 2040 forecast year. • Southern Schertz, the area south of Lower Seguin Road, was mostly undeveloped in the AAMPO model. The JLUS study recommends that densities west of FM 1518 should remain at lower densities compatible with the AFB operations. The model assumes retail commercial development along 1 -10 and subdivision development between that area and Lower Seguin Road by 2040. The currently approved development west of FM 1518 is assumed to be largely built out by 2025. • The AAMPO model assumes significant redevelopment of central Schertz by 2040. Upon discussion with city staff, and considering the limited ability for redevelopment under existing zoning, this was not assumed to be more limited in its extent for the 2040 model. f �h Figure 7. Model Traffic Area Zones (TAZs) Chapter 2. Transportation System Needs A The land use assumptions were subsequently presented and discussed with the CIAC as part of the land use assumptions. The CIAC then also agreed that the land uses and allocations of growth were approximately representative enough to use for modeling purposes. A map of land use intensity, representing approximate densities of population and employment, and how they are represented as growing between 2010 and 2040 is shown as Figures 8 and 9. 1857 1111 1pu 0 Ills 1112 ]7p 1111 1119 1113 110 7], 1122 1118 1114 11 p5 773 1123 III] 1187 II pO 1191 1182 75 774 1124 IIIB 9 77¢ 1115 `J 5]7 178 179 7588 579 919 8 780 $ 1 782 814 93 589 11 10]3 V 1897 121 1895 �w. 057 858 059 R* 1833 1862 1881 1058 ,065 � T 1111 np4 1119 1113 1122 11,5 1114 1105 7]8 1123 IM 1,7 1199 1192 1114 11tH 774 1126. 1115 7]9 581 1895 588 777 F 1994 592 778 91 782 788 11 I 12u: 1LEa4r4M 781 O 5uhu*iuI -Ught 4 s I, -m d- _ u,". 589 I)— Figure 8. Land Use Intensity, 2010 Figure 9. Land Use Intensity, 2040 Transportation Model and 2040 Network The travel demand forecasting process includes two levels of analysis. The regional demand forecast model is used to develop forecast travel demand results for weekday travel. This is a four -step model consisting of: • Trip generation: the number of person trips generated by given types and densities of land uses within each Traffic Area Zone (TAZ), • Trip distribution: how many of the person trips generated in each TAZ will travel to each of the other TAZs in the metropolitan area, • Mode Split: which mode of travel the person trips will use, including single occupant auto, transit where available, and in some cases non - motorized mode such as walking or bicycling, and • Trip assignment: determining the roadways that will be used for vehicular travel between TAZs. Chapter 2. Transportation System Needs This regional model incorporates land use and transportation assumptions for the Alamo Area region using algorithms for air quality conformity analysis. Figures 8 and 9 show the Schertz study area in the context of the traffic area zones of the larger regional travel demand network, featuring the coding of street network to reflect the general level of development density and network connectivity. Roadway improvements from the existing MTP and known projects or regional impact were modeled to reflect the corridors with congested conditions. The TAZs within the study area were taken from the regional model along with the land uses and amount of development assumed at the regional level for the future modeled year. The TAZs were then each analyzed in relation to the adopted comprehensive plan, sector plan, adjusted as noted above, and confirmed with the city and plan advisory group as approximately representative of future conditions for location of residential and commercial uses as well as approximate development intensity. The confirmed TAZs were then used to calculate vehicle trips which were then loaded on to the network of thoroughfares from the 2011 adopted MTP (Figure 10), as a basis of analysis. Figure 10. 2011 Comprehensive Plan based Transportation Network - AAMPO Chapter 2. Transportation System Needs 2040 Modeled Results To assist in the review of the 2040 Schertz travel demand forecast results, which showed number of total lanes, daily traffic volumes, as well as LOS information based on volume -to- capacity (V /C) ratios. Analyses results, as shown on Figure 11 is reflective of the areas anticipated to generally experience delay due to congestion, with subsequent recommendations to address the limitations. The 2040 Schertz results allowed for a look at the system deficiencies. They also allow an opportunity to assess alternative ways to address those deficiencies — informing recommendations on the network. The network showed significant congestion at the periphery of the city limits, at the edges of the local network, and where the network tied in to 1 -35 and FM 78. The areas internal to northern, central, and southern Schertz reflected lighter use, more local use, and less congestion. In general, areas with grid networks, or more connectivity options, are shown to function better. The results point to the importance of additional Figure 11. Schertz Network Modeled Result connections to the regional network, as well as additional capacity on select regional arterials, such as 1 -35, FM 78, and 1 -10. Also notable in the results is the adequacy of the transit - oriented - development area north of 1 -35, which was representing a much higher density of jobs and households than any other part of Schertz, but also a supporting, denser network of streets and a transit node. The results also point to the importance of the connections to and from the 1 -35 corridor as the area to the east of FM 3009 develops, and the general lack of east west connectivity alternatives to FM 78 — a condition impacted necessarily by the size and operation of the AFB, but also existing developments and Cibolo Creek to the west of Central Schertz. Lastly, the results point to the importance of a second connection to southern Schertz south of FM 78, so that local north -south trips are not required to also travel for a portion on east - west FM78, which eventually becomes very limiting. Chapter 2. Transportation System Needs Transportation Needs and Plan Recommendations The thoroughfare network is implemented in segments over time. It is envisioned that the majority of the network is provided through the development process, by developers at the time of subdivision using this document as a plan, dedicating ROW and using typical standards to construct roadways. Some roadways may be initially constructed with fewer lanes to meet near term needs, but the ultimate ROW is still preserved for the future need to expand the roadway for future growth. However, the plan effort is also an opportunity to examine near term needs that can be implemented to address current needs and needs anticipated in the near term. This section addresses priority projects that arose through the planning process or were already under way as the project began. As seen in the modeling analysis, while the currently committed projects listed above address some of the roadway needs, there are a number of current and short range needs for roadway, transit, bicycle and pedestrian modes of transportation that are yet unmet, as discussed earlier in this chapter. The following paragraphs discuss specific facility needs for each of the modes. Some of these improvement projects address the specific deficiencies noted in the modeling results described above. Identified Short Range Needs Short -range needs address currently identified capacity, safety and network gap issues and those anticipated to arise within the next 5 to 10 years. Many of these short -range needs were identified during meetings with the plan's advisory committees. The Advisory Committee identified the following current and pending needs: • Improve FM 1518 from FM 78 to 1 -10 from a two -lane undivided roadway to a four -lane divided roadway section, with landscaped median, a shared -use path on one or both sides, and sufficient turn bays at intersections with other arterials. • Improve access and mobility in central Schertz and FM 78 by proceeding with a Purpose and Need and preliminary design for a grade separated intersection of FM 78 and FM 3009, bridging the UP Railway corridor. • Partner with the City of Cibolo and TxDOT to support their efforts to improve and enhance FM 1103 as the arterial roadway of choice for traffic movements between 1 -35 and 1 -10. • Improve Elbel /Borgfeld Road, between Schertz Parkway and Gutierrez Park with a shared -use path to accommodate non -auto modes. Elbe] Road would be a good connection to make due to the large numbers of students accessing and egressing Samuel Clemens High School at once. • Expand the network of shared -use paths throughout Schertz to provide increased opportunities for utilitarian as well as recreational riding. • Create bike lanes and other designated facilities for the mobility of basic (average) bicyclists within the core of Schertz with low cost options like pavement striping and added bicycle signage, targeting specific road classifications like residential collector streets where there is surplus pavement, good connectivity to other off - street trails, and good connectivity to civic destinations such as schools and the Schertz library. • Roadway design standards call for minimum 5- foot -wide sidewalks on all roadways classified in the MTP, separated from travel lanes by three feet. A list of short -, medium -, and long -range needs and general timing of network implementation is included in Appendix B. Chapter 2. Transportation System Needs �' This page intentionally left blank. Chapter 2. Transportation System Needs Chapter 3. Thoroughfare System Plan b�a�tGn The Master Thoroughfare Plan dA The recommended plan builds on the transportation principles established in the city's Comprehensive Plan and the goals and objectives of the first chapter of this MTP, the coordination with neighboring cities, TxDOT, AAMPO, and input obtained throughout the planning process. Key features of this MTP update of the city's Comprehensive Plan include: • Building on the prior roadway functional classification system — addition of collector classification subtypes, and rural sections to provide context sensitive elements • Modifying the conceptual alignments for unbuilt roadways — to establish a functional basis for corridor preservation for needed links • Network connections and continuity additions • Expanding the shared -use path (AKA hike - and -bike trail) and active recreation system to connect between existing and planned community assets, and provide for transportation alternatives Thoroughfare Network The MTP provides for the long term increased mobility and connectivity needs, and a reduced dependency on the automobile. The MTP recommendations are part of a continuity of plan efforts, and as needs change, the plan should be amended to reflect updated information for the preservation of long -term community needs. Transportation planning initiatives should be coordinated with other infrastructure investments and priorities within the community and with other agencies to leverage the financial resources and implementation. Figure 12 illustrates the recommended MTP network. Chapter 3. Thoroughfare System Plan I R E �i oe r ! l 1 WWE Lq p W= Us CJNV a+ LL a (D r p cs3 Q7 �� C O t N o ° O N c-0 .4 O M 7 rri O7 C L M e AWN V U7 G ao .-- } Q d F c 0 o }? � Q 0 4 Q Q 41 ua C cll c1 m >1 E N O N .�' CD a7 V1 > .-0 C C C O O O �t 0 co 00 3" °A CL a) ♦ ��1 �. .000 . C US cU a> � �' g- o cV " to ui C \�00 w` //� m cn , 0 E o 40 p a pa ,tl r2H a"io e _0 a) oY / �♦ rr l CAy � loo tr r r % ti t Ida 1 �s 6 \♦ / r r t A, zz i� �d J a � p Qa � Af d t rt y el pry t t ♦ /�� ♦r /r ♦ / ♦1 r rf / .� 1 .�'`f 1 '1 i rOA ! ♦ Aow 1 rr t O \�\ � .�w�/ !rte a ��� t� ds r • 0hbi4 I A � d v I le 1 �r r � l t 1 1 �3 0 &e �1 1 1 Z LL a (D r ~� w C O t N o ° L M e AWN V U7 p F p NN N O N C C O O O CL a) o- W to U) m C itl CL LC _0 a F ® m o a o Q w E U w V Y' rn 'S 0 a: 0 a p o as C a C o o � a) O M c OU a) co p o U C C (d d r U -o ro a -o CD co 0- a Q m U a Q -Lo Q � 0 U ai 0 U CD 0 U �a Q -a -`a T C C o C o E E t U- d 0 iO fr �j �j O Z �0 a (D U' ~� w t N L M e AWN V U7 p F Street Functional Classifications and Design Functional street classifications are the hierarchy of streets organized in to a network. Functional classifications not only create a framework of mobility and connection for regions and cities, but also provide for minimum design standards according to their intended function. The combination of design elements of the roadway and associated spaces result in certain ROW widths needed to accommodate them adequately. These ROW widths are then targets for corridor preservation through county, city, and state actions to enable the planned infrastructure and respond to growth when it occurs. The following section outlines the targeted details and function of each of the classifications: Freeways — The freeway network includes the interstate, U.S. and state highway roadways controlled by TxDOT. Limited access roadways are those that control access to the facility at designated locations, typically at other freeways and arterial streets. Principal Arterials — Principal arterial roadways carry traffic across major segments of the city, with a primary function of throughput, rather than access. Driveway access onto principal arterials is often limited by spacing requirements, and parking is prohibited. Some principal arterials are on the TxDOT system of roadways (typically FM roadways). Secondary Arterials — Arterial roadways also carry traffic across major segments of the city, with a primary function of throughput, rather than access. Driveway access onto minor arterials is not as constrained as on principal arterials, and parking is prohibited. Occasionally a TxDOT system roadway may meet the secondary arterial classification (FM 1518 north of FM 78). Collectors — The function of collector roadways is to connect between local roadways and the network of arterial streets, providing access to neighborhoods and businesses. Collector streets are differentiated from arterial streets by their length and degree of access to adjacent development. Collector streets are typically contiguous across one or more arterial roadways, but seldom more than 1 or 2 miles in length. Driveway access onto collector roadways is seldom limited in commercial areas and on- street parking is sometimes allowed. Collector roadway cross sections can range from two -lane streets to three -lane sections for commercial areas. Collector roadways are often good candidate streets for accommodating bicycles, either in shared lanes or separate bike lanes. Many configurations of use and lanes are possible for context sensitive solutions to the needs of the adjacent development, including one -way streets, bike lanes, parallel parking, or no parking on one or both sides near key developments such as a regional rail station. Local Streets — Local roadways will typically be two -way streets, one lane in each direction, with curbside parallel parking typically on both sides except for adjacent to intersections. This typical classification provides for minimal traffic flow accommodations. Chapter 3. Thoroughfare System Plan M Freeways, Limited Access The freeway is typically uninterrupted with grade separations at intersections and ` "� * •^° ramped entries and exits to and from the ., crossroads as on 1 -35. However, limited access I t t t freeways may also be interrupted for ,� signalized arterial roadway crossings. L _� �L l -U 8+ - f t t; Y p � L - - Freeways typically operate at free flow speeds over 55 mph and have two or more lanes in STANDARD CONFIGURATION each travel direction. Freeways are typically „ILLCLUHiRV LH9AN M=5 7WW barrier or median separated, or in the example of the managed lanes under design for 1 -35, can be grade separated from the rest of the corridor where ROW is constrained. The managed lanes element is intended to help maintain a free -flow speed, even during times of peak congestion on adjacent facilities. Freeways, especially controlled access, are typically paralleled by service roads that serve as the interface between the freeway and the adjacent community's arterial and collector street network. Figure 13. 1 -35 Managed lanes illustrative — View from Schertz Parkway. Source: 1 -35 EIS Principal Arterials The recommended ROW for principal arterials ranges from 120 to 130 feet. The ROW is intended to accommodate higher volumes and levels of mobility, providing substantial regional access and statewide travel. A ROW of 120 feet allows for four travel lanes and associated spaces. Where six travel lanes are needed, a typical section of 130 feet can be used. Urban principal arterial roadways provide the predominant passageways through the urbanized portions of the community and connect to the regional freeway network, typically providing for curb and gutter drainage. Intersections are provided at all arterial, collector and local roadways and as needed allowing for local land access directly to the facility. Intersections with arterial roadways are typically signalized and provisions made for one or more left turn lanes and occasionally right -turn lanes to facilitate the through movements along the arterial. Principal urban arterial roadways provide at least two travel lanes in each direction plus a center median area for separations of traffic. The median area may be used to provide channelized left -turn lanes, continuous left -turn lanes, and /or streetscape. Where traffic operational Chapter 3. Thoroughfare System Plan analyses support the need for greater throughput capacity, a six -lane section may be considered — as is the case for the ultimate build out of FM 1518 south of FM 78. Access management practices should be employed to minimize the impacts of property access (i.e., driveways) on the principal arterial facility. Sidewalks, five to ten feet in width, should be provided along either sides of the roadway, buffered from travel lanes. A divided median is key for this classification of roadway, and a median width minimum of 16 feet is included. A divided median of sufficient width allows area for dedicated left turn lanes at intersections and provides access management for fewer turning conflicts, and preservation of traffic flow. The median may be raised, or surfaced depending on the adjacent land use. Driveway access onto principal arterials should be limited by access management and spacing requirements, and parking along arterial roadways is generally prohibited. The illustrations below show typical sections for four and six travel lanes with surfaced medians. • High degree of regional mobility, higher traffic volumes, and operational speeds • Access is carefully managed • Curb and gutter section with underground stormwater utilities and drainage Examples include Roy Richard Drive (FM 3009), FM 78, FM 1103, and FM 1518 south of FM 78. JAI ie % (S SIDEYYALK) f 2 LAN €Et 12'I LANE 16'.". J�J J2'LANEE� Jr4AAE � �?'. (to' SHARED USE PATH) Figure 14. Four -Lane Principal Arterial Section 19' PARKWAY Figure 15. Six -Lane Principal Arterial Section Chapter 3. Thoroughfare System Plan Secondary Arterial The ROW for a secondary arterial in Schertz is 90 feet wide. The arterial is intended to accommodate medium volumes and local mobility, and provide for connections to neighboring communities. Secondary arterial roadways are intended for local trips, so design speeds should also be notably lower than principal arterials. A ROW of 90 feet allows for four travel lanes and space to buffer different travel modes. A divided median is also important for this classification of roadway, allowing some area for reduced width left -turn lanes at minor intersections and provides access management for fewer turning conflicts. Additional ROW may be preferred at major intersections. Driveway access to secondary arterials should also be guided by access management and spacing requirements. Parking along secondary arterial roadways is generally prohibited, unless parallel parking bays are provided in addition to travel lanes, which may be desirable in a potential mixed -use transit oriented district north of 1 -35. Bicycle accommodation is intended to be provided on a shared -use path (or hike - and -bike path), buffered from the roadway. • Cross -town mobility • Accommodates medium traffic volumes and operational speeds • Managed access • Four -lane divided • Curb and gutter drainage Examples include Lower Seguin Road east of FM 1518, Wiederstein /Old Wiederstein Road, and the east - west portion of Trainer Hale Road. (5 SIDEWALK) �2' f ` LANE LANE [ 12' TRAVEL �2'� 'JdJ MEDIAN 2' [ 12 LANEEL � 12-TRAVEL t2j i5" SIDEWALK + OR 10' SHARED USE PATH) 90'R. O. W Figure 16. Secondary Arterial Section — Wiederstein Road Chapter 3. Thoroughfare System Plan Secondary Rural Arterial Rural Secondary Arterial roadways carry traffic across significant segments of the city, connect principal arterials to collectors, and accommodate moderate volumes at higher speeds. This section is intended for use where adjacent, planned land uses are lower intensity, and access points fewerthan the urban section would provide. The recommended ROW for Secondary Rural Arterials is 90 feet and is intended to include a three -lane section, with two travel lanes and a surfaced median. Travel lanes should be 12 feet wide with 6- to 8- foot -wide shoulders to accommodate emergency parking, extended site lines, and bicycles. Wide areas at the edge of paved shoulders provide for stormwater drainage and buffer from the roadway from adjacent property. Where sidewalks are provided, they should be between the drainage channel and the edge of the ROW. Driveways should still be guided by access management principles. A two -way left - turn lane in the center of the section provides buffer distance from oncoming traffic and left -turn opportunities without obstructing the through- movement. An adjacent 20- foot -wide trail easement allows for accommodating pedestrians and bicycles on a shared -use path (or hike - and -bike path) sufficiently buffered from the travel way and opportunities for tree growth. • Cross -town mobility • Accommodates medium traffic volumes and higher operational speeds • Access is managed • Two -lane divided • Open section drainage Examples include Lower Seguin Road west of Hollering Vine and adjacent to Randolph AFB, and Ware Seguin Road west of FM 1518. Figure 17. Secondary Rural Arterial Section — Ware Seguin Road. Chapter 3. Thoroughfare System Plan Collectors Collector roadways serve to provide access to higher functional class facilities, access to residential areas, and provide access and circulation to commercial areas. They are designed for short trips, lower speeds, and connections between residential and commercial areas. They are differentiated from arterial streets by their length and degree of access to adjacent development where driveway access is seldom limited. The recommended ROW for Collector roadways is 70 feet wide. The pavement width of 40 feet is wide enough to provide different layouts of lane striping to accommodate adjacent uses — whether it is on street parking, or bike lanes, or a center -turn lane, the width is intended to be flexible over time as needs change. Three typical sections are provided: one residential section with on street bike lanes, one commercial section with a middle turn lane for frequent driveways and turn - movements, and one commercial section with on street parking. • Collection and distribution of traffic • Speeds and volumes dependent on adjacent land uses and neighborhoods served • Access to development and neighborhoods • Connectivity to arterial and residential collector streets Typical Residential Collector — 70 -foot ROW: 7 -foot buffered bike lanes accommodate bicycles of all comfort levels. Examples include Ray Corbett Drive, Live Oak Road, Wiederstein Road west of FM 3009, Country Club Boulevard, Eckhardt Road, and segments of Ware Seguin Road. 14' PARKWAY IT TRAVEL IT TRAVEL ?4' PARKWAY (5 SIDEWALK) 2' LANE LANE (5 SIDEWALK) 'BUFFERS 7' BUFFERED BIKE LANE BIKE LANE 70' R O W. Figure 18. Residential Collector— Example: Savanah Drive Chapter 3. Thoroughfare System Plan Typical Commercial Collectors — 70 -foot ROW — applicable in Southern Schertz near 1 -10 and northern Schertz near 1 -35. The 12- foot -wide outside lanes can accommodate more experienced bicycles. A shared - used path on one side accommodates less experienced bicycles. r 14' PARKWAY (5' SIDE WALK) 12' TRAVEL 14' CENTER 12' TRA VEL LANE TURNLANE LANE Figure 19. Commercial Collector - Example: Four Oaks Lane 14' PARKWAY (10" SHARED USE PATH) Figure 20. Commercial Collector (TOD) - Example: New Streets in TOD area Local Residential and Commercial /Industrial Streets The primary function of local streets is to provide access to and from properties. Local streets feed to and from the collector street network, but occasionally may tie directly to arterial streets. The urban local residential street is described in the Schertz Unified Development Code as a 30 -foot pavement width, with curb - and - gutter drainage and minimum 5- foot -wide sidewalks on each side of the street, buffered from the curb. Local residential streets have a 50- foot -wide ROW. Local commercial /industrial streets are described as 42 feet of pavement, with curb and gutter drainage, 5 -foot sidewalks, and a 60- foot -wide ROW. Local streets are not illustrated on the MTP map, but are encouraged to be developed to increase connectivity, lessen block lengths, and encourage active and non -auto modes of travel for people on foot, pedestrians in wheelchairs, and people on bike. Chapter 3. Thoroughfare System Plan Chapter 3. Thoroughfare System Plan twill .. Mztol !on/off ded by Supplements capacity of Traffic move- ping 30,000 to arterial street . . ment; long 1 -5 schematics to 1 mile 55 -70 distance travel continuous 125,000 system and provides high frontage speed mobility roads Restricted — Moderate some Provides higher distance inter- movements mobility and community, ' .. may be 20,000 to speeds; _ intra -metro area, prohibited; 1/4 mile 46,000 40 -55 None "backbone" of traffic move- number and the street ment; serves spacing of long trip lengths driveways system : -1 %alzl controlled May be Mobility function limited to is primary; access major Provides route • . .. function is generators; 1/8 mile 7,000 to 30 -45 and spacing - secondary; number and 34,000 continuity with serves moderate spacing of major arterials trip lengths driveways controlled Primary — collect/ distribute traffic between local streets and Safety arterial system; - serves short trip Y4_�Zlzl controls; 300 feet 2,000 to 30 -40 Limited Through traffic limited 18,000 lengths; provides regulation should be land access and discouraged inter- neighbor- hood traffic movement 2 lot Safety control 125 -200 200 to . Land access j 20 -30 Permitted lengths only feet 1,500 (1) Spacing determination should also include consideration of (travel within the area or corridor based upon) ultimate anticipated development. (2) Denser spacing needed for commercial and high- density residential districts. (3) Spacing and intersection design should be in accordance with state and local thoroughfare standards. Chapter 3. Thoroughfare System Plan Design Guidelines and Special Considerations There are established standards for design that are utilized by communities across the United States that have been established based on research and local experience. These are the anticipated guidelines for implementation of the transportation system plan: For Roadways: • American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets, latest edition • Transportation Research Board (TRB) Highway Capacity Manual, latest edition • Texas Manual on Uniform Traffic Control Devices, latest edition • City of Schertz Unified Development Code For Bikeways: • AASHTO Guide for the Design of Bicycle Facilities • National Association of City Transportation Officials Urban Bikeway Design Guide For Sidewalks and Paths: • AASHTO Guide for the Planning, Design and Operation of Pedestrian Facilities For Transit Facilities: • TRB Transit Capacity and Quality of Service Manual In addition to these established design standards, there are additional guidelines for design applications to best suit the current and anticipated conditions along the street corridor. Complete Streets One of the planning concepts Schertz should consider to incorporate in future roadway design on key corridors is a complete streets initiative. The focus of a complete streets initiative is to consider all modes during the planning, design, construction, operation, and maintenance of the city's street network. Effective complete streets policies help communities routinely create safe and inviting road networks for everyone, including bicyclists, drivers, transit users, and pedestrians of all ages and abilities. Instituting a complete streets policy ensures that transportation planners and engineers consistently design and operate the entire roadway with all users in mind. For the complete streets policy to be effective, a program of supporting policies and procedures need to be put in place in the city which could include a program of land use planning guidelines, project development checklists, established responsibilities for addressing modal issues, and more specific design and operating standards for implementation and maintenance. All of the roadways in Schertz have the potential to be complete streets. Context Sensitive Solutions Though a roadway corridor on the MTP may be of a particular functional class designation, whether it is a principal arterial, secondary arterial, or collector, its typical section may transition along its corridor depending upon the traffic volumes and relation to the adjacent land uses. In many cases, an arterial roadway may pass through rural into urban and sequentially commercial into residential settings and back again within a segment of the corridor. The typical sections to be considered for these roadways should Chapter 3. Thoroughfare System Plan be sufficiently adaptable to the context of its current surroundings and potential development. Similarly, the development of land adjacent to arterial roadways should be sensitive to the mobility function of the corridor. Thus, for each of the roadway classifications in the MTP, multiple typical sections are proposed for potential application to the corridor context, with multiple possible combinations. Corridor and Access Management Access management refers to the practice of coordinating access points to a roadway by considering specific design criteria for the location, spacing, design and operation of driveways, median openings, and intersections. The goal of access management is to safely balance access to land development while maintaining efficiency of the transportation system. This is accomplished through influencing, and in some cases controlling, the location, spacing, design, and operation of driveways, median openings, and street connections to a roadway. In general, arterial streets in Schertz show positive access management, with limited driveways access points and spacing between them, and residential developments accessed through collector roadways intersecting the arterials at signal controlled intersections. The city deserves credit for the implementation of many of these practices, and should continue, to the benefit of the community. The options below are intended to expand the considerations available, and may be applied to some arterials over time, that have duplicative and /or wider driveways that decrease system efficiency. In general, as the access to facilities along the roadway is increased, mobility of a roadway is decreased. Access management influences this process, slowing its progress and in some cases reversing it with tangible results in order to maintain efficiency of the road and improve traffic safety. The following guidelines include specific details the city can continue to influence to do so. Chapter 3. Thoroughfare System Plan Driveway Spacing Driveway spacing guidelines limit the number of driveways along a roadway by establishing a minimum distance between driveways and non - signalized intersections (Figure 21). Spacing requirements help reduce the probability of crashes as vehicles enter and exit the roadway. The distance between two access points is measured between the closest edge of pavement of the first access and the closest edge of I' Is 1 -1 1• Is `l _J U�J� 5aroe_ Adapted from CorUm for the New Utmnsirn jCTa.li, AAaM 2005 Figure 21. Driveway and Non - Signalized Intersection Spacing Guidelines pavement of the second access. A balance is found between allowing enough access to serve the adjacent land use, but not too much access so that it degrades the road performance. Distances can be modified depending on the intent of the roadway use, for example higher speed roads and anticipated truck traffic, to provide more time for shifting. Raised Medians Raised medians limit cross - street movements and improve traffic flow. They have been proven in studies sponsored by the Federal Highway Administration (FHWA) to reduce crashes by over 40 percent in urban areas and over 60 percent in rural areas. Medians also serve as a safe refuge for pedestrians and bicyclists crossing the street, especially compared to two -way left -turn lanes. The placement of the median opening depends on the type of thoroughfare system. Priority should be given to thoroughfares providing mobility and access throughout the entire community. Openings should only be provided for street intersections or major developed areas. Spacing between median openings must accommodate left -turn lanes with proper deceleration and storage lengths. Median treatments can take on many different forms, including full median openings and channelized openings. Chapter 3. Thoroughfare System Plan 0 Spacing (feet) Between. Design Intersections Offset Speed Intersections (mph) (IS„ feet) (OS, feet) 15 -30 200 50 3540 250 75 45 -50 350 150 50 + 500 500 5aroe_ Adapted from CorUm for the New Utmnsirn jCTa.li, AAaM 2005 Figure 21. Driveway and Non - Signalized Intersection Spacing Guidelines pavement of the second access. A balance is found between allowing enough access to serve the adjacent land use, but not too much access so that it degrades the road performance. Distances can be modified depending on the intent of the roadway use, for example higher speed roads and anticipated truck traffic, to provide more time for shifting. Raised Medians Raised medians limit cross - street movements and improve traffic flow. They have been proven in studies sponsored by the Federal Highway Administration (FHWA) to reduce crashes by over 40 percent in urban areas and over 60 percent in rural areas. Medians also serve as a safe refuge for pedestrians and bicyclists crossing the street, especially compared to two -way left -turn lanes. The placement of the median opening depends on the type of thoroughfare system. Priority should be given to thoroughfares providing mobility and access throughout the entire community. Openings should only be provided for street intersections or major developed areas. Spacing between median openings must accommodate left -turn lanes with proper deceleration and storage lengths. Median treatments can take on many different forms, including full median openings and channelized openings. Chapter 3. Thoroughfare System Plan 0 - s -- Driveway Consolidation Research sponsored by FHWA shows - that the density and design of driveways have a direct impact on Pmp" Line i roadway safety — the more access suumny j Bu�an� connections, the more accidents. The "T°' ""°a purpose of driveway consolidation and spacing is to limit the number of conflict points while ensuring _P`Will`Line convenient and safe access to businesses. Driveway consolidation Street involves the removal of existing access connections, or driveways, for the primary purpose of improving safety. Figure 22. Example, Shared Access Easement This technique will impact multiple stakeholders, typically requiring cooperative agreements between each property owner and governing agency attempting to consolidate the driveways and in some cases share a driveway, for example, through a shared access easement. Each driveway presents a potential conflict point, thus, a safer redesign would use an internal circulation system to funnel roadway traffic through one major access point. Driveway realignment involves the relocation of driveways so they mirror or offset one another to minimize potential conflicts. i 'r I I Structure i I e i Prp er# Line i Joint Cross - gr�asa I i i Structure i Left- Turn Lane i 'r .......................... I i Figure 23. Example, Cross Access Easement Chapter 3. Thoroughfare System Plan Auxiliary Lanes Deceleration and acceleration lanes at major driveways can provide refuge for turning vehicles while maintaining travel speeds for traffic though lanes. Auxiliary turn lanes at intersections allow turning traffic to get out of the way of through traffic and wait to turn using gaps in opposing traffic. These treatments increase the capacity and average travel speed of the roadway, while enhancing driver safety. Pedestrian Sidewalks /Sidepaths and Crossings Pedestrians are a critical user group of intra -city travel, especially in urban and mixed -use centers. Well- designed pedestrian environments not only encourage walking, they separate pedestrians from vehicular traffic to increase the safety and enjoyment of this experience. Well- designed, safe, convenient, and attractive pedestrian environments will increase the viability of walking as an alternative transportation mode. Intersections are the most dangerous pedestrian environments. The location and design of crosswalks, median rests, curb ramps, and pedestrian signals help to improve the safety and accessibility of pedestrian crossings. Landscaping and Streetscaping Landscaping provides functional and aesthetic benefits to the streetscape through the use of scale, shade, and color. Improvements may include shade trees, hanging flower baskets, flower boxes, decorative signage, and entry features. Planting amenities can require higher maintenance costs than hardscape and street furniture, but they offer natural beauty and a much grander scale. Landscaping is also used as a traffic calming device to reduce the speed of automobiles. When street trees are placed along the sidewalk edge or in the median, their presence creates the appearance of reduced area of the roadway available to vehicles. This influence has a traffic calming effect. Bicycling Accommodations Bikeway amenities alert motor vehicles and pedestrians of bicycle traffic, while also guiding cyclists to their proper location on the roadway. Bicyclists also benefit from the other access management treatments that reduce conflict points and create order and calming effects to traffic flow. Key Mobility Intersections The ability for the roadway network to operate effectively relies on the ability of intersections to efficiently process traffic. Operational conditions typically break down when insufficient turn lane capacity is available to remove turn movements from the traffic stream. To ensure the ability to provide channelized turn movements, such as a second left -turn or right -turn lane, an additional 22 feet of ROW should be provided at key major and secondary arterial intersections. To determine the exact dimensional requirements of specific intersections, a traffic analysis should be conducted at the time of facility implementation or coordination /approval with the City Engineer. As currently defined, divided roadways have the ability to accommodate a separate left -turn lane. By adding approximately 20 feet of width, a second left -turn and separate right -turn bay can be added as needed to an intersection. Travel lanes of 11 feet typically provide sufficient roadway width for turn movements. Critical mobility intersections generally fall where major and minor arterial facilities meet. At these intersections, the city should require additional ROW via the subdivision and platting process (where possible) as informed by an operational traffic impact analysis, to allow for additional turn lanes that may be needed in the future. In high intensity development areas, a traffic analysis should be conducted to determine the appropriate intersection requirements. Figure 24 illustrates intersection ROW requirements at critical locations, if not planned for other improvements that have more specific ROW needs detailed. Chapter 3. Thoroughfare System Plan 150 ft. with a 200 ft. 15:1 Taper 24' Pkwy 24' Pkwy --- 140' ROW --- - - - - -- 120' ROW — T —T_ —� -- 35' Pkwy 24' Pkwy r200 ft. X150 ft. with a 1 15:1 Taper Figure 24. Major Arterial Flared Intersection ROW Dedication guidelines Administration In the administration and enforcement of the plan, special cases and unique situations will occasionally arise where existing physical conditions and development constraints in certain areas conflict with the need for widening of designated thoroughfares to the planned ROW width and roadway cross section. Such special circumstances require a degree of flexibility and adaptability in the administration and implementation of the plan. Acceptable minimum design criteria and special roadway cross - sections may have to be applied in constrained areas where existing conditions limit the ability to meet desirable guidelines. Where new development occurs, cross sections should be according to the MTP and Unified Development Code. For redevelopment in areas with existing, constrained ROW, a unique roadway design determination may be necessary and is subject to the approval of the City Engineer /Staff and /or the Planning and Zoning Commission. The standard roadway cross - sections should be used in newly developing areas and whenever possible, in existing developed areas subject to the prevailing ROW for the existing thoroughfare. Chapter 3. Thoroughfare System Plan Conclusion This MTP provides a framework for a transportation system to offer choices in how residents travel, and includes recommendations for corridor alignments to preserve mobility and connectivity as the community grows. This plan also serves as a blueprint for transportation investment decisions and includes opportunities to address current needs and those anticipated in the near term. The thoroughfare network is implemented in segments over time. It is envisioned that the majority of the network laid out in this document will be provided through the development process at the time of subdivision, using this document as a guide. But the network will still need to be managed, guided and operated through shared responsibilities and partnerships between the city, counties, neighboring cities, and regional agencies such as AAMPO, VIA, and TxDOT. This plan will be incorporated in to the regional MTP maintained by AAMPO, and should be considered part of the continuous, comprehensive, and cooperative planning process nested in the context of the larger efforts. This plan allows for key improvements, including additional turn lanes at major intersections, an extension of FM 3009, and support for improvements to FM 1103 and the intersection of FM 1518 and FM 78. These are critical points in the transportation network for the city and will support the region as it grows. Using public resources in an efficient and effective manner includes anticipating growth and making reasonable allowances for its coordination. The city will continue to grow its network of roads and corridors as the city does, and balance expansion with maintenance and operation of the existing system in order to preserve the ability to reach desired goods, services, and activities. Select expansions to the network will increasingly provide connections and opportunities to drive, but also to walk and bike, thus reducing the future fiscal burden on residents to provide city services in areas with certain levels of activity and infrastructure. But care needs to be taken in the implementation to preserve the community character and seek balance between the need to accommodate growth, yet retain what is distinctive and best suits the Schertz community. Chapter 3. Thoroughfare System Plan This page intentionally left blank. Chapter 3. Thoroughfare System Plan Appendices Appendix A — Advisory Group and Open House Presentations Material (Attached) Appendix B — Implementation Timelines Anticipated timeframes for system improvements are outlined below. These include arterial roadways, primarily where the majority of collectors are anticipated to be delivered through development. Collectors that are listed are done so with the anticipation that the city may need to step in to make small connections not provided through general development. New Construction Project Limits Functional Class Time Frame North -South Connector FM 3009 to North -South Connector Collector 1 -5 years (near FM 2252) 1 -35 to Old Wiederstein Road Secondary Arterial 5 -10 Years North and South Existing terminus to City Limits Collector 10 -15 Years Connector (S. Schertz) Schaefer Road to Trainer Hale Road Principal Arterial 10 -15 Years North and South Maske Road to Schertz Parkway Collector 15+ Years Connector (S. Schertz) FM 78 to Schaefer Road Principal Arterial 15+ Years East -West Connector 1 -35 to City Limits Principal Arterial 15+ Years (near Old Nacogdoches Hubertus Road to Schwab Road Secondary Arterial 15+ Years Road) Extended Principal Arterial 15+ years New Street (near Pfeil Road) Pfeil Road to Binz Engleman Collector 15+ Years North -South Connector to Cibolo Creek RAF - Burnette (City Limits) Secondary Arterial 15+ Years Roadway Extension Project Limits Functional Class Time Frame Four Oaks Lane FM 3009 to North -South Connector Collector 1 -5 years Tri- County Parkway FM 3009 to FM 2252 Secondary Arterial 10 -15 Years Country Club Boulevard Existing terminus to City Limits Collector 10 -15 Years Old Wiederstein Road FM 3009 to North -South Connector Secondary Arterial 10 -15 Years Live Oak Road Maske Road to Schertz Parkway Collector 15+ Years Binz - Engleman Road Loop 1604 (San Antonio) to Ware Seguin Road Rural Secondary Arterial 15+ Years Schwab Road 1 -35 to City Limits Principal Arterial 15+ Years Trainer -Hale Road North -South Connector to Cibolo Creek ( Cibolo) Secondary Arterial 15+ Years Appendices Lane Additions /Expansions Project Limits Functional Class Time Frame 1 -35 Managed Lanes San Antonio to FM 1103 Highway /Freeway 1 -5 Years FM 1518 FM 78 to 1 -10 (may include bridge over FM 78) Principal Arterial 1 -5 Years FM 1103 1 -35 to City Limits Principal Arterial 5 -10 Years Connector Road 1 -35 and Old Wiederstein Road Secondary Arterial 5 -10 Years Old Wiederstein Road North -South Connector to FM 1103 Secondary Arterial 10 -15 Years Lower Seguin Road FM 1518 to Cibolo Creek Secondary Arterial 10 -15 Years Lower Seguin Road Loop 1604 (San Antonio) to FM 1518 Rural Secondary Arterial 10 -15 Years Schaefer Road FM 1518 to North South Connector Secondary Arterial 10 -15 Years Graytown Road San Antonio City Limits to 1 -10 Rural Secondary Arterial 10 -15 Years Schwab Road 1 -35 to New Street (South of 1 -35) Secondary Arterial 10 -15 Years Scenic Lake Drive 1 -10 to Graytown Road Collector 15+ Years Trainer Hale Road FM 1518 to Trainer Hale Road /North -South Connector Secondary Arterial 15+ Years FM 1518 Maske Road to FM 78 Secondary Arterial 15+ Years Green Valley Road Eckhardt Road to Schertz ETJ limit Secondary Arterial 15+ Years Engel Road East -West connector to New Street, New I Braunfels ETJ I Secondary Arterial 15+ Years Appendices Appendix C — Crash Data Exhibit Detail SCHERTZ comma? ISY•5ERVIC£.oPPom w" 2011 Schertz with Crash Data Freeway Principal Arterial 120" ROW Typical Minor Arterial 86' ROW Typical Collectors 60' ROW Typical Other Roads Data: Texas Peace Officer's Crash city Report f TxDOT Crash Records ETJ Information System 3 -year time period 1112 - 1115 Appendix D — Alternatives Considered A critical task for update of the MTP was assessment of existing arterial alignments and consideration additional and alternate alignments for planned roads. Connection to adjacent communities updated, adopted MTPs formed an initial screen, with connections between Cibolo, Universal City, Selma, New Braunfels, and San Antonio updated. Additional consideration was given to the Binz - Engleman corridor connection with San Antonio, with several alternatives developed in sketch level, and a meeting was held with San Antonio staff to determine which alignment was least impactful to environmental features, existing development, and would serve the transportation corridor connection objective. This alternative was forwarded on to the plan's Advisory Group for the draft MTP that was presented to the public in the open house. Alternatives considered are included as Figure 25. Figure 25. Binz - Engleman to San Antonio Connection Alternatives considered Consideration was given for the planned connection of Schertz Parkway north to Batcave Road, a residential collector roadway, in the City of Garden Ridge. Analysis showed that the connection, while beneficial from a functional spacing and connectivity perspective, was not supported by a connection in plans by Garden Ridge, which would make connection difficult if not prohibited. Also, two additional at -grade crossings would be needed. It was determined that the connection was not critical for vehicular access, as Doerr Lane is one half of a mile to the east, and existing grade- separated crossings of the railroad lines located on FM 3009 just east of Doerr Lane. Figure 26 shows the alignment considered for removal. Appendices Figure 26. Schertz Parkway, North connection consideration Given the clear -zone requirements of Randolph AFB, and the conclusions of the JLUS study, additional consideration for an alternative alignment for Lower Seguin Road was considered to realign the roadway parallel to the existing alignment, approximately 1,500 feet to the south, so as to avoid the critical clear zone of the runways. However, it was determined that the cost of such a realignment would be too costly to support acquisition of new alignment for reconstruction of the existing thoroughfare with this update. A new connection from Central Schertz to Universal City was also considered, in the location of Maske Road, approximately. The location was determined to be in the jurisdictions between Universal City and Selma, and therefore out of the scope of this plan. However, for discussion purposes, where a connection across Cibolo Creek between 135 and FM 78 would be useful for local and non -auto trips, it was determined that neither Selma nor Universal City have active plans to make such a connection. Further, the land use pattern on the west side of the creek, in Universal City, is predominantly existing single - family residential neighborhoods, which could be significantly disrupted by a new arterial connection. This update also allowed for the reconsideration of the adopted alignment of the planned, new arterial connection between FM 78 and 1 -10. This continues a long- standing conversation regarding the connection, which has been planned for since prior to the 2002 Comprehensive Land Plan. Prior to that, connection was shown on plans by the City of San Antonio. The primary purpose of the connection in the plan update remains to preserve a feasible alignment from development, so that a connection can be made when needed. This update considered both the future need of the connection, public input, and alignment. • r r rr rigti, }- s.2 Thoroughfare Master Plan Comprehensive Land Plan Cav of Schcrv, Tnas Figure 27. Excerpt, 2002 Master Thoroughfare Plan, connection Illustrating the concept for extension of FM 3009. Figure 28. Excerpt of FM 3009 screened route options, FM 3009 E Study, 2007. Figure 29. Route alternatives considered for Southern Schertz, preliminary, 2015 Appendices 0 f Traffic stopped for train — intersection of FM 3009 and FM 78. Illustrates the confluence of transportation modes needed to maintain mobility and connectivity in central Schertz despite increasing travel demand and rail disruption. 'V QQ irlti' � L x+ x a tv t F 3009'E 5 dy Area a a.rMir is p rLL ryF '151& roc 4.5 Mires <.Q 7-3 ile y 1$5 rreg d i ?,Q Mrrea ; Figure 30 Arterial Spacinf Source FM 3009[ /E Study, 200; 3 009 La M bFv r ` MuRle pw )J f Right W riry Rv.A Typ.r C x C 1r.Y W IM1 6�� -� k • - �_ NW16' =figure 31. Alternative Alignment connection to FM 3009. Illustrative composite modified from FM 3009 E Study, 2007. Appendices Appendix E - Traffic Volumes and Travel Demand Model Results SS(C]H IE RAT co wra $ "Mee. Qo AT ,, Master Thoroughfare Plan Update {201 T} Travel Volume Bands - 2010 2010 Volumes FEMA Floodylem 0.6400 CNy 8,000. Mm ETJ 6.000 - 32.000 i 32.000 - 54,000 41101054,000+ .cn�a.s�n�w w Appendices 07W Travel Volume Bands - 2040 Tho volume bands mapped here represent results of the travel demand model tool n, maintained d uby the Alamo Area Metropolitan Planning jam, J i200 Vplulnee FEhtA Floodplaln Organization, and used wnh their permission. The specific results rellscl a [OMMllMrTM•SEA1rIGE • flPPORT IrInTY 0 • &DOO C+ky local planning scenario ellort by the Cily of Sclrerta, with local lorecast 0 growth and distribution for iha purposes of informing lhis Master �— 6,000 - 16 000 ETJ Thoroughtare Alan update. Not all links In the plan are assumed to be Master •` 19,ew - 32.1300 construaled Isy 2040. Thoroughfare Plan X32,000. S4.ON Update (2017] �s4,000. 