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10-10-2017 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL OCTOBER 10, 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 Pro -Tem Edwards) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Proclamation • Proclamation recognizing Domestic Violence Awareness Month. (Mayor Carpenter/N. Solis- Douglass) • Proclamation recognizing Fire Prevention Week. (Mayor Carpenter /K. Long) New Employee Recognition Police Lidia Mendoza, Communications Officer, Donald Robinson, Police Officer, Anna Kraft, Police Officer, Nathan Crane, Police Officer (M. Hansen) Animal Services – Mackenzie Taubert, Animal Shelter Tech, (D. Hernandez) EMS – Heather Cornell, EMS Billing Clerk, Richard Wiggins, Paramedic (PT), Amanda Hausman, Paramedic (J. Mabbitt) Public Affairs —Sarah Salazar, Civic & Community Center Coordinator (L. Klepper) Development Services —James Cowey, Building Inspector (L. Wood) Finance —Diana Perez Ortiz, Accountant I (J. Walters) 10 -10- 2017 - Council Agenda Closed Session 1. City Council will meet in closed session under Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of a City Prosecutor. Reconvene into Regular Session Ia. Take any action based on discussions held in closed session under Agenda Item 1. Roll Call Vote Confirmation Presentation • Presentation regarding the upcoming November 7, 2017 Election. (B. Dennis) • Presentation by Animal Services regarding recent coyote sightings. (D. Wait /D. Hernandez /L. Tschirhart-Heji) • Update on the progress of the new city website design. (B. James/M. Clauser) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fall out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 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. 2. Minutes — Approval of the minutes of the Regular Meeting of September 26, 2017. (J. Kessel /B. Dennis) 3. Ordinance No. 17 -K -37 — Consideration and/or action approving an Ordinance releasing and terminating a drainage easement on Lots 1 -5, Block 3 and Lots 1 -7 Block 2 of the Mesa Oaks Subdivision. Final Reading (B. James /L. Wood/B. Cox) Discussion Items 10 -10 -2017 City Council Agenda Page - 2 - 4. Ordinance No. 17 -S -39 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified PH Development Code, Article 1 General Provisions. First Reading (B. James /L. Wood/E. Grobe) 5. Ordinance No. 17 -S -40 — Conduct a public hearing and consideration and/or action PH approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, Article 3 Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14. First Reading (B. James /L. Wood/E. Grobe) 6. Ordinance No. 17 -S -41 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified PH Development Code, Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facility Agreements. First Reading (B. James /L. Wood/C. Gould) 7. Ordinance No. 17 -S -42 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified PH Development Code, Article 4, Section 21.4.3 Notice Requirements. First Reading (B. James /L. Wood /C. Gould) 8. Ordinance No. 17 -S -43 — Conduct a public hearing and consideration and/or action PH approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, Article 14, Section 21.14.6A Sidewalks and Hike and Bike Trails — requirements. First Reading (B. James /L. Wood/E. Grobe) 9. Resolution No. 17 -R -87 — Consideration and/or action approving a Resolution authorizing a development agreement with Paul and Mary Rundus related to a 39 acre tract of land approximately 3500 feet north of the intersection of Trainer Hale Road and Weir Road. (B. James /L. Wood/B. Cox) 10. Resolution No. 17 -R -88 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into a contract with Tank Pro, Inc. for the Schertz elevated storage tank repainting project. (D. Wait /J. Hooks) 11. Resolution No. 17 -R -89 — Consideration and/or action approving a Resolution authorizing the Dedication Acceptance of one (1) 1622.22 sq /ft Sanitary Sewer Line Easement along the Maske Road right -of -way from the Jonas Woods LTD HOA for placement, maintenance and repair of a sanitary sewer line. (D. Wait /J. Hooks) Roll Call Vote Confirmation Requests and Announcements 12. Announcements by City Manager. 13. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 14. Announcements by Mayor and Councilmembers. 10 -10 -2017 City Council Agenda Page - 3 - • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees 15. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Quarterly Financial Report Question - Hotel Occupancy Tax Encumbrance. (J. Walters) 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 6th DAY OF OCTOBER 2017 AT 1:30 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. I�,Ovwo Schvu,0e [ZeL Donna Schmoekel, Deputy City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2017. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 10 -10 -2017 City Council Agenda Page - 4 - 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 10 -10 -2017 City Council Agenda Page - 5 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular Meeting on September 26, 2017. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting on September 26, 2017. ATTACHMENTS Regular Meeting of September 26, 2017 minutes MINUTES REGULAR MEETING September 26, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 26, 2017, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Dan Santee City Secretary Brenda Dennis Mayor Pro -Tern Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford City Manager John Kessel Executive Director Dudley Wait Assistant Jo the City Manager Sarah Gonzalez 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) I Councilmember Larson provided the opening pi flags of the United States and the State of Texas. 'q� Am Presentations Jr followed by the pledges of allegiance to the • Proclamation recognizing Manufacturing Day (Mayor Carpenter /J. Kolbe) Mayor Carpenter came forward, read and presented the proclamation to EDC Business Retention Manager Jennifer Kolbe. Ms. Kolbe introduced Mr. Rande Hawkinson, VP Operations with Caltex and Mr. Rey Chavez, CEO San Antonio Manufacturers Association. Ms. Kolbe provided information regarding the importance of manufacturing companies in our community as well as others. • Presentation and update regarding the upcoming October 3, 2017 National Night Out event. (D. Wait /M. Hansen/H. Lafitte) Mayor Carpenter recognized Special Projects Officer Helen Lafitte who provided a Power Point Presentation regarding "What is National Night Out ", "How it Works" and other information regarding the upcoming October 3, 2017 event. Officer Lafitte provided a list of those neighborhoods and teams of Council and Staff which will be visiting the various neighborhoods this year. Council is to meet in the City Managers area Tuesday, October 3, 9 -26 -2017 Minutes Page - 1 - 2017 at 5:30 p.m., at which time we will divide up into the seven teams. City Events and Announcements Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Friday, September 29' Star Party 7:30 pm —10:00 pm, Crescent Bend Nature Park Everyone is invited out to Crescent Bend Nature Park to view Jupiter, Saturn, Andromeda, and the summer Milky Way. Volunteers from the San Antonio Astronomical Association will have their telescopes available for visitors to get a peek at these natural wonders. Tuesday, October 3rd L National Night Out — City Council Meeting Canceled Thursday, October 5th Apply for Schertz Jobs with the Workforce on Wheels WOW) Bus at the Schertz Public Library -- 9:00 am -5:00 pm Visit the WOW Bus when it stops by Schertz to apply f jobs, update your personal documents, resumes, and cover letter. The bus is equipped with 12 Wi -Fi enabled computers. Contact Michele Martin at (830) 379 -4244 or Schertz EDC at 619 -1070 for more information. Friday, October 6th Chamber Golf Classic, Bandit Golf Club in New Braunfels. 50% of the proceeds benefit the SCUCISD DECA programs. Contact the Chamber for more information, 619 -1954. Citv of Schertz Manufacturing Day. Caltex. 7455 FM 3009.9:00 am -1:00 bm Manufacturing Day is meant to inspire the next generation of manufactures and highlight how manufactures, educators, and civic leaders work together to nurture the manufacturing industry of tomorrow. Breakfast and lunch provided to registered attendees by Chick- fil -A. For more information, please contact Schertz EDC at 619 -1070 Saturday, October 7th — Sunday, October 22 °d City of Schertz Annual Fall Clean -Up 1120 FM 1518 Free of charge to Schertz residents during the designated time frame. For more information contact 619 -1800 or 619 -1000. Dunkin' for Pumpkins/Floating Pumpkin Patch, 6:00 pm, Schertz Aquatic Center Contact the YMCA for registration and more information at 619 -1900 9 -26 -2017 Minutes Page - 2 - SAVE THE DATE: Monday, October 9th City offices closed in observance of Columbus Day Tuesday, October 101h City Council Meeting 6:00 pm Saturday, October 21St Local Author Fair 1:00 pm — 3:00 pm, Schertz Library The library will host its second local author fair on Saturday, October 21St from 1 -3 PM. This event will showcase approximately 10 -12 local area, published authors, representing both youth and adult literature. Selected authors will share a little about their work and themselves. Attendees will have the opportunity to visit with and purchase books from the authors. Contact the Adult Services Librarian, Lizzie Betoia at 619 -1725 for more information. I*e Thursday, October 261 4*41616.X Friday, Saturday and Sunday, October 27th -29th Skylight Balloon Fest River City Community Church Grounds, 16765 Lookout Road, Selma This family friendly event features competitions, tethered balloon rides, food trucks, trackless train rides, vendor and musical concerts. Contact the Chamber at 619 -1950 for more information. Election Information_ October 91h - Last day for submitting Voter Registration Application in time to vote in the November 7, 2017 Election and last day for requesting Transfer of Registration in time to vote. October 23, 2017 - First day hich Early Voting begins. Information regarding Early Voting locations and times and Election Day locations will be posted on our city website. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who requested that Parks, Recreation and Community Service Director Mr. Chuck VanZandt please stand. Mr. Kessel stated that Mr. VanZandt has announced to the Parks Advisory Board that he is intending at the end of the year to retire after seven years here at the City of Schertz. Mr. Kessel stated that he has a total of thirty -five years in parks and recreation services, including over twenty years in the City of San Antonio. Mr. Kessel stated we are unsure of the plans for his retirement, but he wanted to recognize him in front of Council. Mr. Kessel stated it has been amazing in regard to the number 9 -26 -2017 Minutes Page - 3 - and diversity of parks that he has helped us develop. Some included the various neighborhood parks, neighborhood park program/tree preservation program, dog park, skate park, indoor aquatic center, trails, etc. Mr. Kessel thanked Mr. VanZandt for his years of service. Mayor Carpenter stated that Mr. Kessel mentioned a number of things that are highly visible to everyone that goes on in the city. He stated that while he was out in the community since the last meeting he had a resident pull him aside and said that they just needed to tell him how pleased they were with the service the city has rendered in the NorthCliffe area. Mayor Carpenter stated the resident called the Parks Department and spoke to Mr. VanZandt about a high grass medium area that needed to be mowed and by the next day it was done. Mayor Carpenter wanted to share this information as these are the little things that are not seen that Mr. VanZandt attends to for our residents. Mayor Carpenter thanked Mr. VanZandt. Hearing of Residents 000C *1 Mayor Carpenter recognized the following individuals who spoke: • Ms. Mary Burks (Whitfield), 3737 Pebble Beach, who stated she was an ex- member of the City Council Advisory Committee. She expressed her thanks to the city councilmember who came to her son's wake last month. In conversation with her daughter one day, the subject of the `No Name Park' came up. Her daughter suggested the park be named after her (mother) and so the daughter wrote a letter to the City suggesting this. She has two daughters who work at Randolph Air Force Base and both have had long careers there. All of Ms. Burks children (7) got their training in the City of Schertz. The family moved to Schertz in 1964. They have purchased numerous homes in the city through the years. Ms. Burks reminisced about her time in the city and her position as a member of the Advisory Committee many years ago. She concluded by saying her daughter had suggested she come and introduce herself to the current City Council members. Mayor Carpenter stated that not everyone present knows the history of the City of Schertz Citizen Advisory Committee and what they did. This group actually became very instrumental in Schertz becoming a `Home Rule' city and many, many other things. Ms. Burks, like the others on the team, gave of her time and effort for the benefits of the future citizens. He asked Council to rise and join him in thanking Ms. Burks for her many years of past service to the city. Mayor /Council and the audience members present all rose and gave Ms. Burks a standing ovation. • Ms. Clare Layton, who stated at the last council meeting a speaker stated he hoped that the deep divisions of the national cultural wars do not come to Schertz. From her experience at that meeting, they already have. She spoke of a long ago frightening past experience she had with an individual who turned out to be a `White Supremacist'. This was the first time she had heard that term and the only time she had experienced what absolute hatred is. 9 -26 -2017 Minutes page - 4 - She described her experience(s) at the last city council meeting and feels the deep divisions of the national cultural war are already here in Schertz. She mentioned a publicly posted statement of regret of a vote taken last week in the city council closed session. This post is another embarrassment for the Council because it infers that one of the members bullied one of its own to the point that the other member felt fearful and coerced into voting along with the majority to censure a colleague. She expressed hope that in November the voters express their own opinion on this after - the -fact divulgence. All parties now agree that the first post was inappropriate. She spoke of opposing opinions and that they were not a weaponizing of words, but rather a constitutional protected opposite opinion. She complimented Council on a quick resolution to the first incident. Perhaps it is time for Council to establish a policy on their use of the media. She hopes this can be done quickly before the electronic media post(s) brings further embarrassment to the Council and to the City. • Mr. Grumpy Azzoz, 528 Wayward Pass,`who spoke regarding the last meeting where the Chair and the Council allowed the meeting to become a circus. There was cheering and booing. He spoke about Senator Weiner getting 21 months in prison for the second time. The September 5th (City Council) meeting was orchestrated and there were several instances of individuals speaking about something not posted on the agenda. Another posting has since come out about a recent council closed session vote. People are not happy and also, the minutes were not posted like there were supposed to be. It is a public meeting and you all chose which part to put in and which part to not put in, and that is illegal, well maybe not, that is up to the City Attorney to answer that. The satisfaction that has to take place is that the City Council member has to step down. That was a heartfelt statement that was made that evening. That is an apology. There has to be a consequence, and a consequence was not served that evening. Workshop Discussion and ul James /J. Walters) City of Schertz Yd Quarterly Financial Statement. (B. Mayor Carpenter recognized Finance Director James Walters who provided statistical data regarding the third quarter financial report. The information will be posted on the city website. Mr. Walters, in his presentation, briefly highlighted the following: General Fund revenues, Street projects, Library fund, Senior Meals, Special events, Water & Sewer revenues, Drainage fund transfers and projects, I &S revenues and expenses. Mr. Walters, in answer to Councilmember Davis's question regarding what the year -to- date encumbered amount for the hotel tax is, stated that he could come back to Council next time or email that information out to all Council members. 9 -26 -2017 Minutes Page - 5 - • Discussion and possible action regarding the City Charter, City Council's Rules of Conduct and Procedure and Ethics Ordinance. (As requested at the September 5, 2017 City Council meeting) Mayor Carpenter recognized Councilmember Crawford who stated he would like to see Council go back to the way they used to do by requesting things on the agenda without an added voting process. Mayor Carpenter stated under the old way, on application of the majority of council (or a quorum of council) we would put something on the agenda; then we switched to making it available for any single member to request an item during an open session. Regardless of how we set that up, it is at the discretion of the council whether or not to take up a request of an individual member. The reason for that is there is a downside to having no structure, and someone could actually hijack an agenda by having unfettered access to placing things on an agenda; this being the reason that council as a whole has discretion to take something up as an item, but the rules belong to the city council. Mayor Carpenter recognized Councilmember Davis who stated he feels i someone wants to add something to the agenda and another member objects, they should take a vote right then and there and either have it on the agenda for discussion the following week or not, because they already voted on it. Mayor Carpenter replied that he had discussed this with the city attorney who said the best solution would be to have something posted (in compliance with the Texas Open Meetings Act) rather than immediately going into a vote and/or have a potential discussion about that item being placed on the agenda. Councilmember Davis said, for the record, he is willing to consider a change, going forward. As a councilmember, if they all concentrate and refrain from going into discussion on a topic that is not posted and stay focused on `shall we put something on the agenda, yes or no? He doesn't see that it is that difficult. Mayor Carpenter recognized Councilmember Kiser who said that she thinks they can be reasonable enough, to where the night it is requested, if someone objects, they can discuss the merits of putting it on the agenda, but not the issue itself. She doesn't think it would be that difficult to do. Mayor Carpenter recognized Councilmember Thompson who said in regard to the current procedures, he thinks they are there for a purpose; 1) to address repeated requests to add items that had already been discussed/voted upon 2) it allows a councilmember who has a minority vote to say let's take a week to think about this, come back and revisit it. Mayor Carpenter recognized Mayor Pro -Tern Edwards who said putting something on the agenda is not that big of an issue to him. How you carry yourself when the item is being presented is a bigger issue. As long as we are being mature adults about it, we should be able to put an item on the agenda. We do have rules of procedure that guide us. You can end a debate or stop someone from elaborating too far. 9 -26 -2017 Minutes Page - 6 - Mayor Carpenter recognized Councilmember Crawford who stated he was in favor of going back to the way it was done before. He feels they should have the ability to put something on the agenda to serve our community. This worked okay until October 27, 2015 and he would like to go back to that if possible. In fact, he said he would like to make a motion to do that if it's possible. Mayor Carpenter recognized Mayor Pro -Tem Edwards who made reference to the city core values. He said we choose to carry ourselves in a manner that will decide whether or not they will argue/banter back and forth, have witty dialogue, etc. Putting items on the agenda would not be an issue as long as we are professional. City Attorney Dan Santee stated when you get into a full discussion and deliberation about an item that isn't listed that day and taking action to get it on a future agenda, that is what is concerning. 