1 r� Appendices City of Schertz Master Thoroughfare Plan Public Hearing Schertz Planning and Zoning Commission May 24, 2017 SCHIERTZ I COMMUNITY SERVICE OPPORTUNITY Purpose of a Thoroughfare Plan: • To provide for the orderly development of an adequate major street system as land development occurs and as traffic increases (Are our existing roads sized properly? What new roads do we need as the City grows ?) • To enable coordination with outside agencies and private interests with respect to roadway improvements (We need 10 ce sure our future roads line up wain our neighbors' future roads.) • To reduce travel and transportation costs (Proper planning and construction minimizes traffic congestion.) SCH11L1HnF7/ COMMUNITY OPPORTUNITY 2 Schertz Master Thoroughfare Plan Background • Last complete City of Schertz Thoroughfare Plan prepared in 2002 as part of the City's Comprehensive Plan • 2002 population estimate: 22,732 • Sector Plan completed in 2011 -2013 identified need for Thoroughfare Plan update • 2013 population estimate: 35,929 Note: 2013 planning process did not include travel forecast modeling, functional classification and access management evaluation, CIP development, or other pieces of a full Thoroughfare Planning process SCHIERCF7Z COMMUNITY OPPORTUNITY 3 City of Schertz WJ0, - mh. T=.On- Pl. v Ar F-1 rrorTw 1. n., vexreuenr. !s. a>n�xcafears�m L)MMUNITY* SERVICE UPPOH Thoroughfare Plan Tasks: • Identify issues and develop policies (level of service, character of roads) • Coordinate with other agencies • Analyze Existing Thoroughfare System (mapping, traffic counts, planning developments) • Future Land Use Growth Scenarios (10- and 20 -year projections, travel forecasting) • Development of Thoroughfare Plan • Plan Strategies and CIP Programming • Plan Adoption and Documentation SCHIERCF7Z COMMUNITY OPPORTUNITY 5 SCHIFIRTZ Coordination with outside agencies • San Antonio • New Braunfels • Cibolo • Universal City • Converse • Selma is Garden Ridge • Guadalupe County • Bexar County • Comal County • Alamo Area Metropolitan Planning Organization (AAMPO) • TxDOT no COMMUNITY* SERVICE OPPORTUNITY Development of Thoroughfare Plan: • wentification of aefic encies and needs • Identification of improvements for short and long term implementation • Non motorized mobility planning • Evaluation of functional classifications • Evaluation of access management program SCHHEIRUF7Z � COMMUNITY SERVICE OPPORTUNITY 7 ,{� `,� e,vTmmughisre Plan - 512011 Phis map shows revised draft Qn —nt. that. _ ha.e been included la rafted -- to the plant possible avoid - Mncwn cnIfl —or ' r1 hames, water bales, Apes, and eoadplaln �) =Please Me that allgnmenfa presented are defined at planning level. As 'develnpnont occurs, the al.i may vwi refined 11-9h the wbdlvls on ♦lick X + �1_k--- - - -� ` r� so ♦ r. d � yIpL{rL FneweY O Grade SeParatbon I\ pnPMUNnY•9EIMCF • nFPoFNNPY Thoroughfare Plan "'A Pl asa (121Y- 130' TYFicsll .. -. -•_ Secpndaiy Prtalell Plenired Ss_,=) - -- Sewndsy RUrel Ananalf Planned SZVriaary (BO) --1 Plan ad�nl�dw„p ROh g'.£ Pmpnsed Grade Separation Cs Pluppeed Grade Separation! Mar Jpnsdicdan "l"A Pbodplaln Update (2017) --- �G^unmanal�A1. -� ,'anNedcolle�I� MROw, — �_ —COmr 1 cdledcr B 701+ Planned pv RQq city ETJ a, -- Of—g ROedal Qprer Citys— I.nnad Reads' ROADWAY CLASSIFICATIONS Freeway 4I Grade Separation Principal Arterial i Planned (120' - 130', Typical) �Ytf �a! Proposed Grade Separation Secondary Arterial 1 Planned Secondary (90) Secondary Rural Arterial 1' Planned Secondary (90') Proposed Grade Separation/ Other Jurisdiction Residential Collector r Planned Collector (70' ROW) FEMA Floodplain Commercial Collector A / Planned Collector (70' ROW) City N Commercial Collector B TOD)1 Planned (70' ROW) ETJ 1 i" 1, _ x'2,5 0 ( J /Planned 1 0 1,2501 2,5p0 5,pkK1 7.500 Feet 1 I I k Other City Roads 1 Other City MTP Planned Roads SCHIERCF7Z OPPORTUNITY 9 • High degree of regional mobility, higher traffic volumes and operational speeds • Access is carefully managed • Curb and gutter section with underground stormwater utilities and drainage • Examples include Roy Richard drive (FM 3009), FM 78, FM 1103, and FM 1518 south of FM 78. i. (5'SOEWALK) 9'I }° fTAR � � }` l.ANCEL 2' i8'MEDlAIJ 2'� ?Y TRAVEL � f?' t LANE igu R.O.W _ Figure 12. Four -Lane Principal Arterial Section r J_ A. 24' PARKWAY 10' SHARED USE PATH) Figure 13. Six -Lane Principal Arterial Section 'i Figure 13. Six -Lane Principal Arterial Section •l0I1 • Cross -Town mobility • Accommodates medium traffic volumes and operational speeds • Managed Access • Four -lane divided • Curb and gutter drainage • Examples include Lower Seguin Road east of FM 1518, Wiederstein/Old Wiederstein Road, and the east -west portion of Trainer Hale Road. 13' PARKWAY f 2 TRAVEL 12' VET � 1 [ f 2 EL 12-TRAVEL WSIaEWa1 K 2' L LANE LAN E IT MEDIAN [2' LANE LANE (5' SIDEWALK OR 10' SNARED USE PATH) Figure 14. Secondary Arterial Section — Wiederstein Road •l0I1 • Cross -town mobility • Accommodates medium traffic volumes and higher operational speeds • Access is managed • Two -lane divided • Open section drainage Examples include Lower Seguin Road west of Hollering Vine and adjacent to Randolph AFB, and Ware Seguin Road west of FM 1518. T Y yeY Figure 15. Secondary Rural Arterial Section —Ware Seguin Road. 9100292[• • Collection and distribution of traffic • Speeds and volumes dependent on adjacent land uses and neighborhoods served • Access to development and neighborhoods • Connectivity to arterial and residential collector streets pical Residential Collector — 70 -foot ROW: 7 -foot buffered bike lanes accommodate bicycles of all mfort levels. Examples include Ray Corbett drive, Live Oak Road, Wiederstein Road west of FM 3009, untry Club Boulevard, Eckhardt Road, and segments of Ware Seguin Road. 14' PARKWAY 12' TRAVEL 12' TPA VEL 14' PARKWAY (5' SIDEWALK) 2' LANE LANE (6' SIDEWALK) 'BUFFERS 7'BUFFERED BIKE LANE BIKE LANE Ar R.O. W; Figure 16. Residential Collector— Example: Savanah drive • 01MMM"[• • Collection and distribution of traffic • Speeds and volumes dependent on adjacent land uses and neighborhoods served • Access to development and neighborhoods • Connectivity to arterial and residential collector streets Typical Commercial Collectors — 70 -foot ROW — applicable in Southern Schertz near 1 -10 and northern Schertz near 1 -35. The 12- foot -wide outside lanes can accommodate more experienced bicycles. A shared - used path on one side accommodates less experienced bicycles. Figure 17. Commercial Collector- Example: Four Oaks Lane Figure 18. Commercial Collector (TOD) - Example: New Streets in TOD area 14' PARKWAY 14' PARKWAY 12' TRAVEL 14' CENTER t 2' TRAVEL (f 0' SHARED (5'SIDEWALK) LANE TURN LANE LAME 2' USEPATH) TO' R.O.W Figure 17. Commercial Collector- Example: Four Oaks Lane Figure 18. Commercial Collector (TOD) - Example: New Streets in TOD area ROADWAY CLASSIFICATIONS AND PROPOSED CHANGES _ = Freeway O Grade Separation Principal Arterial / Planned (120' - 130', Typical) ,11 - Proposed Grade Separation Secondary Arterial / Planned Secondary (90') Secondary Rural Arterial / Planned Secondary (90') Proposed Grade Separation/ Other Jurisdiction _ Presidential Collector ? Planned Coliector (70' ROW) FEMA Floodplain Commercial Collector A r Planned Collector (70' ROW) City 0 Commercial Collector B TOQ Planned 70' ROW ETJ � Inch 50 2, 00 ( } ? ( } 4 1,254 2,540 5.404 7,540 Feet 1 I � 9 � i Other City Roads /Other City MTP Planned Roads Significant Changes Alignment Modified - Reduce impacts to development, floodplain, etc.) New Connection - Increase mobility for all modes, connect network for efficiencies. Connection Removed - Critical obstacle, JLUS, etc. Road Class, Increase - reflecting increased use, projected demand. Road Class, Decrease - reflecting change to context, projected demand. SSCHHEIRUEZ I COMMUNITY SERVICE OPPORTUNITY 15 Significant Changes Alignment Modified - Reduce impacts to development, floodplain, etc.) New Connection - Increase mobility for all modes, connect network for efficiencies. Connection Removed - Critical obstacle, JLUS, etc. Road Class, Increase - reflecting increased use, projected demand. Road Class, Decrease - reflecting change to context, projected demand. / g' %04 as Rio $ Roaa �f. oZa R r * W m � P-pea I'll � Q[b'91 e 1 m i° O '^r 11VORcTLI LI[EMLIV SCU U�R�( °s Pow o- 1 ' GO "C0 0411 / a s g$ �s 7 i It qs ca: a 4 � 9 P M II f a a .a ` ` A i Freeway Grade Separation -- Principal Arterial 1 Planned (920' - 930', Typical) Proposed Grade Separation Secondary Arterial 1 Planned Secondary (90') ` Secondary Rural Arterial 1 Planned Secondary (90') Proposed Grade Separation/ Other Jurisdiction -- Residential Collector I Planned Collector (70' ROW) FEMA Ftoodplain Commercial Collector A 1 Planned Collector (70' ROW) City Commercial Collector S TOD I Planned 70' ROW ETJ 1 inch 50 2.WD ( ) ( ) 0 1,250 2.500 5.000 7,590 Faoi Other City Roads ! Other City MTP Planned Roads � SS C 1HIIEIR F � OPPORTUNITY RTUINITY 16 m alr� Atg q,m a °pker ROad 02P an yak ..�e R °a6 asp`& RM isle 4rts_ R °a �y Freeway Grade Separation cl° J�9°�b Proposed Grade Separation Secondary Arterial / Planned Secondary (90') ., A Proposed Grade Separation/ Other Jurisdiction -- Residential Collector 1 Planned Collector (70' ROW) FEMA F000dplain t �f City N 1 m alr� Atg q,m a °pker ROad 02P an yak ..�e R °a6 asp`& RM isle 4rts_ R °a �y Significant Changes Alignment Modified - Reduce impacts to development, floodplain, etc.) New Connection - Increase mobility for all modes, connect network for efficiencies. Connection Removed - Critical obstacle, JLUS, etc. Road Class, Increase - reflecting increased use, projected demand. Road Class, Decrease - reflecting change to context, projected demand. ~A I CENTRAL SCHERTZ SSCHHEIRUEZ I OPPORTUNITY COMMUNITY 17 SERVICE Freeway Grade Separation -- Principal Arterial / Planned (120' - 130', Typical) Proposed Grade Separation Secondary Arterial / Planned Secondary (90') ., Secondary Rural Arterial J Planned Secondary (90') Proposed Grade Separation/ Other Jurisdiction -- Residential Collector 1 Planned Collector (70' ROW) FEMA F000dplain t Commercial Collector A / Planned Collector (70' ROW) City N Commercial Collector B TOC1 / Planned 70' ROW ( ) ( I ETJ 7 5� 50 2.5 °Bt 0 1,250 2,50p 5.000 7.500 Feel -- Other City Roads f Other City MTP Pianred Roads Significant Changes Alignment Modified - Reduce impacts to development, floodplain, etc.) New Connection - Increase mobility for all modes, connect network for efficiencies. Connection Removed - Critical obstacle, JLUS, etc. Road Class, Increase - reflecting increased use, projected demand. Road Class, Decrease - reflecting change to context, projected demand. ~A I CENTRAL SCHERTZ SSCHHEIRUEZ I OPPORTUNITY COMMUNITY 17 SERVICE �k%f - /" Significant Changes % Alignment Modified - Reduce impacts to ' development, floodplain, etc.) New Connection - Increase mobility for all modes, connect network for efficiencies. . ` Connection Removed - Critical obstacle, _ - ` sus ` JLIJS, etc. r��� k•�Jf Road Class, Increase - reflecting increased use, projected demand. Road Class, Decrease - reflecting change to context, projected demand. b Pfd �yJ y t ` d mod r _= Freeway Q Grade Separation �� - -- Principal Arterial ! Planned (120'- 130', Typical) Proposed Grade Separation Secondary Arterial !Planned Secondary (90') Proposed Grade Separation! Other Jurisdiction Secondary Rural Arterial I Planned Secondary (94') t "Concept SCR Ar4 °nro _ _ Residential Collector! Planned Collector (70' ROW) FEMA Fioo d p lain t Commercial Collector A! Planned Collector (70' ROW) City N Commercial Collector B (TOD) ! Planned (70' ROW) ETJ r -,h 2.5 0 0 1,25q 2,504 500 7,500 Fe91 Other City Roads / Other City MTP Planned Roads ,1 Y �� ���� ��'��SERVICE �HIC]��� OPPORTUNITY I f Fi - 1 f I i TM—ghfare plan -5Q017 .' This map shows revised draft alignments that hate been -W.. to,allea -anb t¢ tt. extant possible avoid - known conflict of homes, wafer leaNres, slopes, and fiq dplein- Please — that alignments p,—Isd are x ;defined et a pleRndng level. As d,xN,pmant oxu the alig nmanh may G¢ fudhM refin¢tl N.-9h N¢ subtlivlsipn process. L SICq- ,�Ty�r�+-�r Freeway 0 Glsde Sewafion \ \�Ilyll(•Ik�ll �/ === PnnopaprtertellPmnneelfzo•aot^q P'—d Gretle Selaaration ,,)[tail uxm• 1 JL.II `a ll �xLm� —.1 Maiisll Nen— Se d.n (80' 3amnsa, Raral Aaedal/Plannad 9eeeMVy (9tt) C Prolmsad Grade Separatlonl liter JUmsdicfion Thoroughfare Plan -- Realtlantial Gdlectorl Planmtl C011afm'(RY RI)IN) 'EMA FIaedplafn Update (2017) ROM GM � — _— Cammernlal cm— 'R(Ton)t Mena Ov ROV✓) ETJ - m �— oma, dy Rna�fclnarcq MrR RinnandR� �� Questions and Discussion SCHHEIRUF7Z � COMMUNITY SERVICE OPPORTUNITY 20 Agenda No.7 MEMORANDUM City Council Meeting: July 11, 2017 Department: Economic Development Subject: Consider /Discuss /Act on the Agreement for Provisions of Professional Services between the City of Schertz and the SEDC Background Goal: To establish the Agreement for Provision of Professional Services Between the City of Schertz and the Schertz Economic Development Corporation ( "Service Agreement ") which outlines the professional services rendered by the City of Schertz to the SEDC. Overview: Each year the SEDC transfers funds to the City of Schertz for expenses that are related to the SEDC. The Service Agreement formalizes the transfer of funds by detailing the specific services that will be provided to the SEDC. The services will include: providing administrative staff (Executive Director, Business Retention Manager, Marketing and Recruitment Manager, and Executive Assistant) and support (Human Resources, IT, Payroll, City Management, City Secretary, etc.), managing financial records, preparing the budget, and providing office space. The Service Agreement will be renewed annually as part of the budget process. Summary of Recommended Action: Consider, discuss and act on the approval of the Service Agreement to authorize the associated expenditures. Fiscal Impact The total amount of the FY 2017 -18 Service Agreement is $441,395 which is a 2.5% increase from the FY 2016 -17 budget. The funds will be transferred from the SEDC to the City of Schertz in two equal transfers on October 1, 2017 and April 1, 2018. The funds will be distributed to the Personnel Services account and the Interfund Charges -Admin account. Staff Recommendation The SEDC Board of Directors met on June 22, 2017 at their regular board meeting to consider, discuss and act on the Agreement for Provision of Professional Services between the City of Schertz and the Schertz Economic Development Corporation and recommend approval by the City Council for the expenditures provided for in the Agreement For Provisions of Professional Services Between The City of Schertz and The City of Schertz Economic Development Corporation in the amount of $441,395.00 for the FY 2017 -18 fiscal year. A motion was made by Mr. Macaluso. Seconded by Mr. Howell to approve the Provision of Professional Service and to recommend that he City Council authorize the expenditures. Staff recommends that the City Council authorize the Service Agreement. Attachment(s) • Resolution 17 -R -47 • Agreement for Provision of Professional Services Between the City of Schertz and the Schertz Economic Development Corporation RESOLUTION NO. 17 -R -47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR PROVISIONS OF PROFESSIONAL SERVICES BETWEEN THE CITY OF SCHERTZ AND THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et seq, Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act ") provides a corporation those powers incidental or necessary to the purposes of the corporation; and WHEREAS, the City of Schertz Economic Development Corporation (the "Corporation ") desires to engage the City for the provision of certain professional and other services to assist the Corporation in carrying out its goals and objectives; and WHEREAS, the Act prohibits the City from providing things of value, including professional services, in aid of corporation without receiving fair value compensation in return; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Agreement for Provisions of Professional Services Between the City of Schertz and the Schertz Economic Development Corporation and that such agreement constitutes fair value for the services to be rendered under the agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement for Provisions of Professional Services Between the City of Schertz and the Schertz Economic Development Corporation in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 11th day of July, 2017. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A AGREEMENT FOR PROVISIONS OF PROFESSIONAL SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ ECONOMIC DEVELOPMENT CORPORATION AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ ECONOMIC DEVELOPMENT CORPORATION THE STATE OF TEXAS KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF GUADALUPE THIS AGREEMENT, executed the day of , 2017, by and between the CITY OF SCHERTZ, a municipal corporation, acting by and through its City Council, situated in Guadalupe County, Texas (hereinafter referred to as "City "), and the City of Schertz Economic Development Corporation, a Texas non -profit industrial development corporation (hereinafter referred to as "SEDC ") acting by and through its President of the Board is as follows: WITNESSETH: I. The City agrees to provide management, professional, administrative, financial and investment services to the SEDC according to the terms of this agreement. Direct services the City shall perform for the SEDC shall include: 1. Providing Salary, workers' compensation, health, and retirement expenses for City employees assigned to the SEDC. 2. Preparing all financial and investment reports and keeping all financial books and records required by applicable law. 3. Preparing a budget for the forthcoming year for review and approval by the Board and City Council. 4. Providing all necessary budgeting, accounting, financial management and investment management through the City's Finance Department. 5. Providing accounts payable, payroll, purchasing and other bookkeeping services with oversight and training of such services. 6. Providing for a repository of records, office and conference space. 7. Providing technology support of hardware, software and phone systems through the City's Information Technology Department. 8. Providing automotive support of vehicles through the City's Fleet Department. Page 1 of 3 9. Providing for legal services through the City Attorney's office at the rate that those services are provided to the City. 10. Providing for commercial insurance, communication equipment and services, and office equipment products and services at the rate that those products and services are provided to the City. 11. Providing for financial auditing services through the Finance Department at the rate that those services are provided to the City. 12. Providing executive and administrative support, review and oversight by various City departments including but not limited to City Manager, City Secretary, and Executive Director and appropriate staffing. 13. Providing for project management services. It is understood and agreed that access to City staff resources by the SEDC is secondary to the needs of the City Council of the City of Schertz. II. Subject to the SEDC continuing to contract with the City for management services, the SEDC will pay to the City for its services pursuant to this agreement, in the form of a flat fee (the Service Fee) in the amount of four hundred forty -one thousand three hundred ninety five and zero cents ($441,395.00) per year. Said amount to be paid in two equal payments on October 1, 2017 and April 1, 2018. In addition to the Service Fee, the SEDC will pay to the City the City attorney's hourly fees as charged to the City for all attorney services. In the event of the termination of this agreement, the SEDC will be responsible for paying the City only the portion of the cost allocated to periods prior to the effective date of the termination of the agreement. III. It is the express purpose of this agreement for the City to provide certain management, professional, administrative and financial services to the SEDC. IV. Subject to early termination as provided in Article V below, this agreement shall be in effect for a period of one year commencing October 1, 2017 and ending September 30, 2018, and said agreement shall be extended for additional one -year terms thereafter under the same terms Page 2 of 3 and conditions unless one party gives to the other party written notification at least thirty (30) days prior to the end of the existing term of its desire to terminate the agreement. V. 1. This contract may be terminated by the City or SEDC, in whole, or from time to time, in part, upon thirty (3 0) days notice from the terminating party to the other party. Termination shall be effective thirty (30) days after delivery of Notice of Termination specifying to what extent performance or work under the contract shall be terminated thirty (30) days after receipt by the notified party. 2. After receipt of a Notice of Termination the City shall: a. Stop work on the date as specified in the thirty (30) day Notice of Termination to the extent possible. b. Place no further orders or subcontracts except as may be necessary for completion of the work not terminated. C. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination in so far as possible. d. The SEDC shall pay all expenses incurred through the date of termination. VI. This Agreement shall take effect on the day of execution. IN WITNESS WHEREOF, the parties have executed this Contract in the year and on the day indicated. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION Tim Brown President CITY SCHERTZ, TEXAS John Kessel City Manager Page 3 of 3 Agenda No.8 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: EMS Subject: Resolution No. 17 -R -48— A Resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with Schertz - Cibolo- Universal City Independent School District (SCUCISD) for EMS services. BACKGROUND Schertz EMS has provided various services f o r S C U C I S D for several years. In discussing these services with the School District, we determined together to formalize these services and the consideration for them through an Interlocal Agreement. EMS provides services and supplies such as CPR/First Aid Classes in support of District operations for campus nurses, transportation and maintenance departments, special education teachers and coaches. We have several of their instructors under our ASHI (American Safety & Health Institute) Training Center and AHA (American Heart Association) Training Site. We provide standby services (approximately 35 games) at junior high, junior varsity and varsity games, have a medication takeback (disposal program), Health Fairs /Careers on Wheels events, EMS week school visits (all elementary schools), demonstrations for Law Enforcement and Health Science Tech classes, and supply ASHI and AHA items such as cards, books, class materials, and other value added services to the District. We also provide AEDs, pads and batteries and are able to download events in the instances the AEDs are used. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of the attached Resolution authorizing the City Manager to enter into this agreement with the Schertz - Cibolo- Universal City Independent School District. FISCAL IMPACT The overall impact to the EMS Department is expected to be approximately $20,000 in revenue, which will offset labor costs, fuel, and ambulance supplies /maintenance costs. All other costs (AEDs, pads, batteries, CPR cards, etc.) associated with the ILA will be reimbursed by SCUCISD. RECOMMENDATION The City recommends Council approval of Resolution 17 -R -48 to authorize an interlocal agreement with SCUCISD for EMS services. ATTACHMENTS Resolution 17 -R -48 Exhibit A: ILA with SCUCISD RESOLUTION NO. 17 -R -48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT FOR EMS 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; and WHEREAS, The purpose of interlocal agreements between authorized agencies is to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state including functions normally associated with the routine operation of government, including functions such as public health and welfare including EMS services, personal services, purchasing of supplies and equipment repair; and WHEREAS, the City staff of the City of Schertz has recommended that the City enter into an interlocal agreement with the Schertz - Cibolo- Universal City Independent School District (SCUCISD) for EMS services; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an interlocal agreement with SCUCISD for EMS services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to enter into the Agreement with SCUCISD 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 11th day of July, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Deputy City Secretary, Donna Schmoekel (CITY SEAL) EXHIBIT A ILA with SCUCISD {�a0� INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS, AND SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT This Agreement is made and entered into by the City of Schertz, Texas (hereinafter referred to as "Schertz" and /or "City "), a political subdivision of the State of Texas acting through its City Council, and the Schertz - Cibolo - Universal City Independent School District (hereinafter referred to as "SCUCISD "), a political subdivision of the State of Texas acting through its Board of Trustees (Schertz and SCUCISD collectively referred to as the "Parties ") and in this regard hereto mutually agree and state as follows: WITNESSETH WHEREAS, Chapter 791 of the Texas Government Code, as amended, entitled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, The purpose of interlocal agreements between authorized agencies is to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state including functions normally associated with the routine operation of government, including functions such as public health and welfare including EMS Services, personal services, purchasing of supplies, and equipment repair; WHEREAS, SCUCISD has determined it is in its best interest to enter into an agreement with Schertz to make such services on a non - exclusive basis available to SCUCISD in the City's corporate limits within SCUCISD's jurisdiction and SCUCISD's campuses in Universal City (the "Service Area "), WHEREAS, Schertz has determined it is in the best interest of its community to provide such services to SCUCISD within the Service Area; and WHEREAS, SCUCISD is willing to pay the associated costs for provision of services and supplies as set out herein. NOW THEREFORE, in consideration of the mutual covenants and agreements of the Parties, it is agreed as follows: The Superintendent of SCUCISD and the City Manager of the City of Schertz are hereby authorized and directed to execute on behalf of the Parties to this Agreement. I. 1. Schertz agrees to make available a CPR and First Aid program to teach CPR and First Aid to District staff and students. Schertz EMS will also provide instructional materials for these Interlocal Agreement Page 1 of 6 06.06.17 classes in order to align with the curriculum. Materials will be billed as per the attached fee schedule. 1.1. Schertz EMS will make available an Automated External Defibrillator (AED) program allowing the District to purchase AED's at competitive prices and maintenance of units purchased consisting of replacing the pads /batteries per manufactures' recommended replacement schedule, tracking those expiration dates, tracking any use of a unit and tracking serial numbers and extended warranties. For items purchased from and provided by Schertz EMS, Schertz will also attempt to troubleshoot the AED should any malfunctioning occur. If Schertz EMS cannot resolve the issue, they will work with the manufacturer to arrange servicing of the item. In the event that an AED is used, Schertz EMS will obtain the unit and download any pertinent event information from the unit as needed. 1.2. Schertz EMS will be available to perform medical standby for events held by SCUCISD. These include but are not limited to varsity, junior varsity and junior high football games. Schertz EMS will provide two (2) personnel on each apparatus that is scheduled for a standby. All medical equipment will be provided by Schertz EMS. These standbys will be charged at an hourly rate listed on the attached fee schedule. The time will be rounded up to the nearest quarter of an hour. Schertz EMS will need a minimum of a one week notice prior to the event in order to properly staff the standby. 1.3. Schertz EMS shall also provide on an as needed basis the Hepatitis B Vaccine series to SCUCISD staff that are in need of it. The series consists of three doses of the vaccine. The individual staff member will be responsible for contacting Schertz EMS to schedule their doses of the vaccine. The District shall pay for the vaccine as per the attached fee schedule. 1.4. Schertz EMS may also participate in demonstrations and public relation type events throughout the school year with SCUCISD. These demonstrations may include but are not limited to mock ambulance type calls, showing students and staff our various pieces of equipment or teaching skills to the students and /or staff free of charge. Typical activities /demonstration are included in the fee schedule. 1.5. Schertz EMS will also provide a service to take back any unused or expired medications at the end of the year from the school nurses at no charge. They will dispose of them properly using their biohazard pickup procedures. 1.6. SCUCISD understands and agrees notwithstanding other provisions herein that the City of Schertz employees and Schertz EMS staff shall at all times be deemed officers and employees of the City of Schertz and shall be primarily responsible and answerable to and under the City of Schertz management and leadership. II. 2.1 SCUCISD agrees to pay to Schertz from current revenues available with payment in arears net 30 after receipt of any products or services. The Parties agree at such times as are convenient and necessary to adjust and /or re- compute the fee schedule as herein provided when Interlocal Agreement Page 2 of 6 06.06.17 there exist circumstances and conditions making such adjustments necessary and desirable to accomplish the objectives of this Agreement. 2.2 SCUCISD certifies that all payments due under this Agreement shall be paid out of the then current fiscal year funds. 2.3 All Parties agree that Schertz EMS shall be employed by Schertz and, as such, shall be provided with all salaries and benefits of similarly- situated and classified employees of Schertz. III. 3.1 The Parties agree that the terms and provisions of this Agreement shall commence at 8 a.m. on June 21St, 2017 and shall continue in full force and effect for a three -year period ending on August 31St, 2020 and, subject to agreement on the Consideration by the Parties, shall automatically annually renew for an additional periods of twelve (12) months, unless the Parties hereto shall have previously exercised their right to cancel this Agreement as hereinafter provided. 3.2 This Agreement may be terminated at any time by either Party, with or without cause, upon no less than Sixty (60) days written notice delivered by hand or U.S. Certified Mail to the other Party. No termination will relieve the obligation of SCUCISD to pay Schertz for any amounts due and payable for Services performed hereunder prior to termination. 3.3 This Agreement may be terminated by any Party upon not less than thirty (30) days written notice should another Party fail substantially to perform in accordance with the terms of this Agreement through no fault of the Party initiating the termination. IV. 4.1 This Agreement shall bind and benefit each Party and their legal successors, but shall not otherwise be assignable, in whole or in part, by any Party without first obtaining the written consent of the other Party. 0 5.1.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 5.1.2 The Services provided for herein are governmental functions, and the City and SCUCISD shall be engaged in the conduct of a governmental function while providing and /or performing any Service pursuant to this Agreement. 5.1.3 The relationship of SCUCISD and the City shall, with respect to that part of any Service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. Interlocal Agreement Page 3 of 6 06.06.17 5.1.4 Nothing contained herein shall be deemed or construed by the Parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the Parties hereto. 5.2.1 SCUCISD Insurance or Coverage. The City shall have no liability whatsoever for or with respect to SCUCISD's use of any SCUCISD property or facility, or the actions of, or failure to act by, any employees, subcontractors, agents, or assigns of SCUCISD, and SCUCISD covenants and agrees as follows: 5.2.2 SCUCISD shall be solely responsible, as between SCUCISD and the City and the agents, officers, and employees of the City, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by SCUCISD or its agents, officers, employees, and subcontractors, while on SCUCISD property or while using any SCUCISD facility or performing any function or providing or delivering any service undertaken by SCUCISD pursuant to this Agreement; 5.2.3 For and with respect to SCUCISD property or SCUCISD's use of any SCUCISD facility, SCUCISD hereby contracts, covenants, and agrees to obtain and maintain in full force and effect, during the term of this Agreement, a policy or policies of insurance, or risk pool coverage, in amounts sufficient to insure SCUCISD and its agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission, or failure to act by SCUCISD, its agents, officers, employees, and subcontractors in the course of their duties. 5.3.1 City's Insurance or Coverage. SCUCISD shall have no liability whatsoever for the actions of, or failure to act by, any employees, subcontractors, agents, or assigns of the City, and the City covenants and agrees as follows: 53.2 The City shall be solely responsible, as between the SCUCISD and the City and the agents, officers, and employees of SCUCISD, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by the City or its agents, officers, employees, and subcontractors, while performing any function or providing or delivering any Service undertaken by the City pursuant to this Agreement; 5.3.3 For and with respect to the Services to be provided by the City to SCUCISD pursuant to this Agreement, the City hereby contracts, covenants, and agrees to obtain and maintain in full force and effect, during the term of this Agreement, a policy or policies of insurance, or risk pool coverage, in amounts sufficient to insure the City and its agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission or failure to act by the City, and its agents, officers, employees, and subcontractors in the course of their duties. 5.4 It is specifically agreed that, as between the Parties, each Party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing its liability and potential liability pursuant to this Agreement; each Party hereto reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from the Interlocal Agreement Page 4 of 6 06.06.17 services provided and /or any circumstances arising under this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither Schertz nor SCUCISD shall be held legally liable for any claim or cause of action arising pursuant to, or out of the services provided under, this Agreement except as specifically provided herein or by law. 5.5 No Party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. VI. 6.1 All correspondence and communications concerning this Agreement shall be directed to: Schertz: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager SCUCISD: S chertz-Cibolo- Universal City Independent School District 1060 Elbel Road Schertz, Texas 78154 Attention: Superintendent Notices required hereunder shall be hand - delivered or sent by certified mail, return receipt requested. VII. 7.1 This Agreement inures to the benefit of and obligates only the Parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to it. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. VIII. 8.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect. IX. 9.1 This Agreement is the entire agreement between SCUCISD and Schertz as to the subject matter hereof, and is the sole and only agreement of the Parties and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Interlocal Agreement Page 5 of 6 06.06.17 Agreement may be amended only by written instrument duly approved and executed by the Parties in accordance with the formalities of this Agreement. G! 10.1 The Parties agree this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. The Parties hereto have executed this Agreement this day of --Iu r- , 2017. SCHERTZ - CIBOLO - UNIVERSAL INDEPENDENT SCHOOL DISTRICT I /j4J By: Dr. GreKibson Superintendent of Schools Attested by: ,,- -t � sj'rz�-� I-.:- CITY OF SCHERTZ By: John Kessel, City Manager Attested by: Interlocal Agreement Page 6 of 6 06.06.17 Exhibit A Fee Schedule • CPR Program Fee Schedule Item Fee ASH[ CPR Class (taught by Schertz EMS) $30 /person ASHI First Aid Class (taught by Schertz EMS) $30 /person ASHI CPR /First Aid Class (taught by Schertz EMS) $50 /person ASHI Instructor Class (taught by Schertz EMS) $50 /person AHA BLS Class (taught by Schertz EMS) $40 /person AHA Instructor Class (taught by Schertz EMS) $50 /person ASHI CPR e -cards or paper cards $5.50 /each ASHI First Aid a -cards or paper cards $5.50 /each ASHI CPR & First Aid e -cards or paper cards $10 /each ASHI CPR text book $10 /each ASHI First Aid text book $11 /each ASHI CPR Program Packet (DVD & class material) $150 /each ASHI First Aid Program Packet (DVD & class material) $150 /each ASHI Instructor Update (every 5 years) $40 /each ASHI Instructor Renewal (every 2 years) $20 /each AHA BLS Program Packet (DVD & class material) $125 /each AHA BLS Student Manual $15 /each AHA BLS student a -cards $5 /each AHA BLS student paper cards $6 /each AHA BLS instructor cards $5 /each AHA BLS Instructor Update (every 5 years) $40 /each • AED Program Fee Schedule Item Fee Zoll AED Plus package (AED unit, soft sided case, battery, adult pads, maintenance and protocol thru Schertz EMS) $1,350 /each AED Alarmed Metal Cabinet $150 /each AED Adult Pads (Zoll) $155 /each AED Pediatric Pads (Zoll) $95 /each AED Replacement Batteries (Zoll) $45 /each AED Maintenance (for units not purchased thru Schertz EMS) $25 /unit /year • Standby Program These standbys will be charged at an hourly rate listed on the fee schedule below. The time will be rounded up to the nearest quarter of an hour. Schertz EMS will need a minimum of a one week notice prior to the event in order to properly staff the standby. Fee Schedule Item Fee Ambulance Standby $125 /hour Gator Standby $95 /hour • Vaccination Program Fee Schedule Item I Fee Hepatitis B Vaccine Series (includes 3 doses) I $140 /each • Demonstrations /PR Events Listed below are some of the activities that we have participated in in the past. Fee Schedule Item Fee Health Fairs /Careers on Wheels No charge EMS Week school visits (all elementary schools minimum) No charge Law Enforcement class demonstrations No charge Health Science class demonstrations No charge Shattered Dreams No charge • Medication Takeback Schertz EMS will take back any unused or expired medications at the end of the year from the school nurses at no charge. We will dispose of them properly using our biohazard pickup. SCHERTZ- CIBOLO- UNIVERSAL CITY ISD BOARD MEETING To: Board of Trustees Meeting Date: June 20, 2017 Discussion Date: May 16, 2017 Subject: Interlocal,Agreement with..the:City_of Schertz for EMS Contract Services Category: Consent Item From: Matt Rivera Alignment to Strate ig c Plan: P3: Effective and Efficient District and Campus Operations Relevance to Board Policy (if applicable): Policy CH (LEGAL) – PURCHASING AND ACQUISITION /INTERLOCAL AGREEMENTS: To increase efficiency and effectiveness, a district may contract or agree with other local governments.—An interlocal contract must be authorized by a board and the governing body of each contracting party; ... http: / /pol.tasb.org/Policy /Code /551 ?filter--CH Background Information: Schertz EMS has provided various services to our school district for many years. In reviewing the services, we determined together to formalize these services and the consideration for them through an Interlocal Agreement as permitted under Texas Government Code §791.001. Schertz EMS can provide services and supplies such as CPR/First Aid Classes in support of District operations including: campus nurses, transportation and maintenance departments, special education teachers and coaches. They can also provide standby services at varsity and junior varsity games, medication takeback (disposal program), Health Fairs /Careers on Wheels events, EMS week school visits (all elementary schools), demonstrations for Law Enforcement and Health Science Tech classes, and supply American Safety & Health Institute items such as cards, books, class materials, and other value added services to the District. Administrative Considerations/Fiscal Impact: The Distriet looks for the best value when considering sources, including those from board approved normally funded through the general operating fund. Consent Item - Recommended Motion: I move the Board of Trustees approve the Resolution for the Interlocal Agreement with the City of Schertz for Schertz EMS contracted products and services as provided for under Texas Government Code §791.001. .N Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -S -23 — Conduct a public hearing and consideration and /or action to rezone approximately 12 acres of land (Autumn Winds Living & Rehabilitation) from Apartment / Multi- Family Residential (R -4) to Planned Development District (PDD) located at 3301 FM 3009, Schertz TX. (First Reading) BACKGROUND The applicant is proposing to rezone approximately 12 acres of land generally located at the intersection of FM 3009 and Ashley Oak Drive, from Apartment / Multi- Family Residential District (R -4) to Planned Development District (PDD) to allow for an expansion to the existing Assisted Care or Living Facility. The PDD will be in conformance with the base zoning of R -4 with modifications to the allowed land uses and the screening and fence requirements. The subject property consists of the existing Autumn Winds Living & Rehabilitation Center, an assisted care / living facility, located at 3301 FM 3009 and the adjacent approximately 4 acres of undeveloped land. The public hearing notice was published in the San Antonio Express News on June 21, 2017. Sixty five (65) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on June 2, 2017, prior to the Planning & Zoning Commission meeting that took place on June 14, 2017. At the time of this report, Staff has received four (4) responses in favor, two (2) response opposed, and one (1) response neutral to the request. The following two residents spoke at the June 14, 2017 Planning & Zoning Commission Public Hearing: • Chris Domangue- 2824 Berry Park • Commented that he lives behind Autumn Winds and that he likes the plan. • Commented that he was concerned with drainage on site and wants to ensure that drainage is accounted for on the site. City Council Memorandum Page 2 • Thomas Tidwell- 2805 Ashley Oak Dr. • Commented that he was concerned with cars parked on Ashley Oak Dr. and asked if the facility expansion would provide enough off street parking to eliminate the on street parking on Ashley Oak Dr. • Commented that the expansion plan for the nursing home is fine. Goal The proposed rezone is for approximately 12 acres of land from Apartment / Multi- Family Residential District (R4) to Planned Development District (PDD). The goal in this proposed rezone is to allow for an assisted care / living facility land use. 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. Summary of Recommended Action The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan designates the subject property as Single - Family Residential. The objectives for Single Family Residential is for areas to be utilized as a traditional neighborhood design and to also include a mix of residential uses as well as limited commercial development to support the daily activities of the development. • Comprehensive Land Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive Plan. Specifically, the proposed rezoning to PDD with a base zoning of Apartment / Multi- Family Residential District (R -4) provides the mix of residential uses that the Comprehensive Plan describes. • 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 should have a 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 generally surrounded by single family land uses. It is staff's opinion the requested rezone is compatible with surrounding properties. The applicant is requesting to rezone the property from Apartment / Multi- Family Residential (R -4) to Planned Development District (PDD). The PDD will be in conformance with the base zoning of R -4 with modifications to the allowed land uses and the screening and fence requirements. City Council Memorandum Page 3 The proposed Planned Development District (PDD) will be subject to the following zoning standards: The property within the Autumn Winds Living & Rehabilitation PDD will develop in accordance with the current Apartment /Multi - Family Residential District (R -4) zoning as specified in the Unified Development Code (UDC) as amended and with the following modifications: Zoning Districts (Article 5) Permitted Use Table - 21.5.8 The permitted use table shall be modified to permit the "Assisted Care or Living Facility" land use in this PDD. Site Design Standards (Article 9) Screening & Fencing - 21.9.8 (B)(3) If the land use "Assisted Care of Living Facility" is being developed the owner / developer may provide a 50 foot wide landscape buffer and building setback along all property lines adjacent to single family residential districts. Within this 50 foot wide landscape buffer a planting ratio of no less than one (1) shade tree every 20 linear feet and fifteen (15) shrubs every 50 linear feet will be provided. This extended buffer and additional planting is an alternative to constructing an 8 ft. high masonry wall as required by UDC Section 21.9.8.B.3. The proposal to rezone the property from the current Apartment / Multi- Family Residential District to Planned Development District (PDD), to allow for the assisted care / living facility land use is appropriate. The current land use on the property is a living and rehabilitation center. The current zoning of Apartment / Multi- Family Residential (R -4) makes this land use a legal non - conforming due to the land use assisted care / living facility not being permitted in R -4. In order for the existing business to expand, the property must be rezoned. Currently, an assisted care / living facility is only allowed by right in the General Business and General Business -2 zoning districts. It is the opinion of staff that rather than proposing a rezone to General Business in order to allow for the assisted care / living facility land use it is more appropriate, due to the adjacent residential, to remain with the limitations of the R -4 zoning but to modify the permitted land uses to allow for the assisted care or living facility. With the R -4 base zoning and the land use modification, only the following land uses would be allowed by right: Assisted Care or Living Facility, Family or Group Home, Gated Community, Golf Course / County Club, Multi - Family Apartment Dwelling, Municipal Uses, One - Family Dwelling attached and detached, Park or Public use, School, and a Two - Family Dwelling. The applicant has requested a change to Article 9 section 21.9.8.B.3 Fences adjacent to Residential Property requirements. The current requirement is for the applicant to provide a masonry screening wall a minimum of 8' in height to separate the non - residential / multi - family use from the adjacent single - family residential. Additionally, the applicant would be required to provide a 20' wide landscape buffer along the property lines that are adjacent to single - family residential. Within this buffer there is a minimum requirement to plant 1 shade tree every 30 linear feet and a minimum of 10 shrubs per 50 linear feet. In order to protect numerous trees City Council Memorandum Page 4 located along the property line the applicant is requesting to provide a 50' wide landscape buffer and provide a planting ratio of 1 shade tree per 20 linear feet and 15 shrubs every 50 linear feet. It is the opinion of staff that the additional 30' of landscape buffer and the additional plantings at this site will provide a comparable buffer to the UDC requirement. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on June 14, 2017 and offered a recommendation of approval by a unanimous vote. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Planned Development District is the most appropriate zoning district for this property. Staff recommends approval of the proposed rezoning as submitted. ATTACHMENT Ordinance No. 17 -S -23 ORDINANCE NO. 17 -S -23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 12 ACRES OF LAND FROM APARTMENT / MULTI - FAMILY RESIDENTIAL, (R -4) TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, an application to rezone approximately 12 acres of land generally located at the intersection of FM 3009 and Ashley Oak Dr. and more specifically described in the Exhibit A and Exhibit B attached herein (the "Property "); 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 zone change (the "Criteria "); and WHEREAS, on June 14, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation of approval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on July 11, 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, is hereby zoned Planned Development District (PDD). Section 2. The Property shall be developed in general conformance with the development plan attached as Exhibit B and the Development Standards attached as Exhibit C. Section 3. 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 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 11th day of July, 2017. PASSED, APPROVED AND ADOPTED on final reading the 25th day of July, 2017. Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (SEAL OF THE CITY) Exhibit A "The Property" MELD NOTES FOR AN 11A07 ACRE TRACT aw St, RVEYIN6 An 11.0117 acre tract of land, situated in tins City of Schcm, nut of the Tonibio Herrera �uruay No. 66, Abstract NO, 153. Guadalupe- County, Texas, and being all of a called 11.042 acre unct aif land as cunveye d to OHI Asset (TX) &hertz. LU% A Delaware Limited Company Doc,2815024640 -of the Official Public Records of Guadalupe County, Texas. Said 11.007 acre tract being more particularly describer) by metes and botumds as fat Cows: BEG]NNENG at a point with the intersection of the southeast right -cf -way line of Ashley Oaks Drive, a variable width right -of -way, as shown on the Ashley Place, Unit 4 Subdivision Plat of record in Volume 5 Page 373A of the Plat Records ufCivadalupe County, Texas and the nurthwe94 right -of way line of F. M. 3409, a variable, width right - of -way, fortha nartb comer of the 1 1.002 &= tract and the tract described herein; THENCE: A1®ng and with the northeast Line of 1W 11.042 acre tract Hnd the sourhwest right- of -way litre ol" F.M- M09, the following two (2) courses, 1. S 30" 05.21" E, a distance of 378.56 feet to a found " 1ron rod for° an exterior cortmur of the tract described herein, and 2. S 17° 12' 29 " E, a distance of 109.51 Peet to a found W iruc rod for the north corner of Lot 83, Block 3 of the Berry Creek, uait 2 Subdivision Plat of r cord in Volume 6 Pagt 28 of the Plat Records of Guadalupe County, Texas aad also being that same tract of land conveyed to Nee City of 5chertz a rccnrd in Volume 1 624 Pa8c 748 of the Official Public Revi3rds of Guadalupe County, Texas, for the east corner of said 11.442. acre tract and the tract described herein; TM ENCE. S S' 42' ' W, departing the southwest right- aaf•way line of F.M. 300+1 and along and with the northwest tine of said 131ock I and she squthcagt lino of the 11.002 acre tract„ a distance of 90 92 feet to a W, iron rod fW the 6U1 earner of Lot 62 and the north comer of Lot 63r both of said Black 3r for the southwest comer of the 11.042 acre tract and the. Exact deserlbed herein; TPENC& N 29' 42' 06" W, along and wish the northeast line of said Block 3, this northeast litre of Block 12 of said Ashley Place Unit 4 Subdivision and the southwest line of die I 1 -1102 acre tract, a distance of 492.92 feet to a paint fur the northeast corner of said Block 12, for the west corner of said 11-.002 aore tract anti the tract described hbrei a; THENCE, N 59' 10' SO" 8,, along and with the southeast right-of-way Line of Ashley Oak Drive attd the twribwest lirtC of the 1 1.17112 Wrff tract, s disraa5ee of 981.87 lntt to the POINT OF BECUQNING and containing 11.1507 acres, more or Less, in the City of Uhertx, Guadalupe County, Texas and being described in areordance with an exhibit prepffed by KFW Surveying. Bearings are based on NAD83 (201 m) Texas State Plane 'South Central pane. 4204, DistarK= recited herein ate surface distances using an average combined scale factor of 0.99983883422. `This document wa_5 prcp=d under =AC463.21, does not trilcet the: resu4tt; of an on the ground survey, and i.s not to be used to convey or establish interests in real property except Owse rights and interests implied or established by the cfeation or recnrtFguratiott of the boundary of the political subdivision for which it was prepared:' Job ldrx; 14.159 Prepared try: KFW Surveying Date: MARCE 13, 2417 File: &%Dvaw'201M16 -159 AUTUMN N WfN'W5 DOCSTN 1J.006 rpeAi or Exhibit B "The Property" Exhibit C "The Development Standards" Autumn Winds living & Rehabilitation Planned Development District (PDD) General Autumn Winds Living & Rehabilitation is an existing 24,760 square foot skilled nursing facility (SNF), or nursing home, as stated on the rezoning application. It is owned by Omega Healthcare and operated by Trinity Healthcare. The facility, located in a predominantly residential neighborhood, sits on 11 acres of heavily vegetated land at the intersection of Ashley Oak Dr. and Roy Richard Dr. (FM 3009). The front of the building, which faces Roy Richard Dr., is set back approximately 310 ft. from the road while the side of the building is located approximately 77 ft. from ,Ashley Oak Dr. Autumn Winds is proposing an expansion of approximately 22,316 square feet that would accommodate 30 private resident rooms, administration offices and a state -of -the -art physical and occupational therapy facility. The expansion is to be located behind the existing SNF and is proposed to house the new entrance into the facility, making Ashley Oak Dr. the main arterial onto the property. The expansion will not be built in phases, but all at once. The property within the Autumn Winds Living & Rehabilitation PDD will develop in accordance with the current Apartment /Multi - Family Residential District (R -4) zoning as specified in the Unified Development Code (UDC) as amended and with the following modifications: ll. Zoning Districts (Article 5) Permitted Use Table - 21.5.8 The permitted use table shall be modified to permit the "Assisted Care or Living Facility" land use in this PDD.. llf. Site Design Standards (Article 9) Screening & Fencing - 21.5.8 (13)(3) If the land use "Assisted Care of Living Facility" is being developed, the owner /developer may provide a 50 foot wide landscape buffer and building setback along all property lines adjacentto single family residential districts. Within this 50 foot wide landscape buffer a planting ratio of no less than one (1) shade tree every 20 linear feet and fifteen (15) shrubs every 50 linear feet will be provided. This extended buffer and additional planting is an alternative to constructing an 6 ft. high masonry wall as required by UDC Section 21.9.6.B.3. Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -A -25 — Consideration and/or action approving an ordinance confirming and approving a boundary agreement establishing the municipal boundary between the City of Schertz and the City of Cibolo for property located within the Homestead development (First Reading) BACKGROUND The Homestead master plan (previously known as Nortex Farms) was originally approved on June 17, 2014 as part of the adoption of the Planned Development District (PDD). This master planned development covers approximately 667 acres, with approximately 433 acres being in Schertz and 234 acres in Cibolo. A future collector roadway that is oriented east /west is to be located near the current boundary between the two cities. The staff from both cities and the developer agree that adjusting the boundary between the two cities to follow the proposed road will be beneficial to both cities as it will serve to clearly mark the city limits, identify roadway maintenance responsibilities, and keep areas in Homestead from being split between the cities. Goal The goal of this boundary agreement is to adjust the city limits between the City of Schertz and the City of Cibolo to follow the east west collector road that is planned in the Homestead Master Development Plan. 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. This boundary adjustment will provide for clear delineation of roadway ownership and maintenance responsibilities and will provide a logical city limit line. City Council Memorandum Page 2 Summary of Recommended Action Approval of Ordinance 17 -A -25 adjusting the boundary in this area so that the city limits will follow the outside edges of the street right -of -way as shown in the attached exhibit. Schertz would be transferring approximately 1.093 acres of land to Cibolo and Cibolo would be transferring approximately 9.432 acres of land to Schertz. There are no planned developable lots being transferred in this agreement. The areas being transferred out of Schertz into Cibolo are shown on the master plan to be right -of -way. The areas being transferred out of Cibolo into Schertz are shown on the master plan to be right -of -way, private park/open space, and a narrow frontage portion of the townhome section of the Homestead development. The boundary agreement would place the roadway section east of the round -a -bout in Schertz' city limits and the city would be responsible for future maintenance of the road. The rounda- bout and roadway section to the west would be in Cibolo's city limits. The split section ownership of the roadway provides for clear ownership of the roadway and allows each city to bear part of the responsibility for future roadway maintenance. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of ordinance no. 17 -A -25. ATTACHMENT City Limit Transfer Exhibit Ordinance No. 17 -A -25 ORDINANCE NO. 17 -A -25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ CONFIRMING AND APPROVING A BOUNDARY AGREEMENT ESTABLISHING THE MUNICIPAL BOUNDARY BETWEEN THE CITY OF SCHERTZ AND THE CITY OF CIBOLO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz and City of Cibolo (collectively referred to as the "Cities ") are neighboring and adjacent home rule municipalities that are empowered to establish and expand their corporate boundaries through annexation; and WHEREAS, the Cities share common corporate boundaries, and such commonality shall increase as a result of future annexations by both Cities; and WHEREAS, the Cities, by virtue of their inherent authority as home rule municipalities, and state statutes, including Texas Local Government Code Section 43.031, may agree on the Cities mutual boundaries; provided that such agreement does not change either City's existing boundaries of any area by more than 1000 feet; and WHEREAS, in particular, the City Charter of the City of Schertz, Sections 1.02 (a) and (b) authorizes City Council, by ordinance, to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of the City in any manner provided by law; and, to extend the City's extraterritorial jurisdiction boundaries in such manner as provided by state law; provided that a map depicting such changes is maintained by the City Secretary and the City Manager in a public place; and WHEREAS, in accordance with such authority the Cities seek to avoid conflicts and uncertainty relative to the extent and location of their respective corporate boundaries; and the potential for litigation involving the same; and WHEREAS, the Cities, desire to approve, a municipal boundary clarification agreement which is attached and incorporated herein as Exhibit "A" (hereafter referred to as the "Boundary Agreement "); and, which confirms and adjusts the Cities boundaries as authorized by this Ordinance and a similar ordinance passed by Cibolo; and WHEREAS, the developer of the Homestead Subdivision, as owner of the real property affected by the boundary adjustment reflected in the Boundary Agreement, has requested the boundary adjustment and has agreed to pay any recordation fees incurred by the City to accomplish the requested boundary adjustment; and Page 1 WHEREAS, the Cities find and determine it necessary for the health, safety and welfare of their residents to confirm boundaries and make certain agreements and adjustments regarding their respective corporate boundaries. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The legislative findings set out above, are hereby adopted and incorporated herein for all purposes. SECTION 2. The Boundary Agreement attached hereto as Exhibit "A" is hereby approved and fully incorporated in this Ordinance. The City Manager is hereby authorized to execute an agreement in substantive form as Exhibit "A ", and such other documents that are reasonably necessary to facilitate the purpose of this Ordinance. SECTION 3. The City Manager is hereby authorized and directed to have the official map of the City's corporate limits revised to reflect the revisions authorize under the Boundary Agreement; provide all required notifications, of the changes to the corporate limits made effective by this ordinance, to appropriate state and county officials; and take such other necessary and proper action, in accordance with the laws of this state and the City Charter to memorialize the revision to the City of Schertz's corporate boundaries as established by the Boundary Agreement. Approved on first reading the 11th day of July, 2017. PASSED, APPROVED AND ADOPTED on final reading the 25th day of July, 2017. ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Michael R. Carpenter, Mayor Page 2 EXHIBIT "A" TO ORDINANCE THE "CIBOLO /SCHERTZ MUNICIPAL BOUNDARY AGREEMENT" Page 3 STATE OF TEXAS § COUNTY OF GUADALUPE § CITIES OF CIBOLO AND SCHERTZ MUNICIPAL BOUNDARY AGREEMENT This MUNICIPAL BOUNDARY AGREEMENT ( "Agreement "), dated , 2017 ( "Effective Date "), made by and between the CITY OF CIBOLO, a Texas home rule municipality with corporate boundaries extending within Guadalupe County, Texas ("Cibolo"), and the CITY OF SCHERTZ, a Texas home rule municipality with corporate boundaries extending within Bexar, Comal and Guadalupe Counties, Texas ( "Schertz "). Whereas, Texas Government Code Section 43.031 authorizes adjacent municipalities to mutually agree to change their boundaries of areas that are less than 1000 feet in width; Whereas, the developer of the Homestead Subdivision (hereinafter "requestor ") has requested the boundary adjustment described in this Agreement; and Whereas, the requestor is the owner of all of the real property that is the subject to the boundary adjustment, and has confirmed its commitment to pay any recordation costs required to memorialize the boundary adjustment; and Whereas, the Cibolo City Council approved this agreement and authorized its execution by the passage of Ordinance No. , on , 2017; and Whereas, the Schertz City Council approved this agreement and authorized its execution by the passage of Ordinance No. , on , 2017. NOW THEREFORE FOR GOOD AND VALUABLE CONSIDERATION the sufficiency and receipt which is confessed by Cibolo and Schertz, (collectively the "Cities ") said Cities do hereby agree as follows: SECTION 1. Boundary changes authorized. The change of boundaries between Schertz and Cibolo applies to the land described by field notes designated as Tract I/Exhibit "A "; Tract 2/Exhibit `B "; Tract 3 /Exhibit "C "; and Tract 4 /Exhibit "D" as follows: (a) From Schertz to Cibolo. (i) Tract 1. As described in Exhibit "A ", Tract 1, a 1.014 acre tract, is transferred from the City of Schertz corporate limits to the City of Cibolo corporate limits. (ii) Tract 3. As described in Exhibit "C ", Tract 3, a 0.0790 acre tract, is transferred from the City of Schertz corporate limits to the City of Cibolo corporate limits. (b) From Cibolo to Schertz. CITIES OF CIBOLO AND SCHERTZ MUNICIPAL BOUNDARY AGREEMENT Page 1 of 5 (i) Tract 2. As described in Exhibit "B ", Tract 2, a 0.1900 acre tract, is transferred from the City of Cibolo's corporate limits to the City of Schertz corporate limits. (ii) Tract 4. As described in Exhibit "D ", Tract 4, a 9.242 acre tract, is transferred from the City of Cibolo's corporate limits to the City of Schertz corporate limits. SECTION 2. Boundary Agreement Clarification Map Approve. The Boundary Agreement Clarification Map attached hereto as Exhibit "E is hereby approved by the Cities and acknowledged to be a legal and binding document depicting the municipal corporate limits changes between the City of Cibolo and City of Schertz, as authorized under Section 1, hereto. SECTION 3. Amendment to Cities Corporate and Extraterritorial Maps. Within sixty days of the Effective Date of this Agreement the City of Cibolo and City of Schertz shall take such actions as shall be reasonably necessary to amend and revise their respective official maps, and other related documentation to reflect the boundary between the Cities established by the Boundary Agreement Clarification Map. SECTION 4. Mutual Cooperation. The Cities shall mutually cooperate, to the extent reasonably necessary, to: (a) notify appropriate state and county officials, including but not limited to the Guadalupe County Clerk and Tax Appraiser, of any change in corporate boundary caused by the adoption of the Boundary Agreement Clarification Map; (b) cause this Agreement to be recorded in the Public Records of Guadalupe County, Texas and split those recordation costs not paid by the requestor, evenly; (c) coordinate with such real property owners whose property may be effected by the adoption of the Boundary Agreement Clarification Map. SECTION 5. Term. This Agreement, and the Boundary Agreement Clarification Map, shall remain in full force and effect until such time that it is amended or rescinded by the mutual agreement of the Cities, as evidenced by the passage of an Ordinance by the Cities respective Counsels. SECTION 5. Severability of Provisions. If any clause or provision of this Agreement is held invalid, illegal or unenforceable under present or future federal, state or local laws, then and in that event it is the intention of the Cities that such invalidity, illegality or unenforceability shall not affect any other clause or provision CITIES OF CIBOLO AND SCHERTZ MUNICIPAL BOUNDARY AGREEMENT Page 2 of 5 hereof and that the remainder of this Agreement shall be construed as if such invalid, illegal or unenforceable clause or provision was never contained herein. SECTION 6. Entire Agreement This Agreement constitutes the final and entire Agreement between the parties hereto and contains all of the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties hereto unless same be in writing, dated subsequent to the date hereof, and duly executed by the parties. SECTION 7. Captions and Exhibits. The captions contained in this Agreement are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this Agreement. All Exhibits to this Agreement are incorporated by reference herein for all purposes and include the following: (a) Exhibit "A ", field notes of Tract 1, a 1.014 acre tract. (b) Exhibit "B ", field notes of Tract 2, a 0.1900 acre tract. (c) Exhibit "C ", field notes of Tract 3, a 0.0790 acre tract. (d) Exhibit "D ", field notes of Tract 4, a 9.242 acre tract. (e) Exhibit "E" the boundary clarification map. SECTION 8. MULTIPLE ORIGINALS This Agreement may be executed in multiple originals. The Cities agree that it is not necessary for each or every party to execute the same physical document. This Agreement binds Cibolo and Schertz upon execution by an authorized representative of Cibolo and of Schertz. (The remainder of this page intentionally remains blank and the signature page follows.) CITIES OF CIBOLO AND SCHERTZ MUNICIPAL BOUNDARY AGREEMENT Page 3 of 5 EXECUTED in duplicate originals to be effective as of the date set forth above. CITY OF CIBOLO Robert Herrera, City Manager ATTEST: Peggy Cimics, City Secretary State of Texas County of Guadalupe This instrument was acknowledged before me on the day of , 2017 by Robert Herrera, City Manager of the City of Cibolo, a Texas home rule municipal corporation, on behalf of said municipality. (Personalized Seal) Notary Public's Signature CITIES OF CIBOLO AND SCHERTZ MUNICIPAL BOUNDARY AGREEMENT Page 4 of 5 EXECUTED in duplicate originals to be effective as of the date set forth above. CITY OF SCHERTZ John Kessel, City Manager State of Texas County of Guadalupe This instrument was acknowledged before me on the day of , 2017 by John Kessel, City Manager of the City of Schertz, a Texas home rule municipal corporation, on behalf of said municipality. (Personalized Seal) Notary Public's Signature CITIES OF CIBOLO AND SCHERTZ MUNICIPAL BOUNDARY AGREEMENT Page 5 of 5 EXHIBIT "A ", TO THE BOUNDARY AGREEMENT (field notes of Tract 1, a 1.014 acre tract) FIELD NOTES FOR A 1.014 ACRES - TRACT 1 I*V SURVEYING A 1.014 acre tract of land, being out of the Pedro San Miguel Survey No. 256, Abstract 227 of Guadalupe County and a 522.18 acre tract of land conveyed to ILF N -T Owner, LP of record in Document Number 201406044206, Official Public Records of Coma] County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found Yz" iron rod for the southeast corner of a 18.751 acre tract conveyed to Lee Novikoff of record in Volume 1693 Page 120 of the Official Public Records of Guadalupe County, Texas, an interior corner of the 522.18 acre tract and an angle point of the ostensible location of the City Limits Line of the City of Schert~i and the City of Cibolo ETJ line, for the southwest corner of the tract described herein, from which a set %" iron rod with blue plastic cap stamped "KFW Surveying" bears S 59 °15'15" W, a distance of 459.15 feet along an with the south line of the 18.751 acre tract, the north line of the 522.18 acre tract for an angle point and continues S 59 °18'30" W, a distance of 78.51 feet to a set lh" iron rod with blue plastic cap stamped "KFW Surveying" for the northeast corner of a 95.861 acre tract of land conveyed to Archie H. Heimer of record in Volume 743 Page 1173 of the Official Public Records of Guadalupe County, Texas, for the southwest corner of a west 0.1928 of an acre tract of land conveyed to Roma Holz of record in Volume 614, Page 696 of the Official Public Records of Guadalupe County, Texas, a southerly southeast corner of a 18.751 acre tract of land and a northwest corner of the 522.18 acre tract; THENCE: N 30° 20' 29" W, along and with the northeast line of the 18.751 acre tract of land and the southwest line of the 522.18 acre tract, a distance of 70.00 feet to a set iii" iron rod with blue plastic cap stamped "KFW Surveying", for the northwest corner of the tract described herein, from which a found %" iron rod with a plastic cap stamped "CEC" for an easterly corner of the 18.751 acre tract of land and an interior corner of the tract of land described herein bears N 30° 20'29" W, a distance of 250.81 feet; THENCE: into and across said 522.18 acre tract, the following five (5) courses: 1. N 59 °15'15" E, a distance of 352.52 feet to a set li" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of curvature to the left of the tract described herein, With a curve to the left having an arc length of 269.83 feet, a radius of 940.00 feet, a delta angle of 16 °26'50" and a chord bears, N 51° 01' SO" E, a distance of 268.91 feet to a set %" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of tangency of the tract described herein, 3. N 42 °48'25" E, a distance of 361.64 feet to a set%" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of curvature to the right of the tract described herein, 4. With a curve to the right having an arc length of 392.65 feet, a radius of 735.00 feet, a delta angle of 30 °36'30" and a chord bears, N 580 06'40" E, a distance of 388.00 feet to a set Y2" iron rod with blue plastic cap stamped "KFW Surveying" in the ostensible location of the City Limits Line, for a northeast corner of the tract described herein, and 5. S 50 °04'57" W, along and with the City Limits Line, a distance of 1371.45 feet to the POINT OF BEGINNING, and containing 1.014 acres, or 44,165 square feet more or less, in the City of Schertz, Guadalupe County, Texas and being described in accordance with an exhibit prepared by KFW Surveying. Bearings are based on NAD83 Texas South Central Zone. Distances recited herein are surface distances using an average combined factor of 0.99984334488. Job No.: 17 -025 Prepared by: KFW Surveying Date: May 19, 2017 File: S: \Draw 2017 \17 -025 Homestead Ph2 (Nortex) \DOCS\ FN- 1.014AC i NOTES i.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. Z NO TILE COMMITMENT PROVIDED AT TIME OF SURVEY 3, REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SCALED FROM FEW FLOOD MAP 230 OF 460, COMMUNITY PANEL NO. 40187CO230F, DATED NOVEMBER Z 2007. 4. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ, CITY OF C1BOLO AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. 5. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. 6. SET IRON PINS ARE 12' DIAMETER REBAR WITH A BLUE CAP STAMPED %FW SURVEYING'. 7. ADJOINERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS. I THE LINKS AT SCENIC HILLS, UA (VOL 7PG. 64f TRACT 2 0.1900 OF AN ACRE TRACT (8,275 SQ. FT.) SCALE: 1 " =500' 0' 500' %?%?%6666 1000' SYMBOL LEGEND 0 FIR FOUND 12' IRON ROD OR AS NOTED Q .SIR SET 12' IRON ROD WITH A BLUE CAP STAMPED 'KFW SURVEYING' 0.7A MELVIN W. 6 RUBYF. SCHWAB (VOL 1413 PG. 497) TRACT 3 0.0790 OF AN rACRE TRACT (3,441 SQ. FT.) LOCATION MAP NOT -TO -SCALE MELVIN W. & RUBY F. SCHWAB (VOL 1413 PG. 497) 18751 ACRES CITY OF 5''' ,• -• OS I tl -- -- LEE NOVIKOFF FIR LEC (VOL 1693 PG. 120) sa•mww TRACT 4 resr +� or clBO LO FYJ 9.242 ACRE TRACT 560 y MAIr clTV (402, 590 SQ. FT.) TRACT 1 P.O... (rlucTl) 1,014 ACRE TRACT - 0.1926 OF AN ACRE P.O.C. (TRACT 2) P.O.C. (TRACT3) (44,165 SQ_ FT.) 14.346 ACRES ROMA HOLZ ? i P.O.C. MRACT4) GERALDINE H. KIERUM OL 614 PG. 698) _:: (VOL 643 PG. 450) _ g'! 52ZISACRE TRACT ` RF N -T OWNER, LP (DOC. 201406044206) - R..SAIN h;iL;ti! L SU;IfEYNO, 256 w _ ADSTRACT227 clic. t �Uy 5 23.3285 ACRES 18.17ACRES MU T NG ._ JUSTICEMcCALLEY TEOFILO& VA AND MARY H. MARIA ORTIZ i McCALLEY (VOL 843 PM 898) (VOL P .373) j (VOL 1406, PG. 742) u' I•wvcaua,uxrs xca�xowa n�sanm.Ft roaxut 5 I PET.lMD ux t1E uRPCim m f })N IIX+SlGx00FRYQ�£SYd1.4 IN A.LMI 1 It,m rnnK» cmcte noc.1 xwre+awmA uv+r. nrm+n ip WpNE 11]a94d»f; fAClIFiJWn RO.W.) 5672 � SuR A 1.014 ACRE TRACT BEING CAL1ED TRACT 1 A 0.1900 OF AN ACRE TRACT 8E7NG CALLED TRACT Z A 0.0790 OF AN ACRE TRACT BEING CALLED TRACT 3 A 9.242 ACRE TRACT BEING CALLED TRACT 4 3 � o �y �3 tai Q, �m STATE OF TEXAS: COUNTY OF BEXAR: I ERESA A. SEIDEL, DO HEREBY CERTIFY THAT THIS O NDARY SURVEY WAS PREP FROM AN A _ VEY tut DEO I E GROUND BY PERSONS GISTERED PROFESSIONAL LAND SURVEYOR NO. E AIL:TSEIDEL @KFWENGINEERS.COM D TE OF SURVEY: 05/25/2017 PROJECT NO.: 17 -025 SHEET �3 S S 7 a 14 1 NOTES 1.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTHAMERICAN DATUM (NAD) OF 1983. 2. NO TITLE COMMITMENT PROVIDED AT TIME OF SURVEY 3. REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SCALED FROM FEMA FLOOD MAP 230 OF 480, COMMUNITY PANEL NO. 48187CO230F, DATED NOVEMBER 2, 2007, 4. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERT2, CITY OF CIBOLO AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. • METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. • SETIRON PINS ARE 1/2' DIAMETER REBAR WITH A BLUE CAP STAMPED "XFW SURVEYING'. 7. ADJOINERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS. FacE TRACT 1 16.751 ACRES 1.014 ACRE TRACT LEE NOVIKOFF (44,165 SQ. FT.) (VOL 1693 PG. 120) N � N59° 15' 15 "E z 352.52' C1 30° 20'29"W 04 __ TRACT 2 0.1900 OF AN ACRE TRACT (8,275 SQ. FT.) P.O .B. P.O.C. R •[ ,311!6 5� SE FM SCALE: i" =100' 0' 100' P.O.B. (TRACT 1) 52218 ACRE TRACT ILF N-T OWNER, LP (DOC. 201406044206) "i v91( =i.ia. Sf:RVL Y x(';.25(; ? 22 0. 278.75 Curve Tabla CUNa # LENGTH! RADIUS F DELTA CHORD BRG CHORD DIST C1 . ....... 269.83' ...._ ............._.._ i 940.00' 016'20'50' N51.01'50'E 1 268,91' C2 .�.......... 39285' 735.00' 030'36'30' .._._... N58- 06'40 "E' .... _ ...... _ ... ................. .. 388.00' C3 I 36.77' 63.01' ................ 033'28'02' ........._..._........._.-'-"-- S28'33'48'W 1 36.25' 04 ............. 124.20' -.__. 155.00' 045'54'32' S23'0338'W 120.90' ' C5 46.70' 735.00' 003.3826' S75.14'08'W 46.70' CB 21.51' 63.01' 019'33'18' NO2'04'08'E 21.40' - TE'1WW—AU ,, TX RI61 ol**" SYMBOLLEGEND j FIR FOUND 1/2' IRON ROD OR AS NOTED 0 SIR SET 1/1• IRON ROD WITH BLUE CAP STAMPED "KFW SURVEYING" LOCATION MAP NOT -TO -SCALE I 1! N42 °48'25 "E 361.64' C2 522.18ACRE TRACT S50 °04'57 "W ILF N -T OWNER, LP 1371.45' (DOC. 201406044208) 7..3AN 1,•NL?sJfd . .3V�yNo. ,,: 6 BS,';-7,9::!7, 227 TRACT 3 STATE OF TEXAS: 0.0790 OF AN COUNTY OF BEXAR: ACRE TRACT I, TERESA A. SEIDEL, DO HEREBY CERTIFY THAT (3,441 SQ. FT.) THIS OUNDARY SURVEY WAS PREPARE FROMAN ' A, SE{DL N75' 20' 227E N15" 11' 50 "W SR 100.16' 39.95' s ::o•, ;;�!*' :=;:' C6 . __. . (OP-O.C. .Px. N50 .a61'E ,65a.ffi % Nt S14° 22' 51'E 10.49' P.O.S. E AIL;TSEIOEL�KFWENGINEERS.COM S50" 04' 57 'W 52ZIBACRETRACT 117.08' ILF N -T OWNER, LP (DOC. 201406044206) SCALE: 1" =100' P. "' N'?IGUELSuRV?_YN10.:'.. 0' 100' 1 EsTRAG,i':J7 t d e 200' ' > STATE OF TEXAS: 9 COUNTY OF BEXAR: �C� ;'%'-"* '— * ! �i '. I, TERESA A. SEIDEL, DO HEREBY CERTIFY THAT #`p. THIS OUNDARY SURVEY WAS PREPARE FROMAN ' A, SE{DL A L SU Y M ON THE GROUf7 BY PERSONS ING UNDER VISIOf}( :SA 5672 # ¢ uATe ovJS,an nESm,e.: ua SHEET: 2 of 3 . __. . � C ISTERED PROFESSIONAL LAND SURVEYOR NO. 5672 X31 E AIL;TSEIOEL�KFWENGINEERS.COM DATE OF SURVEY: 05/25/2017 PROJECT NO.: 17.025 ' > rfw BOUNDARYSURVEYOF A 7.014 ACRE 7RACT BEING CALLED TRACT I „ G U R V E Y I Nw0 A 0.7900 OFAN ACRE TRACTBEING CALLED TR9C7'2 A 0.0790 0f AN ACRE TRACT BEING CALLED 777AC7-3 A 9.242 ACRE ]FACT BRAIC CALLED TRACT 4 .oe as naa uATe ovJS,an nESm,e.: ua SHEET: 2 of 3 EXHIBIT "B", TO THE BOUNDARY AGREEMENT (field notes of Tract 2, a 0.1900 acre tract) FIELD NOTES FOR A 0.1900 OF AN ACRE - TRACT 2 I*V SURVEYING A 0.1900 of an acre tract of land, being out of the Pedro San Miguel Survey No. 256, Abstract 227 of Guadalupe County and a 522.18 acre tract of land conveyed to ILF N -T Owner, LP of record in Document Number 201406044206, Official Public Records of Comal County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found 1h" iron rod for the southeast corner of a 18.751 acre tract conveyed to Lee Novikoff of record in Volume 1693 Page 120 of the Official Public Records of Guadalupe County, Texas, an interior corner of the 522.18 acre tract and an angle point of the ostensible location of the City Limits Line of the City of Schertz and the City of Cibolo ETj line, from which a set 112" iron rod with blue plastic cap stamped "KFW Surveying" bears S 59 °15'15" W, a distance of 459.15 feet along an with the south line of the 18.751 acre tract, the north line of the 522.18 acre tract for an angle point and continues S 59 018'30" W, a distance of 78.51 feet to a set %" iron rod with blue plastic cap stamped "KFW Surveying" for the northeast corner of a 95.861 acre tract of land conveyed to Archie H. Heimer of record in Volume 743 Page 1173 of the Official Public Records of Guadalupe County, Texas, for the southwest corner of a west 0.1928 of an acre tract of land conveyed to Roma Holz of record in Volume 614, Page 696 of the Official Public Records of Guadalupe County, Texas, a southerly southeast corner of a 18.751 acre tract of land and a northwest corner of the 522.18 acre tract; THENCE: N 50° 04' 57" E, along and with the City Limits Line over and across the 522.18 acre tract, a distance of 1371.45 feet to a set 112" iron rod with blue plastic cap stamped "KFW Surveying ", for the POINT OF BEGINNING and the northwest corner of the tract described herein; THENCE: continuing into and across said 522.18 acre tract, the following five (5) courses: 1. N 50004'57' E, along and with the City Limits Line, a distance of 278.75 feet to a set 112" iron rod with blue plastic cap stamped "KFW Surveying', for a northeast corner of the tract described herein, 2. With a non - tangent curve to the right having an arc length of 36.77 feet, a radius of 63.01 feet, a delta angle of 33 °26'02" and a chord bears, S 280 33'48" W, a distance of 36.25 feet to a set Y2" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, 3. With a curve to the left having an arc length of 124.20 feet, a radius of 155.00 feet, a delta angle of 45 °54'32" and a chord bears, S 23° 03'38" W, a distance of 120.90 feet to a set 1/2" iron rod with blue plastic cap stamped "KFW Surveying ", for a south corner of the tract described herein, 4. S 77 °03'21" W, a distance of 106.66 feet to a set 112" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of curvature to the left of the tract described herein, and 5. With a curve to the left having an arc length of 46.70 feet, a radius of 735.00 feet, a delta angle of 03 °38'26" and a chord bears, S 750 14' 08" W, a distance of 46.70 feet to the POINT OF BEGINNING, and containing 0.1900 of an acre, or 8,275 square feet more or less, in the City of Cibolo ETJ, Guadalupe County, Texas and being described in accordance with an exhibit prepared by KFW Surveying. Bearings are based on NAD83 Texas South Central Zone. Distances recited herein are surface distances using an average combined factor of 0.99984334488. Job No.: Prepared by: Date: File: 17 -025 KFW Surveying May 19, 2017 S: \Draw 2017 \17 -025 Homestead Ph2 (Nortex) \DQCS\ FN- 0.1900AC CLTransfer. X11 5/22/2017 IScale: 1 inch= 28 feet Wile: .1900 AC.ndp Tract 1: 0.1900 Acres (8275 Sq. Feet), Closure: n00.0000e 0.00 ft. (1/177813), Perimeter--593 ft. 01 n50.0457e 278.75 02 Rt, r= 63.01, arc = 36.77, chord= s28.3348w 36.25 03 Lt, r- 155.00, arc = 124.20, chord= s23.0338w 120.90 04 s77.0321 w 106.66 05 Lt, r- 735.00, arc = 46.70, chord= s75.1408w 46.69 NOTES 1.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. 2. NO TITLE COMMITMENT PROVIDED AT TIME OF SURVEY 3. REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2 %ANNUAL CHANCE FLOOOPLAIN, AS SCALED FROM FEMA FL DOD MAP 230 OF 480, COMMUNITY PANEL NO. 48187CO230F, DATED NOVEMBER Z 2007. 4. THE TRACT SHOWN HEREON 1S SUBJECT TO ALL CITY OF SCHERTZ, CITY OF CISOLO AND GUADALUPECOUNTY ORDINANCES AND RESTRICTIONS. 5. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. 6. SET IRON PINS ARE 12" DIAMETER REBAR WITH A BLUE CAP STAMPED KFW SURVEYING'. 7. ADJOINERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF BE701R COUNTY, TEXAS. THE LINKS AT ENIC HILLS, UN (VOL 7PG. 646 TRACT 2 0.1900 OF AN ACRE TRACT (8,275 SQ. FT.) SCALE: 1 " =500' 0' 500' 1000' SYMBOL LEGEND FIR FOUND 12' IRON ROD OR AS NOTED 0 _SIR SET 12' IRON ROD WITH A BLUE CAP STAMPED "KFW SURVEYING' 0.7 ACRES MELVINW. & RUM SCHWA TRACT 3 (VOL 1413 PG. 497) dL 0.0790 OF AN (ACRE TRACT (3,441 SQ. FT.) LOCATION MAP NOT -TO -SCALE MELVIN W. & RUBYF. SCHWAB (VOL. 1413 PG. 497) $ 224.95' 18.751 ACRES CITY OF''�''" (Is tn�••— LEENOVIKOFF FIA t[C (VOL 1693 PG. 120) ss9•+enow - TRACT 4 ]fl51' * L -IBOLD "TJ 9.242 ACRE TRACT ss9•asrsw ry or �sa.ic (402,590 SQ. FT.) TRACT 1 -- P.O.S. (TRACT 1) 1.014 ACRE TRACT A - 0.1928 OF AN ACRE P.O.C. (TRACT2) P.O.C. (TRACT3) (44,165 SO. FT.) 14.346 ACRES ROMA HOLZ P.O.C. (TRACT 4) GERALDINE H. ( OL 614 PG. 690) KIERUM (VOL. 643 PG. 450) 52218 ACRE TRACT ILF N-T OWNER, LP .-7 i (DOC, 201406044208) " - -- 22r f C Q. r-- n I NQ�.I O¢Nt7 Z O Lu N I Ozo i 23.3285ACRE5 18.0 ACRES JUSTICEMCCALLEY TEOFILO& MU T NG VA Y i 1 AND MARY H. MARIA ORTIZ ES MCCALLEY (VOL 643 PG. 899) (VOL P .373) i ' (VOL. 1408, PG. 742) � I 1 r fi 5672 3 6 � c a] w � z 's1 4J STATE OF TEXAS: COUNTY OF BEXAR: I ERESA A. SEIDEL, DO HEREBY CERTIFY THAT THIS 0 NDARY SURVEY WAS PREP FROM AN A RVEY E'OfLTHE GROGNd BY PERSONS ;� AxyeauPUnrta ReawaRa lxeux �a youx+ R GISTERED PROFESSIONAL LAND SURVEYOR NO. 5672 j5 REGI!hEO UxtsEarmm �� E AIL•TSEIDEL@KFWENGINEERS.COM ,� PiB1EG19 R0YM OFAROFE99fgy.V, {AAp9UR1EYMG c 124[0 PARR Jl CAiCLE eLtlG.h SWIEr00A,44AAWTM. TRIDa9 D TE OF SURVEY: 05f25 /2017 Ip PxavE:v- aa>5aar. Fnrmanaaav PROJECT NO.: 17 -025 BOUNDARYSURUEYOF A 1.019 ACRE TRAC'7BfLNG CALLED 7R4CT T S A 0.1900 OF AN ACR£ TRACT BONG GI LL ED TRACT 2 1 BURV EYIND A0.0790 OFAN ACRf TRACTBETNC CANED 7R4 CT3 aaena. ]rte .,.w. A 9.242 ACRE TRACT BEING GILLED TRACT 9 acre av 5wm> xemxee �w RV SHEET: i of3 fi lk NOTES I.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. 2 NO TITLE COMMITMENT PROVIDED AT TIME OF SURVEY 3. REFERENCED PROPERTY IS IN ZONE K, AREAS D EIERMINED TO BE OUTSIDE THE a2% ANNUAL CHANCE FLOCIDPLAIN, AS SCALED FROM FEMA FL COO MAP 230 OF 480, COMMUNITY PANEL NO, 40187CO230F. DATED NOVEMBER Z 2007. 4. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERT7, CITY OF CISOLO AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. 5. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. 6. SET IRON PINS ARE 12' DIAMETER REBAR WrrHA BLUE CAP STAMPED 'tTW SURVEYING'. 7. ADJOINERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF BE)(AR COUNTY, TEXAS. SYMBOLLEGEND 0 FIR FOUND 12" IRON ROD OR AS NOTED SIR SET 12' IRON ROD WITH A BLUE CAP STAMPEDIKFINSURVEYING" LOCATION MAP NOT-TO-SCALE m "I SCALE: I"=100' 0. 100, 200' Corm Table F� 52ZIB ACRE TRACT -- RADIUS - SCALE 1 "=200' OL. PG. 648J (DOC. 201406044206) TRACT : 0.1900 OF AN A19STRA"J'227 ACRE TRACT -\ 0. 200' (8,275 SQ. FT-) 36.77- . ............ I 63.01- mm6mmili 400' 528-33,48-W TRACT I C4 124.20' RR SE )MR TEC' 18.751 ACRES 1.014 ACRE TRACT N42'48'25"E 120.90- LEE NOVIKOFF 1693 PG. 120) (44,165 SQ. FT.) 5 �11, �T-) 361.64' 36'*64' C2 C2 (VOL 46,70' C9.._.. 21.51' 63.01' . ..... 019-33'18- 1 .1 . NO2-04'08 -E .. . ........... . .. - .......... - 21.40' -N59'15'15"E 352.52' 30'20'29"W 522I8ACRE TRACT 70.00' ------ ols S50'04'57"W S50o '5 "IN -T OWNER, LP ILF N R 1371.45' (DOC. 201406044208) P 'ANhli, G I ."J". L36' A.8f37RA,`-''l' 227' . . . . .................................... . ........ P.O.B. (TRACT 1) .......... m "I SCALE: I"=100' 0. 100, 200' Corm Table F� 52ZIB ACRE TRACT -- RADIUS - ILFN- T OWNER, LP CHORD BRG (DOC. 201406044206) TRACT I. S IfT? VF V NC'- 2,'i6 0.1900 OF AN A19STRA"J'227 ACRE TRACT -\ ---- --------- -.— 1 268.91' I.... .._.._...._........._.......... 388.00' (8,275 SQ. FT-) 36.77- . ............ m "I SCALE: I"=100' 0. 100, 200' Corm Table F� LENGTH -- RADIUS - *-"'* - - -- ---------- DELTA CHORD BRG CHORD DIST I Cl F—,*,-, C2 269.83' - .............._....._i 39265- .. . ...... ... 1. 940.00' . I 735.00- 016'26'50' . 030'3630' N51'01'50-E —_..__... N58'0640-E ---- --------- -.— 1 268.91' I.... .._.._...._........._.......... 388.00' C3 36.77- . ............ I 63.01- 033'25'02- 528-33,48-W 36.25' C4 124.20' 155.00- 1045-54-32- S23'0338-W 120.90- CS 46.70' 735-00' . . . ........... 003*38'26' 1 5 14VB'W 46,70' C9.._.. 21.51' 63.01' . ..... 019-33'18- 1 .1 . NO2-04'08 -E .. . ........... . .. - .......... - 21.40' for TRACT 0.0790 OF AN ACRE TRACT (3,441S N15' 11'50 SIR N75' 20'22"E 100.16' 39. C6 SIR PO'C. S14* 22'51"E 1.0 165DW RO.ELW*� IR 10.49' S50* 04'57'W 522.18ACRETRACT 117.08' ILF N-T OWNER, LP (DOC. 201406044206) SCALE: 1' =100' ':3AN0;GU. -5URV ol 100, A B "'R"! :' 1, ?7 nom6mmom" . .. .. .......... .......... — 20.0' STATE OF TEXAS: COUNTY OF BEXAR: 1, TERES-A A. SEIDEL, DO HEREBY CERTIFY THAT THIS OUNDARY SURVEY WAS PREPAREA FROM AN =�Y MADE 0 1 BYPERSONS PROJECT NO.: 17-025 �'z I I n BOUNDARYSURVEYOF -- -"�.. A 7.014 ACRE TRACT SEINC CALLED TRACT I KFW ;'4 1 A 0.1900 OFANACRE TRACT BEING CALLED TR4CT-2 SURVEYING A ao7go OFANACRE TRACTBUNG CALLED TRACr3 maw naa A 9.242 ACRE TRACT BONG CALLED TRACT SHEET: 2 of 3 w ii L 6fi w �'z I I n BOUNDARYSURVEYOF -- -"�.. A 7.014 ACRE TRACT SEINC CALLED TRACT I KFW ;'4 1 A 0.1900 OFANACRE TRACT BEING CALLED TR4CT-2 SURVEYING A ao7go OFANACRE TRACTBUNG CALLED TRACr3 maw naa A 9.242 ACRE TRACT BONG CALLED TRACT SHEET: 2 of 3 EXHIBIT "C", TO THE BOUNDARY AGREEMENT (field notes of Tract 3, a 0.0790 acre tract) FIELD NOTES FOR A 0.0790 OF AN ACRE - TRACT 3 I*V SURVEYING A 0.0790 of an acre tract of land, being out of the Pedro San Miguel Survey No. 256, Abstract 227 of Guadalupe County and a 522.18 acre tract of land conveyed to ILF N -T Owner, LP of record in Document Number 201406044206, Official Public Records of Comal County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found 1/z" iron rod for the southeast corner of a 18.751 acre tract conveyed to Lee Novikoff of record in Volume 1693 Page 120 of the Official Public Records of Guadalupe County, Texas, an interior corner of the 522.18 acre tract and an angle point of the ostensible location of the City Limits Line of the City of Schertz and the City of Cibolo ETJ line, from which a set W, iron rod with blue plastic cap stamped "KFW Surveying" bears S 59 015'15" W, a distance of 459.15 feet along an with the south line of the 18.751 acre tract, the north line of the 522.18 acre tract for an angle point and continues S 59 °18'30" W, a distance of 78.51 feet to a set ih" iron rod with blue plastic cap stamped "KFW Surveying" for the northeast corner of a 95.861 acre tract of land conveyed to Archie H. Heimer of record in Volume 743 Page 1173 of the Official Public Records of Guadalupe County, Texas, for the southwest corner of a west 0.1928 of an acre tract of land conveyed to Roma Holz of record in Volume 614, Page 696 of the Official Public Records of Guadalupe County, Texas, a southerly southeast corner of a 18.751 acre tract of land and a northwest corner of the 522.18 acre tract; THENCE: N 50° 04'57" E, along and with the City Limits Line over and across the 522.18 acre tract, a distance of 1650.20 feet to a set Y2" iron rod with blue plastic cap stamped "KFW Surveying ", for the POINT OF BEGINNING and the southwest corner of the tract described herein; THENCE: continuing into and across said 511.82 acre tract, the following five (5) courses: 1. With a non - tangent curve to the left having an arc length of 21.51 feet, a radius of 63.01 feet, a delta angle of 19 033'18" and a chord bears, N 02° 04'08" E, a distance of 21.40 feet to a set 3'z" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of tangency of the tract described herein, 2. N 15 011'50" W, a distance of 39.95 feet to a set V2" iron rod with blue plastic cap stamped "KFW Surveying", for a northwest corner of the tract described herein, 3. N 75 °20'22" E, a distance of 100.16 feet to a set %" iron rod with blue plastic cap stamped "KFW Surveying ", for a northeast corner of the tract described herein, 4. S 14 °22'51" E, a distance of 10.49 feet to a set Yz" iron rod with blue plastic cap stamped "KFW Surveying", for a southeast corner of the tract described herein, and 5. N 50° 04'57" W, along and with the City Limits Line, a distance of 117.08 feet to the POINT OF BEGINNING, and containing 0.0790 of an acre, or 3,441 square feet more or less, in the City of Schertz, Guadalupe County, Texas and being described in accordance with an exhibit prepared by KFW Surveying. Bearings are based on NAD83 Texas South Central Zone. Distances recited herein are surface distances using an average combined factor of 0.99984334488. Job No.: Prepared by: Date: Fite: 17 -025 KFW Surveying May 19, 2017 S: \Draw 2017 \17 -025 Homestead Ph2 (Nortex) \DOCS\ FN- 0.0790AC CL' "L? ( j 0 N J W LO n75�Zq.Z2 ^e 1pp.'16 J w u+� n � X11 g1 sr 5 � Q cv t� 1 fi < of F 5/22/2017 Scale: 1 inch= 13 feet File: .0790 AC.ndp Tract 1: 0.0790 Acres (3441 Sq. Feet), Closure: s58.5516w 0.01 ft. (1131760), Perimeter -289 ft. 01 Lt, r- 63.01, arc = 21.51, chord= n02.0408e 21.41 02 n15.1150w 39.95 03 n75.2022e 100.16 04 s14.2251e 10.49 05 s50.O457w 117.08 NOTES 1.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NADI OF 1883. 2. NO TITLE COMMITMENT PROVIDED AT TIME OF SURVEY 3. REFERENCED PROPERTY IS IN ZONE )C, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SCALED FROM FEMA FLOOD MAP 230 OF 480, COMMUNITY PANEL NO. 48187CO230F, DATED NOVEMBER 2, 2007. 4. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHER74 CITY OF CIBOLO AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS 5. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. 6. SET IRON PINS ARE 12 "DIAMETER REBAR WITH BLUE CAP STAMPIED'KFW SURVEYING'. 7. ADJOINERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF BF-JCAR COUNTY, TEXAS. I THE LINKS AT SCENIC HILLS UN (VOL 7PG. 84A TRACT 2 0.1900 OF AN ACRE TRACT (6,275 SO. FT.) 18.757 ACRES LEE NOVIKOFF FBt LEC (VOL 1693 PG. 120) ,-�J� sso•umv 1fl51' SCALE: 1 " =500' 0' 500' 1000' SYMBOLLEGEND d FIR FOUND 12' IRON ROD OR AS M07-ED Q SIR SET 12' IRON ROD WITH A BLUE CAP STAMPED 'KFW SURVEYING' 0.7 ACRES MELVIN W. d RUBYF. SCHWAB (VOL 1413 PG. 497) TRACTS! 0.0790 OF AN rACRE TRACT (3,441 SQ. FT.) V "�' P.o.A. fTRacrr) ` TRACT 1 L - 0.19280r-AN '-' P.O.C. (TRACT2) 1.014 ACRE TRACT ACRE P.O.C. (TRACTS) (44,165 SQ. FT.) ROMA HOLZ n P.O.C. (7RACT4) )L. 614 PG. 588) s 1 ?� 522.18ACRETRACT ILF N-T OWNER, LP 0 (DOC. 201405044208) w P. SANh11GUL'L SIJrAfF_YN!_l, 56 uj _ A13.: >TRACT227 > In 4 a r_- r ti �Uy 23.3285ACRES 18.0ACRES JUS77CEMCCALLEY TEOF1L06 ANDMARYH. MARIA ORTIZ MCCALLEY (VOL 843 PG. & (VOL 1408, PG. 742) (VARv,BLE vmTHRQ W.) F 5 B 36 0. 3 m� N P� PQ SITE s �NJI`o LOCATION MAP NOT -TO -SCALE MELVIN W. d RUBYF. SCHWAB (VOL 1413 PG. 497) — TRACT 4 9.242 ACRE TRACT (402, 590 SO. FT.) 373) 224.W 14.346 ACRES GERALDINE H. KIERUM (VOL. 643 PG. 450) uggq�qqq�� Q No „s N O L, 3 �g� a3 U 0 P I w 1 ly 7 U STATE OF TOWS: COUNTY OF BEXAR: 1 ERESA A. SEIDEL, DO HEREBY CERTIFY THAT THIS 0 NDARY SURVEY WAS PREP FROM AN A_ VEY� . HE GRO(tNb BY PERSONS z C1gQF5672o�? qQ Q S V Ay GISfERED PROFESSIONAL LAND SURVEYOR NO. 5672 ,wvcauaAnrts Reawuab nrESeSt+ets vouRnue ���^--�fI'�} 7 IIECL/VEOGNtlE GYSlID IQ JI'� " E AIL:TSEIDEL@KFVJENGINEERS.COM Itlf T@L,SpGIi00FPRq¢$SR�WL WASNIEFIM3 vim rNnc s�cmgemoa.,a mvre,mwm�iurw, rxrerm D TE OF SURVEY: 05/25/2017 o wiav�evaso-exo;rwr °ifsv -uv PROJECT NO.: 17 -025 +aro'n rswt Gif BOUNDARY SURVEY OF A 7.014 ACRE TRACT BEING CALLED TRACT 1 44, A 0.1900 OFAN ACRE TRACTBEING C UED TRACT2 j SURVEYING A0.0790 OF AN ACRE TRACrSUNG CALLED TPA CT3 sa ra. nms A 9.242 ACRE TRACT BEING CALLED 7R4CT 4 wuxm xv c,huei ru SHEET. • 1 Of 3 NOTES 1.BEARINGS ARE BASED ON THE STATEPLANECDORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. 2. NO TITLE COMMITMENT PROVIDED AT TIME OF SURVEY 3. REFERENCED PROPERTY IS IN ZONEX, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SCALED FROM FEMA FLOOD MAP 230 OF 480, COMMUNITY PANEL NO.48187CO230F, DATED NOVEMBER Z 2007. 4. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ, CITY OF CIBOLO AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. 5. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. 6. SET IRON PINS ARE 12' DIAMETER REBAR KITH BLUE CAP STAMPED "KFW SURVEYING'. 7. ADJOINERS SHOWN HEREON AREPER CURRENT GUADALUPE COUNT YAPPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS. Hi TRACT 1 1e.751 ACRES �"'` 1.014 ACRE TRACT LEE NOVIKOFF (44,165 SQ. FT.) (VOL 1693 PG. 120) N � N N59° 15' 15 "E z 352.52' SR C1 N30° 20'29"W 70.00' r:n orarr offs `- P.O.B. (TRACT 1) SCALE: 1 " =100' 0' 100' 200' Curve Table Curve # ....__......__ 52ZIBACRETRACT RADIUS ILF N-r OWNER, LP CHORD BRG (DOC, 20140W"206) TRACT 2 r. Sr';. ,1;hUi:l. Sr.;1710:7Y„ 0.25: 0.1900 OF AN YABSrR ,G7 227 ACRE TRACT 288.91' � (8,275 SQ. FT.) ..__.._...._..__.._ + 39285' . . . .. . . . . . . . . . . . . . . . . .... . . P.O.B. SR 3 0° p4, 57 v Gx278 — --._}_ N58'06'40'E ..... ....................__ ........ n•F. 1371Ae � SCALE: 1 " =100' 0' 100' 200' Curve Table Curve # ....__......__ LENGTH RADIUS DELTA CHORD BRG CHORD DIST I CI — 269.83' 940.00' 018.26'50' ..._...__.._.._....----1 N51'01'50 "E 288.91' � ....._... C2 .. ..__.._...._..__.._ + 39285' . . . .. . . . . . . . . . . . . . . . . .... . . 735.00' . . . . . . . . 030'36'30' — --._}_ N58'06'40'E ..... ....................__ ........ C3 36.77' 63.01' 033'28'02' S281331481W ,388.00' 36.25' 1 C4 124.20' 155.00' 045'54'32' S23'0338'W 120.90' CS ' 46.70' 735.00' i 003'3828' S75 "14'OB'W 46.70' L._.C6 63.01' 019'33'18',.... NO2'04'UB'E_ 21.40' SYMBOL LEGEND FIR FOUND 12" IRON ROD OR AS NOTED SIR SET 12' IRON ROD WMIA BLUE CAP STAMPED "KFW SURVEYING' LOCATION MAP NOT -TO -SCALE •f! N42° 48' 2S E 361.64' 522.18 ACRE TRACT S50° 04'57"W ILF N -T OWNER, LP 1371.45' (DOC. 201408044206) TRACT 3 y'? d••s u iTR'!'� .4 0. 0.0790 OF AN i ACRE TRACT ' nECEr�n cnu am�rEy ro' (3,441 SQ. FT.) E AIL:TSEIOEL@KFWENGINEERS.COM �teE sExnseanv ocsmdESSww.wm suv�cmn 1]IW IMNU CIpCLEeLOp.A SWi[16t4C1AnU91M, IX)E)nl N75° 20'22E N15'11'5 SIR 100.16' 39.95' PROJECT NO.; 17 -025 SR ° �P.o.c. 1E5DO R S14 °22'51'5 s P.0.+� 6.) 10.49' 1 S50° 04' 57 "W J 522.18ACRE TRACT 117.08' )LF N -T OWNER, LP SURVEYING (DOC. 201406044205) SCALE: 1" =100' 0' 100' ""`°" 1+'",°•` n�nn.w'"°' _ 5672 STATE OF TEXAS: COUNTY OF BEXAR: I, TERESA A. SEIDEL, DO HEREBY CERTIFY THAT THIS,@ OUNDARY SURVEY WAS PREPAREQ FROM AN ACQUAL SURVEY MARE ON THE GROU)Vb{BY PERSONS y'? d••s u iTR'!'� .4 0. NlY f,"YI•uWTS REG.1eLMV0 ]1IESEFNfESYIX)lMVE �i �J` ISTERED PROFESSIONAL LAND SURVEYOR NO. 5672 ' nECEr�n cnu am�rEy ro' %'t/ ��� E AIL:TSEIOEL@KFWENGINEERS.COM �teE sExnseanv ocsmdESSww.wm suv�cmn 1]IW IMNU CIpCLEeLOp.A SWi[16t4C1AnU91M, IX)E)nl DATE OF SURVEY: 05 /25/2017 hrl ' °' ° "rmaxmrcns s'ano-us� PROJECT NO.; 17 -025 aw BOUNDARYSURVEYOF A 7.074 ACRE TRACTBEINC CALLED TRACT I A0. 1900 OFANACRE TRACT BEING CALLED TRACT. SURVEYING A 0.0790 OF AN ACRE TRACT BEING CALLED ]FACT 3 Henn nau ""`°" 1+'",°•` n�nn.w'"°' _ A 9.242ACRE77?AC`T 8VNGC41LED 7FACT4 °A�i OYM°O1r auurc Sv 1E61i1E" r'�r csexrrm ru _ SHEET 2 Df 3 EXHIBIT "D", TO THE BOUNDARY AGREEMENT (field notes of Tract 4, a 9.242 acre tract) FIELD NOTES FOR A 9.242 ACRES - TRACT 4 I*V SURVEYING A 9.242 acre tract of land, being out of the Pedro San Miguel Survey No. 256, Abstract 227 of Guadalupe County and a 522.18 acre tract of land conveyed to ILF N -T Owner, LP of record in Document Number 201406044206, Official Public Records of Comal County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found %" iron rod for the southeast corner of a 18.751 acre tract conveyed to Lee Novikoff of record in Volume 1693 Page 120 of the Official Public Records of Guadalupe County, Texas, an interior corner of the 522.18 acre tract and an angle point of the ostensible location of the City Limits Line of the City of Schertz and the City of Cibolo ET) line, from which a set Ih" iron rod with blue plastic cap stamped "KFW Surveying" bears S 59 °15'15" W, a distance of 459.15 feet along an with the south line of the 18.751 acre tract, the north line of the 522.18 acre tract for an angle point and continues S 59 °18'30" W, a distance of 78.51 feet to a set 1/z" iron rod with blue plastic cap stamped "KFW Surveying" for the northeast corner of a 95.861 acre tract of land conveyed to Archie H. Heimer of record in Volume 743 Page 1173 of the Official Public Records of Guadalupe County, Texas, for the southwest corner of a west 0.1928 of an acre tract of land conveyed to Roma Holz of record in Volume 614, Page 696 of the Official Public Records of Guadalupe County, Texas, a southerly southeast corner of a 18.751 acre tract of land and a northwest corner of the 522.18 acre tract; THENCE: N 50° 04' 57" E, along and with the City Limits Line over and across the 522.18 acre tract, a distance of 1767.28 feet to a set 1h" iron rod with blue plastic cap stamped "KFW Surveying", for the POINT OF BEGINNING and the northwest corner of the tract described herein; THENCE: N 50° 04' 57" E, continuing along and with the City Limits Line, a distance of 2316.58 feet to a set W iron rod with blue plastic cap stamped "KFW Surveying" for the northeast corner of the tract described herein, in the east line of the 522.18 acre tract and in the southwest right -of -way line of Green Valley Road, (County Road 376), a variable width right -of -way, from which a set V/z" iron rod with blue plastic cap stamped "KFW Surveying ", for an easterly corner of the 522.18 acre tract and an interior corner of a tract of land conveyed to Melvin W. and Ruby F. Schwab, of record in Volume 1413 Page 497 of the Official Public Records of Guadalupe County, Texas, bears N 29° 49' 00" W , a distance of 25.88 feet passing the northwest right -of -way line of Green Valley Road, continuing a total distance of 224.95 feet, THENCE: S 29° 49'00" E, along and with an east line of the 522.18 tract and the southwest right -of -way line of Green Valley Road, at a distance of 41.02 feet, to a set 1/z" iron rod with blue plastic cap stamped "KFW Surveying", for the southeast corner of the tract described herein; THENCE: into and across said 522.18 acre tract, the following sixteen (16) courses: 1. S 60 °11'00" W, a distance of 54.81 feet to a set 1/z" iron rod with blue plastic cap stamped "KFW Surveying", for a point of curvature to the left, 2. With a curve to the left having an arc length of 318.28 feet, a radius of 765.00 feet, a delta angle of 23 °50'16" and a chord bears, S 48° 42'29" W, a distance of 315.99 feet to a set 1/z" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of tangency of the tract described herein, 3. S 36 °47'21" W, a distance of 277.21 feet to a set Y2" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of curvature to the right of the tract described herein, 4. With a curve to the right having an arc length of 157.87 feet, a radius of 635.00 feet, a delta angle of 14 °14'39" and a chord bears, S 43° 54'41" W, a distance of 157.46 feet to a set W iron rod with blue plastic cap stamped "KFW Surveying ", for a point of tangency of the tract described herein, S. S 51 °02'00" W, a distance of 187.38 feet to a set%" iron rod with blue plastic cap stamped "KFW Surveying', for an angle point of the tract described herein, 6. S 50 °46'59" W, a distance of 193.33 feet to a set lh" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of curvature to the left of the tract described herein, 7. With a curve to the left having an arc length of 105.16 feet, a radius of 471.50 feet, a delta angle of 12 °46'42" and a chord bears, S 42" 34' 20" W, a distance of 104.94 feet to a set lh" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of compound curvature of the tract described herein, 8. With a curve to the left having an arc length of 140.23 feet, a radius of 431.68 feet, a delta angle of 18 °36'47" and a chord bears, S 30° 08'47" W, a distance of 139.62 feet to a set 1/2" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of tangency of the tract described herein, 9. S 23'02'56"W, a distance of 293.36 feet to a set 1/2" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of curvature to the right of the tract described herein, 10. With a curve to the right having an arc length of 598.55 feet, a radius of 635.00 feet, a delta angle of 54 °00'25" and a chord bears, S 500 03' 09" W. a distance of 576.64 feet to a set Y2" iron rod with blue plastic cap stamped "KFW Surveying', for a point of tangency of the tract described herein, 11. S 77 °03'21" W, a distance of 16.96 feet to a set 1/2" iron rod with blue plastic cap stamped "KFW Surveying ", for a south corner of the tract described herein, 12. N 12 °56'39" W, a distance of 70.00 feet to a set lh" iron rod with blue plastic cap stamped "KFW Surveying ", for an interior corner of the tract described herein, 13. S 77 °03'21" W, a distance of 73.26 feet to a set lh" iron rod with blue plastic cap stamped "KFW Surveying ", for the southwest corner of the tract described herein, 14. With a non - tangent curve to the left having an arc length of 125.62 feet, a radius of 155.00 feet, a delta angle of 46 °26'13" and a chord bears, N 490 12'47" W, a distance of 122.21 feet to a set I/z" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of reverse curvature of the tract described herein, 15. With a curve to the right having an arc length of 61.08 feet, a radius of 60.00 feet, a delta angle of 58 °19'49" and a chord bears, N 431 15' 59" W, a distance of 58.48 feet to a set %" iron rod with blue plastic cap stamped "KFW Surveying ", for a point of tangency of the tract described herein, and 16. N 140 22' S1" W, a distance of 29.05 feet to the POINT OF BEGINNING, and containing 9.242 acre, or 402,590 square feet more or less, in the City of Cibolo ET), Guadalupe County, Texas and being described in accordance with an exhibit prepared by KFW Surveying. Bearings are based on NAD83 Texas South Central Zone. Distances recited herein are surface distances using an average combined factor of 0.99984334488. job No.: 17 -025 Prepared by: KFW Surveying Date: May 19, 2017 File: S: \Draw 2017 \17 -025 Homestead Ph2 (Nortex) \DOCS\ FN- 9.242AC CL 5/22/2017 (Scale: 1 inch= 234 feet Wile: 9.242 AC.ndr) Tract 1: 9.2422 Acres (402590 Sq. Feet), Closure: n00.0000e 0.00 ft. (1/999999), Perimeter -5060 ft. 01 n50.O457e 2316.58 12 Rt, r- 635.00, arc = 598.55, chord= s50.0309w 576.64 02 s29.4900e 41.02 13 s77.0321 w 16.96 03 s60.1100w 54.81 14 n12.5639w 70.00 04 Lt, r- 765.00, arc = 318.28, chord= s48.4229w 315.99 15 s77.0321 w 73.26 05 s36.4721w 277.21 16 Lt, r- 155.00, arc = 125.62, chord= n49.1247w 122.21 06 Rt, r- 635.00, arc = 157.87, chord= s43.5441w 157.46 17 Rt, r- 60.00, arc = 61.08, chord= n43.1559w 58.48 07 s51.0200w 187.38 18 n14.2251 w 29.05 08 s50.4659w 193.33 09 Lt, r- 471.50, arc = 105.16, chord= s42.3420w 104.94 10 Lt, r= 431.68, arc = 140.23, chord= s30.O847w 139.61 11 s23.0256w 293.36 NOTES 1.BEARINGS ARE BASED ON THE STATEPLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. 