1# Mayor Carpenter concluded by saying Council should °wail themselves of the rules -- -put the rules of procedure to work for you. Council does h' ` the prerogative to change the rules if they wish. Mayor Carpenter recognized Councilmember Crawford who made a motion to change the way the statement is on future agendas to say we can put something on the agenda, under Requests and Announcements to: `Requests by Mayor and Council members that items be placed on a future City Council agenda.' Councilmember Kiser seconded the motion. Mayor Carpenter and Council continued to discuss the motion made, clarification of the motion and the associated rules. Mayor Carpenter recognized Mayor Pro -Tem Edwards who made a motion, seconded by Councilmember Larson to call for the vote (to end the debate). The vote was 7 -0 -0 with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. With the debate ended, Mayor Carpenter called for the vote on the original item. Mayor Carpenter recognized Councilmember Crawford who made a motion to change the way the statement is on future agendas to say we can put something on the agenda, under Requests and Announcements to: Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.' Councilmember Kiser seconded the motion. The vote was 5 -2 -0 with Mayor Pro -Tem Edwards, Councilmembers Davis, Kiser and Crawford voting for and Councilmembers Gutierrez and Thompson voting no. Motion passed. Consent Agenda Items 9 -26 -2017 Minutes Page - 7 - 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 September 12, 2017. (J. KesselB. Dennis) 2. Ordinance 17 -T -36 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund state deployment costs, to establish a trail grant project, and to transfer budget amounts between departments; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (B. James /J. Walters) The following was read into record: ORDINANCE 17 -T -36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND STATE DEPLOYMENT COSTS, TO ESTABLISH A TRAIL GRANT PROJECT, AND TO TRANSFER BUDGET AMOUNTS BETWEEN DEPARTMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Boards, Commissions and Committee Member Resignation— Consideration and/or action accepting the resignation of Mr. Christian Glombik from the Planning and Zoning Commission. (Mayor /Council /B. Dennis) 4. Resolution No. 17 -R -83 - Consideration and /or action approving a Resolution authorizing 3rd quarter EMS, Utility Billing and Schertz Magazine Revenue Adjustments. (B. James /J. Walters /J. Mabbitt /L. Klepper) The following was read into record: RESOLUTION NO. 17 -R -83 A RESOLUTION Y 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. 5. Resolution No. 17 -R -86 — Consideration and/or action approving a Resolution re- appointing Steve White to the Board of Directors Place D4 of the Cibolo Valley Local Government Corporation. (D. Wait) 9 -26 -2017 Minutes Page - 8 - The following was read into record: RESOLUTION NO. 17 -R -86 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RE- APPOINTING STEVE WHITE TO THE BOARD OF DIRECTORS PLACE D -4 OF THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Crawford who moved, seconded by Councilmember Davis to approve consent items 1 -5. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one votin no. Motion passed. N Discussion Items s 6. Minutes – Approval of the amended minutes of the Regular Meeting ptember 5, 2017. (J. Kessel /B. Dennis) (Item requested by Councilmember Crawford) Mayor Carpenter recognized Councilmember Bert Crawford who stated that he had spoken with the City Secretary's office and they transcribed the DVD correctly and matched it accurately as had been done on the rest of the items that had been done recently. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he just wanted to remind everyone this is a permanent part of the city records and available to everyone in the future. Mayor Carpenter recognized Councilmember Gutierrez who said he reviewed other copies of city minutes and none of them are reflective of a `word for word' transcription. Therefore, he would like to table this discussion and make a motion to approve the minutes of September 5, 2017 as (originally) written. Mayor Carpenter recognized Councilmember Larson who seconded the motion. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated we are walking on very precarious ground and stated he thinks we should do the right thing and be forthright to avoid any lack of transparency—an issue that will probably go further than we want it to go. Councilmember Crawford asked for Councilmember Gutierrez to withdraw his motion. Councilmember Gutierrez declined to do so. Mayor Carpenter stated it has not been the habit of the Council to reduce to quotations the comments of the Council. He has read a lot of the minutes from various years and the occasion is very rare when using quotations. The other challenge is that the way the revisions have been presented are not actual transcripts— instead it reads like a news story. If Council wishes to have a copy of statements made during the evening, they need to ask for that; but that is not what is before us. 9 -26 -2017 Minutes Page - 9 - He is happy if the Council wants to have more detail, but let's do be accurate and if we are going to have a transcript and a motion to reduce the commentary to writing. At this point what is before us is not in fact a realistic review of what happened because it is not a transcript; it is an incorrect summary. We need to get it right if we do. Mayor Carpenter recognized Mayor Pro -Tern Edwards who stated his words were captured as spoken because he had given the City Secretary a copy. He proceeded to read a portion of the original minutes from September 5. He stated he does know that a video was put out online that was redacted. If we don't go forward being transparent, we are making a huge mistake here. If we can change documents and videos at any time, that is the wrong message to send to the public. He can't support the motion at this time. Mayor Carpenter stated if we are going to reduce something transcript or an exact accounting then it should be in fact an exact I call it a Councilmember Crawford stated what this is now is a better rendition, ost the exact same words used but is accurately more reflected than the seven sentenc that were in the original minutes proposed to them. What is in there now is four paragraphs that explains every word accurately and it captures what is on the DVD. It is a legal document. Everything he said in both times he spoke at that council meeting is captured to the word, including, the Thank You Mr. Mayor. The same thing, he believes, for Dr. Kiser. If they can capture his and Dr. Kiser's correctly, they can certainly capture the others correctly. He worked with the City Secretary's office on it and they did a superb job. Mayor Carpenter recognized Councilmember Gutierrez who moved, seconded by Councilmember Larson to approve the minutes of September 5, 2017 as originally submitted. The vote was 2 -5 -0 with Councilmembers Gutierrez and Larson voting for and Mayor Pro -Tem Edwards, Councilmembers Davis Thompson, Kiser and Crawford voting no. Motion failed. Mayor Carpenter recognized Councilmember Crawford who moved, seconded by Councilmember Kiser to approve the amended minutes of September 5, 2017 as rewritten and submitted. The vote was 5 -2 -0 with Mayor Pro -Tem Edwards, Councilmembers Davis, Thompson, Kiser and Crawford voting for and Councilmembers Gutierrez and Larson voting no. Motion passed. 7. Resolution No. 17 -R -84 — Consideration and /or action approving a Resolution authorizing an amendment to the Professional Services Agreement with Freese and Nichols, Inc., related to the thoroughfare plan update and roadway impact fee study. (B. James/K. Woodlee) The following was read into record: 9 -26 -2017 Minutes Page - 10 - RESOLUTION NO. 17 -R -84 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., RELATED TO THE CITY'S THOROUGHFARE PLAN UPDATE AND ROADWAY IMPACT FEE STUDY AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated Freese and Nichols Inc. were retained to update the city's thoroughfare plan and to also do a study for roadway impact fees, including a system for rough proportionality criteria. A contingency was not included, and a maximum amount of expenditures was set at $207,000. Staff reviewed the remaining scope and developed a proposal for additional work of $18,183 for the impact fee study and rough proportionality evaluation criteria. This provides for a not -to- exceed amount of $226,133 and blows the study to provide greater accuracy for the impact fee. V While the initial proposal from Freese and Nichols provided a cost of $244,060, staff reduced the scope /timeline in the hope of capturing some efficiencies of overlapping aspects of the thoroughfare plan and impact fee study. Staff developed a proposal for additional work of $18,183 for the impact fee study and rough proportionality evaluation criteria. This provides for a not -to- exceed amount of $226,133 and allows the study to provide greater accuracy for the impact fee study. Mr. James addressed questions /comments from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Davis to approve Resolution No. 17 -R -84. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 8. ,olution No. 17 -R -85 — Consideration and/or action approving a Resolution autWfizing a fourth agreement regarding sewer facilities with Schertz - Cibolo- Universal City ludpendent School District, Croton Properties, LLC and Fred Development, LLC :. (B. Jame `_: The followin "' 'ead into record: RESOLUTION NO. 17 -R -85 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FOURTH AGREEMENT REGARDING SEWER FACILITIES WITH SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, CROTON PROPERTIES, LLC, AND FRED DEVELOPMENT, LLC, AND OTHER MATTERS IN CONNECTION THEREWITH 9 -26 -2017 Minutes Page - 11 - Mayor Carpenter recognized Executive Director Brian James who stated they are amending the current agreement in two ways. The current agreement had an agreement that the developer had to start the expansion of the lift station by Sept. 20th (last week) or else the $300,000 that was set aside would go back to the school district and the city. They asked for another year. If they expand the lift station, there will be additional capacity and likely that development will occur as they draw down on that capacity they pay a fee and so the city stands to make significantly more than if we would give up and just said no. Also, we tend to need to go to these property owners for easements in the future. The school district approved it and it allows them to shift the EDUs of capacity to any property they want to as opposed to ones that are particularly identified within the agreement. This was something in the original agreement but not something the city typically gets involved in and so we are happy to be out of that business. AL Again, the two key points are 1) extending this by a year, and allo hem to shift the EDUs. . Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 17 -R -85. 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. 9. Ordinance No. 17 -K -37 — Consideration and /or action approving an Ordinance releasing and terminating a drainage easement on Lots 1 -5, Block 3 and Lots 1 -7 Block 2 of the Mesa Oaks Subdivision. First Reading (B. James /L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 17 -K -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, RELEASING AND TERMINATING A DRAINAGE EASEMENT ON LOTS 1 -5, BLOCK 3 AND LOTS 1 -7, BLOCK 2 OF THE MESA OAKS SUBDIVISION; AND ESTABLISHING AN EFFECTIVE DATE HEREOF Mayor Carpenter recognized Executive Director Brian James who stated there was an existing easement across a number of lots in the Mesa Oaks subdivision. With additional development that picked up the drainage, the easement is no longer necessary. The easement does not exist on the lots on one side, which allows greater use of backyards by homeowners. The property owners are aware that there is an existing gas easement across the back of the properties. They are working to see if that has been abandoned. Basically, we have an easement that we don't need and this allows the property owners to do what they want. Mr. James also expressed thanks to City Attorney Dan Santee for his knowledge and assistance on this matter. Mr. James answered questions from council. 9 -26 -2017 Minutes Page - 12 - Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved to approve Ordinance No. 17 -K -37 first reading with stipulations that once the abandonment documentation has been found, no permits will be released until that time. Mr. James expanded on his prior explanation stating even if the gas easement does not go away, it is beneficial for these property owners to do away with this unnecessary drainage easement. Even if they can't abandon the gas easement,' they are better off not having our drainage easement over their properties. Staff is keenly aware of this gas easement and they will not issue a permit that encroaches on that gas easement until we get documentation that it has been abandoned. Mayor Pro -Tern Edwards withdrew his motion and restated it as below: Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Davis to approve Ordinance No. 17 -K -37 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 10. Ordinance No. 17 -D -38- Consideration and /or action approving an Ordinance amending the City of Schertz Code of Ordinances Section 86 -115 Maximum limits generally on specific streets by imposing a temporary construction speed zone from H4 35 frontage roads from MP 1.441 which is approximately 580' southwest of FM 1103, northeasterly to MP 1.668 which is approximately 618' northeast of FM 1103, for a distance of 0.227 miles approximately to 40 MPH. First and Final Reading and declaring an emergency. (B. James /K. Woodlee /C. Palomo) The following was read into record: Wy ORDINANCE NO. 17 -D -38 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY Mayor Carpenter recognized Graduate Engineer Cecilia Palomo who stated she simply has a request from TxDOT to include in our Code of Ordinances a construction speed limit, which is for the duration of the FM 1103 construction of the bridge. The signs will be put up and taken down by the contractor upon completion of the project. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 17 -D -38 first and final reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, 9 -26 -2017 Minutes page -13 - Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for agenda items 1 -10. Closed Session 11. City Council will meet in closed session under Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of a City Prosecutor. Mayor Carpenter convened into Closed Session 7 :37 p.m. Reconvene into Regular Session Ilk, Mayor Carpenter reconvened into Regular Session at 8:10 p.m. IFF'. 11a. Take any action based on discussions held in closed session under Agenda Item 11. No action taken. Requests and Announcements 12. Announcements by City Manager. No further announcements were m aide. 13. 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. Mayor Carpenter recognized Councilmember Crawford who stated he received a letter from a citizen who inquired why Schertz does not have a `Shred Day' similar to what the City of Cibolo has. He spoke to City Manager John Kessel about it who told him to send him the letter and let him look at it. He just wanted to make mention that the letter came in. Mr. Kessel stated staff will be happy to look into that. Councilmember Crawford also requested staff provide an update on where we stand with a previous discussion Council had regarding developing a social media policy. Mayor Carpenter stated that yes, he recalled that the Council had said they would like the city attorney's office and or staff to come back with a suggestion about a potential education program for both Council and city board, committee, and commission members. 9 -26 -2017 Minutes Page -14 - 14. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Mayor Pro -Tem Edwards who ick -fil -A held a great event over at Journey Fellowship —a SK Run. At least ouncilmember received an award. It was a great turnout. Mayor Carpenter recognized Councilmember Thompson who echoed the comments about Chick -fil -A where two councilmembers ran in the event. They were also able to pack a truck full of food for the Children's Hunger Fund. Adjournment As there was no fur ATTEST: Brenda Dennis, City Secretary 9 -26 -2017 Minutes Page - 15 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -K -37 — Consideration and/or action approving an ordinance releasing and terminating a drainage easement on Lots 1 -5, Block 3 and Lots 1 -7, Block 2 of the Mesa Oaks Subdivision (Final Reading) BACKGROUND City Staff received a request from the property owner of Lot 1, Block 3 (983 Oakridge) of the Mesa Oaks Subdivision to release the drainage easement that runs along the rear of the lot. The drainage easement along Lots 1 -5, Block 3 and Lots 1 -7, Block 2 of the Mesa Oaks Subdivision was established with the construction of the Mesa Oaks Subdivision to manage the storm water from parts of Mesa Oaks Subdivision and the surrounding area. After the establishment of the drainage easement in Mesa Oaks in 2005, the land to the north was developed as the Wynter Hill Subdivision (recorded 2016) which provided drainage easements and improvements adjacent to the Mesa Oaks drainage easement, rendering this easement no longer needed. There is also a 30' wide gas pipeline easement held by Texaco Pipeline Inc. that runs across the subject properties. This was approved by Council on first reading their meeting of September 26, 2017. Goal The goal of this ordinance is to release and terminate the public drainage easement that is located along the rear of Lots 1 -5, Block 3 and Lots 1 -7 Block 2 of the Mesa Oaks Subdivision. 