2. NO TITLE COMMITMENT PROVIDED AT TIME OF SURVEY 3. REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2 %ANNUAL CHANCE FLOODPLAIN, AS SCALED FROM FEMA FLOOD MAP 230 OF 480, COMMUNITY PANEL NO. 48187CO230F DATED NOVEMBER 2, 2007. 4. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ, CITY OF CIBOLO AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. 5. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. 6. SET IRON PINS ARE 12" DIAMETER REBAR WITH A BLUE CAP STAMPED "KFW SURVEYING ". 7. ADJOINERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS. THE LINKS AT SCENIC HILLS, UNIT3. (VOL 7PG. 646) --- TRACT 2 0.1900 OF AN ACRE TRACT (8,275 SQ. FT.) 18.751 ACRES LEE NOVIKOFF FIR -mc- (VOL 1693 PG. 120) `1 . � "%.. P.O.B. (TRACT I) •0.1928 OF AN ~' P.O.C. (TRACT2) ACRE P.O.C.(IRACT3) ROMA HOLZ A.O.C. (TRACT 4) X. 614 PG. 698) n n' �s s ;y i x Lu (0�4m Uy aQ >(� 2 C j ry 1 SCALE: 1"=500' 0' 500' 1000' SYMBOLLEGEND O FIR FOUND 12" IRON ROD OR AS NOTED ,SIR SET 12" IRON ROD WITH A BLUE CAP STAMPED "KFW SURVEYING" 0.7ACRES MELVINW. 8 RUB) SCHWAB (VOL, 1413 PG. 497) TRACT 3 0.0790 OF AN rACRE TRACT (3,441 SQ. FT.) l TRACT 1 1.014 ACRE TRACT (44,165 SQ. FT.) 522.18 ACRE TRACT ILF N -T OWNER, LP (DOC. 201406044206) . 3AN A1il,;tie:I TU'VEYNO, 2-6 AB f { Fir 7 227 23.3285 ACRES 18.0 ACRES JUSTICEMCCALLEY TEOFILO& ANDMARYH. MARIA ORTIZ (VOL 1409 G 742) (VOL 843 PG. 8£ (CA 376) (VARABLE MOTH ROW) A 1.014 ACRE TRACT BEING GALLED TRACT 1 A 0.1900 OFANACRE TRACTBL-71VG CALLED TRACT 2 A 0.0790 OFAN ACRE TRACT 8EWG CALLED TRACT 3 A 9.242 ACRE TRACT BEING CALLED TRACT 4 5672 LOCATION MAP NOT -TO -SCALP MELVIN W. & RUBYF. SCHWAB (VOL. 1413 PG. 497) N29v9n9w_ „/'I M95- is a 3 Ix 0 e TRACT 4 9.242 ACRE TRACT w p (402,590 SQ. FT.) Z 14.346 ACRES GERALDINE H. KIERUM (VOL. 643 PG. 450) n a0 4 N0Q� 373) am L, STATE OF TEXAS: COUNTY OF BEXAR: I ERESA A. SEIDEL, DO HEREBY CERTIFY THAT THIS 0 NDARY SURVEY WAS PREPA FROM AN A_ RVEY E'cH: -LHE GR N BY PERSONS GISTER£D PROFESSIONAL LAND SURVEYOR NO. 5021 E j AIL:TSEIDEL@KFWENGINEERS.COM D TE OF SURVEY: 05/25/2017 PROJECT NO.: 17 -025 W ADO NOTES TRACT 1 1.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE CHORD BRG .;._ SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE r+ar.RO 4204, NORTH AMERICAN DATUM (NAO) OF 1983, N42° 48' 25"E 2. NO T17LE COMMITMENT PROVIDED AT TIME OF SURVEY LEE NOVIKOFF 3. REFERENCED PROPERTY IS IN ZONEX, AREAS DETERMINED (44,165 SC}. FT.) TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS CZ a SCALED FROM FEMA FLOOD MAP 230 OF 480, COMMUNITY m PANEL NO. 48187CO230F, DATED NOVEMBER Z 2007, C4 124.20' 155.00' 4. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF S23- 0338'W SCHERT2, CITY OF CIBOLO AND GUADALUPE COUNTY SYMBOL LEGEND ORDINANCES AND RESTRICTIONS. S75'14'08'W 5. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. FIR FOUND 12" IRON ROD OR AS NOTED 6. SET IRON PINS ARE 12" DIAMETER REBAR WITH A BLUE CAP SIR SET 12' IRON ROD WITH A BLUE CAP STAMPED'KFW SURVEYING ". STAMPED "KFW SURVEYING" 7, ADJOINERS SHOWN HEREON ARE PER CURRENT 352.52' s GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND SHEET: 2 of 3 OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS. s LOCATION MAP NOT -TO -SCALE I II F8A'CE TRACT 1 DELTA CHORD BRG .;._ 18.751 ACRES r+ar.RO 1.014 ACRE TRACT -\ N42° 48' 25"E i 268,91' LEE NOVIKOFF 030'3630' (44,165 SC}. FT.) x361.64' CZ a (VOL 1693 PG. 120) m 30.25' C4 124.20' 155.00' - „e�'•`xu` S23- 0338'W 120.90' C5 46.70' 735.00' i 003'3826' S75'14'08'W 46.70' f 6 21.51' 63.01' N59° 15' 15 "E NO2T4'08 E ................ 21.40' 14 z 352.52' s ncc�n Tas SHEET: 2 of 3 C1 '30° 20' 29 "W sx 522. IBACRE TRACT 70.00' 1id�T� S50 °04`57 "W ILF N- TOWNER, LP 1371.45' (DOC. 201496044206) F ,'.iFf� ?:•s. ilJi::f.:i:. � 'at � F;I!F. k �E+' }.T i `P.O.B. (TRACT 1) A&3 1 RAC 227 522.18 ACRE TRACT ILF N -T OWNER, LP (DOC. 201406044206) TRACT 2 U/.;NJ! 1Gtli: t. Y RtA= Y,VC;. 256 0.1900 OF AN ABSTR A. ? 22' ACRE TRACT (8,275 SQ. FT.) P.O.B. (.150° 04 67 E tP.O.C_... -rF. /371.16' "., Z78. A SCALE: 1"=100' 0' 100' ... _ ...... ., Curve Table Curve # LENGTH ! RADIUS 1 .............. DELTA CHORD BRG .;._ CHORD DIST ........ ........._................� Ct 269.83' 940.00' 016'26'50' N51'01'50 'E i 268,91' C2 392.65' 735.00' 030'3630' N58'0840 'E i 388.00' j............................ :........._.. C3 i 36.77' 6101' 033'26'02' S28'3348W 30.25' C4 124.20' 155.00' ' 045'54'32" S23- 0338'W 120.90' C5 46.70' 735.00' i 003'3826' S75'14'08'W 46.70' f 6 21.51' 63.01' .. ........ i 019'33'18' NO2T4'08 E ................ 21.40' TRACT 3 '1 0.0790 OF AN ACRE TRACT aECamv cw aeomECrmm (3,441S FT) E. AIL:TSEIpELtIDKFWENGINEERS.COM a+E iEGSb6W0 OFRtOFESapNY .lNA 9llP1£YkA +s+m nuarsa cwruaeaoe..t sxrE,arucaunusrw, ixnra, N75° 20'22"E N15° 11'5 axA 100.16' 39.95' PROJECT NO.: 17.025 Ik I�III�I BOUNDARYSURVEYOF A CALLED TRACT I ANACRE �P.O•C. 1em.zo' w S14° 22' 51 E 10.49' S50° 04'57"W 522.18ACRETRACT 117.08' ILF N•T OWNER, LP - 6 U R V E Y 1 IU O (DOC. 201406044206) SCALE: I"=100' P, SAN MtGUE1 >it)RVi Y f`d<':'r. 1...J7} 0' 100+ m 14 Mon" 200' aa,xre Rv 5672 STATE OF TEXAS: COUNTY OF BEXAR: I, TERESA A. SEIDEL, DO HEREBY CERTIFY THAT THIS OUNOARY SURVEY WAS PREPAREQ FROM AN A L SU. WY MAQE ON THE, ROUNb}BY PERSONS '1 r AHYG(La ",,W�a RECMOINe ]HESEANftS YtM1Fl14F ISTERED pROFE5510NAL LAND SURVEYOR N0. 562 aECamv cw aeomECrmm 1- '����'�/ E. AIL:TSEIpELtIDKFWENGINEERS.COM a+E iEGSb6W0 OFRtOFESapNY .lNA 9llP1£YkA +s+m nuarsa cwruaeaoe..t sxrE,arucaunusrw, ixnra, Y� DATE OF SURVEY: 05/25/2017 ip nroNE.are rxs»s;rax a+ama vzi PROJECT NO.: 17.025 Ik I�III�I BOUNDARYSURVEYOF A CALLED TRACT I ANACRE 6 ooO TRA0NG A 0.7900 Of AN ACRE TRACTBf /NG CAL1fD 7RACT2 4L - 6 U R V E Y 1 IU O A 0.0790 OFAN ACRE TRACT BEING CALLED TRACE3 14 A 9.242 ACRE TRACT BEING CALLED TRACT 4 aa,xre Rv ncc�n Tas SHEET: 2 of 3 NOTES 1.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (MAD) OF 1983. 2. NO TITLE COMMITMENT PROVIDED AT TIME OF SURVEY 1 REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SCALED FROM FEMA FLOOD MAP 230 OF 480, COMMUNITY PANEL NO. 48187CO230F, DATED NOVEMBER Z 2007. 4. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ, CITY OF CISOLO AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. S. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY. 6. SET IRON PINS ARE 12 "DIAMETER REBAR WITH BLUE CAP STAMPED 'KFW SURVEYING'. 7. ADJOINERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, C I S77° 03' 21 "W_ 1 73,26' S77° 03'21 "W 16.96' 522.18 ACRE TRACT ILF N -T OWNER, LP (DOC. 201406044206) ,� 5,S TTL4G i 22! N14* 22'51"W 29.05' N12° 56'39"W 70.0 O' C11 Curve Table a SCALE: 1 " =200' 0' 200' P%e%m,m 400' SYMBOL LEGEND 1v3 FIR FOUND 12 "IRON ROD OR AS NOTED ( SIR SET 12' IRON ROD WITH A BLUE CAP STAMPED "KFW SURVEYING" 0.7 ACRES MELVIN W. 8 RUBY F. SCHWAB (VOL. 1413 PG. 497) MELVIN W. d RUBY F. SCHWAB (VOL 1413 PG. 497) LOCATION MAP NOT -TO -SCALE TRACT 4 S NM'49=W 224.95• SAR C G7 s 04-57 217 21 N50° 0 C8 2 S 2316.58' s 36° Q n W SAR S601 11' 00 1 o CIO s� 9 9 S e� s S S51 ° 02' OO' W 6 187.38' € € m y3 y6 S Z p2 1 � z 14.346 ACRES GERALDINE H. KIERUM (VOL. 643 PG. 450) ..... _ ...... ....... _. Cure # LENGTH I RADIUS DELTA ;CHORD BRG CHORD DlST ....... .............._._.....:....._._ r --_ ............... ........._._....__ C7 318.28' 765.00' 023'50'16" S48'42'29'W 315.99' C8 157.87' 635.00' 014'14'39' S4754411W 157.48' .. .,....._ ............ C9 i 105.16' 477.50' 012.4642" S42'3470"W 104.94' CIO 140.23' 431.68' 018'3647" , S30'08'471W 139.62' C11 598.55' 635.00' 054'00'25' S50'03V9'W i 5 ...... ..................... ..._� ... ......... - ....... ...... ,....... � —; C12 _ 125.62' j 155.00' 1 046 1247"W 26'13' N49'' 122.21' .......__ A_...._........_...; C73 61.08' 80.00' 058'1949' N43- 15'59"W 58,48' '...................... .... .. - ' ........................_—.i- SEIPNC53 WU�HK �Wle S+AiVEl11:C seuuw.wnev, ixm�a STATE OF TDL45: , COUNTY OF BEKAR: q4 p, T6°'q- g 7;. I, TERESA A. SEIDEL, 00 HEREBY CERTIFY THAT iJ i.A; * G" �`` ?, TH OUNOARY SURVEY WAS PREPA D FROM AN. SSA SIDk„",; A L ON THE GRO DRY PERSONS w. INC UND YS VIS y u r, r° _ ^ � GISTEI PROFESSIONAL LAND SURVEYOR N0 .5672 JJ E IL:TSEIDEL@KFWENGINEERS.COM D E OF SURVEY: 05/25/2017 PROJECT NO.: 17 -025 A 7.014 ACR£ TRACT SEINC CALLED TRACT I A 0.1900 OFAN ACRE TRACT BEING GALLED TRACT 2 A 0.0790 OFAN ACRE TRACT BEING CALLED 7RACT 3 A 9.242 ACRE TRACT BEING GALLED TRACT 4 SHEET.' 3 Df 3 SEIPNC53 WU�HK �Wle S+AiVEl11:C seuuw.wnev, ixm�a STATE OF TDL45: , COUNTY OF BEKAR: q4 p, T6°'q- g 7;. I, TERESA A. SEIDEL, 00 HEREBY CERTIFY THAT iJ i.A; * G" �`` ?, TH OUNOARY SURVEY WAS PREPA D FROM AN. SSA SIDk„",; A L ON THE GRO DRY PERSONS w. INC UND YS VIS y u r, r° _ ^ � GISTEI PROFESSIONAL LAND SURVEYOR N0 .5672 JJ E IL:TSEIDEL@KFWENGINEERS.COM D E OF SURVEY: 05/25/2017 PROJECT NO.: 17 -025 A 7.014 ACR£ TRACT SEINC CALLED TRACT I A 0.1900 OFAN ACRE TRACT BEING GALLED TRACT 2 A 0.0790 OFAN ACRE TRACT BEING CALLED 7RACT 3 A 9.242 ACRE TRACT BEING GALLED TRACT 4 SHEET.' 3 Df 3 EXHIBIT "E ", TO THE BOUNDARY AGREEMENT (Boundary Agreement Clarification Map) �\ ;' v ;..... -� v v w Ni� _J-- >--- c� -�-1( p yti 7 / V v I ' ' v' i ; �' _ - -� - -� -�- CIO 1-k CA.) V V V N , N V V // ' w CALL -��- cn i i�/ N / �/ f\) AWAYpgRK �,� O �� V \` W ,v N i / 1 -A w I\) 1� 00 Ilk co co co , , l , / _ _ �C � i I I I I w I V w N =. , V ��u .� O / w '`� /Ny rr w w w W �� O �)��� O /A / A C-)1 V I V N /� co � / 1 L26 — , N V '6 ICI , I I w N V O ,/ % , r\) s 0) ; r- C / 1-k �0 .1 L ,� � � � ; V ► 1 V (o —Va _ � �, PROPOSED AREA TO BE CITY OF L54 ; V ► , I i c� TRANSFERRED FROM CITY OF C 11 / cn rn V I c — CIBOLO TO CITY OF SCHERTZ / SCHERTZ _ c \ / /7-Y _ 1 I I I -- O �1 O/C O nrT, v S Z r PROPOSED AREA TO BE TZ TRANSFERRED FROM CITY OF W 0C/ 7-y OF Ls o , ' rn EXISTING CITY � L51 O w v O LIMITS LINE CIBOLO TO CITY OF SCHERTZ B _ OL 2 ' P C/ O 2 21 -_ i Cl Ty F r 23 - 17 I ' 16 15 14 _ ' 1 �..- 3 2 1 c044 CJ ; • • • 3 4 _ _ O , 1 1 4 8 T - 2 5 _ ► TRANSFERRED FROM R ♦ ■ — ■ — ■ ■' 1 1 ► r w� EEC �'9L<Ey � 3C/ 23 _ 3 PROPOSED AREA TO BE 5 7 C� \ 24 CITY OF SCHERTZ TO _ 6 J S 4 3 /U,9 '4 37 T y _ 4 3 2 r 17 _ ; CITY OF CIBOLO - �� / ! 33 14 13 - - 6 I �91,gBLLC Gl/IQ�-6/ OF /BQ a 25 r 1 �1 j� _ _ _ 4 3 2 , % 6 1 i „',Q LO ' 1 ' 1g 1b ; 17 11 10 1 �-- �� .0. 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(� 34 3 / 1 1 \ 6 1 14 / 7 / / 1 �jO 60 C� 6 28 42 24 47 1 1 24 i i 6 / 61 p -� , 33 1 34 30 15 i 7 1 2 4 1 �1 5 1 / 62 1 ► w 25 1 32 1 1 48 1 I 35 63 8 26 27 _ 5 1 1 28 27 25 26 ►1 31 ' i' ' ' 64 9 25 40 , 31 - - 49 26 1 � 4 32 65 24 1 39 30 1 50 1 / � 10 ► 27 6 1 / , l ' . 1 1 1 - - - - I 37 3 i l l 66 12 C:D 38 28 51 2 � 22 � / / , 29 29 30 31 3 1 1g 20 21 III 1 / 67 13 1 23 2 1 37 29 , 1 28 8 1 1 52 1 38 2 ► 4 n 2 21 9 I 2. 18 1 1 68 / \ ) , _ C _ 30 LEGEND ■ e EXISTING CITY LIMITS LINE ■ PROPOSED CITY LIMITS LINE PROP. ROW PROP. UNIT LINE PROP. AREA TO BE TRANSFERRED TO CITY OF SCHERTZ PROP. 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(� 34 3 / 1 1 \ 6 1 14 / 7 / / 1 �jO 60 C� 6 28 42 24 47 1 1 24 i i 6 / 61 p -� , 33 1 34 30 15 i 7 1 2 4 1 �1 5 1 / 62 1 ► w 25 1 32 1 1 48 1 I 35 63 8 26 27 _ 5 1 1 28 27 25 26 ►1 31 ' i' ' ' 64 9 25 40 , 31 - - 49 26 1 � 4 32 65 24 1 39 30 1 50 1 / � 10 ► 27 6 1 / , l ' . 1 1 1 - - - - I 37 3 i l l 66 12 C:D 38 28 51 2 � 22 � / / , 29 29 30 31 3 1 1g 20 21 III 1 / 67 13 1 23 2 1 37 29 , 1 28 8 1 1 52 1 38 2 ► 4 n 2 21 9 I 2. 18 1 1 68 / \ ) , _ C _ 30 LEGEND ■ e EXISTING CITY LIMITS LINE ■ PROPOSED CITY LIMITS LINE PROP. ROW PROP. UNIT LINE PROP. AREA TO BE TRANSFERRED TO CITY OF SCHERTZ PROP. AREA TO BE TRANSFERRED TO CITY OF CIBOLO ETJ HOMESTEAD CITY LIMIT TRANSFER EXHIBIT 0 200' SCALE: 1" = 200' MALONE*WHEELER SINCE �NC.1995 _ CIVIL ENGINEERING * DEVELOPMENT CONSULTING * PROJECT MANAGEMENT 5113 Southwest Pkwy, Suite 260 Austin, Texas 78735 Phone: (512) 899 -0601 Fax: (512) 899 -0655 Firm Registration No. F -786 Agenda No. I l CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Engineering Subject: Resolution No. 17 -R -50 — A Resolution of the City Council of the City of Schertz, Texas, authorizing and approving a one -year extension of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc., for professional services and all matters in connection therewith BACKGROUND The City of Schertz advertised for Request for Qualifications (RFQ) for On -Call Engineering Firms in February 2014. Statements of Qualifications were received by the City of Schertz on March 18, 2014. Statements were received from 26 firms. A panel of five City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Understanding of the requirement; 2. Management ability; 3. Commitment to quality; 4. Qualifications and experience of key personnel; 5. Resources and facilities; 6. Relevant prior experience; and 7. Past performance, particularly with City contracts. The panel met on several occasions to discuss the submittals and come to consensus regarding six firms to be invited for personal interviews. Interviews were held with the firms at the end of April. The panel again met to discuss results of the interviews. On July 1, 2014, following a recommendation from Staff, the City Council authorized the award of an On Call Engineering Services Master Agreement (Agreement) to each of the following consulting engineering firms: • Cobb, Fendley & Associates, Inc. • Ford Engineering, Inc. • Lockwood, Andrews & Newman, Inc. • Pape- Dawson Engineers, Inc. Having this group of firms available for consultation allows the City to utilize the most qualified firm for each particular project based on the particular engineering qualifications and experience. Once a project is identified and consulting services are needed, Staff identifies which of the four on -call firms is best suited for the project. A proposed scope, fee, and schedule is requested and a project - specific agreement will be negotiated with that firm. The award of the On -Call Agreement allows the City to avoid an RFQ process for every project — small or large — and to enter into a contract with a firm already fully vetted and deemed to be best qualified for the project. The duration of the agreements for On -Call Engineering Services was in effect for a period of three years (through July 7, 2017). Section 1. of the Agreements provides for a maximum of two extensions for a period of one year each if approved by City Council. Regardless of approval of extension, the Agreement remains in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated. Cobb, Fendley & Associates, Inc., is currently providing professional services for the Woman Hollering Creek Wastewater Main project that is currently projected to be complete in late 2018. Goal: Approve Resolution 17 -R -50 approving a one -year extension of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc. Community Benefit: The City will be able to utilize the most qualified firm for each particular project based on the firm's qualifications and experience, resulting in an effective and efficient project process to insure that the citizens and businesses of Schertz are provided with top -notch facilities and services. Given the substantial amount of time and effort engineering firms put into the responses to RFQs and the amount of time it takes the firms to understand the requirements and specifications of the City, extending the agreements provides the best value to the community. Summary of Recommended Action: Approve Resolution 17 -R -50 approving a one -year extension of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc. FISCAL IMPACT Fiscal impact varies with particular projects and the use of a specific firm and their fee schedule as outlined in the Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution 17 -R -50 ATTACHMENT(S) Resolution 17 -R -50 On Call Engineering Services Master Agreement RESOLUTION NO. 17 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A ONE -YEAR EXTENSION TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Cobb, Fendley & Associates, Inc., through Resolution 14 -R -54; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Cobb, Fendley & Associates, Inc.; and WHEREAS, the City of Schertz has on -going project agreements with Cobb, Fendley & Associates, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Cobb, Fendley & Associates, Inc. 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 11th day of July, 2017. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 ORIGINAL CITY OF SCHERTZ ON CALL ENGINEERING SERVICES MASTER AGREEMENT THE STATE OF TEXAS § § GUADALUPE COUNTY § This On Call Engineering Services Agreement (Agreement) is made and entered into by and between the City of Schertz, Texas (City), a Texas municipality, and Cobb, Fendley & Associates, Inc. (Professional). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of three years from its execution unless terminated as provided for herein. This Agreement may be extended if approved by the City Council for a period of one year. A maximum of two extensions may be made. This Agreement shall remain in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's three year authority to provide the Services provided for herein, and other consideration the sufficiency and receipt of which is hereby acknowledged, the Professional shall provide on -call engineering services to the City for purposes of general consulting, design, bid, and construction phase services the City of Schertz to include: 1. Water Transmission and distribution 2. Wastewater collection and conveyance 3. Streets, drainage and site work Projects for which services will be needed may include new infrastructure, miscellaneous improvements, modifications, and upgrades to existing facilities, which will require a Scope of Services to be provided by a qualified consultant(s) or consulting firm(s) or team. (B) The Professional shall provide plans, technical specifications, bid and construction phase support, and other related services, as requested, not limited to: 1. General Service including presentations at meetings and other Professional services as requested. On Call Engineering Services Master Agreement CobbFendley 2014 Page 7 of 6 2. Design services including field surveys, testing, design concepts. providing probable construction costs, document progress intervals, provide detailed plans and specifications, and other related services to design the project and prepare it to bid. 3. Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as required for the approval of all necessary permits. 4. During construction phase, provide construction stakes as requested, prepare change orders, specifications and documentation, make recommendations on Contractor change order requests, attend progress meetings and monitor construction schedule, provide observation and owner representation during construction, review and process all submittals, recommend substantial completion of the project, prepare record drawings, perform final inspection and report on final completion of the project. The provisions of Service required shall be referred to herein as the "Scope of Work'. (C) The quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (D) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (E) The Professional may rely upon the accuracy of reports and surveys provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. (F) The Professional shall be required to execute a project contract in substantially the same form as the attached "Exhibit A" for each assigned Scope of Services project. Section 3. Compensation. The Professional shall be compensated pursuant to the agreed upon fee schedule which shall be "Exhibit B" to this Agreement. Section 4. Time of Completion. The prompt completion of the services relating to any Scope of Work is critical to the City. Unnecessary delays in providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar On Call Engineering Services Master Agreement CobbFendley 2014 Page 2 of 6 days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. On Call Engineering Services Master Agreement CebbFendley 2014 Page 3 of 6 Section 6. Termination. (A) This Agreement may be terminated: 1. By the mutual agreement and consent of both Professional and City; 2. By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; 3. By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. On Call Engineering Services Master Agreement CobbFendley 2014 Page 4 of 6 Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law: Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. On Call Engineering services Master Agreement CobbFendley 2014 Page 5 of 6 Section 17. Entire Aareement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations: Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this the Ipt- day of J .2014. CITY- By: Name: hn C. `essel Title: City Manager ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 /. %�� S_ c� J✓ PROFESSIONAL Cobb, Fendley & Associates, Inc. 13430 Northwest Freeway, Suite 1100 Houston, TX 77040 On Call Engineering Services Master Agreement CobbFendley 2014 Page 6 of 6 CITY OF SCHERTZ PROJECT AGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and /or "OWNER", and CONSULTANT NAMEAND ADDRESS. Engincer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE 1 DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT I PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 BILLING RATE SCHEDULE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 Page 1 ARTICLE 1: DEFINITIONS AS USED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE MEANINGS AS SET OUT BELOW: Agreement means this Master Agreement between CITY and CONSULTANT that establishes the terms and conditions for all Projects to be carried out under this Agreement. Application for Compensation means the form CONSULTANT uses to make a request to be paid for completed services. Application for Payment means the form CONSTRUCTION CONTRACTOR uses to make a request to be paid for completed work. Certificate for Payment means the form CONSULTANT uses to make recommendations on CONSTRUCTION CONTRACTOR'S Application for Payment. CITY means the City of Schertz, Texas. Claim means a demand or assertion by one of the parties seeking, as a matter of right, adjustment, or interpretation of the terms of this Agreement, payment of money, extension of time, or other relief with respect to the terms of this Agreement. The term "claim" also includes other disputes and matters in question between the OWNER and CONSULTANT arising out of or relating to this Agreement. Compensation means amounts paid by CITY to CONSULTANT for completed services under this Agreement. CONSTRUCTION CONTRACTOR means the firm hired by CITY to construct the Project. Construction Contract Documents means the contract between the CITY and the firm contracted by CITY to construct the Project and all documents therein. CONSULTANT means the entity named on the cover page of this Agreement and its officers, partners, employees, agents, and representatives, and all its subconsultants, if any, and all other persons or entities for which CONSULTANT is legally responsible. means CITY's City Engineer. Final Compensation means the final amounts paid by CITY to CONSULTANT for completed services under this Agreement. Final Payment means the final amounts paid by CITY to CONSTRUCTION CONTRACTOR for completed work under the construction contract. Project Agreement for Engineering Services rev 03122014 Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Construction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement/construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and/or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. ARTICLE 2: SCOPE OF SERVICES 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written summary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 03122014 Page 3 2.3 CONSULTANT, in consideration for the Compensation herein provided, shall render the professional Services described in this Section that are necessary for the development of the Project, including plans and specifications, construction management services, any special and general conditions, and instructions to bidders as acceptable to the Engineer, or his or her duly authorized representative. 2.4 CONSULTANT shall complete a Project in accordance with the following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments 1 and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 03122014 Page 4 2.6.7 In case of conflicts, follow and comply with the most stringent requirements for the Design Phases. 2.6.8 Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as required for the approval of all necessary permits (determined during scoping for each individual project). 2.6.9 Provide detailed plans and specifications for the Project at appropriate progress intervals in requested formats (may include hard copy, .pdf, and .dwg). 2.6.10 Provide Opinion of Probably Construction Cost. 2.7 During Bid Phase CONSULTANT shall: 2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents 2.7.2 Provide bid sets of contract, technical specifications, plans, and any other necessary documents in hard copy and digital format. 2.7.3 Attend pre -bid conference and prepare responses to questions and addenda as necessary. 2.7.4 Research qualifications and references of apparent low bidder(s) and provide a letter of recommendation for contract award. 2.8 During Construction Phase: 2.8.1 CONSULTANT shall monitor construction schedule. 2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site at intervals appropriate to the Phases to (1) become generally familiar with and to keep CITY informed about the progress and quality of the portion of the Work completed, and (2) endeavor to guard CITY against defects in Work. However, CONSULTANT will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. 2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work since these are solely CONSTRUCTION CONTRACTOR'S rights and responsibilities under the Contract Documents. CONSULTANT'S efforts will be directed toward providing for CITY a greater degree of confidence that the completed Work will generally conform to the Contract Documents. 2.8.4 CONSULTANT will not be responsible for CONSTRUCTION CONTRACTOR'S failure to perform the Work in accordance with the requirements of the Contract Documents. CONSULTANT will not have control Project Agreement for Engineering Services rev 03122014 Page 5 over or charge of and will not be responsible for acts or omissions of CONSTRUCTION CONTRACTOR, subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 2.8.5 CONSULTANT and CITY have authority to reject Work that does not conform to the Contract Documents. Whenever CONSULTANT or CITY considers it necessary or advisable, either CITY or CONSULTANT may require inspection or testing of the Work whether or not such Work is fabricated, installed or completed. However, neither this authority of CONSULTANT or CITY, nor a decision made by either, in good faith, to require or not require an inspection shall give rise to a duty or responsibility of CONSULTANT or CITY to CONSTRUCTION CONTRACTOR, subcontractors, material and equipment suppliers, agents or employees, or other persons or entities performing portions of the Work. 2.8.6 CONSULTANT will review and approve or take other appropriate action upon CONSTRUCTION CONTRACTOR'S submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. CONSULTANT will respond to submittals such as Shop Drawings, Product Data, and Samples pursuant to the procedures set forth in the Project specifications. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of equipment or systems, all of which remain the responsibility of CONSTRUCTION CONTRACTOR as required by the Contract Documents. CONSULTANT'S review of CONSTRUCTION CONTRACTOR'S submittals shall not relieve CONSTRUCTION CONTRACTOR of its obligations. CONSULTANT'S review shall not constitute approval of safety precautions or any construction means, methods, techniques, sequences or procedures unless otherwise specifically stated by CONSULTANT. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.8.7 CONSULTANT will, within three work days after receipt of CONSTRUCTION CONTRACTOR'S Application for Payment review the Application for Payment and either issue to OWNER and/or the affected utility a Certificate for Payment for such amount as CONSULTANT determines is properly due, or notify OWNER, any affected utility, and CONSTRUCTION CONTRACTOR in writing of CONSULTANT'S reasons for withholding recommendation of approval in whole or in part. 2.8.8 CONSULTANT'S issuance of a Certificate for Payment will constitute a representation by CONSULTANT to OWNER, based on CONSULTANT'S evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of CONSULTANT'S knowledge, information and belief, the quality of the work is in accordance with the design agreement documents or Construction Contract Documents. The foregoing representations are subject to an evaluation of the Project Agreement for Engineering Services rev 03122014 Page 6 Work for conformance with the design agreement documents, to results of subsequent tests and inspections, to correction of minor deviations from the design agreement documents prior to completion, and to any specific qualifications expressed by CONSULTANT. The issuance of a Certificate for Payment based on the CONSTRUCTION CONTRACTOR'S Application for Payment will further constitute a representation that CONSTRUCTION CONTRACTOR is entitled to payment in accordance with the Schedule of Values. The issuance of Certificate for Payment will not be a representation that CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Construction Contractor's right to payment, or (4) made any examination to ascertain how or for what purpose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if, in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or a part of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third patty claims filed or reasonable evidence indicating probable filing of such claims for which CONSTRUCTION CONTRACTOR is responsible hereunder unless security acceptable to OWNER and the affected utility is provided by CONSTRUCTION CONTRACTOR; 2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments properly to the subcontractors and/or material providers; 2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the agreement sum and CONSTRUCTION CONTRACTOR has failed to provide OWNER and the affected utility adequate Project Agreement for Engineering Services rev 03122014 Page 7 assurance of its continued performance within a reasonable time after demand; 2.8.9.5 damage to OWNER or another contractor; 2.8.9.6 reasonable evidence that the Work will not be completed within the agreement time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out the Work in accordance with the Construction Contract Documents. 2.8.10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall carry out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to fiunish such interpretations until 15 days after written request is made for CONSULTANT'S interpretation. 2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and reasonably inferable from the Construction Contract Documents and will be in writing or in the form of drawings. 2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but CITY reserves the right to issue instructions directly to CONSTRUCTION CONTRACTOR through inspectors or other designated CITY representatives. 2.8.15 CONSULTANT and CITY will conduct observations to determine the date of substantial completion of the Work. CONSULTANT shall provide to CITY a written recommendation of consideration of substantial completion of the Project. 2.8.16 CONSULTANT and CITY will conduct observations to determine the date of final completion. CONSULTANT will receive and forward to CITY, for CITY'S Project Agreement for Engineering Services rev 03122014 Page 8 review and records, written warranties and related documents required by the Construction Contract Documents and assembled by CONSTRUCTION CONTRACTOR, and will issue a final Approval for Payment upon compliance with the requirements of the Construction Contract Documents. Such final Approval will be accompanied by a signed and sealed statement from the CONSULTANT'S Engineer of Record that certifies to CITY that the project was constructed in accordance with the approved plans and specifications. 2.8.17 CONSULTANT shall prepare record drawings from information submitted by CONSTRUCTION CONTRACTOR and fiorn CONSULTANT'S own observations in accordance with City standards. CONSULTANT shall provide record drawings in hard copy, .pdf, and .dwg formats to CITY. ARTICLE 3: COMPENSATION FOR SERVICES 3.1 Basic Services 3.1.1 Compensation for all Services included in this Agreement will be on a time and expense not -to- exceed basis in accordance with the negotiated, approved schedule of billing rates as set forth in Attachment 3. Not -to- exceed compensation amounts, to the extent they have been negotiated shall be reflected in Attachment 3. A Proposal including a not -to- exceed cost will be provided by CONSULTANT along with a Scope of Services for each Project (Attachments 1 and 2). The amount to be paid to CONSULTANT, including authorized adjustments, is the total amount payable by OWNER to CONSULTANT for performance of the Services for the Project under this Agreement. It is agreed and understood that such amount will constitute full compensation to CONSULTANT for Services included in the Scope of Services and shall meet all requirements of CITY'S design guidelines applicable to the Project. Unless and until CITY makes further appropriations for any Services not included in the Scope of Services of this Agreement, the obligation of CITY to CONSULTANT for Compensation in connection with this Agreement cannot and will not exceed the sum described in this Section without further amendment to this Agreement. 3.1.2 No billing rate changes from those approved as Attachment 3 of this Agreement shall be made during the term of this Agreement without the prior written approval of CITY. 3.1.3 CONSULTANT shall submit monthly invoices to CITY describing the Services performed the preceding month. CONSULTANT'S invoices shall include the name of the person who performed the Service, a brief description of the Service performed and the Phase of the Project to which the Service relates, the date(s) the Service was performed, the number of hours spent on all Services billed on an hourly basis, and a description of any subconsultant fees and/or reimbursable expenditures. Project Agreement for Engineering Services rev 03122014 Page 9 3.1.4 CITY shall reimburse CONSULTANT only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by CITY. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by CONSULTANT: 3.1.4.1 Approved reproduction charges, 3.1.4.2 Actual costs of subconsultant(s) for performance of any of the Services that CONSULTANT agrees to provide pursuant to this Agreement, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation from OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. Project Agreement for Engineering Services rev 03122014 Page 10 3.1.7 CONSULTANT warrants that title to all deliverables produced in the performance of Services covered by an Application for Compensation will pass to OWNER no later than the time of payment. CONSULTANT further warrants that upon submittal of an Application for Compensation, all Services for which Applications for Compensation have been previously issued and payments received from OWNER shall, to the best of CONSULTANT'S knowledge, information and belief be free and clear of liens, claims, security interests or encumbrance in favor of CONSULTANT, or other persons or entities under contract with CONSULTANT making a claim by reason of having provided labor or services relating to CONSULTANT'S Services. CONSULTANT SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY OWNER TO CONSULTANT. 3.2 Additional Services 3.2.1 CONSULTANT shall not receive any compensation for additional Services without prior written authorization of CITY. Compensation for duly authorized additional Services shall be paid in accordance with the approved schedule of billing rates as set forth in Attachment 3. 3.2.2 Examples of additional Services (not all inclusive) 3.2.2.1 Assistance to CITY as an expert witness in any litigation with third patties arising from the development of construction of a Project including the preparation of engineering data and reports. 3.2.2.2 Preparation of plats and field notes for acquisition of property. 3.2.2.3 Preparation of applications and supporting documents for governmental grants, loans, or advances in connection with a Project; preparation of review of environmental assessment and impact statements; review and evaluation of the effect on the design requirements of a Project of any such statements and documents prepared by others; and assistance in obtaining approval of authorities having jurisdiction over the anticipated environmental impact of a Project. 3.2.2.4 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of CONSULTANT. 3.2.2.5 Making revisions to drawings or specifications occasioned by acceptance of substitutions proposed by CONSTRUCTION CONTRACTOR; and Services after the award of each contract in Project Agreement for Engineering Services rev 03122014 Page 11 evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by CONSTRUCTION CONTRACTOR. 3.2.2.6 Preparing drawings, specifications, and supporting data and providing other Services in connection with change order requests to the extent that the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the Services required of CONSULTANT, provided such change order requests are required by causes not solely within the control of CONSULTANT; or in connection with change orders requiring significant engineering effort to compute and document the Work effort reflected by the Change Order. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and/or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR. 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 03122014 Page 12 3.2.2.13 Providing Services of geoteclmical engineering firm to perform test borings and other soil or foundation investigations and related analysis not included in original Scope of Services for a Project. 3.2.2.14 Additional copies of Construction Contract Documents, review documents, bidding documents, reports, and or drawings over the number specified in the original Scope of Services for a Project. 3.2.2.15 Preparation of all documents dealing with 404 permits and railroad agreements. 3.2.2.16 Providing photographs, renderings, or models for CITY use. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD OF PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment- 4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits to OWNER its affidavit that the invoices for services, and other liabilities connected with the services for which OWNER, or OWNER'S property, might be responsible have been fully paid or otherwise satisfied or will be paid from final payment; releases and waivers of liens from all CONSULTANT'S subconsultants and of any and all other parties required by OWNER that are either unconditional or conditional on receipt of final payment; certificates of insurance showing continuation of required insurance coverage; such other documents as OWNER may request; and consent of surety to final payment. 4.2.2 Final Compensation — The final compensation to be made by CITY to CONSULTANT will be payable upon submission of the "Record Drawings ". CONSULTANT agrees to submit "Record Drawings: in print media, electronic format (.pdf and .dwg formats) and final billing within 45 days of final acceptance of construction. Additionally, CONSULTANT agrees to submit a statement of release with the final billing notifying CITY that there is no further compensation owed to CONSULTANT by CITY beyond the final bill. Final billing shall indicate "Final Bill — no additional compensation is due to CONSULTANT ". Project Agreement for Engineering Services rev 03122014 Page 13 4.3 OWNER may withhold compensation to such extent as may be necessary, in OWNER'S opinion, to protect OWNER from damage or loss for which CONSULTANT is responsible, because of, 4.3.1 delays in the performance of CONSULTANT'S services; 4.3.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to OWNER is provided by CONSULTANT; 4.3.3 failure of CONSULTANT to make payments properly to subconsultants or vendors for labor, materials or equipment; 4.3.4 reasonable evidence that CONSULTANT'S work cannot be completed for the amount unpaid under this Agreement; 4.3.5 damage to OWNER or CONSTRUCTION CONTRACTOR; or 4.3.6 persistent failure by CONSULTANT to carry out the performance of its Services in accordance with this Agreement. 4.4 When the above reasons for withholding are removed or remedied by CONSULTANT, compensation of the amount withheld will be made within a reasonable time. OWNER shall not be deemed in default by reason of withholding compensation as provided for in this Article. 4.5 In the event of any dispute(s) between the parties regarding the amount properly payable for any Phase or as final Compensation, or regarding any amount that may be withheld by OWNER, CONSULTANT shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event CONSULTANT does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 4.6 OWNER shall make final compensation for all sums due CONSULTANT not more than 30 days after CONSULTANT'S final Application for Compensation. 4.7 Acceptance of final compensation by CONSULTANT shall constitute a waiver of claims except those previously made in writing and identified by CONSULTANT as unsettled at the time of final Application for Compensation. 4.8 CONSULTANT agrees to maintain adequate books, payrolls and records satisfactory to OWNER and all applicable utility providers in connection with any and all Services performed hereunder. CONSULTANT agrees to retain all such books, payrolls and records (including data stored in computer) for a period of not less than four years after completion of Work. At all reasonable times, OWNER and all applicable utility providers and their duly authorized representatives shall have access to all personnel of CONSULTANT and all such books, payrolls and records, and shall have the right to audit same. Project Agreement for Engineering Services rev 03122014 Page 14 ARTICLE 5: TIME, SCHEDULE, AND PERIOD OF SERVICE 5.1 Prior to commencement, CONSULTANT shall provide CITY with a schedule of Project Design Phases, Attachment 2. 5.2 Time is of the essence of this Agreement. CONSULTANT shall perform and complete its obligations for the various Phases of a Project under Section 4, Scope of Services, of this Agreement in a prompt and continuous manner so as to not delay the development of the design Services and so as to not delay the construction of the work for the Project in accordance with the schedules approved by CITY with CONSTRUCTION CONTRACTOR. Upon review of phase Services, if corrections, modifications, alterations, or additions are required of CONSULTANT, these items shall be completed by CONSULTANT before that Phase is approved. 5.3 CONSULTANT shall not proceed with the next appropriate Phase of Services without written authorization from the Engineer. CITY may elect to discontinue CONSULTANT'S Services at the end of any Phase for any reason. Notwithstanding any other provisions of this Agreement, if circumstance dictates, the Engineer may make adjustments to the scope of CONSULTANT'S obligations at any time to achieve the required design. 5.4 CONSULTANT shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations, or any other causes beyond CONSULTANT'S reasonable control. Within 21 days from the occurrence of any event for which time for performance by CONSULTANT will be significantly extended under this provision, CONSULTANT shall give written notice thereof to CITY stating the reason for such extension and the actual or estimated time thereof. If CITY determines that CONSULTANT is responsible for the need for extended time, CITY shall have the right to make a Claim as provided in this Agreement. 5.5 Term of Agreement shall be as follows: 5.5.1 This Agreement shall become effective upon and shall remain in effect until satisfactory completion of the Project unless terminated as provided for in this Agreement. ARTICLE 6: COORDINATION WITH CITY 6.1 CONSULTANT shall hold periodic conferences with the Engineer or his or her representatives to the end that the Project as developed shall have the full benefit of CITY'S experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist CONSULTANT in this coordination, CITY shall make available for CONSULTANT'S use in planning and designing the Project all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to this particular Project, at no cost to CONSULTANT. However, any and all such information shall remain the property of CITY and shall be returned by Project Agreement for Engineering Services rev 03122014 Page 15 CONSULTANT upon termination or completion of the Project or if instructed to do so by the Engineer. 6.2 The Engineer will act on behalf of CITY with respect to the Services to be performed under this Agreement. The Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT'S services. 6.3 CITY will give prompt written notice to CONSULTANT whenever CITY observes or otherwise become aware of any defect in CONSULTANT'S Services, in the work of CONSTRUCTION CONTRACTOR, or any development that affects the scope or timing of CONSULTANT'S Services. 6.4 All appraisals, notices, and permits shall be furnished by CONSULTANT under the Scope of Services unless otherwise assigned to CITY in the Scope of Services, Approvals and permits assigned to CITY shall be obtained from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for the completion of the Project. CONSULTANT will provide CITY reasonable assistance in connection with such approvals and permits such as the furnishing of data compiled by CONSULTANT pursuant to other provisions of this Agreement, but CONSULTANT shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions of this Agreement. ARTICLE 7: REVISIONS TO DRAWINGS AND SPECIFICATIONS 7.1 CONSULTANT shall make without expense to CITY such revisions to the drawings, reports or other documents as may be required to meet the needs of CITY which are within the Scope of Services, but after the approval of drawings, reports or other documents and specifications by CITY, any revisions, additions, or other modifications made at CITY'S request which involve extra services and expenses to CONSULTANT shall be at additional compensation to CONSULTANT for such additional Services and expenses in accordance with Article 3 herein. Project Agreement for Engineering Services rev 03122014 Page 16 ARTICLE 8: OWNERSHIP OF DOCUMENTS 8.1 All previously owned documents, including the original drawings, estimates, specifications, and all other documents and data by CONSULTANT, will remain the property of CONSULTANT as instruments of service. However, CONSULTANT understands and agrees that CITY shall have free access to all such information with the right to make and retain copies of previously owned drawings, estimates, specifications and all other documents and data. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. 8.2 All completed documents submitted by CONSULTANT for final approval or issuance of a permit shall bear the seal with signature and date adjacent thereto of a registered professional engineer licensed to practice in the State of Texas. 8.3 CONSULTANT acknowledges and agrees that upon payment, CITY shall own exclusively any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to, or as a result of this Agreement and shall be used as CITY desires and documents, including the original drawings, estimates, specifications and all other documents and data shall be delivered to CITY at no additional cost to CITY upon request or termination or completion of this Agreement without restriction on future use. However, any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.4 CONSULTANT agrees and covenants to protect any and all proprietary rights of CITY in any materials provided to CONSULTANT. Such protection of proprietary rights by CONSULTANT shall include, but not be limited to, the inclusion in any copy intended for publication of copyright mark reserving all rights to CITY. Additionally, any materials provided to CONSULTANT by CITY shall not be released to any third party without the written consent of CITY and shall be returned intact to CITY upon termination or completion of this Agreement or if instructed to do so by the Engineer. 8.5 CONSULTANT HEREBY ASSIGNS ALL STATUTORY AND COMMON LAW COPYRIGHTS TO ANY COPYRIGHTABLE WORK THAT IN PART OR IN WHOLE WAS PRODUCED FROM THIS AGREEMENT TO CITY, INCLUDING ALL EQUITABLE RIGHTS. NO REPORTS, MAPS, DOCUMENTS OR OTHER COPYRIGHTABLE WORKS PRODUCED IN WHOLE OR IN PART BY THIS AGREEMENT SHALL BE SUBJECT OF AN APPLICATION FOR COPYRIGHT BY CONSULTANT. ALL REPORTS, MAPS, PROJECT LOGOS, DRAWINGS OR OTHER COPYRIGHTABLE WORK PRODUCED UNDER THIS AGREEMENT SHALL BECOME THE PROPERTY OF CITY (EXCLUDING ANY PRIOR OWNED INSTRUMENT OF SERVICES, UNLESS OTHERWISE SPECIFIED HEREIN). CONSULTANT SHALL, AT ITS EXPENSE, INDEMNIFY CITY AND DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY AND PAY ANY AWARD OF DAMAGES OR LOSS RESULTING FROM AN INJUNCTION, AGAINST CITY, INSOFAR AS THE SAME ARE BASED ON ANY Project Agreement for Engineering Services rev 03122014 Page 17 CLAIM THAT MATERIALS OR WORK PROVIDED UNDER THIS AGREEMENT CONSTITUTE AN INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. 8.6 CONSULTANT may make copies of any and all documents and items for its files. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications and other documents by other engineers, or other persons, subsequent to the completion of the Project. CONSULTANT shall appropriately mark all changes or modifications on all drawings, specifications and other documents by other engineers or other persons, including electronic copies, subsequent to the completion of the Project. 8.7 Copies of documents that may be relied upon by CITY are limited to the printed copies (also known as hard copies) and .pdf- format electronic versions that are sealed and signed by CONSULTANT. Files in editable electronic media format of text, data, graphics, or other types (such as .dwg) that are furnished by CONSULTANT to CITY are only for convenience of CITY or any utility. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.8 Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of CONSULTANT, unless expressly purchased by CITY, including but not limited to any computer software (object code and source code), tools, systems, equipment or other information used by CONSULTANT or its suppliers in the course of delivering the Services hereunder, and any know -how, methodologies, or processes used by CONSULTANT to provide the services or protect deliverables to CITY, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of CONSULTANT or its suppliers. ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform under this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 03122014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the suspension. Termination (under this paragraph) shall become effective immediately upon receipt of said written notice by CITY. 9.4 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Termination 9.4.1 Upon receipt of a notice of termination and prior to the effective date of termination, unless the notice otherwise directs or CONSULTANT immediately takes action to cure a failure to perform under the cure period set out in this Article. CONSULTANT shall immediately begin the phase -out and the discontinuance of all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within 30 days after receipt of such notice of termination (unless CONSULTANT has successfully cured a failure to perform) CONSULTANT shall submit a statement showing in detail the Services performed under this Agreement prior to the effective date of termination. CITY shall have the option to grant an extension to the time period for submittal of such statement. 9.4.2 Copies of all completed or partially completed specifications and all reproductions of all completed or partially completed designs, plans and attachments prepared under this Agreement prior to the effective date of Project Agreement for Engineering Services rev 03122014 Page 19 termination shall be delivered to CITY, in the form requested by CITY as a precondition to final payment. These documents shall be subject to the restrictions and conditions set forth in Article IX above. 