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. The release of the drainage easement will allow the affected property owners to utilize this area for the possible addition of accessory structures, swimming pools or home expansions. City Council Memorandum Page 2 Summary of Recommended Action Approval of Ordinance 17 -K -37 authorizing the release and termination of a drainage easement at the rear of Lots 1 -5, Block 3 and Lots 1 -7, Block 2 of the Mesa Oaks Subdivision will remove an encumbrance and provide the affected property owners the ability to utilize the area for other things. The City Engineering Department has reviewed the request and found the existing drainage easement to be no longer needed and provided the following explanation: Originally, storm water drainage in the area was to be accommodated in the platted easement. However, subsequent to the plat recordation of Mesa Oaks Subdivision, the developer negotiated with the property to the north (later platted as Wynter Hill Subdivision) to create a new drainage easement and improvements. With the development of Wynter Hill Subdivision and the construction of drainage improvements in the easement, storm water drainage is now properly accommodated for Wynter Hill Subdivision, Mesa Oaks Subdivision, and the adjacent area. This makes the platted easement in Mesa Oaks unneeded. Therefore, there would be no adverse impact to drainage in this area if the drainage easement across Lots 1 -7, Block 2 and Lots 1 -5, Block 3 of Mesa Oaks Subdivision is released. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of ordinance no. 17 -K -37 final reading. ATTACHMENT Ordinance No. 17 -K -37 Release and Termination of Public Drainage Easement ORDINANCE NO. 17 -K -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, RELEASING AND TERMINATING A DRAINAGE EASEMENT ON LOTS 1 -5, BLOCK 3 AND LOTS 1 -7, BLOCK 2 OF THE MESA OAKS SUBDIVISION; AND ESTABLISHING AN EFFECTIVE DATE HEREOF WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Burkett Live Oak, Limited, as a drainage easement, across the Grantor's Property, and said Easement was established by plat and was recorded in the Public Records of Guadalupe County on October 14, 2005, as Volume 7, Page 79 (hereinafter the "Easement "); and WHEREAS, The Engineering Department has reviewed the Easement and has determined that the Easement is no longer necessary due to the acquisition of a new drainage easement and construction of drainage improvements with the Wynter Hill Subdivision, directly adjacent to the north; and WHEREAS, The Wynter Hill Subdivision drainage easement and constructed improvements are designed to properly handle stormwater runoff from Mesa Oaks and the adjacent areas; and WHEREAS, There would be no adverse impact to drainage in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A copy of the Release and Termination of Public Drainage Easement Instrument, which includes a more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the recitals contain in the preamble hereto 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 2. That the City Council finds that such release and termination of the drainage easement as requested will cause no harm or injury to the City of Schertz or its citizens, said Easement is not needed for public purpose and it is in the public interest to release and terminate said Easement. Section 3. That the Easement as depicted in Exhibit "A ", is hereby released and terminated insofar as the right, title or easement of the public is concerned and shall only extend to the public right, title and easement that the City may legally and lawfully abandon. Section 4. That the City Manager is hereby authorized to execute a release and termination of the drainage easement in substantially the same form as set out in Exhibit "A ", and such other instruments and documents that are reasonably necessary to effectuate the purpose of this Ordinance. Section 5. That should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 6. That 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 10th day of October, 2017 PASSED, APPROVED and ADOPTED on final reading the 24th day of October, 2017. CITY OF SCHERTZ Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Exhibit A "Release and Termination of Public Drainage Easement" RELEASE AND TERMINATION OF PUBLIC DRAINAGE EASEMENT THE STATE OF TEXAS § COUNTY OF GUADALUPE § WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Burkett Live Oak, Limited, as a drainage easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Guadalupe County on October 14, 2005, as Volume 7, Page 79 (hereinafter the "Easement "); and WHEREAS, The Engineering Department has reviewed the Easement and has determined that the Easement is no longer necessary due to the acquisition of a new drainage easement and construction of drainage improvements with the Wynter Hill Subdivision, directly adjacent to the north; and WHEREAS, The Wynter Hill Subdivision drainage easement and constructed improvements are designed to properly handle stormwater runoff from Mesa Oaks and the adjacent areas; and WHEREAS, There would be no adverse impact to drainage in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and future owners of the Property, or any portion thereof, the City has RELEASED AND TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement attached hereto as Exhibit "A ". It is expressly agreed and understood that this is a release of only said Easement and that this release does not release, affect or impair any other remaining easements as they may relate to the Property or any real property which is not included within the Property. By execution hereof, the City confirms and acknowledges the Easement as platted and recorded in the Public Records of Guadalupe County, Texas, as Volume 7, Page 79, and attached hereto as Exhibit "A" will be of no further force or effect. EXECUTED TO BE EFFECTIVE the day of ATTEST: Brenda Dennis, City Secretary THE STATE OF TEXAS § COUNTY OF GUADALUPE § 2017. CITY OF SCHERTZ, TEXAS John Kessel, City Manager BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared John Kessel, City Manager of the City of Schertz, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _day of 92017. [Seal] Notary Public in and for the State of Texas My Commission Expires: AFTER RECORDING RETURN TO: City of Schertz, Texas Attn: Planning & Community Development 1400 Schertz Parkway, Building 1 Schertz, TX 78154 n m LA ■ r I 39 18 °14'�: - 315,445' g Exhibit A i4 WIGAW4 N -- 1s a' r ry 291614 ,g4 I I ..78 ` _V Aw-Ckv- xi��j I I l I rya as'00*W ` i I � : En d N34'4s ' -j I � 4 f� [ n I ' 11.1 l ' N , 1 0. L 11E. is, 8_2 n I i 1 W �I t WO s t as I � � \ � � t act s'cxi a_ I I T re , z z , JAMES 8 Drainage Easement Mesa Oaks Subdivision Lots 1 -5, Block 3 Lots 1 -7, Block 2 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Planning & Community Development Ordinance No. 17 -S -39— Conduct a Public Hearing and consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article I General Provisions. (First Reading) BACKGROUND As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, may change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is considered good practice to periodically review development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development practices staff is recommending updates to the UDC. Over the last couple of years planning staff has been gathering information, preparing revisions to the UDC and coordinating review of the document with legal counsel. At the beginning of 2017 staff began preparing amendments to Article 1. The majority of the proposed amendments provide clarification and eliminate unnecessary language. Additionally, updates to this Article have been made to expand upon the Vested Rights provision and add language associated with the City of Schertz Planning and Community Development Department — Planning Division, Development Manual and the Public Works Specification Manual. This amendment was drafted by Planning Staff and reviewed by the City Attorney). Public hearing notice was published in the San Antonio Express News on September 20, 2017. PROPOSED AMENDMENTS: • Minor text amendments have been made to a reference to the Master Thoroughfare Plan and to refine language to be consistent with the Texas Local Government Code (LGC). This includes the elimination of the Sections related to Minimum Requirements; Effective Date; and Severability. • Sec. 21.1.4 Jurisdiction was modified in order to provide consistency with the LGC and to add a list of Articles to clearly indicate which provisions of the UDC apply to properties located in the Extraterritorial Jurisdiction (ETJ). City Council Memorandum Page 2 • Sec. 21.1.5 Consistency with the Comprehensive Land Use Plan (CLUP) was modified to simply note that the UDC is intended to implement the goals and object of the CLUP. The change removes text that quotes sections of the CLUP to eliminate any potential conflict with the UDC and emphasize the important aspect of this Section. • Sec. 21.1.6 Vested Rights "Issuance of Local Permits" was modified to include definitions, outline a procedure to claim vested rights, requirements to obtain a determination, and provide property owners the right to appeal the determination to the City Council. Over the last few years City Staff has had several cases where developers have requested vested rights based on provisions in the LGC that provides landowners or developers an opportunity to vest (grandfather) regulations that apply to their project. The UDC has an existing section regarding vested rights but with the increased requests the modification to include procedures and expiration dates will assist in processing a request. The inclusion of the expiration dates is intended to ensure compliance with the LGC while not extending vested rights beyond what is required in the LGC. Goal To amend the UDC to review and update the development regulations due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable 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 Review and approve Ordinance 17 -S -39 amending the UDC, Article 1 General Provisions. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 13, 2017 and offered a unanimous recommendation of approval. Staff recommends approval of Ordinance 17 -S -39 an amendment to the Unified Development Code (UDC), Article 1 General Provisions as presented. ATTACHMENT Ordinance No. 17 -S -39 ORDINANCE NO. 17 -S -39 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 1 GENERAL PROVISION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on September 13, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on October 10, 2017 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. 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. 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. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 10th day of October, 2017. PASSED, APPROVED AND ADOPTED on final reading the 24th day of October, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 1 General Provisions See Attached Article 1 General Provisions Sec. 21.1.1 Short Title Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited as the Unified Development Code of the City of Schertz, Texas or simply as the Unified Development Code or the UDC. Sec. 21.1.2 Purpose and Intent This UDC is adopted to: • protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City; • ensure the safe, orderly and efficient development and expansion of the City in accordance with and pursuant to its Comprehensive Land Plan and Master Thoroughfare Plan; • conserve, develop, protect and utilize natural resources, in keeping with the public interest; • prevent the overcrowding of land and avoid undue concentration or diffusion of population; • protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; • provide for open space; • minimize pollution of air and water, assure the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aesthetic quality of the community; • lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; and • facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services. Sec. 21.1.3 Authority This UDC is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the constitution and other laws of the State of Texas and the City Charter. Sec. 21.1.4 Jurisdiction The provisions of this UDC apply to all property within the corporate limits of the City and in the Extraterritorial Jurisdiction (ETJ) as listed in part B below. A. Jurisdiction within City Limits The City has the statutory authority to exercise a broad range of powers within its City limits. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code, as amended (LGC). All provisions of this UDC apply within the City limits. B. Jurisdiction within Extraterritorial Jurisdiction The City extends to its ETJ the regulation of subdivisions and property development adopted under LGC Chapter 212. The City also extends to its ETJ its authority to regulate signage as adopted under LGC Chapters 216, 245, and 43 in its ETJ. The following Articles of this UDC apply within the ETJ: 1. Article 1 — General Provisions 2. Article 3 — Boards and Commissions 3. Article 4 — Procedures and Applications 4. Article 9 — Sec. 21.9. 10 Parkland and Open Space Dedication Requirements 5. Article 9 — Sec. 21.9.11 Lighting and Glare Standards 6. Article 11 — Signs and Advertising Devices 7. Article 13 — Land Disturbing Activities 8. Article 14 — Transportation 9. Article 15 — Easements and Utilities 10. Article 16 — Definitions Sec. 21.1.5 Consistency with Comprehensive Land Plan and Master Thoroughfare Plan This UDC is intended to implement the policies and objectives contained in the Comprehensive Land Plan and Master Thoroughfare Plan for the City and provide for adequate and necessary public facilities and service. Sec. 21.1.6 Vested Rights "Issuance of Local Permits" A. Introduction LGC Chapter 245 — Issuance of Local Permits, commonly referred to as the State's "Vested Rights Law ", provides an opportunity for landowners or developers to "grandfather" or "vest" government regulations that apply to development at the time of the filing of a permit application. The City has established in this section an administrative procedure for consideration of any claim of a vested right. B. Definitions The following terms shall have the meaning hereinafter ascribed to them under this section: "LGC" means the Texas Local Government Code. "Project" means an endeavor over which the City (a regulatory agency, as defined by LGC Chapter 245) exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. "Permit" means a license, certificate, approval, registration, consent, permit, contract, or other agreement for construction related to, or provisions of, service from a water or wastewater utility owned, operated, or controlled by the City, or other form of authorization required by law, rule, regulation, order or ordinance that a person must obtain to perform an action or initiate, continue, or complete a Project for which the permit is sought. (i.e. master plan, preliminary plat or final plat) C. Administrative Procedure for Consideration of Claim of Vested Rights Any property owner claiming vested rights under Chapter 245 of the LGC, or other applicable vesting law, shall submit a letter explaining in sufficient detail the basis upon which the property owner is claiming vesting and, consequently, is exempt from or not subject to a particular current regulation, ordinance, rule, expiration date, or other requirement. Such written submission shall include, at a minimum, the following: 1. The name, mailing address, and telephone number of the property owner (or the property owner's duly authorized agent); 2. Identification of the property, including the address (if it exists) and the plat reference (if it exists) or metes and bounds (if not platted), for which the property owner claims a vested right; 3. Provide Project name, type of Permit and date the Permit was filed; 4. If a property owner claims that certain regulations do not apply to the Project, the property owner must identify, with particularity, all requirements that the property owner claims do not apply; and 5. Attach all supporting documents, if any. The letter should be addressed to the Planning and Community Development Department — Planning Division. D. Vested Rights Determination. The Planning Division will review the request and supporting documents and issue a final administrative determination of whether a vested right exists in relation to the Project, and shall identify in writing to the property owner all claims for which vested rights have been granted (the "Vested Rights Determination "). E. Appeal of Vested Right's Determination. If the property owner believes that the Vested Rights Determination is in error, the property owner shall have the right to appeal such Vested Rights Determination to the City Council, which will have jurisdiction to hear and decide the appeal pursuant to the UDC and LGC Chapter 245— Municipal Zoning Authority. F. Recognition of Vested Rights 1. A property owner's original permit application expires on or after the 45th day after the date the application is filed if: a. the property owner fails to provide documents or other information necessary to comply with the City's technical requirements relating to the form and content of the permit application; b. the City provides to the property owner, not later than the 10th business day after the date the application is filed, written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and c. the property owner fails to provide the specified documents or other information within the time provided in the written notice. 2. Basis for Vested Rights Only a Project which was in progress (as defined by LGC Section 245.003) or for which a Permit application was filed after September 1, 1997 may be eligible to claim vested rights; any Project for which the Permit application was filed prior September 1, 1997, or has expired, is not eligible. Vested rights do not begin to accrue until the filing of an original application or Master Development Plan or plat application that gives the City fair notice of the project to which the permit applies and the nature of the permit sought. 3. A Project will expire in five (5) years from the date the first Permit application was filed for the Project with City if progress, as defined in LGC Section 245.005, has not been made towards completion of the Project. An expired Project is considered dormant, vested rights lapse and the Project must comply with all current ordinances and requirements. Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs (Rough Proportionality) A. If the City requires as a condition of approval for a property development project that the property owner bear a portion of the costs of municipal infrastructure improvements through dedication of property to the City, the payment of impact fees, the payment of construction costs, or the payment of other infrastructure related costs authorized by applicable law, the property owner's portion of the costs may not generally exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by the City Engineer. B. A property owner who disputes the determination made by the City Engineer under Subsection A. above must appeal to the City Council in accordance with UDC, Sec. 21.4.14 Appeals, or the City Engineer's determination is final. At the appeal, the property owner may present evidence and testimony under procedures adopted by the City Council. After hearing any testimony and reviewing the evidence, the City Council shall make the applicable determination as to the appeal within thirty (30) days after the final submission of any testimony or evidence by the property owner. C. A property owner may appeal the determination of the City Council to a county or district court of the county in which the development is located within thirty (30) days after the final determination by the City Council. D. The City may not require a property owner to waive the right of appeal authorized by this section as a condition of approval for a development project. Sec. 21.1.8 Violations and Penalties Any person, firm, or corporation who shall violate any of the provisions of this UDC, or fails to comply therewith, or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build any project or facility in violation of any detailed statement of specification or plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the appropriate legal maximum as determined by statute. In the case of a violation of section 21.9.9, the penalty shall be the sum as determined above plus the value of the tree as determined by a certified arborist hired by the City. Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. In case any person, firm, or corporation violates any of the provisions of this UDC or fails to comply therewith, the City, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this UDC as a misdemeanor, shall not preclude the City from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Sec. 21.1.9 V The issuance or granting in error of a permit or approval of plans or plats, site designs, or specifications shall not be construed to be a permit for, or an approval of, a violation of any provision of this UDC or any other City ordinance. No permit purporting to give authority to violate or cancel the provisions of this UDC shall be valid. Sec. 21.1.10 Development Manual The Development Manual is prepared by the City of Schertz Planning and Community Development Department — Planning Division and is hereby adopted by reference as if set forth in full. The Development Manual shall contain application forms, required application materials, fees, and application submittal deadlines. The Development Manual may be amended by the City Manager or his/her designee from time to time. Sec. 21.1.11 Public Works Specification Manual The Public Works Specification Manual prepared by the City of Schertz Public Works Division is hereby adopted by reference as if set forth in full. The Public Works Specification Manual shall contain specifications necessary to complete public projects. The Public Works Specification Manual may be amended by the City Manager or his /her designee from time to time. End of Article 1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Planning & Community Development Ordinance No. 17 -S -40 — Conduct a Public Hearing and consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 3 Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14. (First Reading) BACKGROUND As stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Over the last couple of years planning staff has been gathering information, preparing revisions to the UDC and coordinating review of the document with legal counsel. At the beginning of 2017 staff began preparing amendments to Article 3. The proposed amendments provide clarification to the language and include the creation of a new board, the "Building and Standards Commission ". The creation of this commission is intended to provide an appropriate outlet for applicants requesting review of a building code item, appealing a decision of the fire marshal, fire chief, or the building official, and to review and take appropriate actions on buildings found to be in violation of a city ordinance or a public nuisance. Currently these appeals and reviews in relation to building code and fire code would be heard by the Board of Adjustment. Per Texas Local Government Code Section 211.008 Boards of Adjustment are established to make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with any applicable rules contained in the ordinance. In other words, the Board of Adjustment is to only hear items in relation to the zoning ordinance and zoning related items. With the creation of the Building and Standards Commission items that are in relation to building and fire code, not relating to zoning, will be heard by a commission that is given the authority to do so by Texas Local Government Code Chapter 54. Additionally, while reviewing the creation of the Building and Standards Commission all items previously heard by the Board of Adjustment were reviewed and items that are not true zoning items or decisions related to zoning are being City Council Memorandum Page 2 amended to be heard by a more appropriate board or commission. This review process and proposed changes was completed to ensure that the most appropriate board or commission will be hearing each item as each commission or board is provided to do so by Local Government Code. Public hearing notice was published in the San Antonio Express News on September 20, 2017. PROPOSED AMENDMENTS: • Text amendments were made to Article 3 in order to provide consistency with the City Charter and with each Board, Committee and Commissions by -laws. • Minor text amendments have been made to correct the title of Transportation Safety Advisory Commission (TSAQ. • Text amendments have been made to Section 21.3.3 to clarify the Commission's approval authority of an amending and minor plat. • Text amendments have been made to Section 21.3.3 to add authority to make final determinations relating to appeals on certain staff decisions. • Text amendments to Section 21.3.4 Board of Adjustment to clarify that Board of Adjustment is to only hear cases in relation to zoning and zoning related decisions. • Text amendments have been made to Section 21.3.5 Administrative Authority to clarify the review and recommendation authority. • Text amendments to Section 21.3.6 Other Boards, Commissions and Committees to create a new commission, the Building and Standards Commission. • Text amendments to the following sections to alter the deciding board or commission: • Section 21.4.16.C.3 text amendment to change "Director of Development Services" to "City Manager" also to change "BOA" to "the Building and Standards Commission ". • Section 21.8.4.B.10 text amendment to change "BOA" to "Planning and Zoning Commission ". • Section 21.8.4.C.3.0 text amendment to change "Director of Development Services" to "City Manager" also to change "BOA" to "Planning and Zoning Commission ". • Section 21.8.4.C.3.D text amendment to change "Director of Development Services" to "City Manager" also to change "BOA" to "Planning and Zoning Commission ". • Section 21.8.4.C.3.E.i text amendment to change "BOA" to "Planning and Zoning Commission ". • Section 21.9.9.C.1 text amendment to change "BOA" to "Planning and Zoning Commission ". • Section 21.9.9.C.2 text amendment to change "BOA" to "Planning and Zoning Commission ". • Section 21.9.12Y text amendment to change "BOA" to "Planning and Zoning Commission ". • Section 21.11.3.G text amendment to change "BOA" to "Planning and Zoning Commission ". • Section 21.11.4.J text amendment to change "BOA" to "Planning and Zoning Commission ". City Council Memorandum Page 3 o Section 21.11.7.I text amendment to change "BOA" to "Planning and Zoning Commission ". o Section 21.11.22.D.3c text amendment to change "BOA" to "Building and Standards Commission ". o Section 21.11.22.D.3.d text amendment to change "BOA" to "Building and Standards Commission ". o Section 21.11.22.D.4 text amendment to change "BOA" to "Building and Standards Commission ". o Section 21.14.3.1) text amendment to change "variance" to "waiver" and to change "BOA" to "Planning and Zoning Commission ". o Section 21.14.3.E text amendment to change "variance" to "waiver" and to change "BOA" to "Planning and Zoning Commission ". o Section 21.14.5.0 text amendment to change "Board of Adjustment" to "Planning and Zoning Commission ". Goal To amend the UDC due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable 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 Review and approve Ordinance 17 -S -40 amending the UDC, Article 3 Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 13, 2017 and offered a unanimous recommendation of approval. Staff recommends approval of Ordinance 17 -S -40 an amendment to the Unified Development Code (UDC), Article 3 — Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14 as presented. ATTACHMENT Ordinance No. 17 -S -40 ORDINANCE NO. 17 -S -40 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 3 BOARDS, COMMISSIONS AND COMMITTEES AND ASSOCIATED UPDATES IN UDC ARTICLES 4, 8, 9, 11 & 14; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on September 13, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on October 10, 2017 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. 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. 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. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 10th day of October, 2017. PASSED, APPROVED AND ADOPTED on final reading the 24th day of October, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 3 Boards, Commissions and Committees '_ Unified Development Code Articles 4, 8, 9, 11, 14 See Attached Article 3 Boards, Commissions and Committees Sec. 21.1.1 General Provisions A. Source of Authority Authority under this UDC shall be vested in and delegated to the officials and decision - makers designated in this Article 3, under the City Charter, the Constitution and other laws of the State and the City's Code of Ordinances. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision - makers. The omission of a citation in this UDC to any authority conferred upon the officials and decision - makers under the City Charter, the Constitution or other laws of the State or the Code or Ordinances shall not be construed as limiting the actions of such officials and decision - makers taken in accordance with and in reliance upon such authority. B. Authority Granted The City Council, Planning and Zoning Commission, Board of Adjustment, Parks and Recreation Advisory Board, Historic Preservation Committee, Transportation Safety Advisory Commission and Building and Standards Commission have the powers and authority as granted by State law, the City Charter and the Code of Ordinances to initiate, undertake, and decide matters as identified in this UDC. Sec. 21.1.2 Citv Council A. Duties and Approval Authority In addition to other rights of approval, the City Council shall render final decisions pertaining to applications for development on the following applications: 1. amendment to the Comprehensive Land Plan; 2. establish or amend a zoning district map classification, including creation or amendment of an overlay district; 3. amendment to the UDC; 4. annexation; 5. a Development Agreement within the City's corporate boundaries and in the City's ETJ; 6. rezoning requests including applications for a Specific Use Permit; 7. Historic Landmark or District Designation; 8. an a appeal of a vested rights determination; and 9. an appeal of the decision of any City Board, Commission or Committee, except the Board of Adjustment and Building and Standards Commission or as expressly provided for in this UDC or the Local Government Code. Sec. 21.1.3 Planning and Zoning Commission A. Structure of the Commission The Planning and Zoning Commission is established in accordance with the City Charter and Commission members are appointed by the City Council. B. Duties and Approval Authority 1. The Planning and Zoning Commission shall have the authority to review and make a recommendation to the City Council on the following applications: a. amendment to the Comprehensive Land Plan; b. establish or amend a zoning district map classification, including creation or amendment of an overlay district; C. rezoning requests including an application for a Specific Use Permit. d. amendment to the UDC; and e. a Development Agreement as set forth in the LGC and this UDC; 2. The Planning and Zoning Commission shall have final approval authority on the following applications: a. Subdivision Master Plan. b. preliminary plat; C. final plat; d. amending plat; if forwarded by the City Manager or his/her designee. e. minor plat; if forwarded by the City Manager or his /her designee. f. replat; and g. waivers relating to Article 12, Subdivisions. 3. The Planning and Zoning Commission shall have the authority to make final determinations relating to appeals of staff determinations on the following items: a. Required Conditions for Home Occupations and denial of a Home Occupation permit. b. Site Design Standards including Tree Preservation & Mitigation, Revisions to Approved Site Plans. C. Signs & Advertising Devices including general requirements, removal of signs. d. Additional Design Requirements including off street parking, building setback lines, and landscape buffers. An appeal of a driveway waiver determination. Sec. 21.1.4 Board of Adjustment A. Structure and Procedure of the Board of Adjustment Composition and Procedures a. The Board of Adjustment (BOA) is established in accordance with the City Charter and provision of Chapter 211 of the Texas Local Government Code (LGC). The Board members are appointed by the City Council. Each case before the BOA must be heard by at least 75 percent of the members. 2. Vote Required for Decisions a. The concurring vote of four (4) of the five (5) members of the BOA is necessary to: i. reverse an order, requirement, decision or determination of an administrative official; or ii. authorize a variation from the terms of a zoning regulation. B. Duties and Approval Authority The BOA shall have the following duties: The BOA shall hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this UDC or an ordinance, with respect to zoning and zoning related decisions. a. The BOA may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the BOA has the same authority as the administrative official. 2. The BOA may authorize, in specific cases, a variance from this UDC in relation to zoning related items, unless specified otherwise, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC or an ordinance adopted hereunder would result in unnecessary hardship, and so that the spirit of this UDC or an ordinance adopted hereunder is observed and substantial justice is done. A variance shall not be granted to relieve a self - created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the BOA must determine the following: a. the requested variance does not violate the intent of this UDC or its amendments; b. special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; the hardship is in no way the result of the applicant's own actions; or d. the interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Sec. 21.1.5 Administrative Authority A. Authority Granted The City Manager or his /her designees shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein. B. Administrative Structure The City Manager is designated as the chief administrative official of the City. The City Manager, at his/her discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. C. Duties and Approval Authority 1. The City Manager or his /her designee shall have the authority to review and make a recommendation to the appropriate approval body on the following applications: a. amendment to the Comprehensive Land Plan; b. establish or amend a zoning district map classification, including creation or amendment of an overlay district; C. rezoning requests including an applications for a Specific Use Permit; d. amendment of this UDC; C. annexation; f. a Development Agreement within the City's corporate boundaries and in the City's ETJ; g. Historic Landmark or District Designation; h. an appeal of the decision of any City Board, Commission, Committee or staff as authorized by this UDC; i. Subdivision Master Plan; j. preliminary plat; k. final plat; 1. replat; m. a variance, appeal or other application to be considered by the BOA; n. an interpretation, appeal or other application to be considered by the Building and Standards Commission; and o. an interpretation, waiver, appeal or other application to be considered by the Planning & Zoning Commission. 2. The City Manager or his /her designee shall have final approval authority on the following applications: a. a minor plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his /her designee may forward the plat to the Planning and Zoning Commission for approval; b. an amending plat, as authorized by this UDC, and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval; C. a Certificate of Determination, as authorized by this UDC and LGC Section 212.0115. However, the City Manager or his /her designee may forward the request to the Planning and Zoning Commission for determination; d. a site plan; and C. other applications as authorized by this UDC. Sec. 21.1.6 Other Boards, Commissions and Committees A. Parks and Recreation Advisory Board 1. Structure of the Parks Board The structure of the Parks Board shall be as set forth by the City Council in establishing the Parks Board. 2. Duties and Approval Authority The Parks Board shall serve as an advisory board to the City Council and may review and make recommendations on the following matters: a. parks and recreation improvements and amenities included with any parkland dedication; and b. creation, amendment or updates to the Parks and Open Space Master Plan of the City. B. Historic Preservation Committee 1. Structure of the Historic Committee The structure of the Historic Committee shall be as set forth by the City Council in establishing the Historic Committee. 2. Duties and Approval Authority The Historic Committee shall have those duties and approval authority as set forth by the City Council in establishing the Historic Committee. C. Transportation Safety Advisory Commission 1. Structure of the Transportation Safety Advisory Commission (TSAC) The structure of the TSAC shall be as set forth by the City Council in establishing the TSAC. 2. Duties and Approval Authority The TSAC shall serve as an advisory commission to the City Council and is established to investigate safety issues and make recommendations with respect to City roadways and to improve the City's quality of life through a citizen/government partnership that promotes safe and secure roads, which provide convenience, recreational and leisure activities and continued beautification of the City. The duties of the TSAC may include, but are not limited to, the following duties: a. coordinate and communicate with the various Boards, Commissions, Committees and the City Council on matters related to transportation safety; b. develop safety materials to be used for promotional activities; C. develop research materials needed for promotion of transportation safety; d. develop a transportation safety plan for the City; e. review proposed transportation and traffic ordinances and make recommendations to the City Council; and f. participate in fact finding trips, conferences, and seminars related to transportation and traffic safety. D. Buildings and Standards Commission 1. Structure and Procedure of the Building and Standards Commission Composition and Procedures: a. The Building and Standards Commission is established in accordance with the provision of Chapter 54 of the LGC. Each case before the Building and Standards Commission must be heard by a majority of the members. b. The City Council will appoint a commission comprised of five (5) members and two (2) alternates who are residents of the City, one from each of the following professions or disciplines: i. Registered design professional with architectural experience or a builder or superintendent of building construction; ii. Registered design professional with structural engineering experiences; iii. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor or plumbing contractor; iv. Registered design professional with electrical engineering experience or an electrical contractor; and V. Registered design professional with fire protection engineering experience or a fire protection contractor. C. Registered Design Professional is defined as an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state of Texas. d. If a resident with the above criteria cannot be found then the City Council may appoint another resident of their choosing to the Commission. 2. Duties and Approval Authority The Building and Standards Commission shall have the following duties: a. The Building and Standards Commission has the authority to enforce the enumerated health and safety ordinances as authorized by Chapter 54 LGC, subchapter C, as amended. Specifically the Commission hears cases relative to ordinance violations: i. for the preservation of public safety, relating to the materials or methods used to construct a building of improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits; ii. relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location design, or width of entrances or exits; iii. relating to dangerously damaged or deteriorated building or improvements; iv. relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; and V. relating to a building code or to the condition, use, or appearance of property in the City of Schertz. b. The Building and Standards Commission shall have the authority to do the following items per LGC Sec. 54.036 i. order the repair, within a fixed period, of buildings found to be in violation of an ordinance; ii. require the demolition of a structure found to be a public nuisance; iii. declare a building substandard in accordance with the powers granted by LGC Chapter 54 Subsection C; iv. order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; V. issue orders or directives to any peace office or the state, including a sheriff or constable or the chief of police in the City of Schertz, to enforce and carry out the lawful orders or directives of the commission; and vi. determine the amount and duration of the civil penalty the municipality may recover as provided by LGC Section 54.017. C. The Building and Standards Commission has the authority to hear appeals to a decision from the fire chief, fire marshal, or the building official related i. the use of alternate materials and construction methods; or ii. interpretations of the fire code or building codes as adopted by the City of Schertz, including but not limited to, granting exceptions to those codes in order to make a reasonable accommodation for a disabled person or group as defined by the Fair Housing Amendment Act. d. The Building and Standards Commission has the authority to make a determination as to whether an alternative construction material or construction method equally meets the applicable code's standards, especially considering the alternative's adequacy, stability, strength, sanitation, and safety for the public's health and welfare. Any request to use an alternative construction material or construction method may be approved by the commission if and only if the commission determines that the alternative construction material or construction method equally meets the applicable codes and standards especially considering the alternative's adequacy, stability, strength, sanitation and safety for the public's health and welfare. Fagade materials are exempt from this section. C. The Building and Standards Commission has the authority to reverse a decision of the fire chief, fire marshal or the building official only by concurring vote of at least four commission members. f. The Building and Standards Commission also has the following responsibilities: i. to evaluate proposed amendments to the fire and building codes, and make recommendations to the City Council regarding such amendments; ii. to hear from any person requesting a change to the fire and building codes as adopted by the city; to act as an advisor to the Fire Chief, Building Official and the City Marshal; and iv. to manage any additional duties, powers, and responsibilities assigned by the City Council in compliance with the City Charter and laws of the State of Texas. End of Article 3 Associated UDC Sections with Amendments Sec. 21.4.16.C.3 3. Appeals. Any person or persons aggrieved by any decision of the City Manager or his/her designee, or any taxpayer or any officer, department, or board of the City may appeal the decision of the City Manager or his /her designee to the Building and Standards Commission. Sec. 21.8.4.B.10 10. A home occupation shall produce no offensive noise, vibration, smoke, electrical interferences, dust, odors, or heat detectable beyond the property limits or beyond the walls of the dwelling unit. The judgment of the City's Code Enforcement Officer pertaining to a violation under this section shall be considered decisive and final unless formally appealed to the Planning and Zoning Commission within thirty (30) days after the Code Enforcement Officer's written determination. Sec. 21.8.4.C.3.0 c. The decision of the City Manager or his /her designee may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14. Sec. 21.8.4.C.3D d. The Planning and Zoning Commission will be the final judgment on appeals which must be submitted to the Planning and Zoning Commission within thirty (30) days after disapproval by the City Manager or his /her designee. 21.8.4.C.3.E.i i. Signed statement. One type of supporting evidence that may be submitted to the Planning and Zoning Commission for their consideration of an appeal is a signed statement by each property owner up to 200 feet of the property on which the home occupation is to occur, stating that the property owner has no objection to the existence of the proposed home occupation. An example of such a statement is as follows: "I (name) the property owner at (address) have been advised by (name of home occupation applicant) of the request to the City for a Home Occupation Permit for the purpose of conducting (type of home occupation) and I have no objection to the home occupation permit being granted for the purpose reflected in this statement. Signature of neighboring property owner and date" 21.9.9.0.1 1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. 21.9.9.0.2 2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. 21.9.12.F F. Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved Site Plan, may be authorized by the City Manager or his/her designee. An aggrieved party may appeal the decision of the City Manager or his/her designee to the Planning and Zoning Commission in accordance with the provisions of this UDC. 21.11.3.G G. Liability. The City Manager or his/her designee, members of the Planning and Zoning Commission, or other City employees charged with the enforcement of this Article, while acting for the City in good faith and without malice in the discharge of the duties required by this Article or other pertinent laws, ordinances, codes or regulations shall not be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be defended by a legal representative of the City until the final termination of the proceedings. No City official shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article writing along with the established filing fee to the Planning and Zoning Commission within ten (10) days after the date of denial or revocation. 21.11.7.I I. Appeal. Any decision rendered by the City Manager or his /her designee or other City personnel in the enforcement of this Article may be appealed to the Planning and Zoning Commission by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten (10) days after a decision rendered along with the established fee. 21.11.22.D.3.c c. The licensee may appeal a suspension decision to the Building and Standards Commission by filing a written request within ten (10) days after receiving notice of the suspension. The Building and Standards Commission shall hold a hearing to determine whether the suspension decision should be sustained or reversed. 21.11.22.D.3d d. If a licensee's license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws, ordinances, codes and regulations applicable hereto, the City Manager or his/her designee shall notify the Building and Standards Commission. The Building and Standards Commission shall then hold a hearing to consider cancellation of the license. 21.11.22.D.4 4. Appeal. A person, whose license has been denied or revoked, may appeal in writing along with the filing fee then in effect to the Building and Standards Commission within ten (10) days. 21.14.3.D D. Off - Street Parking. Off street parking is permitted adjacent to the landscape buffer along the right -of -way. Parking and vehicular use areas adjacent to the right -of -way shall have land berm walls or a vegetative hedge barrier to reduce vehicular reflections to the right -of -way. A waiver may be granted by the Planning and Zoning Commission which would allow a reduction in the minimum required landscape buffer when off - street parking is located entirely along the side or rear of the building or lot. 21.14.3.E E. Building Setback Line. A minimum fifty foot (50') building setback shall be required adjacent to all rights -of -way. A waiver may be granted by the Planning and Zoning Commission which would allow for a reduction in the minimum required setback when an alternative site layout and design provides for additional open space or landscaping and off - street parking will be located entirely at the rear of the building or lot. In no case shall the minimum building setback be reduced less than the minimum required setback for the applicable zoning district in accordance with Article 5. 21.14.5.0 C. Waivers. Where the City Manager or his /her designee finds that extraordinary hardship may result from strict compliance with the regulations prescribed in this Article, the City Manager or his/her designee may vary the regulations so that substantial justice may be done and the public interest secured, provided that such waiver will not have the effect of nullifying the intent and purpose of this Article. In granting waivers and modifications, the City Manager or his/her designee may require such conditions as will, in his /her judgment, secure substantially the objective of the standards or requirements so varied or modified. In the event the City Manager or his /her designee should disapprove a request for a waiver, the applicant may request an appeal to the Planning and Zoning Commission. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Planning & Community Development Ordinance No. 17 -S -41— Conduct a Public Hearing and consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facility Agreements and associated updates in UDC Articles 9, 12, and 16. (First Reading) BACKGROUND As stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. At the beginning of 2017, UDC Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements was identified as a section in need of revision. Planning, Engineering, and Public Works staff reviewed the section for consistency with requirements associated with subdivisions that require public infrastructure improvements and also evaluated the requirements in relation to Engineering Department's process for reviewing construction plans that are submitted for public infrastructure improvements associated with development. Planning and Engineering staff held a number of internal meetings to discuss what needed to be revised and to review proposed amendment drafts. As part of the internal evaluation process, staff also looked at surrounding jurisdictions to assure that the proposed amendments were similar in nature to other jurisdiction's requirements for public infrastructure improvements. The most significant change is to extend the length of a warranty bond from 1 to 2 years. Warranty bonds are provided by the developer /contractor to ensure repairs are to infrastructure (streets, water lines, sewer lines, etc.) made within the established time (currently 1 year and as proposed 2 years) based on defects in construction. Warranty bonds do not cover damage to infrastructure. Public hearing notice was published in the San Antonio Express News on September 20, 2017. City Council Memorandum Page 2 PROPOSED AMENDMENTS: Below is a summary of the proposed amendments to Section 21.4.15 • Change to the current Application Requirements subsection to mention submittal and approval requirements for construction plans for public infrastructure improvements to provide consistency with construction plan approval requirements associated with processing of final plats. • Add expiration and extension requirements for construction plan approval. • Modify the term "Community Facilities Agreement" to "Improvement Agreements ". • Modify the term "maintenance bond" to "warranty bond ". • Modify the warranty bond requirement from one year to two years. • Add a definition for "Public Infrastructure" to the Definitions section of the UDC. • Revise UDC Section 21.12.10.F.2.a to be consistent with the proposed amendments to UDC Section 21.4.15. • Update UDC Section 21.9.10.17, Parkland Development Agreements, to provide consistency with Subsection 21.4.15.F. Goal To amend the UDC to review and update the development regulations due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable 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 Review and approve Ordinance 17 -S -41 amending the UDC, Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements and associated updates in UDC Articles 9, 12, and 16. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 13, 2017 and offered a unanimous recommendation of approval. Staff recommends approval of Ordinance 17 -S -41 an amendment to the Unified Development Code (UDC), Article 4, Section 21.4.15 — Public Infrastructure Improvement Construction Plans and Community Facilities Agreements and associated updates in UDC Articles 9, 12, and 16 as presented. City Council Memorandum Page 3 ATTACHMENT Ordinance No. 17 -S -41 ORDINANCE NO. 17 -S -41 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4, SECTION 21.4.15 PUBLIC INFRASTRUCTURE IMPROVEMENTS CONSTRUCTION PLANS AND COMMUNITY FACILITIES AGREEMENTS AND ASSOCIATED UPDATES IN UDC ARTICLES 9, 12, AND 16; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, on September 13, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on October 10, 2017 the City Council conducted a public hearing and after considering the criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A attached hereto. 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. 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. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 10th day of October, 2017. PASSED, APPROVED AND ADOPTED on final reading the 24th day of October, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 4, Section 21.4.15 Public Infrastructure Improvements, Construction Plans, and Community Facilities Agreements Unified Development Code Articles 9, 12, and 16 See Attached Sec. 21.4.15 Public Infrastructure Improvements, Construction Plans, and Improvement Agreements A. Applicability The provisions of this section applies to the construction of any public infrastructure improvements. B. Processing of Construction Plans and Decision 1. Submittal Construction plans shall be submitted to the City Manager or his /her designee prior to construction of public infrastructure improvements. Submittal of construction plans shall be in accordance with the Engineering Department's permitting requirements. 2. Decision by the City Manager The City Manager or his /her designee may approve, approve with conditions, or deny the construction plans. 3. Criteria for Approval The City Manager or his /her designee, or the City Council on appeal, shall apply the following criteria in making a decision on the construction plans: a. The construction plans are consistent with the approved preliminary plat or the proposed final plat in the event that the public infrastructure improvements are in relation to a plat; and b. The construction plans conform to all applicable regulations pertaining to the construction and installation of public infrastructure improvements. 4. Expiration The approval of construction plans shall remain in effect for two years after the date the construction plans were approved by the City Manager or his/her designee. If construction of the project has not commenced during the two year period, approval of the construction plans shall expire. For public infrastructure improvements that are associated with a final plat, approval of the construction plans shall remain in effect for the time that approval of the final plat is in effect and shall expire when approval of the final plat expires, unless an extension is granted, pursuant to Section 21.4.15.13.5, Extension. 5. Extension At the written request of the property owner or their representative, the expiration date for the approval of construction plans may be extended by the City Manager or his /her designee for a period not to exceed six (6) months. C. Timing of Public Infrastructure Improvements 1. Completion Prior to Final Plat Recordation For public infrastructure improvements associated with a proposed subdivision or development, except as provided below, completion of the improvements shall be in accordance with the approved construction plans and shall occur before an approved final plat is recorded, unless the obligation to construct public infrastructure improvements has been deferred and an improvement agreement is executed. 2. Installation after Final Plat Recordation The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the associated subdivision until after final plat recordation. The request shall be submitted in writing and specify what is being requested for deferral. Deferral of the obligation to install public improvements shall be conditioned on execution of an improvement agreement and provision of sufficient security. The City Manager or his /her designee may approve or deny the request to defer installation of public infrastructure improvements. 3. Off -Site Easements All necessary off -site easements required for installation of off -site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by an instrument approved by the City. D. Inspection and Acceptance of Public Infrastructure Improvements 1. Inspections Inspection of the public infrastructure improvements shall be conducted by the Engineering Department. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be subject to approval by the City Manager or his/her designee. 2. Submission of As -Built Plans or Record Drawings The City shall not accept dedication of required public improvements until the applicant has submitted detailed "as- built" record drawings in accordance with Engineering Department's requirements. 3. Acceptance of Improvements When the City Manager or his /her designee has determined that the public infrastructure improvements have been installed in accordance with the approved Construction Plans, the City Manager or his/her designee shall accept such improvements on behalf of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. Upon acceptance of the required public improvements, the City Manager or his/her designee shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed. E. Maintenance and Warranty of Improvements 1. Maintenance During Construction The developer shall maintain all required public improvements during construction of the development. 2. Bond The developer or owner shall covenant to warranty the required public improvements for a period of two (2) years following acceptance by the City of all required public improvements or following the date of plat recordation, whichever occurs later. A warranty bond shall be provided in the amount of 20% of the costs of the improvements for such period. All public improvements shall be bonded. F. Improvement Agreements 1. Obligations Under Agreement Whenever public improvements to serve development are deferred until after recordation of the final plat, the property owner shall enter into an Improvement Agreement and provide adequate security as determined by the City Manager or his /her designee. The Improvement Agreement shall be subject to review and approval by the City Manager or his /her designee and the City Attorney. The agreement shall contain the following provisions: a. covenants to complete the improvements be no later than two (2) years after approval of the final plat, unless otherwise stipulated in the terms and conditions of the Improvement Agreement; b. covenants to warranty the required public improvements for a period of two (2) years following acceptance by the City of all required public improvements, unless stated otherwise in the Improvement Agreement; C. covenants to provide a warranty bond in the amount of 20% of the costs of the improvements for such period, unless stated otherwise in the Improvement Agreement; d. provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor; e. provisions for securing the obligations of the agreement consistent with subsection G below; and f. such other terms and conditions as are agreed to by the City and the property owner, or as may be required by this UDC. 2. Covenants to Run with the Land The Improvement Agreement shall provide that the covenants contained in the Agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing owners and lienholders shall be required to execute the Agreement or provide written consent to the covenants contained in the Agreement. G. Security for Completion of Improvements 1. Security Whenever the property owner has entered into an Improvement Agreement to defer installation of public improvements, the property owner shall provide sufficient security for completion of the required public improvements. The security shall be in the form of a cash escrow, a performance bond or surety bond provided by a licensed surety company, or other security as approved by the City Manager or his /her designee. 2. Amount and Acceptability The security shall be issued in the amount of 125% of the estimated cost of completion that is approved by the City Manager or his/her designee for the required public infrastructure improvements. The terms of the security agreement shall be subject to the approval of the City Manager or his /her designee and the City Attorney. 3. Remedies Where an Improvement Agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may: a. declare the Agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the Agreement is declared to be in default; b. obtain funds under the security and complete the improvements itself or through a third party; or assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public infrastructure improvements. Associated UDC Sections with Amendments Sec. 21.16 - Definitions Public Infrastructure: Infrastructure that is generally for public use to include but not be limited to improvements of the following: water system (including water distribution lines, fire hydrants, valves and associated devices), wastewater (including lines, manholes, and lift stations), drainage system (including drainage easements, channels, storm sewer lines and inlets and associated landscaping), sidewalks, and roadways. Sec. 21.12.10.F.2.a Revise "maintenance bond" to "warranty bond" Sec. 21.9.10.F Revise title to "Parkland Improvement Agreement" and revise paragraph to read as follows: "The property owner or applicant may request to defer the obligation to dedicate parklands and/or develop parklands until after a final plat recordation. The request shall be submitted in writing and specify what is requested for deferral. Deferral of the obligation to dedicate parkland and/or develop parklands shall be conditioned on execution of an Improvement Agreement and provision of sufficient security, pursuant to Section 21.4.15.F, Improvement Agreements. The City Manager or his /her designee may approve or deny the request to defer obligations to dedicate parkland dedication and/or develop parklands." Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Planning & Community Development Ordinance No. 17 -S -42— Conduct a Public Hearing and consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4, Section 21.4.3 Notice Requirements and associated update to UDC Section 21.5.4.C.2. (First Reading) BACKGROUND As stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. The Planning and Zoning Commission requested Planning staff to research requirements that other cities have to posting public hearing notice signs on project sites for zoning change requests. Staff conducted research that involved reviewing surrounding jurisdictions' Code requirements, contacting other cities to discuss typical sign size, content of signs, responsibility of posting the notice signs, and implementation of the requirements. The research also included collecting price estimates for signs, and communicating with the City's sign shop to determine the feasibility of producing signs in- house. Two workshops were conducted with the Planning & Zoning Commission on July 26, 2017 and August 9, 2017. As proposed, zoning change applicants would be required to post signs provided by the City along the frontage of their property at least 11 days prior to P &Z consideration. Signs need to be kept up until after the City Council hearing and applicants are required to replace any signs that are removed during this time. Public hearing notice was published in the San Antonio Express News on September 20, 2017. PROPOSED AMENDMENTS: Below is a summary of the proposed amendments to Section 21.4.3 • Amending Section 21.4.3 to add a new subsection called "Posted Notice" that requires posting a notice on the premises of the project site for certain public hearing items. City Council Memorandum Page 2 • Section 21.5.4.C.2 is modified to require posted notice as a requirement for Zone Change /Zoning Map Amendment applications. Goal To amend the UDC to review and update the development regulations due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable 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 Review and approve Ordinance 17 -S -42 amending the UDC, Article 4, Section 21.4.3 Notice Requirements and associated update to UDC Section 21.5.4.C.2. FISCAL IMPACT At this time staff is not proposing additional fee for the notice signs. Staff has contacted several sign companies and determined the approximate cost for a single color double sided 18" by 24" corrugated plastic sign with a metal stake is $11. Based on a review of zoning cases from the FY2016 -2017 budget year and projections for the FY 2017 -2018 budget year, we anticipate needing 4 signs per case for 10 zoning cases with an additional 15% for replacement signs, totaling 46 sign for the FY2017 -2018 budget year. The estimated cost for 46 signs is $506. RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 13, 2017 and offered a unanimous recommendation of approval. Staff recommends approval of Ordinance 17 -S -42 an amendment to the Unified Development Code (UDC), Article 4, Section 21.4.3 — Notice Requirements and associated update to UDC Section 21.5.4.C.2 as presented. ATTACHMENT Ordinance No. 17 -S -42 ORDINANCE NO. 17 -S -42 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4, SECTION 21.4.3 NOTICE REQUIREMENTS AND ASSOCIATED UPDATE TO UDC SECTION 21.5.4.C.2; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, on September 13, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on October 10, 2017 the City Council conducted a public hearing and after considering the criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A attached hereto. 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. 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. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective November 23, 2017 the date of final adoption hereof and any publication required by law. Approved on first reading the 10th day of October, 2017. PASSED, APPROVED AND ADOPTED on final reading the 24th day of October, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 4, Section 21.4.3 Notice Requirement 0 Unified Development Code Articles 5, Section 21.5.4.C.2 See Attached Sec. 21.4.3 Notice Requirements A. Published Notice Whenever published notice of a public hearing before a Board, Commission, Committee or the City Council is required, the City Manager or his/her designee shall cause notice to be published in an official newspaper or a newspaper of general circulation in the City before the fifteenth (15th) day before the date set for the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.006(a). B. Written Notice Whenever written notice of a public hearing before a Board, Commission, Committee or the City Council is required, before the tenth (10th) day before the hearing date, the City Manager or his/her designee shall cause written notice to be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the exterior boundary of the property in question. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.007(c). The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property in question is located in territory within the City and is not included on the most recently approved municipal tax roll, notice to such owners shall be given by one (1) publication in an official newspaper or a newspaper of general circulation in the municipality at least fifteen (15) days before the date of the hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken. C. Posted Notice Whenever posted notice of a public hearing is required, notification signs shall be posted by the applicant a minimum of eleven (11) days prior to the scheduled public hearing and shall remain posted during the course of the public hearings, until such time that final action has been taken on the permit application. Signs shall be posted on the subject property and/or along public right -of -way in a format approved by the City Manager or his /her designee. The number of signs, size of signs and content to be placed on the signs shall be in accordance with the Development Manual. It shall be the responsibility of the applicant to periodically check sign locations to verify that signs remain in place and have not been vandalized or removed. The applicant shall replace any missing or defective signs within one (1) business day from the time that a City official notifies the applicant that the signs are missing. It is unlawful for a person to alter any notification signs, or to remove it while the case is pending. Removal or alteration that is beyond the control of the applicant shall not constitute a failure to meet notification requirements of this section. Associated UDC Section 21.5.4.C.2 Sec. 21.5.4.C.2 2. Notification Requirements An application for a zoning change or zoning map amendment requires the following notification in accordance with section 21.4.3: a. written notice prior to consideration by the Planning and Zoning Commission; and b. published notice prior to consideration by the City Council. c. posted notice prior to consideration by the Planning and Zoning Commission and prior to consideration by the City Council. Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Planning & Community Development Ordinance No. 17 -S -43— Conduct a Public Hearing and consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 14, Section 21.14.6.A Sidewalks and Hike and Bike Trails - Requirements. (First Reading) BACKGROUND As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes necessary to update the UDC. Public hearing notice was published in the San Antonio Express News on September 20, 2017. PROPOSED AMENDMENTS: In order to promote the development of a walkable community, Staff is proposing to revise UDC Section 21.14.6.A to remove the exemption for sidewalks along Interstate Highways 35 and 10. Staff is proposing that UDC Section 21.14.6.A Sidewalks and Hike and Bike Trails - Requirements be amended to read as follows: • "Sidewalks shall be required along both sides of all streets throughout the City as required in section 21.14.1. All lots must have access to sidewalks." Goal To amend the UDC to review and update the development regulations due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable development. City Council Memorandum Page 2 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 Review and approve Ordinance 17 -S -43 amending the UDC, Article 14, Section 21.14.6.A Sidewalks and Hike and Bike Trails- Requirements. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 27, 2017 and offered a unanimous recommendation of approval. The UDC currently does not require sidewalks to be constructed along Interstate Highways 35 and 10. It is the opinion of staff that sidewalks should be required along all roadways in order to promote pedestrian access and a walkable community. Staff recommends approval of Ordinance 17 -S -43 an amendment to the Unified Development Code (UDC), Article 14, Section 21.14.6.A Sidewalks and Hike and Bike Trails- Requirements as presented. ATTACHMENT Ordinance No. 17 -S -43 ORDINANCE NO. 17 -S -43 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 14, SECTION 21.14.6.A SIDEWALKS AND HIKE AND BIKE TRAILS - REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, on September 27, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on October 10, 2017 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendment is appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A attached hereto. 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. 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 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 10th day of October, 2017. PASSED, APPROVED AND ADOPTED on final reading the 24th day of October, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 14 Transportation Section 21.14.6 Sidewalks and Hike and Bike Trails- Requirements. See Attached Sec. 21.14.6 Sidewalks and Hike and Bike Trails A. Requirement Sidewalks shall be required along both sides of all streets throughout the City as required in section 21.14.1. All lots must have access to sidewalks. Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Planning & Community Development Subject: Resolution No. 17 -R -87 — Consideration and/or action approving a resolution authorizing a Development Agreement with Paul and Mary Rundus, related to a 39 acre tract of land located approximately 3500 feet north of the intersection of Trainer Hale Road and Weir Road. BACKGROUND In 2010 the City accepted Extra Territorial Jurisdiction (ETJ) land from the City of San Antonio and commenced annexations of a large area in southern Schertz east of FM 1518 bounded by Schaefer Road, Cibolo Creek and IH -10. Pursuant to annexation laws, properties with an agricultural tax exemption as defined by Texas Tax Code Chapter 23, subchapter C, D, and E were offered development agreements to delay city annexation. The agreements followed a template that was approved by City Council in Resolution No. 10 -R -24 and provide for the continued use of the property consistent with Chapter 23 of the Texas Tax Code and provided that the property would not be annexed for a period of 10 years if the agreement was complied with. The purpose of the goal of the agreements were to allow property owners to continue agricultural practices for 10 years before being annexed into the City, and limit development within the ETJ that was not compliant with City regulations or plans. The development agreements do not allow the landowner to file a subdivision plat or related development document with the County or allow new residential uses. The agreements also require the landowner to comply with the City's regulations that does not materially interfere with the agricultural use of the property. The agreements allow the property owner to voluntarily annex into the City in order to develop the land. Additionally the agreements allow for the sale of property to new owners and the continuation of the agreement for the remainder the term if the new property owner agrees to the terms of the original agreement. City Council Memorandum Page 2 Goal The goal of this development agreement is to modify the existing development agreement to allow the subdivision of the 40 acre tract into a maximum of 6 lots with the ability to construct a single family residence on each lot. 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 development agreement will allow the property owner to subdivide and construct multiple homes for family members on the tract while complying with the City's permitting regulations and maintaining compliance with the Comprehensive Land Use Plan (CLUP). Summary of Recommended Action The Evelyn E. Krueger Living Trust Development Agreement for approximately 156 acres was executed on August 9, 2011. Subsequent to the execution of the agreement, a 39 acre portion on Weir Road was sold to Paul and Mary Rundus. Mr. And Mrs. Rundus approached the City with the desire to subdivide the property into 6 lots in order to construct single family homes for themselves and family members and remain in the City's ETJ. The original development agreement did not allow for the construction of new homes. In evaluating this request staff reviewed the Comprehensive Land Use Plan for this area of the City which is identified as Agricultural Residential. The Agricultural Residential land use character is intended to preserve much of South Schertz in a rural /agricultural state. It is intended to be mainly large lot (5+ acres) residential and agricultural uses with some agriculture related commercial uses permitted in appropriate locations. Based on the Agricultural Residential land use character, the proposed plans for the property are consistent with the CLUP and if annexed the recommended zoning district would be the Agricultural District (AD). If this resolution is approved it would enable the property owners to file a subdivision plat application to subdivide the 39 acres into a maximum of 6 lots each with a minimum size of 5 acres and subsequently file building permit applications to construct one single family dwelling on each lot. All city requirements, code and procedures would need to be met with each application as if the property was within the City limits. The agreement is proposed to continue the original term and expire on August 9, 2021, at which time the property is subject to voluntary annexation into the City. FISCAL IMPACT None RECOMMENDATION City Council Memorandum Page 3 Staff recommends approval of Resolution No. 17 -R -87, as the modified agreement is consistent with the CLUP and development of the property will comply with the City's requirements, code and procedures. ATTACHMENT Map of property Resolution No. 17 -R -87 RESOLUTION NO. 17 -R -87 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DEVELOPMENT AGREEMENT WITH OWNERS OF PROPERTY UNDER AN EXISTING DEVELOPMENT AGREEMENT WHERE THE PROPERTY IS VALUES FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, a Development Agreement between the City of Schertz (the "City ") and Evelyn E. Krueger Living Trust as entered and effective on August 9, 2011 regarding the real property located in Bexar County, Texas; and WHEREAS, ownership and title to a portion of the Land was conveyed to Paul D. Rundus and Mary Gayle Rundus (Landowner) by Deed recorded in Book 18418, Page 1001, Document #20170054452 of the Official Public Records of Bexar County, Texas; and WHEREAS, the Landowner desires to have the Land remain in the City's extraterritorial jurisdiction for the duration of the period provided in the Development Agreement between the City and Evelyn E. Krueger Living Trust; and WHEREAS, the Land is eligible to be the subject of a development agreement under Subchapter G, Chapter 212, of the Texas Local Government Code, as amended (the "Local Government Code "); WHEREAS, all or a portion of the Land is currently appraised for ad valorem tax purposes as land for agricultural or wildlife management use or as timber land under Subchapter C, D, or E, Chapter 23, of the Texas Tax Code, as amended; WHEREAS, the City staff of the City of Schertz has recommended that the City enter into a new development agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Amendment to the Development Agreement attached hereto as Exhibit A; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City Council hereby authorizes the City Manager to execute the Amendment to the Development Agreement in substantially the form set forth on Exhibit A attached hereto. 