9.4.3 Upon the above conditions being met, CITY shall promptly pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of the Compensation. 9.4.4 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims for compensation for services performed under this Agreement by CONSULTANT. 9.4.5 Failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims to collect monies that CONSULTANT may otherwise be entitled to for services performed under this Agreement. 9.5 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Suspension 9.5.1 Upon receipt of written notice of suspension, which date shall also be the effective date of the suspension, CONSULTANT shall, unless the notice otherwise directs, immediately begin to phase -out and discontinue all services in connection with the performance of this Agreement and shall proceed to promptly suspend all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. 9.5.2 CONSULTANT shall prepare a statement showing in detail the Services performed under this Agreement prior to the effective date of suspension. 9.5.3 Copies of all completed or partially completed designs, plans, and specifications prepared under this Agreement prior to the effective date of suspension shall be prepared for possible delivery to CITY but shall be retained by CONSULTANT until such time as CONSULTANT may exercise the right to terminate. 9.5.4 In the event that CONSULTANT exercises the right to terminate 120 days after the effective suspension date, within 30 days after receipt by CITY of CONSULTANT'S notice of termination, CONSULTANT shall promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement and shall submit the above referenced statement showing in detail the services performed under this Agreement prior to the effective date of suspension. 9.5.5 Any documents prepared in association with this Agreement shall be delivered to CITY as a precondition to final payment. Project Agreement for Engineering Services rev 03122014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and/or documents. ARTICLE 10: CONSULTANT'S WARRANTY 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 11.1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 12.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or Project Agreement for Engineering Services rev 03122014 Page 21 circumstances surrounding this contract.. In no instance will CITY allow modification whereupon CITY may incur increased risk. 12.3 CONSULTANT'S financial integrity is of interest to CITY. Therefore, subject to CONSULTANT'S right to maintain .reasonable deductibles in such amounts as are approved by CITY, CONSULTANT shall, obtain and maintain in full force and effect for the duration of this Agreement, and any- _cgtgnsion hereof, at CONSULTANT'S sole expense, insurance coverage written - op,ank occurrence or claims made basis, as appropriate, by companies authorized and npproyed to do business in the State of Texas and with an A.M. Best's rating of no less th4l, A- (VII), in the following types and for an amount not less than the amount listed: ,, ,, •- INSURANCE RE(*JfREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability a. Owned /Leased Vehicles b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) Stafufory ..k ,,OQ0, 000, 000 /$1,000,000,000 /$1,000,000,000 For -bodily Injury and Property Damage of $11;000,000 per occurrence. 12;000,000 General Aggregate, or its equivalent ,in Umbrella or Excess Liability Coverage C8rabined Single Limit for Bodily Injury and "�prop6rtyDamage of $1,000,000 per occurrence f - A6,000 per claim to pay on behalf of the 'insured' all sums, which the insured shall become legally obligated to pay as damages to ahe_extent caused by any negligent act, error, or ,:omission in the performance of professional sery Qcs. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 12.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such Project Agreement for Engineering Services, rev 03122014 Page 22 policies). CONSULTANT shall attempt to comply with any such requests, subject to the policy terms and conditions, and shall submit a copy of the replacement certificate of insurance to CITY at the address provided below within 10 days of the requested change, in the event the respective insurance companies approve the requested change(s). CONSULTANT shall pay any costs incurred resulting from said changes. City of Schertz Attn: City Engineer 10 Commercial Place Schertz, TX 78154 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a. suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. Project Agreement for Engineering Services rev 03 122 014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 12.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. ARTICLE 13: INDEMNIFICATION 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY HIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT, ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of CONSULTANT'S activities under this Agreement. Project Agreement for Engineering Services rev 03122014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 14: CLAIMS AND DISPUTES 14.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of this Agreement's terms, payment of money, and extension of time or other relief with respect to the terns of this Agreement. The term "Claim" also includes other disputes and matters in question between OWNER and CONSULTANT arising out of or relating to this Agreement. Claims must be initiated by written notice. Every Claim of CONSULTANT, whether for additional Compensation, additional time, or other relief, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind CONSULTANT by signature) of CONSULTANT, verifying the truth and accuracy of the Claim. The responsibility to substantiate Claims shall rest with the party making the Claim. 14.2 Time Limit on Claims. Claims by CONSULTANT or by OWNER must be initiated within 30 calendar days after occurrence of the event giving rise to such Claim. Claims by CONSULTANT must be initiated by written notice to OWNER. Claims by the OWNER must be initiated by written notice to CONSULTANT. 14.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, CONSULTANT shall proceed diligently with performance of this Agreement and OWNER shall continue to make payments in accordance with this Agreement. 14.4 Claims for Additional Time. If CONSULTANT wishes to make Claim for an increase in the time for performance, written notice as provided in this Article 14 shall be given. CONSULTANT'S Claim shall include an estimate of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 14.5 Claims for Consequential Damages. Except as otherwise provided in this Agreement, in calculating the amount of any Claim or any measure of damages for breach of contract (such provision to survive any termination following such breach), the following standards will apply both to claims by CONSULTANT and to claims by OWNER: 14.5.1 No consequential damages will be allowed. Project Agreement for Engineering Services rev 03122014 Page 25 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE 1S: SEVERABILITY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. Project Agreement for Engineering Services rev 03122014 Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 18.1 All consultants must disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or employee also owns at least 10 %, or having an established business relationship as client or customer. ARTICLE 19: STANDARD OF CARE 19.1 Services provided by CONSULTANT under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 19.2 CONSULTANT shall be represented by a registered professional engineer licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including but not limited to scope meetings, review meetings, pre -bid meetings, and preconstuction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 03122014 Page 27 negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22: VENUE 22.1 The obligations of the parties to this Agreement shall be performable in the City of Schertz or its Extra Territorial Jurisdiction, located in Bexar, Comal, and Guadalupe Counties, Texas, and if legal action, such as civil litigation, is necessary in connection therewith, exclusive venue shall lie in Guadalupe County, Texas. ARTICLE 23: NOTICES 23.1 Except as may be provided elsewhere herein, all notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective party by depositing the same in the United States Postal Service addressed to the applicable address shown below, unless and until either party is otherwise notified in writing by the other party of a change of such address. Mailed notices shall be deemed communicated as of five calendar days of mailing. Notices provided via email shall be deemed communicated as of the next business day after the notice is sent. If intended for CITY, to: If intended for CONSULTANT, to City of Schertz Engineering Department 10 Commercial Place Schertz, Texas 78154 The address listed on the first page of this Agreement. ARTICLE 24: INDEPENDENT CONTRACTOR 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational purposes only and shall not be construed to effect or modify the substance of the terms and conditions of this Agreement to which any caption relates. Project Agreement for Engineering Services rev 03122014 Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of , 20 (the "Effective Date "). CITY OF SCHERTZ CONSULTANT CITY MANAGER Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 29 ATTACHMENT PROJECT SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 Page 30 ATTACHMENT2 PROJECT DESIGN PHASES COST AND TIMELINE PROJECT PHASE ESTIMATED COST TIME IN CALENDAR DAYS Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Phase Construction Phase including Closeout TOTAL ESTIMATED COST (NOT -TO- EXCEED AMOUNT) Project Agreement for Engineering Services rev 03122014 Page 31 ATTACHMENT BILLING RATE SCHEDULE Project Agreement for Engineering Services rev 03122014 Page 32 ATTACHMENT ADDITIONAL SERVICES AND /OR EXPANDED SCOPE OF SERVICES CITY OF SC14ERTZ CITY MANAGER CONSULTANT Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 33 EXHIBIT B COBB. FENDLEY & ASSOCIATES. INC. 2014 STANDARD RATE SCHEDULE #660 January 1, 2014— December 31, 2014 Principal / Chief Engineer.. Senior Engineer............ Senior Project Manager Project Manager ............... Senior Hydrologist ............ Project Engineer III ........... Project Engineer II ............ Project Engineer I ............. Senior Technician ............. Technician III ........................... Technician II ............................ Technician I ............................. ... ............................... (Professional VIII)* .. ................ ..................(Professional VII)* .... ................. .................(Professional VI) *..... ... ............................... (Professional V)* ...... ................ ..................(Professional V) *...... .. ............................... (Professional III) *...... .. ............................... (Professional II)* ....... .. ............................... (Professional 1) *........ ............. ....................(Technician IV) *........ ............. ....................(Technician III) *........ ............. ....................(Technician II) *......... ............. ....................(Technician 1) *.......... Licensed State Land Surveyor ............... ..................(Professional VI) *..... Registered Professional Land Surveyor . ..................(Professional III) *...... 4 -Man Survey Crew ..................................................... ............................... 3 -Man Survey Crew......... 2 -Man Survey Crew.. ................. $250.00 1HR ................. $235.001HR ................. $200.00 1HR ................. $180.00 1HR ................. $180.00 1HR ................. $145.001HR ................. $125.001HR ................. $105.00 1HR ................. $120.00 1HR ................. $105.00 1HR ................... $95.00 1HR ................... $75.00 1HR ................. $200.00 1HR ................ $145.00 1HR ................ $165.00 1HR 1 -Man Survey Crew ........................................................ ............................... Construction Manager ............................ ..................(Professional IV) *........ Senior Field Construction Observer ......................... (Professional 1) *........... Field Construction Observer..... Utility Specialist ........................ Telecommunications Designer. Telecommunications Fieldman. GIS Manager ............................ GIS Analyst ........................ Right -of -Way Agent ........... Administrative .................... Clerical ................. ............ ....................(Technician II) *..........., . ............................... (Professional II)* ......... ............ ....................(Technician II) *............ ............ ....................(Technician I) *............. . ............................... (Professional III) *......... ............ ....................(Technician II) *............ ......... $145.001HR ......... $125.00/HR ......... $105.00 /HR ......... $165.00 /HR ............. $105.00 1HR ............... $90.00 /HR ............. $125.00/HR ............... $95.00 /HR ............... $75.00 /HR ............. $145.00 /HR ............... $95.00 /HR ................................................... ............................... $110.00 /HR ..................................................... ............................... $90.00 /HR ..................................................... ............................... $65.00 /HR * Category labels 'Professional xoC etc. are Inledm designations for 2014 and are to be Implemented In lieu of previous position Was In 2015. EXHIBIT B to CITY OF SCHERTZ ON -CALL ENGINEERING SERVICES MASTER AGREEMENT EXHIBIT B COBB. FENDLEY & ASSOCIATES. INC. 2014 STANDARD RATE SCHEDULE #660 January 1, 2014 — December 31, 2014 (Continued) SUBSURFACE UTILITY ENGINEERING Level C & D (Without Level B) ........... ..................... .................... .............. ..................... $0.45 /Foot Level B — Designation (Without Level C & D) ............................................. ................... $1.43 /Foot Level A — Location (Non- Destructive Excavation): > Vertical Depth: 0 Ft. — 5 Ft . ...................................................................... $1,125/Hole 5 Ft. — 8 Ft . ...................................................................... $1,580 /Hole 8 Ft. — 13 Ft . .................................................................... $1,825/Hole 13 Ft.— 20 Ft . .................................................................... $2,510 /Hole > 20 Ft . .......................................................................... $3,600 /Hole GroundPenetrating Radar ........................................ . ....................................................... $250 /HR SUE Technician (With Equipment) ............................................................ .........................$98 /HR Vacuum Excavation Truck with 2 Technicians ................................... ............................... $250 1HR Traffic Control Officer ................................................................. ..............................@ Cost + 10% Traffic Control (Lane Closures, etc.) .................................... ............................... To Be Negotiated Permits(Local, State, etc.) ......................................................... ..............................@ Cost + 10% Designation & Traffic Control Vehicles ........................................... ............................... $3.40 /Mile LocationVehicles ............................................................................ ............................... $6.80 /Mile REIMBURSABLE EXPENSES TechnologyFee ( ") ........................................................................... ............................... $3.75/HR Consultant or Specialty Contractor (Outside Firm) .................... ..............................@ Cost + 10% Courier, Special Equipment Rental ............................................ ..............................@ Cost + 10% Reasonable Out of Town Travel Expenses (Air, Hotel, Rental, etc.) ... ............................... @ Cost Mileage (Standard Car or Truck) ...................................... ............................... IRS Approved Rate Per Diem for Out of Town Travel (Per Day /Person) .............................. ............................$35 /Day TitlePlant Charges .................................................................... ..............................@ Cost + 10% Other Misc. Expenses Related to the Project ............................ ..............................@ Cost + 10% In -House Reproduction: > Copies (Up to 11" x 17 ") .................................................... ............................... $0.15 /Each > Color Prints (Up to 11 "x 17") ............................ ................................................ $1.50 /Each > Color Prints (Larger than 11 "x 17") ........... ............................... ......................$3.00 /Sq. Ft. > Bluelines (All Sizes) ........................................................... ............................... $1.00 1Each > Bond Prints (All Sizes) .................................. ............................... .....................$2.00 /Each > Mylar Prints .......... ................... .... .................... ....................... ......................... $12.00 /Each > Vellum Prints ................................................ ............................... .....................$9.00 /Each (') Technology charges added to each billable man -hour. EXHIBIT B COBB, FENDLEY & ASSOCIATES. INC. 2014 STANDARD RATE SCHEDULE #660 January 1, 2014— December 31, 2014 Principal / Chief Engineer Senior Engineer .................. Senior Project Manager...... Project Manager............ Senior Hydrologist......... Project Engineer III ........ Project Engineer II ......... Project Engineer I .......... Senior Technician.......... Technician III Technician II Technician I .. Licensed State Land Surveyor .............. Registered Professional Land Surveyor 4 -Man Survey Crew ............................... 3 -Man Survey Crew 2 -Man Survey Crew 1 -Man Survey Crew ...............(Professional VIII) *...... ............... (Professional VII)* ........ ...............(Professional VI) *......... ...............(Professional V) *.......... ...............(Professional V)* .......... ............... (Professional III) *.......... ............... (Professional II) *........... ............... (Professional 1) *............ ...............(Technician IV) *............ ...............(Technician III) *............ ...............(Technician II) *............. ...............(Technician 1) *.............. ...............(Professional VI)* ......... ............... (Professional III) *.......... Construction Manager ............................ ..................(Professional IV) *. Senior Field Construction Observer ....... ..................(Professional 1) *.... Field Construction Observer ................. ....................(Technician II) *..... Utility Specialist ....... ............................... ..................(Professional II) *... Telecommunications Designer ............. ....................(Technician II) *..... Telecommunications Fieldman ............. ....................(Technician I) *...... GIS Manager ........... ............................... ..................(Professional III) *.. GIS Analyst ................................ ............................... (Technician ]I)* ..... Right -of -Way Agent ................................................. ............................... Administrative.......................................................... ............................... Clerical............................................................... ............................... .. $250.00 /HR $235.00/HR $200.00 /HR $180.00 /HR $180.00 /HR $145.00/HR $125.00/HR $105.00 /HR $120.00 /HR $105.00 /HR $95.00 /HR $75.00 /HR ...... $200.00 /HR ...... $145.00/HR .... $165.00/HR .... $145.001HR .... $125.00/HR .... $105.00 /HR $165.00/HR $105.00 /HR .. $90.00 1HR $125.00/HR $95.00 /HR $75.00 /HR $145.00/HR .. $95.00 /HR $110.00 /HR ,. $90.00 /HR . $65.00 /HR * Category labels "professional xe etc. are Interim designations for 2014 and are to be implemented in lieu of previous position lilies in 2015. EXHIBIT B to CITY OF SCHERTZ ON -CALL ENGINEERING SERVICES MASTER AGREEMENT EXHIBIT B COBB. FENDLEY & ASSOCIATES. INC. 2014 STANDARD RATE SCHEDULE #660 January 1, 2014— December 31, 2014 (Continued) SUBSURFACE UTILITY ENGINEERING Level C & D (Without Level B) Level B — Designation (Without Level C & D) ....... Level A — Location (Non- Destructive Excavation): ➢ Vertical Depth: 0 Ft. — 5 Ft ............................. 5 Ft. — 8 Ft ............................. 8 Ft. — 13 Ft ........................... 13 Ft.— 20 Ft ........................... > 20 Ft .. ............................... Ground Penetrating Radar SUE Technician (With Equipment) ........................... Vacuum Excavation Truck with 2 Technicians.......... Traffic Control Officer ................. ............................... Traffic Control (Lane Closures, etc.) ......................... Permits (Local, State, etc.) .............................. : ..... .... Designation & Traffic Control Vehicles ..................... Location Vehicles ....................... ............................... REIMBURSABLE EXPENSES Technology Fee ( *) ................... ............................... Consultant or Specialty Contractor (Outside Firm) .. Courier, Special Equipment Rental .......................... ................. $0.45 /Foot ...$1.43 /Foot .......................$1,125 /Hole ....................... $1,580/Hole ... ....................$1,825 /Hole ... ....................$2,510 /Hole ....................... $3,600 /Hole .............. ............................... $250 /HR ................ ............................... $98 1H R .............. ............................... $250 /HR ...... ..............................@ Cost+ 10% ............................... To Be Negotiated ...... .I ............................@ Cost + 10% .......... ............................... $3.40 /Mile .......... ............................... $6.80 /Mile Reasonable Out of Town Travel Expenses (Air, Hotel, Rental, etc.) .......... Mileage (Standard Car or Truck) ................................. ............................... Per Diem for Out of Town Travel (Per Day /Person) .... ............................... TitlePlant Charges ...................................................... ............................... Other Misc. Expenses Related to the Project .............. In -House Reproduction: • Copies (Up to 11" x 17 ") ... ............................... • Color Prints (Up to 11" x 17 ") ........................... ➢ Color Prints (Larger than 11 "x 17 ") ................. ➢ Bluelines (All Sizes) .......... ............................... ➢ Bond Prints (All Sizes) ...... ............................... ➢ Mylar Prints ....................... ............................... ➢ Vellum Prints .................... ............................... (') Technology charges added to each billable man -hour. .................... $3.751H R ............@ Cost + 10% ............@ Cost + 10% ....................... @ Cost ....IRS Approved Rate ...................... $35 /Da y ............@ Cost + 10% ............@ Cost + 10% .................. ............................... $0.15 /Each .................. ............................... $1.50 /Each ......................... ......................$3.00 /Sq. Ft. .................. ............................... $1.00 1Each .................. ............................... $2.00 /Each ................ ............................... $12.00 /Each .................. ............................... $9.00 /Each COPY RESOLUTION NO. 14 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH COBB, FENDLEY, & ASSOCIATES, INC. FOR ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires a professional services agreement with Cobb, Fendley, & Associates, Inc. relating to on- call engineering services for the City; and WHEREAS, City staff has determined that Cobb, Fendley, & Associates, Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Cobb, Fendley, & Associates, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Cobb, Fendley, & Associates, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1st day of July, 2014. CITY OF TZ EXAS Michael Carpenter, Mayor ATTEST: renda Dennis, City Secretary (CITY SEAL) 50506887.1 EIIIHBIT A ON CALL CONSTRUCTION ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Engineering Subject: Resolution No. 17 -R -51 — A Resolution of the City Council of the City of Schertz, Texas, authorizing and approving a one -year extension of the On Call Engineering Services Master Agreement with Ford Engineering, Inc., for professional services and all matters in connection therewith BACKGROUND The City of Schertz advertised for Request for Qualifications for On -Call Engineering Firms in February 2014. Statements of Qualifications were received by the City of Schertz on March 18, 2014. Statements were received from 26 firms. A panel of five City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Understanding of the requirement; 2. Management ability; 3. Commitment to quality; 4. Qualifications and experience of key personnel; 5. Resources and facilities; 6. Relevant prior experience; and 7. Past performance, particularly with City contracts. The panel met on several occasions to discuss the submittals and come to consensus regarding six firms to be invited for personal interviews. Interviews were held with the firms at the end of April. The panel again met to discuss results of the interviews. On July 1, 2014, following a recommendation from Staff, the City Council authorized the award of an On Call Engineering Services Master Agreement (Agreement) to each of the following consulting engineering firms: • Cobb, Fendley & Associates, Inc. • Ford Engineering, Inc. • Lockwood, Andrews & Newman, Inc. • Pape- Dawson Engineers, Inc. Having this group of firms available for consultation allows the City to utilize the most qualified firm for each particular project based on the particular engineering qualifications and experience. Once a project is identified and consulting services are needed, Staff will identify which of the four on -call firms is best suited for the project. A proposed scope, fee, and schedule will be requested and a project - specific agreement will be negotiated with that firm. The award of the On -Call Agreement allows the City to avoid an RFQ process for every project — small or large — and to enter into a contract with a firm already fully vetted and deemed to be best qualified for the project. The duration of the agreements for On -Call Engineering Services was in effect for a period of three years (through July 7, 2017). Section 1. of the Agreements provides for a maximum of two extensions for a period of one year each if approved by City Council. Regardless of approval of extension, the Agreement remains in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated. Ford Engineering, Inc., is currently providing professional services for the Corbett Elevated Water Storage Tank project, Tank Painting of two existing water storage tanks, Schertz Parkway Improvements ( Maske to Live Oak), Utility Relocations on FM 1103, and a variety of small Engineering tasks. Goal: Approve Resolution 17 -R -51 approving a one -year extension of the On Call Engineering Services Master Agreement with Ford Engineering, Inc. Community Benefit: The City will be able to utilize the most qualified firm for each particular project based on the firm's qualifications and experience, resulting in an effective and efficient project process to insure that the citizens and businesses of Schertz are provided with top -notch facilities and services. Given the substantial amount of time and effort engineering firms put into the responses to RFQs and the amount of time it takes the firms to understand the requirements and specifications of the City, extending the agreements provides the best value to the community. Summary of Recommended Action: Approve Resolution 17 -R -51 approving a one -year extension of the On Call Engineering Services Master Agreement with Ford Engineering, Inc. FISCAL IMPACT Fiscal impact varies with particular projects and the use of a specific firm and their fee schedule as outlined in the Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution 17 -R -51 ATTACHMENT(S) Resolution 17 -R -51 On Call Engineering Services Master Agreement RESOLUTION NO. 17 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A ONE -YEAR EXTENSION TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH FORD ENGINEERING, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Ford Engineering, Inc., through Resolution 14 -R -55; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Ford Engineering, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Ford Engineering, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Ford Engineering, Inc. 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 11th day of July, 2017. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 ) 1�I� ORIGINAL CITY OF SCHERTZ ON CALL ENGINEERING SERVICES MASTER AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This On Call Engineering Services Agreement (Agreement) is made and entered into by and between the City of Schertz, Texas (City), a Texas municipality, and Ford Engineering, Inc. (Professional). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of three years from its execution unless terminated as provided for herein. This Agreement may be extended if approved by the City Council for a period of one year. A maximum of two extensions may be made. This Agreement shall remain in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's three year authority to provide the Services provided for herein, and other consideration the sufficiency and receipt of which is hereby acknowledged, the Professional shall provide on -call engineering services to the City for purposes of general consulting, design, bid, and construction phase services the City of Schertz to include: 1. Water Transmission and distribution 2. Wastewater collection and conveyance 3. Streets, drainage and site work Projects for which services will be needed may include new infrastructure, miscellaneous improvements, modifications, and upgrades to existing facilities, which will require a Scope of Services to be provided by a qualified consultant(s) or consulting firm(s) or team. (B) The Professional shall provide plans, technical specifications, bid and construction phase support, and other related services, as requested, not limited to: 1. General Service including presentations at meetings and other Professional services as requested. On Call Engineering Services Master Agreement Ford 2014 Page 1 of 6 2. Design services including field surveys, testing, design concepts. providing probable construction costs, document progress intervals, provide detailed plans and specifications, and other related services to design the project and prepare it to bid. 3. Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as required for the approval of all necessary permits. 4. During construction phase, provide construction stakes as requested, prepare change orders, specifications and documentation, make recommendations on Contractor change order requests, attend progress meetings and monitor construction schedule, provide observation and owner representation during construction, review and process all submittals, recommend substantial completion of the project, prepare record drawings, perform final inspection and report on final completion of the project. The provisions of Service required shall be referred to herein as the "Scope of Work ". (C) The quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (D) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (E) The Professional may rely upon the accuracy of reports and surveys provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. (F) The Professional shall be required to execute a project contract in substantially the same form as the attached "Exhibit A" for each assigned Scope of Services project. Section 3. Compensation. The Professional shall be compensated pursuant to the agreed upon fee schedule which shall be "Exhibit B" to this Agreement. Section 4. Time of Completion. The prompt completion of the services relating to any Scope of Work is critical to the City. Unnecessary delays in providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar On Call Engineering Services Master Agreement Ford 2014 Page 2 of 6 days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. On Call Engineering Services Master Agreement Ford 2014 Page 3 of 6 Section 6. Termination. (A) This Agreement may be terminated: 1. By the mutual agreement and consent of both Professional and City; 2. By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; 3. By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or underthe constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. On Call Engineering Services Master Agreement Ford 2014 Page 4 of 6 Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. On Call Engineering Services Master Agreement Ford 2014 Page 5 of 6 Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this thellik day of 2014. CITY: PROFESSIONAL: By: By:_'A Name: Jo n C. Kessel Name: Mark B. Hill, P.E. Title: City Manager Title: Principal ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 PROFESSIONAL Ford Engineering, Inc. 10927 Wye Dr., Suite 104 San Antonio, Texas 78217 On Call Engineering Services Master Agreement Ford 2014 Page 6 of 6 CITY OF SCHERTZ PROJECT AGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into in the City of Schedz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and /or "OWNER", and CONSULTANT NAME AND ADDRESS. Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE 1 DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT 1 PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 BILLING RATE SCHEDULE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 Page 1 ARTICLE 1: DEFINITIONS AS USED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE MEANINGS AS SET OUT BELOW: Agreement means this Master Agreement between CITY and CONSULTANT that establishes the terms and conditions for all Projects to be carried out under this Agreement. Application for Compensation means the form CONSULTANT uses to make a request to be paid for completed services. Application for Payment means the form CONSTRUCTION CONTRACTOR uses to make a request to be paid for completed work. Certificate for Payment means the form CONSULTANT uses to make recommendations on CONSTRUCTION CONTRACTOR'S Application for Payment. CITY means the City of Schertz, Texas. Claim means a demand or assertion by one of the parties seeking, as a matter of right, adjustment, or interpretation of the terms of this Agreement, payment of money, extension of time, or other relief with respect to the terms of this Agreement. The term "claim" also includes other disputes and matters in question between the OWNER and CONSULTANT arising out of or relating to this Agreement. Compensation means amounts paid by CITY to CONSULTANT for completed services under this Agreement. CONSTRUCTION CONTRACTOR means the firm hired by CITY to construct the Project. Construction Contract Documents means the contract between the CITY and the firm contracted by CITY to construct the Project and all documents therein. CONSULTANT means the entity named on the cover page of this Agreement and its officers, partners, employees, agents, and representatives, and all its subconsultants, if any, and all other persons or entities for which CONSULTANT is legally responsible. ENGINEER means CITY's City Engineer. Final Compensation means the final amounts paid by CITY to CONSULTANT for completed services under this Agreement. Final Payment means the final amounts paid by CITY to CONSTRUCTION CONTRACTOR for completed work under the construction contract. Project Agreement for Engineering Services rev 03122014 Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Construction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement/construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and/or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. ARTICLE 2: SCOPE OF SERVICES 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written summary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 03122014 Page 3 2.3 CONSULTANT, in consideration for the Compensation herein provided, shall render the professional Services described in this Section that are necessary for the development of the Project, including plans and specifications, construction management services, any special and general conditions, and instructions to bidders as acceptable to the Engineer, or his or her duly authorized representative. 2.4 CONSULTANT shall complete a Project in accordance with the following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments I and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 03122014 Page 4 2.6.7 In case of conflicts, follow and comply with the most stringent requirements for the Design Phases. 2.6.8 Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ALOE, etc.) as required for the approval of all necessary permits (determined during scoping for each individual project). 2.6.9 Provide detailed plans and specifications for the Project at appropriate progress intervals in requested formats (may include hard copy, .pdf, and Awg). 2.6.10 Provide Opinion of Probably Construction Cost. 2.7 During Bid Phase CONSULTANT shall: 2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents. 2.7.2 Provide bid sets of contract, technical specifications, plans, and any other necessary documents in hard copy and digital format. 2.7.3 Attend pre -bid conference and prepare responses to questions and addenda as necessary. 2.7.4 Research qualifications and references of apparent low bidder(s) and provide a letter of recommendation for contract award. 2.8 During Construction Phase: 2.8.1 CONSULTANT shall monitor construction schedule. 2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site at intervals appropriate to the Phases to (1) become generally familiar with and to keep CITY informed about the progress and quality of the portion of the Work completed, and (2) endeavor to guard CITY against defects in Work. However, CONSULTANT will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. 2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work since these are solely CONSTRUCTION CONTRACTOR'S rights and responsibilities under the Contract Documents. CONSULTANT'S efforts will be directed toward providing for CITY a greater degree of confidence that the completed Work will generally conform to the Contract Documents. 2.8.4 CONSULTANT will not be responsible for CONSTRUCTION CONTRACTOR'S failure to perform the Work in accordance with the requirements of the Contract Documents. CONSULTANT will not have control Project Agreement for Engineering Services rev 03122014 Page 5 over or charge of and will not be responsible for acts or omissions of CONSTRUCTION CONTRACTOR, subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 2.8.5 CONSULTANT and CITY have authority to reject Work that does not conform to the Contract Documents. Whenever CONSULTANT or CITY considers it necessary or advisable, either CITY or CONSULTANT may require inspection or testing of the Work whether or not such Work is fabricated, installed or completed. However, neither this authority of CONSULTANT or CITY, nor a decision made by either, in good faith, to require or not require an inspection shall give rise to a duty or responsibility of CONSULTANT or CITY to CONSTRUCTION CONTRACTOR, subcontractors, material and equipment suppliers, agents or employees, or other persons or entities performing portions of the Work. 2.8.6 CONSULTANT will review and approve or take other appropriate action upon CONSTRUCTION CONTRACTOR'S submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. CONSULTANT will respond to submittals such as Shop Drawings, Product Data, and Samples pursuant to the procedures set forth in the Project specifications. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of equipment or systems, all of which remain the responsibility of CONSTRUCTION CONTRACTOR as required by the Contract Documents. CONSULTANT'S review of CONSTRUCTION CONTRACTOR'S submittals shall not relieve CONSTRUCTION CONTRACTOR of its obligations. CONSULTANT'S review shall not constitute approval of safety precautions or any construction means, methods, techniques, sequences or procedures unless otherwise specifically stated by CONSULTANT. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.8.7 CONSULTANT will, within three work days after receipt of CONSTRUCTION CONTRACTOR'S Application for Payment review the Application for Payment and either issue to OWNER and /or the affected utility a Certificate for Payment for such amount as CONSULTANT determines is properly due, or notify OWNER, any affected utility, and CONSTRUCTION CONTRACTOR in writing of CONSULTANT'S reasons for withholding recommendation of approval in whole or in part. 2.8.8 CONSULTANT'S issuance of a Certificate for Payment will constitute a representation by CONSULTANT to OWNER, based on CONSULTANT'S evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of CONSULTANT'S knowledge, information and belief, the quality of the work is in accordance with the design agreement documents or Construction Contract Documents. The foregoing representations are subject to an evaluation of the Project Agreement for Engineering Services rev 03122014 Page 6 Work for conformance with the design agreement documents, to results of subsequent tests and inspections, to correction of minor deviations from the design agreement documents prior to completion, and to any specific qualifications expressed by CONSULTANT. The issuance of a Certificate for Payment based on the CONSTRUCTION CONTRACTOR'S Application for Payment will further constitute a representation that CONSTRUCTION CONTRACTOR is entitled to payment in accordance with the Schedule of Values. The issuance of Certificate for Payment will not be a representation that CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Construction Contractor's right to payment, or (4) made any examination to ascertain how or for what purpose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12, If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or a part of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third party claims filed or reasonable evidence indicating probable filing of such claims for which CONSTRUCTION CONTRACTOR is responsible hereunder unless security acceptable to OWNER and the affected utility is provided by CONSTRUCTION CONTRACTOR; 2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments properly to the subcontractors and/or material providers; 2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the agreement sum and CONSTRUCTION CONTRACTOR has failed to provide OWNER and the affected utility adequate Project Agreement for Engineering Services rev 03122014 Page 7 assurance of its continued performance within a reasonable time after demand; 2.8.9.5 damage to OWNER or another contractor; 2.8.9.6 reasonable evidence that the Work will not be completed within the agreement time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out the Work in accordance with the Construction Contract Documents. 2.8.10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall carry out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to furnish such interpretations until 15 days after written request is made for CONSULTANT'S interpretation. 2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and reasonably inferable from the Construction Contract Documents and will be in writing or in the form of drawings. 2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but CITY reserves the right to issue instructions directly to CONSTRUCTION CONTRACTOR through inspectors or other designated CITY representatives. 2.8.15 CONSULTANT and CITY will conduct observations to determine the date of substantial completion of the Work. CONSULTANT shall provide to CITY a written recommendation of consideration of substantial completion of the Project. 2.8.16 CONSULTANT and CITY will conduct observations to determine the date of final completion. CONSULTANT will receive and forward to CITY, for CITY'S Project Agreement for Engineering Services rev 03122014 Page 8 review and records, written warranties and related documents required by the Construction Contract Documents and assembled by CONSTRUCTION CONTRACTOR, and will issue a final Approval for Payment upon compliance with the requirements of the Construction Contract Documents. Such final Approval will be accompanied by a signed and sealed statement from the CONSULTANT'S Engineer of Record that certifies to CITY that the project was constructed in accordance with the approved plans and specifications. 2.8.17 CONSULTANT shall prepare record drawings from information submitted by CONSTRUCTION CONTRACTOR and from CONSULTANT'S own observations in accordance with City standards. CONSULTANT shall provide record drawings in hard copy, .pdf, and Awg formats to CITY. ARTICLE 3: COMPENSATION FOR SERVICES 3.1 Basic Services 3.1.1 Compensation for all Services included in this Agreement will be on a time and expense not -to- exceed basis in accordance with the negotiated, approved schedule of billing rates as set forth in Attachment 3. Not -to- exceed compensation amounts, to the extent they have been negotiated shall be reflected in Attachment 3. A Proposal including a not -to- exceed cost will be provided by CONSULTANT along with a Scope of Services for each Project (Attachments 1 and 2). The amount to be paid to CONSULTANT, including authorized adjustments, is the total amount payable by OWNER to CONSULTANT for performance of the Services for the Project under this Agreement. It is agreed and understood that such amount will constitute full compensation to CONSULTANT for Services included in the Scope of Services and shall meet all requirements of CITY'S design guidelines applicable to the Project. Unless and until CITY makes further appropriations for any Services not included in the Scope of Services of this Agreement, the obligation of CITY to CONSULTANT for Compensation in connection with this Agreement cannot and will not exceed the sum described in this Section without further amendment to this Agreement. 3.1.2 No billing rate changes from those approved as Attachment 3 of this Agreement shall be made during the term of this Agreement without the prior written approval of CITY. 3.1.3 CONSULTANT shall submit monthly invoices to CITY describing the Services performed the preceding month. CONSULTANT'S invoices shall include the name of the person who performed the Service, a brief description of the Service performed and the Phase of the Project to which the Service relates, the date(s) the Service was performed, the number of hours spent on all Services billed on an hourly basis, and a description of any subconsultant fees and /or reimbursable expenditures. Project Agreement for Engineering Services rev 03122014 Page 9 3.1.4 CITY shall reimburse CONSULTANT only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by CITY. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by CONSULTANT: 3.1.4.1 Approved reproduction charges, 3.1.4.2 Actual costs of subconsultant(s) for performance of any of the Services that CONSULTANT agrees to provide pursuant to this Agreement, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and/or other costs and /or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation fi•om OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. Project Agreement for Engineering Services rev 03122014 Page 10 3.1.7 CONSULTANT warrants that title to all deliverables produced in the performance of Services covered by an Application for Compensation will pass to OWNER no later than the time of payment. CONSULTANT further warrants that upon submittal of an Application for Compensation, all Services for which Applications for Compensation have been previously issued and payments received from OWNER shall, to the best of CONSULTANT'S knowledge, information and belief be free and clear of liens, claims, security interests or encumbrance in favor of CONSULTANT, or other persons or entities under contract with CONSULTANT making a claim by reason of having provided labor or services relating to CONSULTANT'S Services. CONSULTANT SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY OWNER TO CONSULTANT. 3.2 Additional Services 3.2.1 CONSULTANT shall not receive any compensation for additional Services without prior written authorization of CITY. Compensation for duly authorized additional Services shall be paid in accordance with the approved schedule of billing rates as set forth in Attachment 3. 3.2.2 Examples of additional Services (not all inclusive) 3.2.2.1 Assistance to CITY as an expert witness in any litigation with third parties arising from the development of construction of a Project including the preparation of engineering data and reports. 3.2.2.2 Preparation of plats and field notes for acquisition of property. 3.2.2.3 Preparation of applications and supporting documents for governmental grants, loans, or advances in connection with a Project; preparation of review of environmental assessment and impact statements; review and evaluation of the effect on the design requirements of a Project of any such statements and documents prepared by others; and assistance in obtaining approval of authorities having jurisdiction over the anticipated environmental impact of a Project. 3.2.2.4 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of CONSULTANT. 3.2.2.5 Making revisions to drawings or specifications occasioned by acceptance of substitutions proposed by CONSTRUCTION CONTRACTOR; and Services after the award of each contract in Project Agreement for Engineering Services rev 03122014 Page 11 evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by CONSTRUCTION CONTRACTOR. 3.2.2.6 Preparing drawings, specifications, and supporting data and providing other Services in connection with change order requests to the extent that the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the Services required of CONSULTANT, provided such change order requests are required by causes not solely within the control of CONSULTANT; or in connection with change orders requiring significant engineering effort to compute and document the Work effort reflected by the Change Order. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and/or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR. 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 03122014 Page 12 3.2.2.13 Providing Services of geotechnical engineering firm to perform test borings and other soil or foundation investigations and related analysis not included in original Scope of Services for a Project. 3.2.2.14 Additional copies of Construction Contract Documents, review documents, bidding documents, reports, and or drawings over the number specified in the original Scope of Services for a Project. 3.2.2.15 Preparation of all documents dealing with 404 permits and railroad agreements. 3.2.2.16 Providing photographs, renderings, or models for CITY use. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD Or PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment — 4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits to OWNER its affidavit that the invoices for services, and other liabilities connected with the services for which OWNER, or OWNER'S property, might be responsible have been fully paid or otherwise satisfied or will be paid from final payment; releases and waivers of liens from all CONSULTANT'S subconsultants and of any and all other parties required by OWNER that are either unconditional or conditional on receipt of final payment; certificates of insurance showing continuation of required insurance coverage; such other documents as OWNER may request; and consent of surety to final payment. 4.2.2 Final Compensation — The final compensation to be made by CITY to CONSULTANT will be payable upon submission of the "Record Drawings ". CONSULTANT agrees to submit "Record Drawings: in print media, electronic format (.pdf and .dwg formats) and final billing within 45 days of final acceptance of construction. Additionally, CONSULTANT agrees to submit a statement of release with the final billing notifying CITY that there is no further compensation owed to CONSULTANT by CITY beyond the final bill. Final billing shall indicate "Final Bill — no additional compensation is due to CONSULTANT ". Project Agreement for Engineering Services rev 03122014 Page 13 4.3 OWNER may withhold compensation to such extent as may be necessary, in OWNER'S opinion, to protect OWNER from damage or loss for which CONSULTANT is responsible, because of, 4.3.1 delays in the performance of CONSULTANT'S services; 4.3.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to OWNER is provided by CONSULTANT; 4.3.3 failure of CONSULTANT to make payments properly to subconsultants or vendors for labor, materials or equipment; 4.3.4 reasonable evidence that CONSULTANT'S work cannot be completed for the amount unpaid under this Agreement; 4.3.5 damage to OWNER or CONSTRUCTION CONTRACTOR; or 4.3.6 persistent failure by CONSULTANT to carry out the performance of its Services in accordance with this Agreement. 4.4 When the above reasons for withholding are removed or remedied by CONSULTANT, compensation of the amount withheld will be made within a reasonable time. OWNER shall not be deemed in default by reason of withholding compensation as provided for in this Article. 4.5 In the event of any dispute(s) between the parties regarding the amount properly payable for any Phase or as final Compensation, or regarding any amount that may be withheld by OWNER, CONSULTANT shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event CONSULTANT does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 4.6 OWNER shall make final compensation for all sums due CONSULTANT not more than 30 days after CONSULTANT'S final Application for Compensation. 4.7 Acceptance of final compensation by CONSULTANT shall constitute a waiver of claims except those previously made in writing and identified by CONSULTANT as unsettled at the time of final Application for Compensation. 4.8 CONSULTANT agrees to maintain adequate books, payrolls and records satisfactory to OWNER and all applicable utility providers in connection with any and all Services performed hereunder. CONSULTANT agrees to retain all such books, payrolls and records (including data stored in computer) for a period of not less than four years after completion of Work. At all reasonable times, OWNER and all applicable utility providers and their duly authorized representatives shall have access to all personnel of CONSULTANT and all such books, payrolls and records, and shall have the right to audit same. Project Agreement for Engineering Services rev 03122014 Page 14 ARTICLE 5: TIME, SCHEDULE, AND PERIOD OF SERVICE 5.1 Prior to commencement, CONSULTANT shall provide CITY with a schedule of Project Design Phases, Attachment 2. 5.2 Time is of the essence of this Agreement. CONSULTANT shall perform and complete its obligations for the various Phases of a Project under Section 4, Scope of Services, of this Agreement in a prompt and continuous manner so as to not delay the development of the design Services and so as to not delay the construction of the work for the Project in accordance with the schedules approved by CITY with CONSTRUCTION CONTRACTOR. Upon review of phase Services, if corrections, modifications, alterations, or additions are required of CONSULTANT, these items shall be completed by CONSULTANT before that Phase is approved. 5.3 CONSULTANT shall not proceed with the next appropriate Phase of Services without written authorization from the Engineer. CITY may elect to discontinue CONSULTANT'S Services at the end of any Phase for any reason. Notwithstanding any other provisions of this Agreement, if circumstance dictates, the Engineer may make adjustments to the scope of CONSULTANT'S obligations at any time to achieve the required design. 5.4 CONSULTANT shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations, or any other causes beyond CONSULTANT'S reasonable control. Within 21 days from the occurrence of any event for which time for performance by CONSULTANT will be significantly extended under this provision, CONSULTANT shall give written notice thereof to CITY stating the reason for such extension and the actual or estimated time thereof. If CITY determines that CONSULTANT is responsible for the need for extended time, CITY shall have the right to make a Claim as provided in this Agreement. 5.5 Term of Agreement shall be as follows: 5.5.1 This Agreement shall become effective upon and shall remain in effect until satisfactory completion of the Project unless terminated as provided for in this Agreement. ARTICLE 6: COORDINATION WITH CITY 6.1 CONSULTANT shall hold periodic conferences with the Engineer or his or her representatives to the end that the Project as developed shall have the full benefit of CITY'S experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist CONSULTANT in this coordination, CITY shall make available for CONSULTANT'S use in planning and designing the Project all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to this particular Project, at no cost to CONSULTANT. However, any and all such information shall remain the property of CITY and shall be returned by Project Agreement for Engineering Services rev 03122014 Page 15 CONSULTANT upon termination or completion of the Project or if instructed to do so by the Engineer. 6.2 The Engineer will act on behalf of CITY with respect to the Services to be performed under this Agreement. The Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT'S services. 6.3 CITY will give prompt written notice to CONSULTANT whenever CITY observes or otherwise become aware of any defect in CONSULTANT'S Services, in the work of CONSTRUCTION CONTRACTOR, or any development that affects the scope or timing of CONSULTANT'S Services. 6.4 All appraisals, notices, and permits shall be furnished by CONSULTANT under the Scope of Services unless otherwise assigned to CITY in the Scope of Services, Approvals and permits assigned to CITY shall be obtained from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for the completion of the Project. CONSULTANT will provide CITY reasonable assistance in connection with such approvals and permits such as the furnishing of data compiled by CONSULTANT pursuant to other provisions of this Agreement, but CONSULTANT shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions of this Agreement. ARTICLE 7: REVISIONS TO DRAWINGS AND SPECIFICATIONS 7.1 CONSULTANT shall make without expense to CITY such revisions to the drawings, reports or other documents as may be required to meet the needs of CITY which are within the Scope of Services, but after the approval of drawings, reports or other documents and specifications by CITY, any revisions, additions, or other modifications made at CITY'S request which involve extra services and expenses to CONSULTANT shall be at additional compensation to CONSULTANT for such additional Services and expenses in accordance with Article 3 herein. Project Agreement for Engineering Services rev 03122014 Page 16 ARTICLE 8: OWNERSHIP OF DOCUMENTS 8.1 All previously owned documents, including the original drawings, estimates, specifications, and all other documents and data by CONSULTANT, will remain the property of CONSULTANT as instruments of service. However, CONSULTANT understands and agrees that CITY shall have free access to all such information with the right to make and retain copies of previously owned drawings, estimates, specifications and all other documents and data. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. 8.2 All completed documents submitted by CONSULTANT for final approval or issuance of a permit shall bear the seal with signature and date adjacent thereto of a registered professional engineer licensed to practice in the State of Texas. 8.3 CONSULTANT acknowledges and agrees that upon payment, CITY shall own exclusively any and all information in whatsoever form and character produced and /or maintained in accordance with, pursuant to, or as a result of this Agreement and shall be used as CITY desires and documents, including the original drawings, estimates, specifications and all other documents and data shall be delivered to CITY at no additional cost to CITY upon request or termination or completion of this Agreement without restriction on future use. However, any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.4 CONSULTANT agrees and covenants to protect any and all proprietary rights of CITY in any materials provided to CONSULTANT. Such protection of proprietary rights by CONSULTANT shall include, but not be limited to, the inclusion in any copy intended for publication of copyright mark reserving all rights to CITY. Additionally, any materials provided to CONSULTANT by CITY shall not be released to any third party without the written consent of CITY and shall be returned intact to CITY upon termination or completion of this Agreement or if instructed to do so by the Engineer. 8.5 CONSULTANT HEREBY ASSIGNS ALL STATUTORY AND COMMON LAW COPYRIGHTS TO ANY COPYRIGHTABLE WORK THAT IN PART OR IN WHOLE WAS PRODUCED FROM THIS AGREEMENT TO CITY, INCLUDING ALL EQUITABLE RIGHTS. NO REPORTS, MAPS, DOCUMENTS OR OTHER COPYRIGHTABLE WORKS PRODUCED IN WHOLE OR IN PART BY THIS AGREEMENT SHALL BE SUBJECT OF AN APPLICATION FOR COPYRIGHT BY CONSULTANT. ALL REPORTS, MAPS, PROJECT LOGOS, DRAWINGS OR OTHER COPYRIGHTABLE WORK PRODUCED UNDER THIS AGREEMENT SHALL BECOME THE PROPERTY OF CITY (EXCLUDING ANY PRIOR OWNED INSTRUMENT OF SERVICES, UNLESS OTHERWISE SPECIFIED HEREIN). CONSULTANT SHALL, AT ITS EXPENSE, INDEMNIFY CITY AND DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY AND PAY ANY AWARD OF DAMAGES OR LOSS RESULTING FROM AN INJUNCTION, AGAINST CITY, INSOFAR AS THE SAME ARE BASED ON ANY Project Agreement for Engineering Services rev 03122014 Page 17 CLAIM THAT MATERIALS OR WORK PROVIDED UNDER THIS AGREEMENT CONSTITUTE AN INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. 8.6 CONSULTANT may make copies of any and all documents and items for its files. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications and other documents by other engineers, or other persons, subsequent to the completion of the Project. CONSULTANT shall appropriately mark all changes or modifications on all drawings, specifications and other documents by other engineers or other persons, including electronic copies, subsequent to the completion of the Project. 8.7 Copies of documents that may be relied upon by CITY are limited to the printed copies (also known as hard copies) and .pdf- format electronic versions that are sealed and signed by CONSULTANT. Files in editable electronic media format of text, data, graphics, or other types (such as .dwg) that are furnished by CONSULTANT to CITY are only for convenience of CITY or any utility. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.8 Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of CONSULTANT, unless expressly purchased by CITY, including but not limited to any computer software (object code and source code), tools, systems, equipment or other information used by CONSULTANT or its suppliers in the course of delivering the Services hereunder, and any know -how, methodologies, or processes used by CONSULTANT to provide the set-vices or protect deliverables to CITY, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of CONSULTANT or its suppliers. ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform under this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 03122014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the suspension. Termination (under this paragraph) shall become effective immediately upon receipt of said written notice by CITY. 9.4 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Termination 9.4.1 Upon receipt of a notice of termination and prior to the effective date of termination, unless the notice otherwise directs or CONSULTANT immediately takes action to cure a failure to perform under the cure period set out in this Article. CONSULTANT shall immediately begin the phase -out and the discontinuance of all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within 30 days after receipt of such notice of termination (unless CONSULTANT has successfully cured a failure to perform) CONSULTANT shall submit a statement showing in detail the Services performed under this Agreement prior to the effective date of termination. CITY shall have the option to grant an extension to the time period for submittal of such statement. 9.4.2 Copies of all completed or partially completed specifications and all reproductions of all completed or partially completed designs, plans and attachments prepared under this Agreement prior to the effective date of Project Agreement for Engineering Services rev 03122014 Page 19 termination shall be delivered to CITY, in the form requested by CITY as a precondition to final payment. These documents shall be subject to the restrictions and conditions set forth in Article IX above. 9.4.3 Upon the above conditions being met, CITY shall promptly pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of the Compensation. 9.4.4 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims for compensation for services performed under this Agreement by CONSULTANT. 9.4.5 Failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims to collect monies that CONSULTANT may otherwise be entitled to for services performed under this Agreement. 9.5 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Suspension 9.5.1 Upon receipt of written notice of suspension, which date shall also be the effective date of the suspension, CONSULTANT shall, unless the notice otherwise directs, immediately begin to phase -out and discontinue all services in connection with the performance of this Agreement and shall proceed to promptly suspend all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. 9.5.2 CONSULTANT shall prepare a statement showing in detail the Services performed under this Agreement prior to the effective date of suspension. 9.5.3 Copies of all completed or partially completed designs, plans, and specifications prepared under this Agreement prior to the effective date of suspension shall be prepared for possible delivery to CITY but shall be retained by CONSULTANT until such time as CONSULTANT may exercise the right to terminate. 9.5.4 In the event that CONSULTANT exercises the right to terminate 120 days after the effective suspension date, within 30 days after receipt by CITY of CONSULTANT'S notice of termination, CONSULTANT shall promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement and shall submit the above referenced statement showing in detail the services performed under this Agreement prior to the effective date of suspension. 9.5.5 Any documents prepared in association with this Agreement shall be delivered to CITY as a precondition to final payment. Project Agreement for Engineering Services rev 03122014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and/or documents. ARTICLE 10: CONSULTANT'S WARRANTY 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 11.1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 12.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or Project Agreement for Engineering Services rev 03122014 Page 21 circumstances surrounding this contract. In no instance will CITY allow modification whereupon CITY may incur increased risk. 12.3 CONSULTANT'S financial integrity is of interest to CITY. Therefore, subject to CONSULTANT'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONSULTANT shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at CONSULTANT'S sole expense, insurance coverage written on an occurrence or claims made basis, as appropriate, by companies authorized and approved to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII), in the following types and for an amount not less than the amount listed: INSURANCE REQUIREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability a. Owned /Leased Vehicles b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) Statutory $1, 000, 000, 000/ $1,000,000,000 /$1,000,000,000 For Bodily Injury and Property Damage of $1,000,000 per occurrence. $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Combined Single Limit for Bodily Injury and property Damage of $1,000,000 per occurrence $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 12.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such Project Agreement for Engineering Services rev 03122014 Page 22 policies). CONSULTANT shall attempt to comply with any such requests, subject to the policy terms and conditions, and shall submit a copy of the replacement certificate of insurance to CITY at the address provided below within 10 days of the requested change, in the event the respective insurance companies approve the requested change(s). CONSULTANT shall pay any costs incurred resulting fiom said changes. City of Schertz Attn: City Engineer 10 Commercial Place Schertz, TX 78154 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and /or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. Project Agreement for Engineering Services rev 03122014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 12.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. ARTICLE 13: INDEMNIFICATION 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY HIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT, ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of CONSULTANT'S activities under this Agreement. Project Agreement for Engineering Services rev 03122014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 14: CLAIMS AND DISPUTES 14.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of this Agreement's terms, payment of money, and extension of time or other relief with respect to the terms of this Agreement. The term "Claim" also includes other disputes and matters in question between OWNER and CONSULTANT arising out of or relating to this Agreement. Claims must be initiated by written notice. Every Claim of CONSULTANT, whether for additional Compensation, additional time, or other relief, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind CONSULTANT by signature) of CONSULTANT, verifying the truth and accuracy of the Claim. The responsibility to substantiate Claims shall rest with the party making the Claim. 14.2 Time Limit on Claims. Claims by CONSULTANT or by OWNER must be initiated within 30 calendar days after occurrence of the event giving rise to such Claim. Claims by CONSULTANT must be initiated by written notice to OWNER. Claims by the OWNER must be initiated by written notice to CONSULTANT. 14.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, CONSULTANT shall proceed diligently with performance of this Agreement and OWNER shall continue to make payments in accordance with this Agreement. 14.4 Claims for Additional Time. If CONSULTANT wishes to make Claim for an increase in the time for performance, written notice as provided in this Article 14 shall be given. CONSULTANT'S Claim shall include an estimate of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 14.5 Claims for Consequential Damages. Except as otherwise provided in this Agreement, in calculating the amount of any Claim or any measure of damages for breach of contract (such provision to survive any termination following such breach), the following standards will apply both to claims by CONSULTANT and to claims by OWNER: 14.5.1 No consequential damages will be allowed. Project Agreement for Engineering Services rev 03122014 Page 25 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE 1S: SEVERABILITY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. Project Agreement for Engineering Services rev 03122014 Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 18.1 All consultants must disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or employee also owns at least 10 %, or having an established business relationship as client or customer. ARTICLE 19: STANDARD OF CARE 19.1 Services provided by CONSULTANT under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 19.2 CONSULTANT shall be represented by a registered professional engineer licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including but not limited to scope meetings, review meetings, pre -bid meetings, and preconstruction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 03122014 Page 27 negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22: VENUE 22.1 The obligations of the parties to this Agreement shall be performable in the City of Schertz or its Extra Territorial Jurisdiction, located in Bexar, Comal, and Guadalupe Counties, Texas, and if legal action, such as civil litigation, is necessary in connection therewith, exclusive venue shall lie in Guadalupe County, Texas. ARTICLE 23: NOTICES 23.1 Except as may be provided elsewhere herein, all notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective party by depositing the same in the United States Postal Service addressed to the applicable address shown below, unless and until either party is otherwise notified in writing by the other party of a change of such address. Mailed notices shall be deemed communicated as of five calendar days of mailing. Notices provided via email shall be deemed communicated as of the next business day after the notice is sent. If intended for CITY, to: If intended for CONSULTANT, to: City of Schertz Engineering Department 10 Commercial Place Schertz, Texas 78154 The address listed on the first page of this Agreement. ARTICLE 24: INDEPENDENT CONTRACTOR 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational purposes only and shall not be construed to effect or modify the substance of the terms and conditions of this Agreement to which any caption relates. Project Agreement for Engineering Services rev 03122014 Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of , 20 (the "Effective Date "). CITY OF SCHERTZ CITY MANAGER CONSULTANT Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 29 ATTACHMENT 1 PROJECT SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 Page 30 ATTACHMENT PROJECT DESIGN PHASES COST AND TIMELINE PROJECT PHASE ESTIMATED COST TIME IN CALENDAR DAYS Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Phase Construction Phase including Closeout TOTAL ESTIMATED COST (NOT -TO- EXCEED AMOUNT) Project Agreement for Engineering Services rev 03122014 Page 31 ATTACHMENT BILLING RATE SCHEDULE Project Agreement for Engineering Services rev 03122014 Page 32 ATTACHMENT ADDITIONAL SERVICES AND /OR EXPANDED SCOPE OF SERVICES CITY OF SCHERTZ CITY MANAGER CONSULTANT Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 33 ..i:r o Hourly Billing Rate Table DISCIPLINE Principals Sr. Civil Engineers (PE) (Sr. Project Managers) Civil Engineers (PE) (Project Managers) Project Coordinators (EIT) Design Techs CADD Technicians Clerical Staff Licensed State Land Surveyor (LSLS) Registered Professional Land Surveyors (RPLS) Survey Technicians /CADD One - Person Survey Crew Two- Person Survey Crew Three - Person Survey Crew Four - Person Survey Crew HOURLY RATE $200.00 $165.00 $150.00 $ 95.00 $ 90.00 $ 85.00 $ 65.00 $165.00 $150.00 $ 85.00 $125.00 $145.00 $165.00 $185.00 PROPERTY RESEARCH & DOC. SVC. Property Research $ 75.00 (Copies additional cost) On Call Engineering Services Master Agreement Ford 2014 Exhibit B COPY RESOLUTION NO. 14 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC. FOR ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WIIEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires a professional services agreement with Ford Engineering, Inc. relating to on -call engineering services for the City; and WHEREAS, City staff has determined that Ford Engineering, Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Ford Engineering, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1" day of July, 2014. CITY OF TEXAS Michael Carpenter, Mayor ATTEST: nda Dennis, City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL CONSTRUCTION ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 Agenda No. 13 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Engineering Subject: Resolution No. 17 -R -52 — A Resolution of the City Council of the City of Schertz, Texas, authorizing and approving a one -year extension of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc., for professional services and all matters in connection therewith BACKGROUND The City of Schertz advertised for Request for Qualifications for On -Call Engineering Firms in February 2014. Statements of Qualifications were received by the City of Schertz on March 18, 2014. Statements were received from 26 firms. A panel of five City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Understanding of the requirement; 2. Management ability; 3. Commitment to quality; 4. Qualifications and experience of key personnel; 5. Resources and facilities; 6. Relevant prior experience; and 7. Past performance, particularly with City contracts. The panel met on several occasions to discuss the submittals and come to consensus regarding six firms to be invited for personal interviews. Interviews were held with the firms at the end of April. The panel again met to discuss results of the interviews. On July 1, 2014, following a recommendation from Staff, the City Council authorized the award of an On Call Engineering Services Master Agreement (Agreement) to each of the following consulting engineering firms: • Cobb, Fendley & Associates, Inc. • Ford Engineering, Inc. • Lockwood, Andrews & Newnam, Inc. • Pape- Dawson Engineers, Inc. Having this group of firms available for consultation allows the City to utilize the most qualified firm for each particular project based on the particular engineering qualifications and experience. Once a project is identified and consulting services are needed, Staff will identify which of the four on -call firms is best suited for the project. A proposed scope, fee, and schedule will be requested and a project - specific agreement will be negotiated with that firm. The award of the On -Call Agreement allows the City to avoid an RFQ process for every project — small or large — and to enter into a contract with a firm already fully vetted and deemed to be best qualified for the project. The duration of the agreements for On -Call Engineering Services was in effect for a period of three years (through July 7, 2017). Section 1. of the Agreements provides for a maximum of two extensions for a period of one year each if approved by City Council. Regardless of approval of extension, the Agreement remains in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated. Lockwood, Andrews & Newnam, Inc., is currently providing professional services for the Lower Seguin Culvert Crossing Project, Rehabilitation of the Oil -Water Separator at Fire Station 1, and a variety of small Engineering tasks. Goal: Approve Resolution 17 -R -52 approving a one -year extension of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc. Community Benefit: The City will be able to utilize the most qualified firm for each particular project based on the firm's qualifications and experience, resulting in an effective and efficient project process to insure that the citizens and businesses of Schertz are provided with top -notch facilities and services. Given the substantial amount of time and effort engineering firms put into the responses to RFQs and the amount of time it takes the firms to understand the requirements and specifications of the City, extending the agreements provides the best value to the community. Summary of Recommended Action: Approve Resolution 17 -R -52 approving a one -year extension of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc. FISCAL IMPACT Fiscal impact varies with particular projects and the use of a specific firm and their fee schedule as outlined in the Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution 17 -R -52 ATTACHMENT(S) Resolution 17 -R -52 On Call Engineering Services Master Agreement RESOLUTION NO. 17 -R -52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A ONE -YEAR EXTENSION TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Lockwood, Andrews & Newnam, Inc., through Resolution 14 -R -56; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Lockwood, Andrews & Newnam, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Lockwood, Andrews & Newnam, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Lockwood, Andrews & Newnam, Inc. 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 11th day of July, 2017. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 ) 0\z ORIGIN CITY OF SCHERTZ ON CALL ENGINEERING SERVICES MASTER AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This On Call Engineering Services Agreement (Agreement) is made and entered into by and between the City of Schertz, Texas (City), a Texas municipality, and Lockwood, Andrews & Newnam, Inc. (Professional). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of three years from its execution unless terminated as provided for herein. This Agreement may be extended if approved by the City Council for a period of one year. A maximum of two extensions may be made. This Agreement shall remain in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's three year authority to provide the Services provided for herein, and other consideration the sufficiency and receipt of which is hereby acknowledged, the Professional shall provide on -call engineering services to the City for purposes of general consulting, design, bid, and construction phase services the City of Schertz to include: 1. Water Transmission and distribution 2. Wastewater collection and conveyance 3. Streets, drainage and site work Projects for which services will be needed may include new infrastructure, miscellaneous improvements, modifications, and upgrades to existing facilities, which will require a Scope of Services to be provided by a qualified consultant(s) or consulting firm(s) or team. (B) The Professional shall provide plans, technical specifications, bid and construction phase support, and other related services, as requested, not limited to: 1. General Service including presentations at meetings and other Professional services as requested. On Call Engineering Services Master Agreement LAN 2014 Page 1 of 6 2. Design services including field surveys, testing, design concepts. providing probable construction costs, document progress intervals, provide detailed plans and specifications, and other related services to design the project and prepare it to bid. 3. Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as required for the approval of all necessary permits. 4. During construction phase, provide construction stakes as requested, prepare change orders, specifications and documentation, make recommendations on Contractor change order requests, attend progress meetings and monitor construction schedule, provide observation and owner representation during construction, review and process all submittals, recommend substantial completion of the project, prepare record drawings, perform final inspection and report on final completion of the project. The provisions of Service required shall be referred to herein as the "Scope of Work ". (C) The quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (D) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (E) The Professional may rely upon the accuracy of reports and surveys provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. (F) The Professional shall be required to execute a project contract in substantially the same form as the attached "Exhibit A" for each assigned Scope of Services project. Section 3. Compensation. The Professional shall be compensated pursuant to the agreed upon fee schedule which shall be "Exhibit B" to this Agreement. Section 4. Time of Completion. The prompt completion of the services relating to any Scope of Work is critical to the City. Unnecessary delays in providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar On Call Engineering Services Master Agreement LAN 2014 Page 2 of 6 days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. On Call Engineering Services Master Agreement LAN 2014 Page 3 of 6 Section 6. Termination. (A) This Agreement may be terminated: 1. By the mutual agreement and consent of both Professional and City; 2. By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; 3. By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or underthe constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. On Call Engineering services Master Agreement LAN 2014 Page 4 of 6 Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended forthe waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. On Call Engineering Services Master Agreement LAN 2014 Page 5 of 6 Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations: Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this the 'N% day of 2014 CITY: _ PROFESSIONAL: By v By: Name: JMJC. Kessel Name: JEP.t my DoEGE Title: City Manager Title: Tyyo% Lt -AaEc ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 PROFESSIONAL Lockwood, Andrews & Newnam, Inc. Attn: Jeremy Doege 10101 Reunion Place, Suite 200 San Antonio, TX 78216 On Call Engineering Services Master Agreement LAN 2014 Page 6 of 6 EXHIBIT A CITY OF SCHERTZ PROJECT AGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and/or "OWNER ", and Lockwood, Andrews & Newnam, Inc. (LAN), 10101 Reunion Place, suite 200, San Antonio, TX 78216 Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE I DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT t PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 EXPLANATION OF PROJECT FEE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 05202014 Page 1 ARTICLE 1: DEFINITIONS AS USED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE MEANINGS AS SET OUT BELOW: Agreement means this Master Agreement between CITY and CONSULTANT that establishes the terms and conditions for all Projects to be carried out under this Agreement. Application for Compensation means the form CONSULTANT uses to make a request to be paid for completed services. Application for Payment means the form CONSTRUCTION CONTRACTOR uses to make a request to be paid for completed work. Certificate for Payment means the form CONSULTANT uses to make recommendations on CONSTRUCTION CONTRACTOR'S Application for Payment. CITY means the City of Schertz, Texas. Claim means a demand or assertion by one of the parties seeking, as a matter of right, adjustment, or interpretation of the terms of this Agreement, payment of money, extension of time, or other relief with respect to the terms of this Agreement. The term "claim" also includes other disputes and matters in question between the OWNER and CONSULTANT arising out of or relating to this Agreement. Compensation means amounts paid by CITY to CONSULTANT for completed services under this Agreement. CONSTRUCTION CONTRACTOR means the firm hired by CITY to construct the Project. Construction Contract Documents means the contract between the CITY and the firm contracted by CITY to construct the Project and all documents therein. CONSULTANT means the entity named on the cover page of this Agreement and its officers, partners, employees, agents, and representatives, and all its subconsultants, if any, and all other persons or entities for which CONSULTANT is legally responsible. ENGINEER means CITY's City Engineer. Final Compensation means the final amounts paid by CITY to CONSULTANT for completed services under this Agreement. Final Payment means the final amounts paid by CITY to CONSTRUCTION CONTRACTOR for completed work under the construction contract. Project Agreement for Engineering Services rev 05202014 Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Constriction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement/construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and/or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. ARTICLE 2: SCOPE Or SERVICES 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written surrunary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 05202014 Page 3 2.3 CONSULTANT, in consideration for the Compensation herein provided, shall render the professional Services described in this Section that are necessary for the development of the Project, including plans and specifications, construction management services, any special and general conditions, and instructions to bidders as acceptable to the Engineer, or his or her duly authorized representative. 2.4 CONSULTANT shall complete a Project in accordance with the following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments I and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 05202014 Page 4 2.6.7 In case of conflicts, follow and comply with the most stringent requirements for the Design Phases. 2.6.8 Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as required for the approval of all necessary permits (determined during scoping for each individual project). 2.6.9 Provide detailed plans and specifications for the Project at appropriate progress intervals in requested formats (may include hard copy, .pdf, and .dwg). 2.6.10 Provide Opinion of Probably Construction Cost. 2.7 During Bid Phase CONSULTANT shall: 2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents. 2.7.2 Provide bid sets of contract, technical specifications, plans, and any other necessary documents in hard copy and digital format. 2.7.3 Attend pre -bid conference and prepare responses to questions and addenda as necessary. 2.7.4 Research qualifications and references of apparent low bidder(s) and provide a letter of recommendation for contract award. 2.8 During Construction Phase: 2.8.1 CONSULTANT shall monitor constriction schedule. 2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site at intervals appropriate to the Phases to (1) become generally familiar with and to keep CITY informed about the progress and quality of the portion of the Work completed, and (2) endeavor to guard CITY against defects in Work. However, CONSULTANT will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. 2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work since these are solely CONSTRUCTION CONTRACTOR'S rights and responsibilities under the Contract Documents. CONSULTANT'S efforts will be directed toward providing for CITY a greater degree of confidence that the completed Work will generally conform to the Contract Documents. 2.8.4 CONSULTANT will not be responsible for CONSTRUCTION CONTRACTOR'S failure to perform the Work in accordance with the requirements of the Contract Documents. CONSULTANT will not have control Project Agreement for Engineering Services rev 05202014 Page 5 over or charge of and will not be responsible for acts or omissions of CONSTRUCTION CONTRACTOR, subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 2.8.5 CONSULTANT and CITY have authority to reject Work that does not conform to the Contract Documents. Whenever CONSULTANT or CITY considers it necessary or advisable, either CITY or CONSULTANT may require inspection or testing of the Work whether or not such Work is fabricated, installed or completed. However, neither this authority of CONSULTANT or CITY, nor a decision made by either, in good faith, to require or not require an inspection shall give rise to a duty or responsibility of CONSULTANT or CITY to CONSTRUCTION CONTRACTOR, subcontractors, material and equipment suppliers, agents or employees, or other persons or entities performing portions of the Work. 2.8.6 CONSULTANT will review and approve or take other appropriate action upon CONSTRUCTION CONTRACTOR'S submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. CONSULTANT will respond to submittals such as Shop Drawings, Product Data, and Samples pursuant to the procedures set forth in the Project specifications. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of equipment or systems, all of which remain the responsibility of CONSTRUCTION CONTRACTOR as required by the Contract Documents. CONSULTANT'S review of CONSTRUCTION CONTRACTOR'S submittals shall not relieve CONSTRUCTION CONTRACTOR of its obligations. CONSULTANT'S review shall not constitute approval of safety precautions or any construction means, methods, techniques, sequences or procedures unless otherwise specifically stated by CONSULTANT. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.8.7 CONSULTANT will, within three work days after receipt of CONSTRUCTION CONTRACTOR'S Application for Payment review the Application for Payment and either issue to OWNER and /or the affected utility a Certificate for Payment for such amount as CONSULTANT detennines is properly due, or notify OWNER, any affected utility, and CONSTRUCTION CONTRACTOR in writing of CONSULTANT'S reasons for withholding recommendation of approval in whole or in part. 2.8.8 CONSULTANT'S issuance of a Certificate for Payment will constitute a representation by CONSULTANT to OWNER, based on CONSULTANT'S evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of CONSULTANT'S knowledge, information and belief, the quality of the work is in accordance with the design agreement documents or Construction Contract Documents. The foregoing representations are subject to an evaluation of the Project Agreement for Engineering Services rev 05202014 Page 6 Work for conformance with the design agreement documents, to results of subsequent tests and inspections, to correction of minor deviations from the design agreement documents prior to completion, and to any specific qualifications expressed by CONSULTANT. The issuance of a Certificate for Payment based on the CONSTRUCTION CONTRACTOR'S Application for Payment will further constitute a representation that CONSTRUCTION CONTRACTOR is entitled to payment in accordance with the Schedule of Values. The issuance of Certificate for Payment will not be a representation that CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Constriction Contractor's right to payment, or (4) made any examination to ascertain how or for what propose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if, in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or a part of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third party claims filed or reasonable evidence indicating probable filing of such claims for which CONSTRUCTION CONTRACTOR is responsible hereunder unless security acceptable to OWNER and the affected utility is provided by CONSTRUCTION CONTRACTOR; 2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments properly to the subcontractors and/or material providers; 2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the agreement sum and CONSTRUCTION CONTRACTOR has failed to provide OWNER and the affected utility adequate Project Agreement for Engineering Services rev 05202014 Page 7 assurance of its continued performance within a reasonable time after demand; 2.8.9.5 damage to OWNER or another contractor; 2.8.9.6 reasonable evidence that the Work will not be completed within the agreement time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to early out the Work in accordance with the Construction Contract Documents. 2.8. 10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall carry out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to furnish such interpretations until 15 days after written request is made for CONSULTANT'S interpretation. 2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and reasonably inferable from the Construction Contract Documents and will be in writing or in the form of drawings. 2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but CITY reserves the right to issue instructions directly to CONSTRUCTION CONTRACTOR through inspectors or other designated CITY representatives. 2.8.15 CONSULTANT and CITY will conduct observations to determine the date of substantial completion of the Work. CONSULTANT shall provide to CITY a written recommendation of consideration of substantial completion of the Project. 2.8.16 CONSULTANT and CITY will conduct observations to determine the date of final completion. CONSULTANT will receive and forward to CITY, for CITY'S Project Agreement for Engineering Services rev 05202014 Page 8 review and records, written warranties and related documents required by the Construction Contract Documents and assembled by CONSTRUCTION CONTRACTOR, and will issue a final Approval for Payment upon compliance with the requirements of the Construction Contract Documents. Such final Approval will be accompanied by a signed and sealed statement from the CONSULTANT'S Engineer of Record that certifies to CITY that the project was constructed in accordance with the approved plans and specifications. 2.8.17 CONSULTANT shall prepare record drawings from information submitted by CONSTRUCTION CONTRACTOR and from CONSULTANT'S own observations in accordance with City standards. CONSULTANT shall provide record drawings in hard copy, .pdf, and .dwg formats to CITY. ARTICLE 3: COMPENSATION FOR SERVICES 3.1 Basic Services 3.1.1 Compensation for all Services included in this Agreement will be on a time and expense not -to- exceed basis in accordance with the negotiated, approved schedule of billing rates as set forth in the Master Agreement. Not -to- exceed compensation amounts, to the extent they have been negotiated shall be reflected in Attachment 3. A Proposal including a not -to- exceed cost will be provided by CONSULTANT along with a Scope of Services for each Project (Attachments 1 and 2). The amount to be paid to CONSULTANT, including authorized adjustments, is the total amount payable by OWNER to CONSULTANT for performance of the Services for the Project under this Agreement. It is agreed and understood that such amount will constitute full compensation to CONSULTANT for Services included in the Scope of Services and shall meet all requirements of CITY'S design guidelines applicable to the Project. Unless and until CITY makes further appropriations for any Services not included in the Scope of Services of this Agreement, the obligation of CITY to CONSULTANT for Compensation in connection with this Agreement cannot and will not exceed (lie sum described in this Section without further amendment to this Agreement. 3.1.2 No billing rate changes from those approved in the Master Agreement associated with this Agreement shall be made during the term of this Agreement without the prior written approval of CITY. 3.1.3 CONSULTANT shall submit monthly invoices to CITY describing the Services performed the preceding month. CONSULTANT'S invoices shall include the name of the person who performed the Service, a brief description of the Service performed and the Phase of the Project to which the Service relates, the date(s) the Service was performed, the number of hours spent on all Services billed on an hourly basis, and a description of any subconsultant fees and/or reimbursable expenditures. Project Agreement for Engineering Services rev 05202014 Page 9 3.1.4 CITY shall reimburse CONSULTANT only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by CITY. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by CONSULTANT: 3.1.4.1 Approved reproduction charges, 3.1.4.2 Actual costs of subconsultant(s) for performance of any of the Services that CONSULTANT agrees to provide pursuant to this Agreement, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and/or other costs and /or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation from OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. Project Agreement for Engineering Services rev 05202014 Page 10 3.1.7 CONSULTANT warrants that title to all deliverables produced in the performance of Services covered by an Application for Compensation will pass to OWNER no later than the time of payment. CONSULTANT further warrants that upon submittal of an Application for Compensation, all Services for which Applications for Compensation have been previously issued and payments received from OWNER shall, to the best of CONSULTANT'S knowledge, information and belief be free and clear of liens, claims, security interests or encumbrance in favor of CONSULTANT, or other persons or entities under contract with CONSULTANT making a claim by reason of having provided labor or services relating to CONSULTANT'S Services. CONSULTANT SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY OWNER TO CONSULTANT. 3.2 Additional Services 3.2.1 CONSULTANT shall not receive any compensation for additional Services without prior written authorization of CITY. Compensation for duly authorized additional Services shall be paid in accordance with the approved schedule of billing rates as set forth in the Master Agreement. 3.2.2 Examples of additional Services (not all inclusive) 3.2.2.1 Assistance to CITY as an expert witness in any litigation with third parties arising from the development of construction of a Project including the preparation of engineering data and reports. 3.2.2.2 Preparation of plats and field notes for acquisition of property 3.2.2.3 Preparation of applications and supporting documents for governmental grants, loans, or advances in connection with a Project; preparation of review of environmental assessment and impact statements; review and evaluation of the effect on the design requirements of a Project of any such statements and documents prepared by others; and assistance in obtaining approval of authorities having jurisdiction over the anticipated environmental impact of a Project. 3.2.2.4 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of CONSULTANT. 3.2.2.5 Making revisions to drawings or specifications occasioned by acceptance of substitutions proposed by CONSTRUCTION CONTRACTOR; and Services after the award of each contract in Project Agreement for Engineering Services rev 05202014 Page 11 evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by CONSTRUCTION CONTRACTOR. 3.2.2.6 Preparing drawings, specifications, and supporting data and providing other Services in connection with change order requests to the extent that the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the Services required of CONSULTANT, provided such change order requests are required by causes not solely within the control of CONSULTANT; or in connection with change orders requiring significant engineering effort to compute and document the Work effort reflected by the Change Order. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and /or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR. 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 05202014 Page 12 3.2.2.13 Providing Services of geotechnical engineering firm to perform test borings and other soil or foundation investigations and related analysis not included in original Scope of Services for a Project. 3.2.2.14 Additional copies of Construction Contract Documents, review documents, bidding documents, reports, and or drawings over the number specified in the original Scope of Services for a Project. 3.2.2.15 Preparation of all documents dealing with 404 permits and railroad agreements. 3.2.2.16 Providing photographs, renderings, or models for CITY use. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD OF PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment — 4.2. l CONSULTANT shall not be entitled to final payment unless and until it submits to OWNER its affidavit that the invoices for services, and other liabilities connected with the services for which OWNER, or OWNER'S property, might be responsible have been frilly paid or otherwise satisfied or will be paid from final payment; releases and waivers of liens from all CONSULTANT'S subconsultants and of any and all other parties required by OWNER that are either unconditional or conditional on receipt of final payment; certificates of insurance showing continuation of required insurance coverage; such other documents as OWNER may request; and consent of surety to final payment. 4.2.2 Final Compensation — The final compensation to be made by CITY to CONSULTANT will be payable upon submission of the "Record Drawings ". CONSULTANT agrees to submit "Record Drawings: in print media, electronic format (.pdf and .dwg formats) and final billing within 45 days of final acceptance of construction. Additionally, CONSULTANT agrees to submit a statement of release with the final billing notifying CITY that there is no further compensation owed to CONSULTANT by CITY beyond the final bill. Final billing shall indicate "Final Bill — no additional compensation is due to CONSULTANT ". Project Agreement for Engineering Services rev 05202014 Page 13 4.3 OWNER may withhold compensation to such extent as may be necessary, in OWNER'S opinion, to protect OWNER from damage or loss for which CONSULTANT is responsible, because of, 4.3.1 delays in the performance of CONSULTANT'S services; 4.3.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to OWNER is provided by CONSULTANT; 4.3.3 failure of CONSULTANT to make payments properly to subconsultants or vendors for labor, materials or equipment; 4.3.4 reasonable evidence that CONSULTANT'S work cannot be completed for the amount unpaid under this Agreement; 4.3.5 damage to OWNER or CONSTRUCTION CONTRACTOR; or 4.3.6 persistent failure by CONSULTANT to carry out the performance of its Services in accordance with this Agreement. 4.4 When the above reasons for withholding are removed or remedied by CONSULTANT, compensation of the amount withheld will be made within a reasonable time. OWNER shall not be deemed in default by reason of withholding compensation as provided for in this Article. 4.5 In the event of any dispute(s) between the parties regarding the amount properly payable for any Phase or as final Compensation, or regarding any amount that may be withheld by OWNER, CONSULTANT shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event CONSULTANT does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 4.6 OWNER shall make final compensation for all sums due CONSULTANT not more than 30 days after CONSULTANT'S final Application for Compensation. 4.7 Acceptance of final compensation by CONSULTANT shall constitute a waiver of claims except those previously made in writing and identified by CONSULTANT as unsettled at the time of final Application for Compensation. 4.8 CONSULTANT agrees to maintain adequate books, payrolls and records satisfactory to OWNER and all applicable utility providers in connection with any and all Services performed hereunder. CONSULTANT agrees to retain all such books, payrolls and records (including data stored in computer) for a period of not less than four years after completion of Work. At all reasonable times, OWNER and all applicable utility providers and their duly authorized representatives shall have access to all personnel of CONSULTANT and all such books, payrolls and records, and shall have the right to audit same. Project Agreement for Engineering Services rev 05202014 Page 14 ARTICLE 5: TIME, SCHEDULE, AND PERIOD OF SERVICE 5.1 Prior to commencement, CONSULTANT shall provide CITY with a schedule of Project Design Phases, Attachment 2. 5.2 Time is of the essence of this Agreement. CONSULTANT shall perform and complete its obligations for the various Phases of a Project under Section 4, Scope of Services, of this Agreement in a prompt and continuous manner so as to not delay the development of the design Services and so as to not delay the construction of the work for the Project in accordance with the schedules approved by CITY with CONSTRUCTION CONTRACTOR. Upon review of phase Services, if corrections, modifications, alterations, or additions are required of CONSULTANT, these items shall be completed by CONSULTANT before that Phase is approved. 5.3 CONSULTANT shall not proceed with the next appropriate Phase of Services without written authorization from the Engineer. CITY may elect to discontinue CONSULTANT'S Services at the end of any Phase for any reason. Notwithstanding any other provisions of this Agreement, if circumstance dictates, the Engineer may make adjustments to the scope of CONSULTANT'S obligations at any time to achieve the required design. 5.4 CONSULTANT shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations, or any other causes beyond CONSULTANT'S reasonable control. Within 21 days from the occurrence of any event for which time for performance by CONSULTANT will be significantly extended under this provision, CONSULTANT shall give written notice thereof to CITY stating the reason for such extension and the actual or estimated time thereof. If CITY determines that CONSULTANT is responsible for the need for extended time, CITY shall have the right to make a Claim as provided in this Agreement. 5.5 Term of Agreement shall be as follows: 5.5.1 This Agreement shall become effective upon and shall remain in effect until satisfactory completion of the Project unless terminated as provided for in this Agreement. ARTICLE 6: COORDINATION WITH CITY 6.1 CONSULTANT shall hold periodic conferences with the Engineer or his or her representatives to the end that the Project as developed shall have the full benefit of CITY'S experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist CONSULTANT in this coordination, CITY shall make available for CONSULTANT'S use in planning and designing the Project all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to this particular Project, at no cost to CONSULTANT. However, any and all such information shall remain the property of CITY and shall be returned by Project Agreement for Engineering Services rev 05202014 Page 15 CONSULTANT upon termination or completion of the Project or if instructed to do so by the Engineer. 6.2 The Engineer will act on behalf of CITY with respect to the Services to be performed under this Agreement. The Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT'S services. 6.3 CITY will give prompt written notice to CONSULTANT whenever CITY observes or otherwise become aware of any defect in CONSULTANT'S Services, in the work of CONSTRUCTION CONTRACTOR, or any development that affects the scope or timing of CONSULTANT'S Services. 6.4 All appraisals, notices, and permits shall be furnished by CONSULTANT under the Scope of Services unless otherwise assigned to CITY in the Scope of Services, Approvals and permits assigned to CITY shall be obtained from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for the completion of the Project. CONSULTANT will provide CITY reasonable assistance in connection with such approvals and permits such as the furnishing of data compiled by CONSULTANT pursuant to other provisions of this Agreement, but CONSULTANT shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions of this Agreement. ARTICLE 7: REVISIONS TO DRAWINGS AND SPECIFICATIONS 7.1 CONSULTANT shall make without expense to CITY such revisions to the drawings, reports or other documents as may be required to meet the needs of CITY which are within the Scope of Services, but after the approval of drawings, reports or other documents and specifications by CITY. Any revisions, additions, or other modifications made at CITY'S request which involve extra services and expenses to CONSULTANT shall be at additional compensation to CONSULTANT for such additional Services and expenses in accordance with Article 3 herein. Project Agreement for Engineering Services rev 05202014 Page 16 ARTICLE 8: OWNERSHIP OF DOCUMENTS 8.1 All previously owned documents, including the original drawings, estimates, specifications, and all other documents and data by CONSULTANT, will remain the property of CONSULTANT as instruments of service. However, CONSULTANT understands and agrees that CITY shall have free access to all such information with the right to make and retain copies of previously owned drawings, estimates, specifications and all other documents and data. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. 8.2 All completed documents submitted by CONSULTANT for final approval or issuance of a permit shall bear the seal with signature and date adjacent thereto of a registered professional engineer licensed to practice in the State of Texas. 8.3 CONSULTANT acknowledges and agrees that upon payment, CITY shall own exclusively any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to, or as a result of this Agreement and shall be used as CITY desires and documents, including the original drawings, estimates, specifications and all other documents and data shall be delivered to CITY at no additional cost to CITY upon request or termination or completion of this Agreement without restriction on future use. However, any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.4 CONSULTANT agrees and covenants to protect any and all proprietary rights of CITY in any materials provided to CONSULTANT. Such protection of proprietary rights by CONSULTANT shall include, but not be limited to, the inclusion in any copy intended for publication of copyright mark reserving all rights to CITY. Additionally, any materials provided to CONSULTANT by CITY shall not be released to any third party without the written consent of CITY and shall be returned intact to CITY upon termination or completion of this Agreement or if instructed to do so by the Engineer. 8.5 CONSULTANT HEREBY ASSIGNS ALL STATUTORY AND COMMON LAW COPYRIGHTS TO ANY COPYRIGHTABLE WORK THAT IN PART OR IN WHOLE WAS PRODUCED FROM THIS AGREEMENT TO CITY, INCLUDING ALL EQUITABLE RIGHTS. NO REPORTS, MAPS, DOCUMENTS OR OTHER COPYRIGHTABLE WORKS PRODUCED IN WHOLE OR IN PART BY THIS AGREEMENT SHALL BE SUBJECT OF AN APPLICATION FOR COPYRIGHT BY CONSULTANT. ALL REPORTS, MAPS, PROJECT LOGOS, DRAWINGS OR OTHER COPYRIGHTABLE WORK PRODUCED UNDER THIS AGREEMENT SHALL BECOME THE PROPERTY OF CITY (EXCLUDING ANY PRIOR OWNED INSTRUMENT OF SERVICES, UNLESS OTHERWISE SPECIFIED HEREIN). CONSULTANT SHALL, AT ITS EXPENSE, INDEMNIFY CITY AND DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY AND PAY ANY AWARD OF DAMAGES OR LOSS RESULTING FROM AN INJUNCTION, AGAINST CITY, INSOFAR AS THE SAME ARE BASED ON ANY Project Agreement for Engineering Services rev 05202014 Page 17 CLAIM THAT MATERIALS OR WORK PROVIDED UNDER THIS AGREEMENT CONSTITUTE AN INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. 8.6 CONSULTANT may make copies of any and all documents and items for its files. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications and other documents by other engineers, or other persons, subsequent to the completion of the Project. CONSULTANT shall appropriately mark all changes or modifications on all drawings, specifications and other documents by other engineers or other persons, including electronic copies, subsequent to the completion of the Project. 8.7 Copies of documents that may be relied upon by CITY are limited to the printed copies (also known as hard copies) and .pdf- format electronic versions that are sealed and signed by CONSULTANT. Files in editable electronic media format of text, data, graphics, or other types (such as .dwg) that are furnished by CONSULTANT to CITY are only for convenience of CITY or any utility. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.8 Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of CONSULTANT, unless expressly purchased by CITY, including but not limited to any computer software (object code and source code), tools, systems, equipment or other information used by CONSULTANT or its suppliers in the course of delivering the Services hereunder, and any know -how, methodologies, or processes used by CONSULTANT to provide the services or protect deliverables to CITY, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of CONSULTANT or its suppliers. ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform tinder this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 05202014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the suspension. Termination (under this paragraph) shall become effective immediately upon receipt of said written notice by CITY. 9.4 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Termination 9.4.1 Upon receipt of a notice of termination and prior to the effective date of termination, unless the notice otherwise directs or CONSULTANT immediately takes action to cure a failure to perform under the cure period set out in this Article. CONSULTANT shall immediately begin the phase -out and the discontinuance of all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within 30 days after receipt of such notice of termination (unless CONSULTANT has successfully cured a failure to perform) CONSULTANT shall submit a statement showing in detail the Services performed under this Agreement prior to the effective date of termination. CITY shall have the option to grant an extension to the time period for submittal of such statement. 9.4.2 Copies of all completed or partially completed specifications and all reproductions of all completed or partially completed designs, plans and attachments prepared under this Agreement prior to the effective date of Project Agreement for Engineering Services rev 05202014 Page 19 termination shall be delivered to CITY, in the form requested by CITY as a precondition to final payment. These documents shall be subject to the restrictions and conditions set forth in Article IX above. 9.4.3 Upon the above conditions being met, CITY shall promptly pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of the Compensation. 9.4.4 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims for compensation for services performed under this Agreement by CONSULTANT. 9.4.5 Failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims to collect monies that CONSULTANT may otherwise be entitled to for services performed under this Agreement. 9.5 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Suspension 9.5.1 Upon receipt of written notice of suspension, which date shall also be the effective date of the suspension, CONSULTANT shall, unless the notice otherwise directs, immediately begin to phase -out and discontinue all services in connection with the performance of this Agreement and shall proceed to promptly suspend all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. 9.5.2 CONSULTANT shall prepare a statement showing in detail the Services performed under this Agreement prior to the effective date of suspension. 9.5.3 Copies of all completed or partially completed designs, plans, and specifications prepared under this Agreement prior to the effective date of suspension shall be prepared for possible delivery to CITY but shall be retained by CONSULTANT until such time as CONSULTANT may exercise the right to terminate. 9.5.4 In the event that CONSULTANT exercises the right to terminate 120 days after the effective suspension date, within 30 days after receipt by CITY of CONSULTANT'S notice of termination, CONSULTANT shall promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement and shall submit the above referenced statement showing in detail the services performed under this Agreement prior to the effective date of suspension. 9.5.5 Any documents prepared in association with this Agreement shall be delivered to CITY as a precondition to final payment. Project Agreement for Engineering Services rev 05202014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and /or documents. ARTICLE 10: CONSULTANT'S WARRANTY 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 1 L 1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 12.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or Project Agreement for Engineering Services rev 05202014 Page 21 circumstances surrounding this contract. In no instance will CITY allow modification whereupon CITY may incur increased risk. 12.3 CONSULTANT'S financial integrity is of interest to CITY. Therefore, subject to CONSULTANT'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONSULTANT shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at CONSULTANT'S sole expense, insurance coverage written on an occurrence or claims made basis, as appropriate, by companies authorized and approved to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII), in the following types and for an amount not less than the amount listed: INSURANCE REQUIREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. Personal Injury e. Contractual Liability Business Automobile Liability a. Owned/Leased Vehicles b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) Statutory $1 ,000,000,000 /$1,000,000,000 /$1,000,000,000 For Bodily Injury and Property Damage of $1,000,000 per occurrence. $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Combined Single Limit for Bodily Injuy and property Damage of $1,000,000 per occurrence $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 12.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such Project Agreement for Engineering Services rev 05202014 Page 22 policies). CONSULTANT shall attempt to comply with any such requests, subject to the policy terms and conditions, and shall submit a copy of the replacement certificate of insurance to CITY at the address provided below within 10 days of the requested change, in the event the respective insurance companies approve the requested change(s). CONSULTANT shall pay any costs incurred resulting from said changes. City of Schertz Attn: City Engineer 10 Commercial Place Schertz, TX 78154 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. Project Agreement for Engineering Services rev 05202014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 12.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. ARTICLE 13: INDEMNIFICATION 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT, ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of CONSULTANT'S activities under this Agreement. Project Agreement for Engineering Services rev 05202014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 14: CLAIMS AND DISPUTES 14.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of this Agreement's terns, payment of money, and extension of time or other relief with respect to the terms of this Agreement. The term "Claim" also includes other disputes and matters in question between OWNER and CONSULTANT arising out of or relating to this Agreement. Claims must be initiated by written notice. Every Claim of CONSULTANT, whether for additional Compensation, additional time, or other relief, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind CONSULTANT by signature) of CONSULTANT, verifying the truth and accuracy of the Claim. The responsibility to substantiate Claims shall rest with the party making the Claim. 14.2 Time Limit on Claims. Claims by CONSULTANT or by OWNER must be initiated within 30 calendar days after occurrence of the event giving rise to such Claim. Claims by CONSULTANT must be initiated by written notice to OWNER. Claims by the OWNER must be initiated by written notice to CONSULTANT. 14.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, CONSULTANT shall proceed diligently with performance of this Agreement and OWNER shall continue to make payments in accordance with this Agreement. 14.4 Claims for Additional Time. If CONSULTANT wishes to make Claim for an increase in the time for performance, written notice as provided in this Article 14 shall be given. CONSULTANT'S Claim shall include an estimate of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 14.5 Claims for Consequential Damages. Except as otherwise provided in this Agreement, in calculating the amount of any Claim or any measure of damages for breach of contract (such provision to survive any termination following such breach), the following standards will apply both to claims by CONSULTANT and to claims by OWNER: 14.5.1 No consequential damages will be allowed. Project Agreement for Engineering Services rev 05202014 Page 25 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE 15: SEVERABILITY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. Project Agreement for Engineering Services rev 05202014 Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 18.1 All consultants must disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or employee also owns at least 10 %, or having an established business relationship as client or customer. ARTICLE 19: STANDARD OF CARE 19.1 Services provided by CONSULTANT under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 19.2 CONSULTANT shall be represented by a registered professional engineer licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including but not limited to scope meetings, review meetings, pre -bid meetings, and preconstuction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments I, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 05202014 Page 27 negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22: VENUE 22.1 The obligations of the parties to this Agreement shall be performable in the City of Schertz or its Extra Territorial Jurisdiction, located in Bestir, Comal, and Guadalupe Counties, Texas, and if legal action, such as civil litigation, is necessary in connection therewith, exclusive venue shall lie in Guadalupe County, Texas. ARTICLE 23: NOTICES 23.1 Except as may be provided elsewhere herein, all notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective party by depositing the same in the United States Postal Service addressed to the applicable address shown below, unless and until either party is otherwise notified in writing by the other party of a change of such address. Mailed notices shall be deemed communicated as of five calendar days of mailing. Notices provided via email shall be deemed communicated as of the next business day after the notice is sent. If intended for CITY. to: If intended for CONSULTANT. to: City of Schertz Engineering Department 10 Commercial Place Schertz, Texas 78154 The address listed on the first page of this Agreement. ARTICLE 24: INDEPENDENT CONTRACTOR 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational proposes only and shall not be construed to effect or modify the substance of the terms and conditions of this Agreement to which any caption relates. Project Agreement for Engineering Services rev 05202014 Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of , 20 (the "Effective Date "). CITY OF SCHERTZ CONSULTANT CITY MANAGER 1 onsu ant Name -rcA.4 L-"am TITLE Project Agreement for Engineering Services rev 05202014 Page 29 ATTACHMENT 1 PROJECT SCOPE OF SERVICES To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 30 ATTACHMENT PROJECT DESIGN PHASES COST AND TIMELINE PROJECT PHASE ESTIMATED COST TIME IN CALENDAR DAYS Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Phase Construction Phase including Closeout TOTAL ESTIMATED COST (NOT -TO- EXCEED AMOUNT) To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 31 ATTACHMENT EXPLANATION OF PROJECT FEE To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 32 ATTACHMENT ADDITIONAL SERVICES AND /OR EXPANDED SCOPE OF SERVICES To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 33 Lan May 22, 2014 Cindy Raleigh Public Works Coordinator City of Schertz 10 Commercial Place, Building 2 Schertz, TX 78154 Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY RE: On Call Engineering Services — Fee Schedule Dear Ms. Raleigh: Lockwood Andrews & Newnam, Inc. is please to submit the following unit rate schedule for the On Call Engineering Services contract for the City of Schertz. We appreciate this opportunity and look forward to working with the City of Schertz. Job Description Maximum Base Rate Principal /QAQC Manager $220.00 Senior Project Manager $190.00 Project Manager $175.00 Sr. Project Engineer $150.00 Project Engineer $130.00 Engineer In Training III $125.00 Engineer In Training II $95.00 Construction Field Representative $95.00 CADD Designer II $85.00 Administrative Assistant $65.00 The above rates are for this year and will be adjusted in accordance with City of Schertz contract requirements for upcoming fiscal years. If you have any questions or require additional information, please call me at 210 - 499 -5082. Sincerely, Jeremy Doege, PE Associate/ Team Leader Cc: Kathryn J. Woodlee, PE, CFM c : \projectwise \jsdoege2 \d0213390 \2014 city of Schertz on call engineering fee schedule.doc 10101Reunion Pla ,Ste200 • San Antonlojems 78216 • 210.499.5082 • Fa 210.499.5157 • w Jamimcan COPY RESOLUTION NO. 14 -R -56 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS, & NEWNAM, INC. FOR ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires aprofessional services agreement with Lockwood, Andrews, & Newnam, Inc. relating to on -call engineering services for the City; and WHEREAS, City staff has determined that Lockwood, Andrews, & Newnam, hic. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Lockwood, Andrews, & Newnam, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Lockwood, Andrews, & Newnam, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this I" day of July, 2014. CITY O TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506887.1 �_V_ : ON CALL CONSTRUCTION ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 Fw Agenda No. _14 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Engineering Subject: Resolution No. 17 -R -53 — A Resolution of the City Council of the City of Schertz, Texas, authorizing and approving a one -year extension of the On Call Engineering Services Master Agreement Pape- Dawson Engineers, Inc., for professional services and all matters in connection therewith BACKGROUND The City of Schertz advertised for Request for Qualifications for On -Call Engineering Firms in February 2014. Statements of Qualifications were received by the City of Schertz on March 18, 2014. Statements were received from 26 firms. A panel of five City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Understanding of the requirement; 2. Management ability; 3. Commitment to quality; 4. Qualifications and experience of key personnel; 5. Resources and facilities; 6. Relevant prior experience; and 7. Past performance, particularly with City contracts. The panel met on several occasions to discuss the submittals and come to consensus regarding six firms to be invited for personal interviews. Interviews were held with the firms at the end of April. The panel again met to discuss results of the interviews. On July 1, 2014, following a recommendation from Staff, the City Council authorized the award of an On Call Engineering Services Master Agreement (Agreement) to each of the following consulting engineering firms: • Cobb, Fendley & Associates, Inc. • Ford Engineering, Inc. • Lockwood, Andrews & Newnam, Inc. • Pape- Dawson Engineers, Inc. Having this group of firms available for consultation allows the City to utilize the most qualified firm for each particular project based on the particular engineering qualifications and experience. Once a project is identified and consulting services are needed, Staff will identify which of the four on -call firms is best suited for the project. A proposed scope, fee, and schedule will be requested and a project - specific agreement will be negotiated with that firm. The award of the On -Call Agreement allows the City to avoid an RFQ process for every project — small or large — and to enter into a contract with a firm already fully vetted and deemed to be best qualified for the project. The duration of the agreements for On -Call Engineering Services was in effect for a period of three years (through July 7, 2017). Section 1. of the Agreements provides for a maximum of two extensions for a period of one year each if approved by City Council. Regardless of approval of extension, the Agreement remains in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated. Pape- Dawson Engineers, Inc., is currently providing professional services for the Main Street Improvement Project. Goal: Approve Resolution 17 -R -53 approving a one -year extension of the On Call Engineering Services Master Agreement with Pape- Dawson Engineers, Inc. Community Benefit: The City will be able to utilize the most qualified firm for each particular project based on the firm's qualifications and experience, resulting in an effective and efficient project process to insure that the citizens and businesses of Schertz are provided with top -notch facilities and services. Given the substantial amount of time and effort engineering firms put into the responses to RFQs and the amount of time it takes the firms to understand the requirements and specifications of the City, extending the agreements provides the best value to the community. Summary of Recommended Action: Approve Resolution 17 -R -53 approving a one -year extension of the On Call Engineering Services Master Agreement with Pape- Dawson Engineers, Inc. FISCAL IMPACT Fiscal impact varies with particular projects and the use of a specific firm and their fee schedule as outlined in the Agreement. STAFF RECOMMENDATION Staff recommends approval of Resolution 17 -R -53 ATTACHMENT(S) Resolution 17 -R -53 On Call Engineering Services Master Agreement RESOLUTION NO. 17 -R -53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A ONE -YEAR EXTENSION TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH PAPE - DAWSON ENGINEERS, INC., AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into an On Call Engineering Services Master Agreement attached hereto as Exhibit A (the "Agreement ") with the firm of Pape- Dawson Engineers, Inc., through Resolution 14 -R -57; and WHEREAS, the Agreement was established with a term of three years and provided for two one -year extensions upon approval of the City Council; and WHEREAS, the Staff of the City of Schertz has determined that the City continues to require professional services from Pape- Dawson Engineers, Inc.; and WHEREAS, the City of Schertz has on -going project agreements Pape- Dawson Engineers, Inc., and it is in the best interest of the City of Schertz to continue contracting services with this firm due to its beneficial performance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the first of the available one -year extensions of the On Call Engineering Services Master Agreement with Pape- Dawson Engineers, Inc. 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 11th day of July, 2017. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50506887.1 EXHIBIT A ON CALL ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 /� o CITY OF SCHERTZ ON CALL ENGINEERING SERVICES MASTER AGREEMENT THE STATE OF TEXAS § § GUADALUPE COUNTY § This On Call Engineering Services Agreement (Agreement) is made and entered into by and between the City of Schertz, Texas (City), a Texas municipality, and Pape- Dawson Engineers (Professional). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of three years from its execution unless terminated as provided for herein. This Agreement may be extended if approved by the City Council for a period of one year. A maximum of two extensions may be made. This Agreement shall remain in force automatically beyond the effective term for a period which may reasonably be required for the satisfactory completion of a project which is already underway at the time of term expiration unless otherwise terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's three year authority to provide the Services provided for herein, and other consideration the sufficiency and receipt of which is hereby acknowledged, the Professional shall provide on -call engineering services to the City for purposes of general consulting, design, bid, and construction phase services the City of Schertz to include: 1. Water Transmission and distribution 2. Wastewater collection and conveyance 3. Streets, drainage and site work Projects for which services will be needed may include new infrastructure, miscellaneous improvements, modifications, and upgrades to existing facilities, which will require a Scope of Services to be provided by a qualified consultant(s) or consulting firm(s) or team. (B) The Professional shall provide plans, technical specifications, bid and construction phase support, and other related services, as requested, not limited to: 1. General Service including presentations at meetings and other Professional services as requested. On Call Engineering Services Master Agreement Pape- Dawson 2014 Page 1 of 6 2. Design services including field surveys, testing, design concepts. providing probable construction costs, document progress intervals, provide detailed plans and specifications, and other related services to design the project and prepare it to bid. 3. Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as required for the approval of all necessary permits. 4. During construction phase, provide construction stakes as requested, prepare change orders, specifications and documentation, make recommendations on Contractor change order requests, attend progress meetings and monitor construction schedule, provide observation and owner representation during construction, review and process all submittals, recommend substantial completion of the project, prepare record drawings, perform final inspection and report on final completion of the project. The provisions of Service required shall be referred to herein as the "Scope of Work ". (C) The quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. (D) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (E) The Professional may rely upon the accuracy of reports and surveys provided by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. (F) The Professional shall be required to execute a project contract in substantially the same form as the attached "Exhibit A" for each assigned Scope of Services project. Section 3. Compensation. The Professional shall be compensated pursuant to the agreed upon fee schedule which shall be "Exhibit B" to this Agreement. Section 4. Time of Completion. The prompt completion of the services relating to any Scope of Work is critical to the City. Unnecessary delays in providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar On Call Engineering Services Master Agreement Pape- Dawson 2014 _ Page 2 of 6 days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. On Call Engineering Services Master Agreement Pape- Dawson 2014 Page 3 of 6 Section 6. Termination. (A) This Agreement may be terminated: 1. By the mutual agreement and consent of both Professional and City; 2. By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; 3. By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. On Call Engineering Services Master Agreement Pape-Dawson 2014 Page 4 of 6 Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. On Call Engineering Services Master Agreement Pape- Dawson 2014 Page 5 of 6 Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations: Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this the � day of .2014. CITY: By: Name: J n C. Kessel Title: City Manager ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 PROFESSIONAL On Call Engineering Services Master Agreement Pape- Dawson 2014 Page 6 of 6 EXHIBIT A CITY OF SCHERTZ PROJECT AGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and /or "OWNER ", and CONSULTANT NAME AND ADDRESS. Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE 1 DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT I PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 EXPLANATION OF PROJECT FEE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 05202014 Page 1 ARTICLE 1: DEFINITIONS AS USED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE MEANINGS AS SET OUT BELOW: Agreement means this Master Agreement between CITY and CONSULTANT that establishes the terms and conditions for all Projects to be carried out under this Agreement. Application for Compensation means the form CONSULTANT uses to make a request to be paid for completed services. Application for Payment means the form CONSTRUCTION CONTRACTOR uses to make a request to be paid for completed work. Certificate for Payment means the form CONSULTANT uses to make recommendations on CONSTRUCTION CONTRACTOR'S Application for Payment. CITY means the City of Schertz, Texas. Claim means a demand or assertion by one of the parties seeking, as a matter of right, adjustment, or interpretation of the terms of this Agreement, payment of money, extension of time, or other relief with respect to the terms of this Agreement. The term "claim" also includes other disputes and matters in question between the OWNER and CONSULTANT arising out of or relating to this Agreement. Compensation means amounts paid by CITY to CONSULTANT for completed services under this Agreement. CONSTRUCTION CONTRACTOR means the firm hired by CITY to construct the Project. Construction Contract Documents means the contract between the CITY and the firm contracted by CITY to construct the Project and all documents therein. CONSULTANT means the entity named on the cover page of this Agreement and its officers, partners, employees, agents, and representatives, and all its subconsultants, if any, and all other persons or entities for which CONSULTANT is legally responsible. ENGINEER means CITY's City Engineer. Final Compensation means the final amounts paid by CITY to CONSULTANT for completed services under this Agreement. Final Payment means the final amounts paid by CITY to CONSTRUCTION CONTRACTOR for completed work under the construction contract. Project Agreement for Engineering Services rev 05202014 Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Construction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement/construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and/or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. ARTICLE 2: SCOPE OF SERVICES 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written summary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 05202014 Page 3 2.3 CONSULTANT, in consideration for the Compensation herein provided, shall render the professional Services described in this Section that are necessary for the development of the Project, including plans and specifications, construction management services, any special and general conditions, and instructions to bidders as acceptable to the Engineer, or his or her duly authorized representative. 2.4 CONSULTANT shall complete a Project in accordance with the following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments 1 and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 05202014 Page 4 2.6.7 In case of conflicts, follow and comply with the most stringent requirements for the Design Phases, 2.6.8 Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ALOE, etc.) as required for the approval of all necessary permits (determined during scoping for each individual project). 2.6.9 Provide detailed plans and specifications for the Project at appropriate progress intervals in requested formats (may include hard copy, .pdf, and .dwg). 2.6.10 Provide Opinion of Probably Construction Cost. 2.7 During Bid Phase CONSULTANT shall: 2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents. 2.7.2 Provide bid sets of contract, technical specifications, plans, and any other necessary documents in hard copy and digital format. 2.7.3 Attend pre -bid conference and prepare responses to questions and addenda as necessary. 2.7.4 Research qualifications and references of apparent low bidder(s) and provide a letter of recommendation for contract award. 2.8 During Construction Phase: 2.8.1 CONSULTANT shall monitor construction schedule. 2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site at intervals appropriate to the Phases to (1) become generally familiar with and to keep CITY informed about the progress and quality of the portion of the Work completed, and (2) endeavor to guard CITY against defects in Work. However, CONSULTANT will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. 2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work since these are solely CONSTRUCTION CONTRACTOR'S rights and responsibilities under the Contract Documents. CONSULTANT'S efforts will be directed toward providing for CITY a greater degree of confidence that the completed Work will generally conform to the Contract Documents. 2.8.4 CONSULTANT will not be responsible for CONSTRUCTION CONTRACTOR'S failure to perform the Work in accordance with the requirements of the Contract Documents. CONSULTANT will not have control Project Agreement for Engineering Services rev 05202014 Page 5 over or charge of and will not be responsible for acts or omissions of CONSTRUCTION CONTRACTOR, subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 2.8.5 CONSULTANT and CITY have authority to reject Work that does not conform to the Contract Documents. Whenever CONSULTANT or CITY considers it necessary or advisable, either CITY or CONSULTANT may require inspection or testing of the Work whether or not such Work is fabricated, installed or completed. However, neither this authority of CONSULTANT or CITY, nor a decision made by either, in good faith, to require or not require an inspection shall give rise to a duty or responsibility of CONSULTANT or CITY to CONSTRUCTION CONTRACTOR, subcontractors, material and equipment suppliers, agents or employees, or other persons or entities performing portions of the Work. 2.8.6 CONSULTANT will review and approve or take other appropriate action upon CONSTRUCTION CONTRACTOR'S submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. CONSULTANT will respond to submittals such as Shop Drawings, Product Data, and Samples pursuant to the procedures set forth in the Project specifications. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of equipment or systems, all of which remain the responsibility of CONSTRUCTION CONTRACTOR as required by the Contract Documents. CONSULTANT'S review of CONSTRUCTION CONTRACTOR'S submittals shall not relieve CONSTRUCTION CONTRACTOR of its obligations. CONSULTANT'S review shall not constitute approval of safety precautions or any construction means, methods, techniques, sequences or procedures unless otherwise specifically stated by CONSULTANT. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.8.7 CONSULTANT will, within three work days after receipt of CONSTRUCTION CONTRACTOR'S Application for Payment review the Application for Payment and either issue to OWNER and /or the affected utility a Certificate for Payment for such amount as CONSULTANT determines is properly due, or notify OWNER, any affected utility, and CONSTRUCTION CONTRACTOR in writing of CONSULTANT'S reasons for withholding recommendation of approval in whole or in part. 2.8.8 CONSULTANT'S issuance of a Certificate for Payment will constitute a representation by CONSULTANT to OWNER, based on CONSULTANT'S evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of CONSULTANT'S knowledge, information and belief, the quality of the work is in accordance with the design agreement documents or Construction Contract Documents. The foregoing representations are subject to an evaluation of the Project Agreement for Engineering Services rev 05202014 Page 6 Work for conformance with the design agreement documents, to results of subsequent tests and inspections, to correction of minor deviations from the design agreement documents prior to completion, and to any specific qualifications expressed by CONSULTANT. The issuance of a Certificate for Payment based on the CONSTRUCTION CONTRACTOR'S Application for Payment will further constitute a representation that CONSTRUCTION CONTRACTOR is entitled to payment in accordance with the Schedule of Values. The issuance of Certificate for Payment will not be a representation that CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Construction Contractor's right to payment, or (4) made any examination to ascertain how or for what purpose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if, in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or apart of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third party claims filed or reasonable evidence indicating probable filing of such claims for which CONSTRUCTION CONTRACTOR is responsible hereunder unless security acceptable to OWNER and the affected utility is provided by CONSTRUCTION CONTRACTOR; 2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments properly to the subcontractors and/or material providers; 2.8.9.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the agreement sum and CONSTRUCTION CONTRACTOR has failed to provide OWNER and the affected utility adequate Project Agreement for Engineering Services rev 05202014 Page 7 assurance of its continued performance within a reasonable time after demand; 2.8.9.5 damage to OWNER or another contractor; 2.8.9.6 reasonable evidence that the Work will not be completed within the agreement time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out the Work in accordance with the Construction Contract Documents. 2.8.10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall cant' out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to furnish such interpretations until 15 days after written request is made for CONSULTANT'S interpretation. 2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and reasonably inferable from the Construction Contract Documents and will be in writing or in the form of drawings. 2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but CITY reserves the right to issue instructions directly to CONSTRUCTION CONTRACTOR through inspectors or other designated CITY representatives. 2.8.15 CONSULTANT and CITY will conduct observations to determine the date of substantial completion of the Work. CONSULTANT shall provide to CITY a written recommendation of consideration of substantial completion of the Project. 2.8.16 CONSULTANT and CITY will conduct observations to determine the date of final completion. CONSULTANT will receive and forward to CITY, for CITY'S Project Agreement for Engineering Services rev 05202014 Page 8 review and records, written warranties and related documents required by the Construction Contract Documents and assembled by CONSTRUCTION CONTRACTOR, and will issue a final Approval for Payment upon compliance with the requirements of the Construction Contract Documents. Such final Approval will be accompanied by a signed and sealed statement from the CONSULTANT'S Engineer of Record that certifies to CITY that the project was constructed in accordance with the approved plans and specifications. 2.8.17 CONSULTANT shall prepare record drawings from information submitted by CONSTRUCTION CONTRACTOR and from CONSULTANT'S own observations in accordance with City standards. CONSULTANT shall provide record drawings in hard copy, .pdf, and .dwg formats to CITY. ARTICLE 3: COMPENSATION FOR SERVICES 3.1 Basic Services 3.1.1 Compensation for all Services included in this Agreement will be on a time and expense not -to- exceed basis in accordance with the negotiated, approved schedule of billing rates as set forth in the Master Agreement. Not -to- exceed compensation amounts, to the extent they have been negotiated shall be reflected in Attachment 3. A Proposal including a not -to- exceed cost will be provided by CONSULTANT along with a Scope of Services for each Project (Attachments 1 and 2). The amount to be paid to CONSULTANT, including authorized adjustments, is the total amount payable by OWNER to CONSULTANT for performance of the Services for the Project under this Agreement. It is agreed and understood that such amount will constitute full compensation to CONSULTANT for Services included in the Scope of Services and shall meet all requirements of CITY'S design guidelines applicable to the Project. Unless and until CITY makes further appropriations for any Services not included in the Scope of Services of this Agreement, the obligation of CITY to CONSULTANT for Compensation in connection with this Agreement cannot and will not exceed the sum described in this Section without further amendment to this Agreement. 3.1.2 No billing rate changes from those approved in the Master Agreement associated with this Agreement shall be made during the term of this Agreement without the prior written approval of CITY. 3.1.3 CONSULTANT shall submit monthly invoices to CITY describing the Services performed the preceding month. CONSULTANT'S invoices shall include the name of the person who performed the Service, a brief description of the Service performed and the Phase of the Project to which the Service relates, the date(s) the Service was performed, the number of hours spent on all Services billed on an hourly basis, and a description of any subconsultant fees and /or reimbursable expenditures. Project Agreement for Engineering Services rev 05202014 Page 9 3.1.4 CITY shall reimburse CONSULTANT only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by CITY. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by CONSULTANT: 3.1.4.1 Approved reproduction charges, 3.1.4.2 Actual costs of subconsultant(s) for performance of any of the Services that CONSULTANT agrees to provide pursuant to this Agreement, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and /or other costs and/or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation from OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. Project Agreement for Engineering Services rev 05202014 Page 10 3.1.7 CONSULTANT warrants that title to all deliverables produced in the performance of Services covered by an Application for Compensation will pass to OWNER no later than the time of payment. CONSULTANT further warrants that upon submittal of an Application for Compensation, all Services for which Applications for Compensation have been previously issued and payments received from OWNER shall, to the best of CONSULTANT'S knowledge, information and belief be free and clear of liens, claims, security interests or encumbrance in favor of CONSULTANT, or other persons or entities under contract with CONSULTANT making a claim by reason of having provided labor or services relating to CONSULTANT'S Services. CONSULTANT SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY OWNER TO CONSULTANT. 3.2 Additional Services 3.2.1 CONSULTANT shall not receive any compensation for additional Services without prior written authorization of CITY. Compensation for duly authorized additional Services shall be paid in accordance with the approved schedule of billing rates as set forth in the Master Agreement. 3.2.2 Examples of additional Services (not all inclusive) 3.2.2.1 Assistance to CITY as an expert witness in any litigation with third parties arising from the development of construction of a Project including the preparation of engineering data and reports. 3.2.2.2 Preparation of plats and field notes for acquisition of property. 3.2.2.3 Preparation of applications and supporting documents for governmental grants, loans, or advances in connection with a Project; preparation of review of environmental assessment and impact statements; review and evaluation of the effect on the design requirements of a Project of any such statements and documents prepared by others; and assistance in obtaining approval of authorities having jurisdiction over the anticipated environmental impact of a Project. 3.2.2.4 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of CONSULTANT. 3.2.2.5 Making revisions to drawings or specifications occasioned by acceptance of substitutions proposed by CONSTRUCTION CONTRACTOR; and Services after the award of each contract in Project Agreement for Engineering Services rev 05202014 Page 11 evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by CONSTRUCTION CONTRACTOR. 3.2.2.6 Preparing drawings, specifications, and supporting data and providing other Services in connection with change order requests to the extent that the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the Services required of CONSULTANT, provided such change order requests are required by causes not solely within the control of CONSULTANT; or in connection with change orders requiring significant engineering effort to compute and document the Work effort reflected by the Change Order. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and/or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR, 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 05202014 Page 12 3.2.2.13 Providing Services of geotechnical engineering firm to perform test borings and other soil or foundation investigations and related analysis not included in original Scope of Services for a Project. 3.2.2.14 Additional copies of Construction Contract Documents, review documents, bidding documents, reports, and or drawings over the number specified in the original Scope of Services for a Project. 3.2.2.15 Preparation of all documents dealing with 404 permits and railroad agreements. 3.2.2.16 Providing photographs, renderings, or models for CITY use. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD OF PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment — 4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits to OWNER its affidavit that the invoices for services, and other liabilities connected with the services for which OWNER, or OWNER'S property, might be responsible have been fully paid or otherwise satisfied or will be paid from final payment; releases and waivers of liens from all CONSULTANT'S subconsultants and of any and all other parties 'required by OWNER that are either unconditional or conditional on receipt of final payment; certificates of insurance showing continuation of required insurance coverage; such other documents as OWNER may request; and consent of surety to final payment. 4.2.2 Final Compensation — The final compensation to be made by CITY to CONSULTANT will be payable upon submission of the "Record Drawings ". CONSULTANT agrees to submit "Record Drawings: in print media, electronic format (.pdf and Awg formats) and final billing within 45 days of final acceptance of construction. Additionally, CONSULTANT agrees to submit a statement of release with the final billing notifying CITY that there is no further compensation owed to CONSULTANT by CITY beyond the final bill. Final billing shall indicate "Final Bill — no additional compensation is due to CONSULTANT ". Project Agreement for Engineering Services rev 05202014 Page 13 4.3 OWNER may withhold compensation to such extent as may be necessary, in OWNER'S opinion, to protect OWNER from damage or loss for which CONSULTANT is responsible, because of, 4.3.1 delays in the performance of CONSULTANT'S services; 4.3.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to OWNER is provided by CONSULTANT; 4.3.3 failure of CONSULTANT to make payments properly to subconsultants or vendors for labor, materials or equipment; 4.3.4 reasonable evidence that CONSULTANT'S work cannot be completed for the amount unpaid under this Agreement; 4.3.5 damage to OWNER or CONSTRUCTION CONTRACTOR; or 4.3.6 persistent failure by CONSULTANT to carry out the performance of its Services in accordance with this Agreement. 4.4 When the above reasons for withholding are removed or remedied by CONSULTANT, compensation of the amount withheld will be made within a reasonable time. OWNER shall not be deemed in default by reason of withholding compensation as provided for in this Article. 4.5 In the event of any dispute(s) between the parties regarding the amount properly payable for any Phase or as final Compensation, or regarding any amount that may be withheld by OWNER, CONSULTANT shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event CONSULTANT does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 4.6 OWNER shall make final compensation for all sums due CONSULTANT not more than 30 days after CONSULTANT'S final Application for Compensation. 4.7 Acceptance of final compensation by CONSULTANT shall constitute a waiver of claims except those previously made in writing and identified by CONSULTANT as unsettled at the time of final Application for Compensation. 4.8 CONSULTANT agrees to maintain adequate books, payrolls and records satisfactory to OWNER and all applicable utility providers in connection with any and all Services performed hereunder. CONSULTANT agrees to retain all such books, payrolls and records (including data stored in computer) for a period of not less than four years after completion of Work. At all reasonable times, OWNER and all applicable utility providers and their duly authorized representatives shall have access to all personnel of CONSULTANT and all such books, payrolls and records, and shall have the right to audit same. Project Agreement for Engineering Services rev 05202014 Page 14 ARTICLE 5: TIME, SCHEDULE, AND PERIOD OF SERVICE 5.1 Prior to commencement, CONSULTANT shall provide CITY with a schedule of Project Design Phases, Attachment 2. 5.2 Time is of the essence of this Agreement. CONSULTANT shall perform and complete its obligations for the various Phases of a Project under Section 4, Scope of Services, of this Agreement in a prompt and continuous manner so as to not delay the development of the design Services and so as to not delay the construction of the work for the Project in accordance with the schedules approved by CITY with CONSTRUCTION CONTRACTOR. Upon review of phase Services, if corrections, modifications, alterations, or additions are required of CONSULTANT, these items shall be completed by CONSULTANT before that Phase is approved. 5.3 CONSULTANT shall not proceed with the next appropriate Phase of Services without written authorization from the Engineer. CITY may elect to discontinue CONSULTANT'S Services at the end of any Phase for any reason. Notwithstanding any other provisions of this Agreement, if circumstance dictates, the Engineer may make adjustments to the scope of CONSULTANT'S obligations at any time to achieve the required design. 5.4 CONSULTANT shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations, or any other causes beyond CONSULTANT'S reasonable control. Within 21 days from the occurrence of any event for which time for performance by CONSULTANT will be significantly extended under this provision, CONSULTANT shall give written notice thereof to CITY stating the reason for such extension and the actual or estimated time thereof. If CITY determines that CONSULTANT is responsible for the need for extended time, CITY shall have the right to make a Claim as provided in this Agreement. 5.5 Term of Agreement shall be as follows: 5.5.1 This Agreement shall become effective upon and shall remain in effect until satisfactory completion of the Project unless terminated as provided for in this Agreement. ARTICLE 6: COORDINATION WITH CITY 6.1 CONSULTANT shall hold periodic conferences with the Engineer or his or her representatives to the end that the Project as developed shall have the full benefit of CITY'S experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist CONSULTANT in this coordination, CITY shall make available for CONSULTANT'S use in planning and designing the Project all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to this particular Project, at no cost to CONSULTANT. However, any and all such information shall remain the property of CITY and shall be returned by Project Agreement for Engineering Services rev 05202014 Page 15 CONSULTANT upon termination or completion of the Project or if instructed to do so by the Engineer. 6.2 The Engineer will act on behalf of CITY with respect to the Services to be performed under this Agreement. The Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT'S services. 6.3 CITY will give prompt written notice to CONSULTANT whenever CITY observes or otherwise become aware of any defect in CONSULTANT'S Services, in the work of CONSTRUCTION CONTRACTOR, or any development that affects the scope or timing of CONSULTANT'S Services. 6.4 All appraisals, notices, and permits shall be furnished by CONSULTANT under the Scope of Services unless otherwise assigned to CITY in the Scope of Services, Approvals and permits assigned to CITY shall be obtained from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for the completion of the Project. CONSULTANT will provide CITY reasonable assistance in connection with such approvals and permits such as the furnishing of data compiled by CONSULTANT pursuant to other provisions of this Agreement, but CONSULTANT shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions of this Agreement. ARTICLE 7: REVISIONS TO DRAWINGS AND SPECIFICATIONS 7.1 CONSULTANT shall make without expense to CITY such revisions to the drawings, reports or other documents as may be required to meet the needs of CITY which are within the Scope of Services, but after the approval of drawings, reports or other documents and specifications by CITY. Any revisions, additions, or other modifications made at CITY'S request which involve extra services and expenses to CONSULTANT shall be at additional compensation to CONSULTANT for such additional Services and expenses in accordance with Article 3 herein. Project Agreement for Engineering Services rev 05202014 Page 16 ARTICLE 8: OWNERSHIP OF DOCUMENTS 8.1 All previously owned documents, including the original drawings, estimates, specifications, and all other documents and data by CONSULTANT, will remain the property of CONSULTANT as instruments of service. However, CONSULTANT understands and agrees that CITY shall have free access to all such information with the right to make and retain copies of previously owned drawings, estimates, specifications and all other documents and data. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. 8.2 All completed documents submitted by CONSULTANT for final approval or issuance of a permit shall bear the seal with signature and date adjacent thereto of a registered professional engineer licensed to practice in the State of Texas. 8.3 CONSULTANT acknowledges and agrees that upon payment, CITY shall own exclusively any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to, or as a result of this Agreement and shall be used as CITY desires and documents, including the original drawings, estimates, specifications and all other documents and data shall be delivered to CITY at no additional cost to CITY upon request or termination or completion of this Agreement without restriction on future use. However, any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.4 CONSULTANT agrees and covenants to protect any and all proprietary rights of CITY in any materials provided to CONSULTANT. Such protection of proprietary rights by CONSULTANT shall include, but not be limited to, the inclusion in any copy intended for publication of copyright mark reserving all rights to CITY. Additionally, any materials provided to CONSULTANT by CITY shall not be released to any third party without the written consent of CITY and shall be returned intact to CITY upon termination or completion of this Agreement or if instructed to do so by the Engineer. 8.5 CONSULTANT HEREBY ASSIGNS ALL STATUTORY AND COMMON LAW COPYRIGHTS TO ANY COPYRIGHTABLE WORK THAT IN PART OR IN WHOLE WAS PRODUCED FROM THIS AGREEMENT TO CITY, INCLUDING ALL EQUITABLE RIGHTS. NO REPORTS, MAPS, DOCUMENTS OR OTHER COPYRIGHTABLE WORKS PRODUCED IN WHOLE OR IN PART BY THIS AGREEMENT SHALL BE SUBJECT OF AN APPLICATION FOR COPYRIGHT BY CONSULTANT. ALL REPORTS, MAPS, PROJECT LOGOS, DRAWINGS OR OTHER COPYRIGHTABLE WORK PRODUCED UNDER THIS AGREEMENT SHALL BECOME THE PROPERTY OF CITY (EXCLUDING ANY PRIOR OWNED INSTRUMENT OF SERVICES, UNLESS OTHERWISE SPECIFIED HEREIN). CONSULTANT SHALL, AT ITS EXPENSE, INDEMNIFY CITY AND DEFEND ALL SUITS OR PROCEEDINGS INSTITUTED AGAINST CITY AND PAY ANY AWARD OF DAMAGES OR LOSS RESULTING FROM AN INJUNCTION, AGAINST CITY, INSOFAR AS THE SAME ARE BASED ON ANY Project Agreement for Engineering Services rev 05202014 Page 17 CLAIM THAT MATERIALS OR WORK PROVIDED UNDER THIS AGREEMENT CONSTITUTE AN INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. 8.6 CONSULTANT may make copies of any and all documents and items for its files. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications and other documents by other engineers, or other persons, subsequent to the completion of the Project. CONSULTANT shall appropriately mark all changes or modifications on all drawings, specifications and other documents by other engineers or other persons, including electronic copies, subsequent to the completion of the Project. 8.7 Copies of documents that may be relied upon by CITY are limited to the printed copies (also known as hard copies) and .pdf- format electronic versions that are sealed and signed by CONSULTANT. Files in editable electronic media format of text, data, graphics, or other types (such as Awg) that are furnished by CONSULTANT to CITY are only for convenience of CITY or any utility. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.8 Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of CONSULTANT, unless expressly purchased by CITY, including but not limited to any computer software (object code and source code), tools, systems, equipment or other information used by CONSULTANT or its suppliers in the course of delivering the Services hereunder, and any know -how, methodologies, or processes used by CONSULTANT to provide the services or protect deliverables to CITY, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of CONSULTANT or its suppliers. ARTICLE 9: TERMINATION AND /OR SUSPENSION OF WORK 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform under this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 05202014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the suspension. Termination (under this paragraph) shall become effective immediately upon receipt of said written notice by CITY. 9.4 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Termination 9.4.1 Upon receipt of a notice of termination and prior to the effective date of termination, unless the notice otherwise directs or CONSULTANT immediately takes action to cure a failure to perform under the cure period set out in this Article. CONSULTANT shall immediately begin the phase -out and the discontinuance of all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within 30 days after receipt of such notice of termination (unless CONSULTANT has successfully cured a failure to perform) CONSULTANT shall submit a statement showing in detail the Services performed under this Agreement prior to the effective date of termination. CITY shall have the option to grant an extension to the time period for submittal of such statement. 9.4.2 Copies of all completed or partially completed specifications and all reproductions of all completed or partially completed designs, plans and attachments prepared under this Agreement prior to the effective date of Project Agreement for Engineering Services rev 05202014 Page 19 termination shall be delivered to CITY, in the form requested by CITY as a precondition to final payment. These documents shall be subject to the restrictions and conditions set forth in Article IX above. 9.4.3 Upon the above conditions being met, CITY shall promptly pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of the Compensation. 9.4.4 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims for compensation for services performed under this Agreement by CONSULTANT. 9.4.5 Failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims to collect monies that CONSULTANT may otherwise be entitled to for services performed under this Agreement. 9.5 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Suspension 9.5.1 Upon receipt of written notice of suspension, which date shall also be the effective date of the suspension, CONSULTANT shall, unless the notice otherwise directs, immediately begin to phase -out and discontinue all services in connection with the performance of this Agreement and shall proceed to promptly suspend all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. 9.5.2 CONSULTANT shall prepare a statement showing in detail the Services performed under this Agreement prior to the effective date of suspension. 9.5.3 Copies of all completed or partially completed designs, plans, and specifications prepared under this Agreement prior to the effective date of suspension shall be prepared for possible delivery to CITY but shall be retained by CONSULTANT until such time as CONSULTANT may exercise the right to terminate. 9.5.4 In the event that CONSULTANT exercises the right to terminate 120 days after the effective suspension date, within 30 days after receipt by CITY of CONSULTANT'S notice of termination, CONSULTANT shall promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement and shall submit the above referenced statement showing in detail the services performed under this Agreement prior to the effective date of suspension. 9.5.5 Any documents prepared in association with this Agreement shall be delivered to CITY as a precondition to final payment. Project Agreement for Engineering Services rev 05202014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and /or documents. ARTICLE 10: CONSULTANT'S WARRANTY 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. ARTICLE 11: ASSSIGNMENT OR TRANSFER OF INTEREST 11.1 CONSULTANT shall not assignor transfer its interest in this Agreement without the prior written consent of CITY. ARTICLE 12: INSURANCE REQUIREMENTS 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Certificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. 12.2 CITY reserves the right to review the insurance requirements of this Article during the effective period of this contract and any extension or renewal hereof and to request modification of insurance coverage's and their limits when deemed necessary and prudent by CITY'S Risk Manager based upon changes in statutory law, court decisions, or Project Agreement for Engineering Services rev 05202014 Page 21 circumstances surrounding this contract. In no instance will CITY allow modification whereupon CITY may incur increased risk. 12.3 CONSULTANT'S financial integrity is of interest to CITY. Therefore, subject to CONSULTANT'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONSULTANT shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at CONSULTANT'S sole expense, insurance coverage written on an occurrence or claims made basis, as appropriate, by companies authorized and approved to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII), in the following types and for an amount not less than the amount listed: INSURANCE REQUIREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. PersonalInjuiy e. Contractual Liability Business Automobile Liability a. Owned /Leased Vehicles b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) Statutory $1, 000, 000, 000 /$1,000,000,000 /$1,000,000,000 For Bodily Injury and Property Damage of $1,000,000 per occurrence. $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Combined Single Limit for Bodily Injury and property Damage of $1,000,000 per occurrence $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable 12.4 CITY may request and without expense to CITY, to inspect copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by CITY, and may request the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such Project Agreement for Engineering Services rev 05202014 Page 22 policies). CONSULTANT shall attempt to comply with any such requests, subject to the policy terms and conditions, and shall submit a copy of the replacement certificate of insurance to CITY at the address provided below within 10 days of the requested change, in the event the respective insurance companies approve the requested change(s). CONSULTANT shall pay any costs incurred resulting from said changes. City of Schertz Attn: City Engineer 10 Commercial Place Schertz, TX 78154 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 12.7 If CONSULTANT fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have and is not the exclusive remedy for failure of CONSULTANT to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon CONSULTANT'S failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, CITY shall have the right to order CONSULTANT to stop performing services hereunder and /or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof. Project Agreement for Engineering Services rev 05202014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 12.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. F. V4 NCO) gDikA19111Dh7101y[W.11M[1191 13.1 CONSULTANT, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AGREEMENT FOR PROFESSIONAL SERVICES, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COST, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF CONSULTANT, ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONSULTANT OF CONSULTANT, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE SERVICES, RIGHTS OR DUTIES UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT CONSULTANT AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of CONSULTANT'S activities under this Agreement. Project Agreement for Engineering Services rev 05202014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 14: CLAIMS AND DISPUTES 14.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of this Agreement's terms, payment of money, and extension of time or other relief with respect to the terms of this Agreement. The term "Claim" also includes other disputes and matters in question between OWNER and CONSULTANT arising out of or relating to this Agreement. Claims must be initiated by written notice. Every Claim of CONSULTANT, whether for additional Compensation, additional time, or other relief, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind CONSULTANT by signature) of CONSULTANT, verifying the truth and accuracy of the Claim. The responsibility to substantiate Claims shall rest with the party making the Claim. 14.2 Time Limit on Claims. Claims by CONSULTANT or by OWNER must be initiated within 30 calendar days after occurrence of the event giving rise to such Claim. Claims by CONSULTANT must be initiated by written notice to OWNER. Claims by the OWNER must be initiated by written notice to CONSULTANT. 14.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, CONSULTANT shall proceed diligently with performance of this Agreement and OWNER shall continue to make payments in accordance with this Agreement. 14.4 Claims for Additional Time. If CONSULTANT wishes to make Claim for an increase in the time for performance, written notice as provided in this Article 14 shall be given. CONSULTANT'S Claim shall include an estimate of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 14.5 Claims for Consequential Damages. Except as otherwise provided in this Agreement, in calculating the amount of any Claim or any measure of damages for breach of contract (such provision to survive any termination following such breach), the following standards will apply both to claims by CONSULTANT and to claims by OWNER: 14.5.1 No consequential damages will be allowed. Project Agreement for Engineering Services rev 05202014 Page 25 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of Governmental Immunity. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO WAIVE OWNER'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE 15: SEVERABILITY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. ARTICLE 16: ESTIMATES OF COST 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. ARTICLE 17: INTEREST IN CITY CONTRACTS PROHIBITED 17.1 No officer or employee of CITY shall have a financial interest, directly or indirectly, in any contract with CITY, or shall be financially interested, directly or indirectly, in the sale to CITY of any land, materials, supplies or service, except on behalf of CITY as an officer or employee. This prohibition extends to other CITY boards and commissions, which are more than purely advisory. The prohibition also applies to subcontracts on CITY projects. 17.2 CONSULTANT acknowledges that it is informed that the Charter of CITY prohibits a CITY officer or employee, as those terms are defined in the Ethics Code, from having a financial interest in any contract with CITY or any CITY agency. 17.3 CONSULTANT warrants and certifies, and this Agreement is made in reliance thereon, that it, its officers, employees and agents are neither officers nor employees of CITY. CONSULTANT further warrants and certifies that it has tendered to CITY a Discretionary Contracts Disclosure Statement. Project Agreement for Engineering Services rev 05202014 Page 26 ARTICLE 18: CONFLICTS OF INTEREST DISCLOSURE 18.1 All consultants most disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or employee also owns at least 10 %, or having an established business relationship as client or customer. ARTICLE 19: STANDARD OF CARE 19.1 Services provided by CONSULTANT under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 19.2 CONSULTANT shall be represented by a registered professional engineer licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including but not limited to scope meetings, review meetings, pre -bid meetings, and preconstruction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. ARTICLE 20: RIGHT OF REVIEW AND AUDIT 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. ARTICLE 21: ENTIRE AGREEMENT 21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 05202014 Page 27 negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22: VENUE 22.1 The obligations of the parties to this Agreement shall be performable in the City of Schertz or its Extra Territorial Jurisdiction, located in Bexar, Comal, and Guadalupe Counties, Texas, and if legal action, such as civil litigation, is necessary in connection therewith, exclusive venue shall lie in Guadalupe County, Texas. ARTICLE 23: NOTICES 23.1 Except as may be provided elsewhere herein, all notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective party by depositing the same in the United States Postal Service addressed to the applicable address shown below, unless and until either party is otherwise notified in writing by the other party of a change of such address. Mailed notices shall be deemed communicated as of five calendar days of mailing. Notices provided via email shall be deemed communicated as of the next business day after the notice is sent. If intended for CITY, to: If intended for CONSULTANT, to City of Schertz Engineering Department 10 Commercial Place Schertz, Texas 78154 The address listed on the first page of this Agreement. ARTICLE 24: INDEPENDENT CONTRACTOR 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as making CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. ARTICLE 25: CAPTIONS 25.1 The captions for the individual provisions of this Agreement are for informational purposes only and shall not be construed to effect or modify the substance of the terms and conditions of this Agreement to which any caption relates. Project Agreement for Engineering Services rev 05202014 Page 28 IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of 20 (the "Effective Date "). CITY OF SCHERTZ CITY MANAGER CONSULTANT Co 1s/u tantNammee TITLE Project Agreement for Engineering Services rev 05202014 Page 29 ATTACHMENT PROJECT SCOPE OF SERVICES To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 30 ATTACHMENT PROJECT DESIGN PHASES COST AND TIMELINE PROJECT PHASE ESTIMATED COST TIME IN CALENDAR DAYS Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Phase Construction Phase including Closeout TOTAL ESTIMATED COST (NOT -TO- EXCEED AMOUNT) To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 31 ATTACHMENT3 EXPLANATION OF PROJECT FEE To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 32 ATTACHMENT 4 ADDITIONAL SERVICES AND /OR EXPANDED SCOPE OF SERVICES To be completed upon project assignment. Project Agreement for Engineering Services rev 05202014 Page 33 PAPE- DAWSON EXHIBIT B r ENGINEERS LAND DEVELOPMENT ENVIRONMENTAL TRANSPORTATION WATER RESOURCES SURVEYING SCHEDULE OF REPRESENTATIVE RATES Effective June 1, 2014 Classification Hourly Charge Rate* Chairman 250.00 President / CEO 250.00 Vice President 230.00 Senior Manager' Engineer 170.00 - 190.00 Project Manager 125.00 - 160.00 Project Engineer 120.00- 150.00 Project Surveyor 110.00- 150.00 Assistant Manager 110.00- 135.00 Designer / E.I.T. 75.00- 130.00 GIS Analyst 95.00- 130.00 Environmental Scientist, Geologist & Archeologist 65.00- 160.00 Technician 60.00- 115.00 Clerical 30.00 - 80.00 Survey Crew (4 person) with equipment 195.00 Survey Crew (3 person) with equipment 170.00 Survey Crew (2 person) with equipment 145.00 CADD 25.00 Micro Processor 15.00 Total Station / Data Collector 12.50 GPS 30.00 *Ranges are shown for some employee classifications due to varying rates of individuals performing work. SAN ANTONIO / AUSTIN 555 East Ramsey San Antonio. Texas 78216 HOUSTON / FORT WORTH P 210.375.g000 F 210.3759010 www.pape dawson.com SCHEDULE OF EQUIPMENT RATES Effective June 1, 2014 Daily Charge Rates Organic Vapor Meter 100.00 Interface Probe 55.00 Combustible Gas / Oxygen Meter 55.00 Water Level Meter 25.00 Hand Auger Equipment 75.00 G.W. Field Meters 25.00 Well Sample Kit 15.00 Fd PAPE- DAWSON ENGINEERS RESOLUTION NO. 14 -R -57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH PAPE - DAWSON ENGINEERS, INC. FOR ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires a professional services agreement with Pape- Dawson Engineers, Inc. relating to on -call engineering services for the City; and WHEREAS, City staff has determined that Pape- Dawson Engineers, Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Pape- Dawson Engineers, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement'). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ill: /:11YI Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Pape- Dawson Engineers, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this I" day of July, 2014. ATTEST: renda Dennis, City Secretary (CITY SEAL) 50506887.1 I '4'ilo WW.l ON CALL CONSTRUCTION ENGINEERING SERVICES MASTER AGREEMENT 50506887.1 A -1 Agenda No. 15 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: Finance Subject: Ordinance No. 17 -T -26 - An ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund additional contract inspection services, to provide funding for the Schertz Housing Authority, to provide funding for a stone monument sign, and for EMS community support services, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date; First reading BACKGROUND With Ordinance 16 -T -29 the City Council of the City of Schertz approved the annual budget for FY 2016 -17 which the City must have in place to make expenditures. Per the Texas Local Government Code Title 4 Subtitle A Sec. 102.009 (b) after final approval of the budget, the governing body may spend municipal funds only in strict compliance with the budget. Section 102.010 states the governing body of the municipality may make changes in the budget for municipal purposes. Staff is proposing to amend the budget to increase the General Fund Budget by $172,000, $167,000 for inspection contract services and $5,000 to support the Schertz Housing Authority, and recognize an additional $172,000 in permit revenues coming in over budget to offset the increase. Parkland Dedication needs to increase its budget to fund the Rhine Valley stone monument sign out of its fund balance. EMS needs to amend the budget to also increase the budget by $75,545 for community support services and to recognize and additional $75,545 in revenue generated by the sale and services related to the community support program. In an effort to maintain and even reduce the length of time it takes to review and issue permits and perform inspections even in light of increased permitting activity, staff has been relying on contract inspection services to supplement building inspections staff. In July of 2015 the City began utilizing a number of firms to do inspections, primarily residential, both residential and commercial and for specialized inspections such as medical gas inspections for which staff does not have appropriate certifications to perform. With the increased permit activity so far this fiscal year and due to a significant loss in staff time due to medical issues, staff has increasingly had to rely on the contract inspections firms. Through the first three quarters of this fiscal year, the City has issued 286 single family permits, more than were issued all of the previous fiscal year. There are currently over 36 permits for new single family homes that are being reviewed. New single family homes average 22 inspections. Additionally, plans have been reviewed, permits issued and inspections are being performed in conjunction with the Comal ISD Middle School, SCUCISD Rose Garden Elementary School, and the Clemens High School renovations. School plans take a significant amount of staff time to review and inspect. Through the first three quarters of this fiscal year, permit /inspections revenue is more than $600,000 over the entire fiscal year's budget budgeted amount. The full building permit for the Clemens High School renovations have not been issued, nor have the permit and plan check fees of approximately $500,00 that have not been collected. It also does not include permit /inspections revenue that is anticipated to be received for the last quarter of this fiscal year. Additionally, a number of inspections staff have been out on medical leave for a substation amount of time. Unlike staff vacancies where unused funding for salaries can be moved to cover contract services costs, salaries are still paid to employees when out on medical leave. The City has four staff positions that do plan review and inspections. This fiscal year nearly 650 hours has been lost due to medical leave. In an effort to improve staff efficiencies and effectiveness, the inspections staff has been attending training. Two inspectors recently passed their plumping inspectors exam which is required in the State of Texas to perform plumbing exams, as a result all four of these staff now hold this certification. The Schertz Housing Authority provides a value service to our citizens and it is a common practice for cities to provide support to their housing authorities. To mirror other citizen assistance programs supported by the City, staff is recommending adjusting the budget to provide $5,000 to the Housing Authority. This amount will equal what is currently provided to the Prescription Assistance Program and Children's Advocacy Program. Parkland Dedication provides stone monument signs for each of the city parks. This year it was planned for a monument sign for the Aquatics Center, Cypress Point, and Heritage Oaks. The Rhine Valley Park came to the city quicker than was anticipated and the budget for the monument signs has been used up. Staff is requesting $5,700 to purchase and install the sign which is proposed to come out of the Parkland Dedication's $305,871 fund balance available for projects and programs. The EMS Community Support Service program provides CPR (Cardio Pulmonary Resuscitation) and first aid classes to the community, with over 600 people having been trained so far this year. The program also sells and provides training for AEDs (Automated External Defibrillators) in our service area. These services are provided for by fees that offset supplies and staff time. So far this year they have sold approximately 50, far more than the 10 they sold last year. While revenues from the classes and AED sales are over estimates, so are the associated costs. Having these AEDs and providing CPR classes to the community, schools, and businesses the city services increases the chances for survival for victims of sudden cardiac arrest. The proposed adjustment will recognize an appropriate level of revenue based on the new information we've received and set the budget to match. Previously, staff focused on preventing a reduction in fund balance during the course of the fiscal year. With that the city looked first for ways to balance the budget for unexpected midyear expenditures without just increasing the budget and dipping into reserves. The first method was to match the additional expenditure with revenues that was performing above original estimates, the second was to move unused funds from other departments, or third was to have departments reduce spending and possibly reduce service. In looking at best practices in other communities, the City of Austin allows individual accounts or programs to go over budget by a predetermined amount but the overall department must balance. If the department does not balance, staff goes to their council for official action to correct the budget. The City of Schertz operated under a similar practice. A few accounts or programs would be allowed to go over budget as long as the department as a whole didn't go over. Once it was identified the department would go over as well, staff would go to council with a proposed adjustment, but would usually wait and include as many departments as possible to reduce the number of agenda items. As part of an ongoing review of budget practices, for FY 2017 -18 the plan is to change the practice on budget adjustments. The accounting system software will lock accounts and prevent them from going over budget at all. Departments and Finance will have to correct the budget before expenditures are made that would cause an overbudget situation. This will allow staff to react much faster to these types of issues and get the budget corrected in a more pre - emptive manner rather than coming once toward the end of the year to reconcile the overages. Community Benefit These services help our developers with faster service and our citizens through the Housing Authority and the lifesaving training and equipment provided by EMS. Summary of Recommended Action Approval of Ordinance 17 -T -26 approving the midyear budget adjustment. FISCAL IMPACT This ordinance will increase the General Fund Budget by $172,000 and the EMS Budget by $75,545. Both increases will be supported by additional revenues that were not anticipated in the original budget. The Parkland Dedication budget adjustment of $5,700 will be funded from the $305,971 Fund Balance, leaving $300,271 for other projects or programs. RECOMMENDATION Approval of First reading Ordinance No. 17 -T -26 ATTACHMENT Ordinance No. 17 -T -26 ORDINANCE NO. 17 -T -26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT FUND ADDITIONAL CONTRACT INSPECTION SERVICES, TO PROVIDE FUNDING FOR THE SCHERTZ HOUSING AUTHORITY, TO PROVIDE FUNDING FOR A STONE MONMUMENT SIGN, AND FOR EMS COMMUNITY SUPPORT SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 16 -T -29, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2016 -2017 (the `Budget), which provides funding for the City's operations throughout the 2016 -2017 fiscal year; and WHEREAS, the City needs to increase the Budget to authorize expenditures of $172,000 for the funding of the contract inspection services and to provide funding for the Schertz Housing Authority in the General Fund, $5,700 for an additional stone monument for Rhine Valley Park in the Parkland Dedication Fund, and $75,545 for Community Support in the EMS Fund; and WHEREAS, the City needs to recognize additional revenue from permits and fees for the inspection services in the amount of $172,000 and $75,545 the sale and services related to community support; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the additional revenue and expense for the event; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget adjustment for the General Fund for the contract inspection services and the community support services, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $176,000 in the General Fund, $167,000 for the contract inspection services and $5,000 to fund the Schertz Housing Authority, $5,700 in the Parkland Dedication Fund for the Rhine Valley stone monument sign, and $75,545 in the EMS Fund for community support services. Section 2. The City shall recognize the additional $172,000 in revenue from permits and fees in the General Fund and $75,545 in revenue from fees in the EMS Fund. Section 3. The City shall use $5,700 out of the Parkland Dedication Fund Balance to fund the stone monument sign. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the day of , 2017. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of .2017. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 16 CITY COUNCIL MEMORANDUM City Council Meeting: July 11, 2017 Department: City Manager Subject: Resolution No. 17 -R -49 — A resolution by the City Council of the City of Schertz, Texas, authorizing an interlocal agreement for funding assistance for the Schertz Housing Authority BACKGROUND The Schertz Housing Authority administers housing assistance programs for families in need in the community. In light of rising housing costs and the growing population, the Schertz Housing authority provides a critical public purpose in providing housing assistance, including operating a number of housing complexes and administering housing voucher programs in the area. Without the Schertz Housing authority providing this service, many residents in need would not have local access to housing assistance programs. Goal Assist City residents in need of quality affordable housing. Community Benefit Healthier citizens Summary of Recommended Action Since at least 2000, the City has provided $5,000 per year to Guadalupe Regional Medical Center in Seguin to assist in the provision of prescriptions to needy Schertz residents. The City also provides support in the amount of $5,000 annually to CASA to assist children in foster care. Given the role that the Schertz Housing Authority plays in providing quality affordable housing to the residents of Schertz, this funding will allow them to continue to operate and provide services. In an effort to move forward quickly on this item, the resolution authorizes the City Manager and City Attorney to develop the actual interlocal agreement, similar to the one with the Guadalupe Regional Medical Center regarding use of the funds and reporting requirements. FISCAL IMPACT $5,000 to be provided per Ordinance 17 -T -26 that is on this agenda for consideration. RECOMMENDATION Approval of Resolution No. 17 -R -49 ATTACHMENT Resolution No. 17 -R -49 RESOLUTION NO. 17 -R -49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE SCHERTZ HOUSING AUTHORITY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz Housing authority provides housing assistance programs for families in need in the community; and WHEREAS, local access is often critical to families in need of housing assistance; and WHEREAS, in light of increasing housing costs and a growing population, there is a significant public purpose in offering affordable housing assistance in a community; and WHEREAS, a lack of affordable housing programs can lead to significant negative problems in a community, impacting areas such neighborhood quality and creating instability in a community; and WHEREAS, a housing instability can impact economic security, education, health and access to services and job; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an interlocal agreement with the Schertz Housing Authority relating to housing assistance programs; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Schertz Housing Authority; and WHEREAS, in an effort to provide assistance in a timely manner, the City Manager and City Attorney are hereby authorized to develop and execute an interlocal agreement to provide for funding and reporting. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Schertz Housing Authority an interlocal agreement that provides for use of the funds by the Schertz Housing Authority and updates to City Council on housing programs provided by the Schertz Housing Authority. 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. 50465067.2 A -1 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 11th day of July, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50465067.2 A -2 Agenda No. 17 CITY COUNCIL MEMORANDUM City Council Meeting: July 10, 2017 Department: Planning & Community Development Subject: Resolution No. 17 -R -56 - A Resolution by the City of Schertz authorizing expenditures with BB Inspections, totaling no more than $180,000 for building inspection services during the 2016 -17 Fiscal Year and no more than $180,000 during the 2017 -2018 Fiscal Year and other matters in connection therewith. BACKGROUND In an effort to meet citizen needs and department workloads, the City initially contracted with BB Inspections (B &B) in July 2015 for building inspection services and sought Council approval in June 2016 to increase the amount spent with B &B. The inspections department began utilizing three firms in July of 2015, B &B, Rudy Cantu and ATS. B &B is used most heavily as they provide both plan review, general inspection and specialized inspection services, such as medical gas inspections and can respond in a timely manner to increased plan submittals and calls for inspections. A timely response is particularly important as the City's goal is to conduct inspections for all requests submitted prior to 6:00 am. The number of inspections generally called in is generally between 40 and 80, but can be over 100. Also, different inspections take different lengths of time — a framing inspection with electrical and mechanical rough -in and top out generally takes 45 minutes to an hour, not including drive time. In an effort to provide better service to our residents who may need to take off work to be present for an inspection we allow requests to be made than an inspection be conducted in the morning and afternoon which can increase the concentration of inspections during the day. As mentioned above, the City initially entered into a contract with B &B in July 2015. In June 2016, Executive Director Brian James went to City Council to seek approval to increase the amount to be spent with B &B for up to $95,000 for the remainder of the FY 15 -16 fiscal year. The contract with B &B was a one year contract and was due to expire on July 17, 2016; only three weeks after this item was considered at Council. During the discussion of the item, Brian James indicated incorrectly that the item presented was a contract extension, the staff report and caption clearly indicate the item was just to increase the amount to be spend that fiscal year and only up to $95,000. During the discussion of the item Brian James mentioned that the amount the City would use B &B going forward would perhaps increase due to a number of factors, staff vacancies, permit numbers, goals for plan review times, etc. As part of a review of contracts it was discovered that the contract with B &B had expired and that to date the City has spent approximately $135,000 with B &B this fiscal year. As such, staff is seeking approval from City Council to enter into a 15 month contract (through FY 2017 -18) with B &B with a not to exceed amount of $180,000 per fiscal year. This would be the maximum amount to be spent per fiscal year with B &B and would be less if permits slow down. The increased permit activity so far this fiscal year and due to a significant loss in staff time due to medical issues, staff has increasingly had to rely on the contract inspections firms, but primarily B &B. Through the first three quarters of this fiscal year, the City has issued 286 single family permits, more than were issued all of the previous fiscal year. There are currently over 36 permits for new single family homes that are being reviewed. New single family homes average 22 inspections. Additionally, plans have been reviewed, permits issued and inspections are being performed in conjunction with the Comal ISD Middle School, SCUCISD Rose Garden Elementary School, and the Clemens High School renovations. School plans take a significant amount of staff time to review and inspect. Through the first three quarters of this fiscal year, permit /inspections revenue is more than $600,000 over the entire fiscal year's budget budgeted amount. The full building permit for the Clemens High School renovations have not been issued, nor have the permit and plan check fees of approximately $500,00 that have not been collected. It also does not include permit /inspections revenue that is anticipated to be received for the last quarter of this fiscal year. Additionally, a number of inspections staff have been out on medical leave for a substation amount of time. Unlike staff vacancies where unused funding for salaries can be moved to cover contract services costs, salaries are still paid to employees when out on medical leave. The City has four staff positions that do plan review and inspections. This fiscal year nearly 650 hours has been lost due to medical leave. In an effort to improve staff efficiencies and effectiveness, the inspections staff has been attending training. Two inspectors recently passed their plumping inspectors exam which is required in the State of Texas to perform plumbing exams, as a result all four of these staff now hold this certification. GOAL To obtain authorization from City Council to contract with BB Inspections, to provide building inspections services in an amount not to exceed $180,000 per fiscal year through FY 2017 -18. COMMUNITY BENEFIT Provide superior customer service by reducing inspection and review times for citizens and builders. SUMMARY OF RECOMMENDED ACTION Staff recommends that Council authorize Staff to continue to utilize BB Inspections for hourly consulting building inspection services as needed through Fiscal Year 2017 -18 in an amount not to exceed $180,000 per fiscal year. FISCAL IMPACT Funds for the remaining part of the current fiscal year are being requested through item 15 and would need to be included in the FY 2017 -18 budget in order to continue to utilize B &B next fiscal year. ATTACHMENTS Resolution 17 -R -56 Services Agreement RESOLUTION NO. 17 -R -56 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH BB INSPECTIONS FOR INPSECTION AND PLAN REVIEW SERVICES AND EXPENDITURES WITH BB INSPECTIONS TOTALING NO MORE THAN $180,000.00 FOR BUILDING INSPECTION SERVICES DURING THE REMAINDER OF FY 2016 -2017 AND NO MORE THAN $180,000 FOR FISCAL YEAR 2017 -2018 AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires consultant building inspection services; and WHEREAS, City staff has determined that BB Inspections is qualified to provide such services for the City; and WHEREAS, the City has previously contracted with BB Inspections for inspections and plan review; and WHEREAS, the City Council authorizes City Staff to enter into an contract for services by BB Inspections in an amount not to exceed $180,000.00 for the remainder of Fiscal Year 2016 -2017 and not to exceed $180,000 for Fiscal Year 2017 -2018. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes a contract and expenditures with BB Inspections not to exceed $180,000.00 per fiscal year generally per the Services Agreement attached hereto as 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 11 r" day of July, 2017 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- EXHIBIT A -3- CITY OF SCHERTZ SERVICE AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and BB Inspection Services, LLC. ( "Contractor "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect until September 30, 2018 unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor may submit an invoice for payment upon completion of the described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Not to Exceed Contract Amount. Expenditures for this contract shall not exceed ONE HUNDRED EIGHTY THOUSAND AND NO /100 DOLLARS ($180,000.00) per fiscal year. Fiscal year one shall be the October 1, 2016 through September 30, 2017. Fiscal year two shall be October 1, 2017 through September 30, 2018. CITY OF SCHERTZ PAGE 1 BB Inspection Services, LLC. Service Agreement Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C ". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these CITY OF SCHERTZ PAGE 2 BB Inspection Services, LLC. Service Agreement insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the CITY OF SCHERTZ PAGE 3 BB Inspection Services, LLC. Service Agreement other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. CITY OF SCHERTZ PAGE 4 BB Inspection Services, LLC. Service Agreement (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such parry designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving parry's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach CITY OF SCHERTZ PAGE 5 1111 Inspection Services, LLC. Service Agreement or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. CITY OF SCHERTZ PAGE 6 BB Inspection Services, LLC. Service Agreement Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter 1, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, https: / /www.ethics.state.tx.us /whatsnew /elf info_forml295.htm and https: / /www. ethics .state.tx.us /tec /1295 - Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 7 BB Inspection Services, LLC. Service Agreement EXECUTED on this the CITY: day of , 2017. CONTRACTOR: By: By: Name: John C. Kessel Name: Title: City Manager Title: ADDRESS FOR NOTICE: CITY: City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CONTRACTOR: BB inspection Services, LLC 409 Skyforest Drive San Antonio, TX 78232 210 - 494 -3050 CITY OF SCHERTZ PAGE 8 BB Inspection Services, LLC. Service Agreement Exhibit "A" SCOPE OF WORK Proi ect The Contractor shall provide plan review and building inspection services to the City. Location Various City locations Scope of Work The Contractor shall review provide building inspection services for any residential or commercial structure in Schertz, Texas. The Contractor will employ currently adopted International Building Code and Supplements thereto and the state - mandated 2014 National Electrical Code and 2015 International Energy Conservation Code. City will schedule inspections with Contractor as needed. Contractor will provide services within two business days, unless otherwise agreed upon by City and Contractor. Contractor will provide inspection report to City electronically. Fee Schedule Individual Inspections: Combo Frame Inspections (Frame and MEPs) Plan Review Fee Schedule Residential: Multi Family: Commercial: Misc. commercial work $50.00 $100.00 $50.00 per plan $60.00 per hour (minimum, one hour) $60.00 per plan $60.00 per hour Term of Service Agreement This Service Agreement shall automatically terminate September 30, 2018. This contract shall be terminated if funds allocated for expenditure under this agreement are not available as provided for in section 7. of this agreement. Maximum Contract Expenditure Cumulative expenditures under this agreement shall not exceed $360,000.00 during its term. Maximum expenditures during each of the Schertz fiscal years shall not exceed $180,000.00. Fiscal year one is defined as October 1, 2016 through September 30, 2017. Fiscal year two is defined as October 1, 2017 through September 30, 2018. CITY OF SCHERTZ PAGE 9 BB Inspection Services, LLC. Service Agreement Exhibit `B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum An-Best rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ 1113 Inspection Services, LLC. Service Agreement emailed to: purchasin2Aschertz.com Faxed to: 210 - 619 -1169 PAGE 10 . nh+letwumoraYYrl CERTIFICATE OF LIABILITY INSUMNICC PHIS 011111,5PICATa 16 ISSUED AS A tAKTT ®11 of, 11F'o11mAir1a1I ONLY AND CONP8II -B NO I11011TI} (PON TM CORV:IPIOATH HOL4eR. 111111 0115 VIOAV 00416 NOT AITfrJFtfTA71VIII,Y OR I'MOA714 PLY AWNI). 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UITOGhw sosslonIn241i). 011OULD ANY OF TILdAIDOV11DI 'MORlDIMPa31.1�1F8hVCOUJ eLLUI)IOMFORe THIII HICWhlAI"N PAIR 1HERGOP, ROME WL1, Pli pEL1V811101:1 IN OQ 1400 Scheffz Parkway ACOOHMNOCIA4711 T1iUKtgFYPROYISIPNIr. .8chinoz, Tx M54 4 Aurnumzip rame11c1rrAmu Att1, PurchaMrlq Dopl. +S AI.)TI10 RIM- 4) r2EQUIRK I—I GOR3 29 (2010h) The ACOIIIS narno and logo nro raV910rad nkolka of AC01`10 CITY OF SCHERTZ PAGE 11 BB Inspection Services, LLC. Service Agreement (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 12 BB Inspection Services, LLC. Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 13 BB Inspection Services, LLC. Service Agreement