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 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. 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 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of October, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) DEVELOPMENT AGREEMENT (FM 1518 /Schaefer Road /I -10 Area) This Development Agreement (this "Agreement ") dated effective the — day , 2017 (the "Effective Date ") is between the City of Schertz, a political subdivision of the State of Texas (the "City "), and Paul D. Rundus and Mary Gayle Rundus (Landowner). RECITALS: WHEREAS, the real property located in Bexar County, Texas and described on Exhibit A (the "Land ") is owned by the Landowner and is currently within the City's extraterritorial jurisdiction; WHEREAS, the Land described in Exhibit "A" consists of a 39.00 acres Tract; and WHEREAS, the Land is the subject of a Development Agreement between Evelyn E. Krueger Living Trust and the City, recorded in Document #20110157678, of the Official Public Records of Bexar County, Texas; and WHEREAS, ownership and title to Land was conveyed to Landowner by Deed recorded in Book 18418, Page 1001, Document #20170054452 of the Official Public Records of Bexar County, Texas (attached as Exhibit B); and WHEREAS, the Landowner desires to have the Land remain in the City's extraterritorial jurisdiction for the duration of the period provided in the Development Agreement between the City and Evelyn E. Krueger Living Trust, in consideration for which the Landowner agrees to enter into this Agreement; WHEREAS, the Land is eligible to be the subject of a development agreement under Subchapter G, Chapter 212, of the Texas Local Government Code, as amended (the "Local Government Code "); WHEREAS, all or a portion of the Land is currently appraised for ad valorem tax purposes as land for agricultural or wildlife management use or as timber land under Subchapter C, D, or E, Chapter 23, of the Texas Tax Code, as amended; WHEREAS, this Agreement is entered into pursuant to Sections 43.035(b)(1) and of the Local Government Code in order to: (i) guarantee the continuation of the extraterritorial status of the Land for the Term (defined below) of this Agreement; and (ii) authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of the Land for agriculture or wildlife management, or as timber land; WHEREAS, the Landowner and the City agree that this Agreement satisfies the requirements of Sections 43.035 and 212.172 of the Texas Local Government Code, as amended, and acknowledge that this Agreement is binding upon the City and the Landowner and their respective successors and assigns for the Term of this Agreement; Page 1 of 11 WHEREAS, the City Council of the City has duly authorized the City Manager or an Assistant City Manager to execute this Agreement and to deliver it to the Landowner; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Bexar County, Texas. NOW THEREFORE, for and in consideration of the mutual promises, covenants, benefits, and obligations hereafter set forth, the City and the Landowner agree and contract as follows: Section 1. City Covenants. The City guarantees the continuation of the extraterritorial status of the Land, its immunity from annexation by the City, and its immunity from city property taxes, for the Term (as defined in Section 5) of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to institute proceedings to annex the Land unless requested in writing to do so by the Landowner or its successors and assigns, and further agrees not to include the Land in a statutory annexation plan for the Term of this Agreement. However, if the Land is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Land pursuant to Chapter 43 of the Local Government Code; otherwise, the City shall not be obligated to provide the Landowner with any municipal services (including, by way of example only, police protection, fire protection, drainage or street construction or maintenance) with respect to the Land during the Term of this Agreement. Section 2. Landowner Covenants. The Landowner covenants and agrees as follows: a. The Landowner will not use the Land for any use other than for agriculture, wildlife management, and /or timber land consistent with Chapter 23 of the Texas Tax Code, except for existing single - family residential use of the Land, without the prior written consent of the City. b. Notwithstanding anything else stated herein the Landowner shall be permitted to subdivide the land, (in compliance with City requirements, Code and procedures) into a total of 6 lots with a minimum lot size of 5 acres. C. Landowner shall be permitted to construct one single family residence on each of the 6 lots (in compliance with City requirements, Code and procedures). d. The Landowner will not file or cause to be filed any type of subdivision plat or related development document for the Land with Guadalupe County, Texas or the City without the prior written consent of the City. e. The Landowner will not construct, or allow to be constructed, any buildings on the Land that would require a building permit, if the Land were in the City limits, without securing such a building permit; provided that no building permit shall be required for any construction by the Landowner not involving electrical, plumbing, Page 2 of 11 or HVAC work if the cost of the materials for such construction is less than $2,500.00. The Landowner also covenants and agrees that the City's R- A- Single- Family Residential/ Agricultural District zoning requirements apply to the Land, and that the Land shall be used only for R -A- Single - Family Residential /Agricultural District zoning uses that exist on that Land on the Effective Date of this Agreement, as if the Land were in the City limits, without the prior written consent of the City. However, the Landowner may construct an accessory structure to an existing single family dwelling in compliance with all City ordinances and codes that would be applicable if the Land were in the City limits, including but not limited to the first sentence of this subsection (c); provided, the City will issue a building permit to the Landowner without any requirement that the Landowner plat the Land if the construction in question relates to fencing, or the construction, alteration, repair, or maintenance of any non - habitable accessory structure or building, or to the construction, alteration, repair, or maintenance of any existing habitable structure and related structures (e.g., garage, deck, swimming pool) that do not exceed twenty -five percent (25 %) of the square footage of the existing habitable structure and related structures before such work. f. In addition to the foregoing, pursuant to Section 43.035(b)(1)(B) of the Local Government Code, the Landowner agrees that the Landowner will comply with, and that the City is authorized to enforce, all of the City's regulations and planning authority that do not materially interfere with the use of the Land for agriculture, wildlife management, or as timber land, as applicable, or as specifically set forth herein in the same manner such regulations and authority are enforced within the City's municipal boundaries, including but not limited to the regulations and planning authority found in the following: (i) the City's Code of Ordinances, including but not limited to specifically Chapter 50, Article IV, relating to the regulation of guns, BB guns, and pellet guns by the City; (ii) the City's Unified Development Code; (iii) all City Ordinances and Resolutions; and (iv) applicable state or federal law. g. The Landowner (i) covenants that all persons or entities having any ownership interest in the Land on the Effective Date have executed this Agreement; and (ii) acknowledges that each and every owner of the Land must sign this Agreement in order for this Agreement to take full effect, and all persons who sign this Agreement as the Landowner covenant and agree, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Land who has not signed this Agreement, arising in any way from the City's reliance on this Agreement. Page 3 of 11 h. The Landowner may sell animals, crops, and other materials which are the product or a by- product of his or her use of the Land in accordance with its designation as agricultural, wildlife management, or timber use without any requirement of obtaining a home occupation permit. The Landowner further agrees to cooperate with the City on its request that the Landowner register with the City's Department of Planning and Community Development, without charge, a description of any business conducted on the Land, including but not limited to any business described in the preceding sentence. Section 3. Remedies; No Vested Rights. The Landowner acknowledges that, if the Landowner takes any action in violation of any provision in Section 2 of this Agreement, then in addition to the City's other remedies, such act will, at the discretion of the City, cause the termination of this Agreement and constitute a petition by the Landowner for voluntary annexation, and the Land will then be subject to annexation at the discretion of the City Council. The Landowner agrees that such annexation shall be voluntary and the Landowner hereby consents to such annexation as though a petition for such annexation had been tendered to the City by the Landowner. If annexation proceedings begin pursuant to this Section, the Landowner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan, and agrees that the City will not be required to offer to enter into a further development agreement pursuant to Section 43.035(b) of the Local Government Code. Furthermore, the Landowner hereby waives any and all vested rights and claims that the Landowner may have under Section 43.002(a)(2) and Chapter 245 of the Local Government Code that would otherwise exist by virtue of any actions Landowner has taken in violation of Section 2 herein. Section 4. Eminent Domain. The City specifically reserves its authority pursuant to Chapter 251 of the Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. Term; Annexation at End of Term. a. The term of this Agreement (the "Term ") is the earliest to occur of (i) August 9, 2021; (ii) loss or expiration of appraisal of the Land under Chapter 23 for agricultural, wildlife, or timber land purposes; (iii) termination of this Agreement pursuant to Section 3 hereof, or (iv) if it is determined by the City that any of the persons who have executed this Agreement as the Landowner failed to inform the City of any person or entity having an ownership interest in the Land on the Effective Date who has not executed this Agreement. b. The Landowner, and all of the Landowner's heirs, successors, and assigns, shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Land to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence (but not conclude) the Page 4 of 11 Landowner's voluntary or deemed voluntary request for annexation of the Land by the City. In connection with annexation pursuant to this Section, the Landowner hereby waives any vested rights it may have under Section 43.002(a)(2) and Chapter 245 of the Local Government Code that would otherwise exist by virtue of any plat or construction the Landowner may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Initial Zoning- Upon Annexation. Except as provided below, when the Land is annexed as agreed pursuant to this Agreement, it will initially be zoned Predevelopment (PRE) pursuant to the City's Unified Development Code, pending determination of the Land's permanent zoning in accordance with the provisions of then applicable law and the City's Unified Development Code. Alternatively, the City may, pursuant to its Comprehensive Land Plan, designate a different zoning category that will be effective as to the Land when it is annexed. Section 7. Sale of Land; Change in Exemption Status. a. Any person who sells or conveys any portion of the Land shall, prior to such sale or conveyance, give prior written notice of this Agreement to the prospective purchaser or grantee, and shall give prior written notice of the sale or conveyance to the City. Furthermore, the Landowner and the Landowner's heirs, successor, and assigns shall give the City written notice within 14 days after any change in the appraisal status of the Land under Subchapter C, D, or E, as applicable, of Chapter 23 of the Texas Tax Code. A copy of any notice required by this Section shall be delivered to the City at the address provided in Section 14. b. If the Landowner is in full compliance with this Agreement and the Land is conveyed in whole or in part by the Landowner to another person or persons (the "New Landowner ") who notifies the City in writing of such conveyance (fully identifying the portion of the Land so conveyed) and who agrees to continue to fully comply with all provisions of this Agreement, the City will enter into a Development Agreement with the New Landowner with respect to the portion of the Land so conveyed but only for the then - remaining term of this Agreement. If the Landowner conveys all of the Land, this Agreement will terminate. If the Landowner conveys a portion of the Land but is otherwise in compliance with the provisions of this Agreement, Exhibit A will be amended to delete the Land that has been conveyed. Section 8. Recordation. This Agreement shall run with the Land and be recorded in the real property records of Bexar County, Texas. Section 9. Subsequent Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the Land covered herein pursuant to the terms of this Agreement. Section 10. Survival. This Agreement shall survive its termination to the extent Page 5 of 11 necessary for the City to implement the provisions of Sections 3, 4, and 5 herein. Section 11. No Implied Waiver. The failure of either party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition by the other patty hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect unless agreed to otherwise by all parties. Section 12. Successors and Assigms. This Agreement is binding on the City and the Landowner and on their respective successors and assigns for the term of this Agreement. Section 13. Approvals or Consents. Execution, delivery, and performance of this Agreement have been approved by the City Council of The City. Whenever this Agreement requires or permits approvals or consents to be hereafter given by any party hereto, the parties agree that such approval or consent shall not be unreasonably withheld. Such approval or consent shall be given in writing and shall be effective without regard to whether given before the time required herein. Section 14. Addresses and Notices. Unless otherwise provided in this Agreement, any notice, communication, or request (herein severally and collectively for convenience called "notice ") herein provided or permitted to be given, made, or accepted by either party to the other must be in writing and may be given or be served in person or by depositing the same in the United States Mail, postpaid and registered or certified and addressed to the party to be notified. Notice deposited in the mail in the manner herein above described shall conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties shall, until change as hereinafter provided, be as shown below. The parities shall have the right to specify as its address any other address in the State of Texas by giving at least fifteen (15) days written notice to the other party. If to the City: City of Schertz, Texas Attn: City Manager 1400 Schertz Parkway Schertz, Texas 78154 If to the Landowner: Paul & Mary Rundus 6422 Vann Rd. Newburgh, IN 47630 Page 6 of 11 Section 15. Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to the other persons or circumstances shall not be affected thereby. Section 16. Meer. This Agreement, together with such descriptions, terms and conditions as may be included in the Exhibit attached hereto, constitute the entire agreement between the parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations, or warranties between or among the parties as to the subject matter hereof other than those expressly stated or provided for herein. Section 17. Cooperation. Each party hereby agrees that it will take all actions and execute all documents necessary to fully carry out the purposes and intent of this Agreement. Section 18. Governing Law. This Agreement shall be governed by the laws of the State of Texas, and venue is agreed to be in Guadalupe County, Texas. Section 19. Counterparts. This Agreement may be signed in one or more counterparts, and all of such counterparts together shall be deemed to be a single document. [The remainder of this page intentionally left blank] Page 7 of 11 IN WITNESS WHEREOF, the City and the Landowner have executed this Agreement by duly authorized representatives, all as of the Effective Date first above written. THE CITY: City of Schertz, Texas i THE STATE OF TEXAS COUNTY OF GUADALUPE John C. Kessel, City Manager This instrument was acknowledged before me on the day of, , 2017 by John Kessel, as City Manager of the City of Schertz, Texas, on behalf of such City. (SEAL) Notary Public in and for the State of Texas My Commission Expires: Page 8 of 11 THE STATE OF COUNTY OF THE LANDOWNER: Paul D. Rundus and Mary Gayle Rundus C Paul D. Rundus This instrument was acknowledged before me on the day of, , 2017 by Paul D. Rundus and Mary Gayle Rundus. (SEAL) Notary Public in and for the State of THE STATE OF COUNTY OF My Commission Expires: Mary Gayle Rundus This instrument was acknowledged before me on the day of, , 2017 by Mary Gayle Rundus. (SEAL) Notary Public in and for the State of My Commission Expires: Page 9 of 11 Exhibit A Legal Description of the Land Exhibit B Warranty Deed FIELD NOTES January 31,2017 BEING 39.000 acres of land, more or less, out of the Francisco Rodriguez Survey No. 84, Abstract 609, County Block 5066, Bexar County, Texas and also being out of a 59.846 acre tact described as "Tract C" in Volume 16034, Page 1089 of the Real Property Records of Bexar County, Texas and being more particularly described as follows: BEGINNING at an iron rod found in the existing east R.O.W. line of Weir Road for the most northwesterly comer of this tract and the northwesterly comer of the above referenced 99.23 acre tract, said point also being the most southwesterly comer of a 10.126 acre tract described in Volume 11319, Page 762 of the Real Property Records of Bexar County, Texas; THENCE, N 60 °05'47" E, generally along the remnants of an existing fence and along the common line with said 10.126 acre tract, passing an iron rod set at 1548.28 feet and continuing a total distance of 1681.68 feet to a point in the centerline of the Cibolo Creek for the most northeasterly corner of this tract; - THENCE, along the meanders of the centerline of Cibolo Creek as follows: N 86 °41'23" E, 90.24 feet, S 73 °0016" E, 92.45 feet, S 66 °08'13" E, 127.59 feet, S 66 °03'20" E, 175.79 feet, S 67 °1075" E, 107.43 feet, S 59 °24'49" E, 144.64 feet, and S 51-05-26" E, 216.88 feet to a point in same for the most southeasterly corner of this tract; THENCE, S 60 °05'47" W, crossing said 59.846 acre tract, passing an iron rod set at 377.18 feet and continuing a total distance of 2493.60 feet to an iron rod set in the existing northeast R.O.W. line of Weir Road for the most southwesterly comer of this tract; THENCE, N 26 °08'16" W, 323.18 feet along said northeast R.O.W. line to an iron rod set for the beginning of a curve to the right; THENCE, along said northeast R.O.W. line with said curve in a northerly direction and having a central angle of 41 ° 12'18 ", a radius of 543.69 feet (, a tangent distance of 204.39 feet, an arc length of 391.00 feet, and a chord bearing and distance of N 05 "32'25" W, 382.63 feet to an iron rod set for the end of this curve; THENCE, N 15 °03'44" E, 134.70 feet along the existing east R.O.W. line of Weir Road to the POINT OF BEGINNING and containing 39.000 acres of land, more or less. Note: Plat als9 prepared this day. ,Y. bI. Butz, Jr. 2024 No. 2024d Professio Land Surveyor -?'. FF s s FN12 -13LC1 Book 18418 Page 1001 6pgs NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. wh' GENERAL WARRANTY DEED �- (With Third Party Lien) v0 THESTATEOFTEXAS § �y COUNTY OF BEXAR § THAT MF,LVIN ALVIN KRUEGER, hereinafter referred to as "Grantor" (whether one or more), for and in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by PAUL D. RUNDUS AND MARY GAYLE RUNUUS, HUSBAND AND WIFE, hereinafter referred to as "Grantee" (whether one or more), the receipt and sufficiency of which are hereby acknowledged and confessed, and for the further consideration of the execution and delivery by Grantee of one certain Promissory Note of even date herewith, in the original principal sum of Four Hundred Twenty -Four Thousand And No /100 Dollars ($424,000.00), payable to the order of CALIBER HOME LOANS, INC., hereinafter called "Mortgagee "; said Promissory Note being secured by a Vendor's Lien and the Superior Title herein retained and reserved in favor of Grantor and assigned and conveyed, without recourse, to Mortgagee, and also being secured by a Deed of Trust of even date herewith from Grantee to THOMAS E. BLACK, JR, Trustee, reference to said Promissory Note and Deed of Trust being hereby made for all purposes; Grantor has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee, the following described real property, to -wit: SEE EXHHHT A ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES. together with all improvements thereon, if any, and all rights, privileges, tenements, hereditaments, rights of way, easements, appendages and appurtenances, in anyway appertaining thereto, and all right, title, and interest of Grantor in and to any streets, ways, alleys, strips or gores of land adjoining the above described property or any part thereof (hereinafter referred to as the "Property "). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, unto Grantee and Grantee's heirs or assigns FOREVER. Grantor does hereby bind Grantor and Grantor's heirs, executors, and administrators TO WARRANT AND FOREVER DEFEND all and singular the said Property unto Grantee and Grantees heirs and assigns against every person whomsoever lawfully claiming or to claim the same, or any part thereof. But it is expressly agreed that Grantor reserves and retains for Grantor, and Grautor's heirs and assigns, a Vendor's Lien, as well as the Superior Title, against the Property until the above described Promissory Note and all interest therein have been fully paid according to the terms thereof, when this Deed shall become absolute. WHEREAS, Mortgagee, at the special instance and request of Grantee, having paid to Grantor a portion of the purchase price of the Property, as evidenced by the above described Promissory Note, Grantor hereby assigns, transfers, conveys and delivers, without recourse, to Mortgagee said Vendor's Lien and Superior Title against said Property to secure the payment of said Promissory Note, and subrogales Mortgagee to all rights and remedies of Grantor in the Properly by virtue thereof. DWWARDEEDGEN Doc# 20170054452 To the extent applicable to and enforceable against the Property, this Deed is executed, delivered and accepted subject to the following: any liens described herein; ad valorem taxes for the current and all subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership; zoning ordinances, utility district assessments, and standby fees, if any; all valid utility easements created by the dedication deed or plat of the platted subdivision in which the Property is located, covenants and restrictions common to the platted subdivision in which the Property is located, mineral reservations, and maintenance or assessment liens (if any), all as shown by the real property records of the County Clerk of the County in which said Property is located; and any title or rights asserted by anyone (including, but not limited to, persons, corporations, governments or other entities) to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of the harbor or bulkhead lines as established or changed by any government or to filled -in lands, or artificial islands, or to riparian rights or other statutory water rights, or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or the right of access thereto, or right of easement along and across the same, if any. warranties. To the extent said contract provides for such limitations to survive this conveyance, they shall be deemed incorporated herein by reference. However, the warranty of title contained in this Deed is hereby expressly excluded from any limitations as to warranties contained in the contract referenced in this paragraph. When this Deed is executed by more than one person, or when Grantee is more than one person, the instrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when executed by or to a legal entity other than a natural person, the words "heirs, executors and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns ". Reference to any gender shall include either gender and in the case of a legal entity other than a natural person, shall include the neuter gender, all as the case may be. The term "Mortgagee" shall include the Mortgagee's heirs, successors and assigns, as applicable. DATED the 21ST day of MARCH, 2017. MELVIN ALVIN KRUEGER After Recording Return To Grantee At GRANTEE'S MAILING ADDRESS: PAUL D. RUNDUS 9260 WEIR ROAD SCHERTZ, TX 78108 BMGWAKDEEDGFN ACKNOWLEDGMENTS The State of TEXAS County of DEXAR 2DJ This instrument was acknowledged before me on the A(5l day of by MELVIN ALVIN KRUEGER. .:yrH ;. SHERRIG. RIEDR 1;1 My NnIAry ID X 8124847 `'oo :� @•'` Expires March 5.2 18 My commission expires: 03- a.5 -Aol6 aMGWAHDEEDGEN Public ,*-pul Notary's Name (printed) FIELD NOTES January 31,2017 BEING 39.000 acres of land, more or less, out of the Francisco Rodriguez Survey No. 84, Abstract 609, County Block 5066, Bexar County, Texas and also being out of a 59.846 acre tact described as "Tract C" in Volume 16034, Page 1089 of the Real Property Records of Bexar County, Texas and being more particularly described as follows: BEGINNING at an iron rod found in the existing east R.O.W. line of Weir Road for the most northwesterly comer of this tract and the northwesterly comer of the above referenced 99.23 acre tract, said point also being the most southwesterly comer of a 10.126 acre tract described in Volume 11319, Page 762 of the Real Property Records of Bexar County, Texas; THENCE, N 60 °05'47" E, generally along the remnants of an existing fence and along the common line with said 10.126 acre tract, passing an iron rod set at 1548.28 feet and continuing a total distance of 1681.68 feet to a point in the centerline of the Cibolo Creek for the most northeasterly corner of this tract; - THENCE, along the meanders of the centerline of Cibolo Creek as follows: N 86 °41'23" E, 90.24 feet, S 73 °0016" E, 92.45 feet, S 66 °08'13" E, 127.59 feet, S 66 °03'20" E, 175.79 feet, S 67 °1075" E, 107.43 feet, S 59 °24'49" E, 144.64 feet, and S 51-05-26" E, 216.88 feet to a point in same for the most southeasterly corner of this tract; THENCE, S 60 °05'47" W, crossing said 59.846 acre tract, passing an iron rod set at 377.18 feet and continuing a total distance of 2493.60 feet to an iron rod set in the existing northeast R.O.W. line of Weir Road for the most southwesterly comer of this tract; THENCE, N 26 °08'16" W, 323.18 feet along said northeast R.O.W. line to an iron rod set for the beginning of a curve to the right; THENCE, along said northeast R.O.W. line with said curve in a northerly direction and having a central angle of 41 ° 12'18 ", a radius of 543.69 feet (, a tangent distance of 204.39 feet, an arc length of 391.00 feet, and a chord bearing and distance of N 05 "32'25" W, 382.63 feet to an iron rod set for the end of this curve; THENCE, N 15 °03'44" E, 134.70 feet along the existing east R.O.W. line of Weir Road to the POINT OF BEGINNING and containing 39.000 acres of land, more or less. Note: Plat als9 prepared this day. ,Y. bI. Butz, Jr. 2024 No. 2024d Professio Land Surveyor -?'. FF s s FN12 -13LC1 Independence Title Company GF# 17olW 1 -14A After recording, return to: INDEPENDENCE TITLE COMPANY 1000 N. Walnut, Ste. 200 New Braunfels, TX 78130 Doc# 20170054452 # Pages 6 03/23/2017 3:35PM e -Filed & e- Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $42.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e -FILED and e- RECORDED in the Official Public Records of Bexar County, Texas on this date and time stamped thereon. 03/23/2017 3:35PM COUNTY CLERK, BEXAR COUNTY TEXAS �hn et�f �// V /�� // *®* � / ,{P ��OYHIV4" Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Water and Wastewater Subject: Resolution No. 17 -R -88 — A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into a contract with Tank Pro, Inc. for the Schertz Elevated Storage Tank Repainting Project. BACKGROUND Painting of water storage tanks, both internally and externally, is a critical maintenance task to prolong their life. Tanks on average need to be repainted every ten years. Unfortunately in the past, the City did not place these on a regular painting schedule and as such, the 500,000 gallon elevated metal tank at the intersection of FM 3009 and FM 2252 has not been painted in over 20 years. Metal storage tanks need to be aggregate blasted inside and out to remove paint and any rust that might have formed and then repainted to extend the life of the tank. During this painting process, once the tanks are taken out of service and drained, they should also be evaluated and any damage that may have occurred repaired, prior to repainting them. The City is beginning a maintenance schedule to plan for funds each year to keep up with the water storage tank maintenance much like we have begun with the vehicles and streets programs. The FY 2017 budget had funds set aside for the engineering work necessary to accomplish the painting of this elevated storage tank and a ground storage tank on Live Oak Road. The Engineer's estimate for repainting this elevated storage tank was $440,000. This elevated tank project was publicly bid and eight (8) companies returned bids. The average bid was $498,329. The lowest bid was $340,000. The bids were scored based upon a variety of areas and then references were contacted for similar projects. After this, the second lowest bidder, Tank Pro, Inc. is the contractor that staff is recommending for painting this elevated storage tank. The ground storage tank on Live Oak Road is being bid separately and will be brought to council for approval to proceed soon. SCHERTZ ELEVATED STORAGE TANK REPAINTING PROJECT Budgeted Expenses for Engineering and Bid Preparation: Engineering $ 35,000.00 Legal $ 500.00 Advertising $ 500.00 Other Prof. Services $ 1,000.00 City Council Memorandum Page 2 Proposed Painting/Repair Expenses: Construction $ 391,537.00 Construction Contingency $ 40,000.00 Total Construction Costs $ 431,537.00 Total cost of Project $ 468,537.00 Goal To extend the life of the elevated water storage tank and snake necessary repairs. Community Benefit The benefit is to keep the tank in adequate condition to provide proper storage and pressure to our citizens and maintain potable drinking water services. FISCAL IMPACT As approved in the FY 2018 budget, the funding for painting the Nacogdoches elevated storage tank will be transferred from Water Reserves in the amount not to exceed of $431,537.00. RECOMMENDATION Staff recommends that the City Council approve Resolution 17 -R -88, authorizing the City Manager to enter into a contract with Tank Pro, Inc. for Repainting services for the Schertz Elevated Storage Tank Repainting Project with a not to exceed amount of $431,537.00. ATTACHMENT Resolution 17 -R -88 Bid Scoring Sheets Ford Engineering Recommendation for Award Contract with Tank Pro, Inc. RESOLUTION NO. 17 -R -88 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TANK PRO, INC. FOR THE SCHERTZ ELEVATED STORAGE TANK REPAINTING PROJECT, IN ACCORDANCE WITH TERMS OF THE CONTRACT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the city staff of the City of Schertz (the "City ") has recommended that the City enter into a contract for tank painting services, for the Schertz elevated tank located at FM 3009 and FM 2252; and WHEREAS, the City solicited competitive sealed bids from qualified vendors for tank painting services related to the Schertz elevated tank repainting project; and WHEREAS, after extensive analysis of the responses provided by each of the eight (8) prospective vendors, City staff is confident that Tank Pro, Inc. can provide the best service at the best value; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Tank Pro, Inc. for the Schertz Elevated Storage Tank Repainting Project bid; 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 enter into a contract with Tank Pro, Inc. in the amount of $391,537.00 and to establish a contingency of $40,000.00 for an overall not to exceed price for this project of $431,537.00 for the Schertz Elevated Tank Repainting Project as substantially set forth in the Contract, Attachment 1. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of October, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) ATTACHMENTS SCOPE OF WORK A -1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement is made and entered into as of the day of , 2017 by and between the: "OWNER" The City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 t 210.619.1009 f and "CONTRACTOR" Tank Pro, Inc. 5500 Watermelon Road Northport, AL 35473 205.750.0444 t for the following Project: SCHERTZ ELEVATED STORAGE TANK REPAINTING # 17- PW- 33 -C -03 Schertz City Project #WA -C -1701 The ENGINEER for the Project is: Ford Engineering, Inc. 10927 Wye Drive, Suite 104 San Antonio, Texas 78217 210.590.4777 t 210.590.4940 f SFA - 1 1.0 THE WORK OF THIS CONTRACT Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto. The Contract Documents for this Project include this Standard Form of Agreement and the following documents, if applicable: • Request For Competitive Sealed Proposals "Schertz Elevated Storage Tank Repainting #17- PW- 33- C -03 ", Schertz Project # WA -C -1701 and Contract Forms • Addenda issued by ENGINEER and OWNER • General Conditions • Proposal from CONTRACTOR • Performance and Payment Bonds • Technical Specifications • Drawings 2.0 CONTRACT TIME AND COMPLETION § 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the OWNER § 2.2 Contract Time §2.2.1 The Contract Time shall be measured from the date of commencement. §2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement. § 2.3 Substantial Completion The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 120 calendar days from the date of commencement, subject to and adjustments of this Contract Time as provided in the Contract Documents and Changer Orders modifying and extending this Agreement. § 2.4 Liquidated Damages The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially, SFA - 2 or cause the Substantial Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the Substantial Completion date, subject to proper extension granted by the OWNER, then the CONTRACTOR agrees to pay the OWNER the sum of Six hundred dollars per day ($600). for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ( "Liquidated Damages ") that would be suffered by OWNER as a result of delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time. § 2.5 FINAL COMPLETION § 2.5.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final completion of the Work within 30 days of the designated or extended substantial completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided in the General Conditions to this Agreement. § 2.5.2 Final Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Documents other than warranty work that may be required pursuant to the Contract Documents. 3.0 CONTRACT SUM § 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONTRACTOR's performance of the Contract. The Contract Sum shall be Three Hundred, Ninety- One Thousand, Five Hundred Thirty-Seven and No /100 Dollars ($391,537.00) subject to additions and deductions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the Total Base Cost Proposal described in the Contract Documents and hereby accepted by the OWNER: No alternates are applicable to this project. § 3.3 Unit prices, for the purposes of negotiating change orders, if any, are those as provided in the CONTRACTORS proposal dated September 7, 2017 and received by the City of Schertz on September 12, 2017. SFA - 3 4.0 PAYMENT § 4.1 APPLICATIONS FOR PAYMENT Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Amount among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER and OWNER may require. This schedule, unless objected to by the ENGINEER or OWNER, shall be used as a basis for reviewing the CONTRACTOR's Applications for Payment. § 4.1.1 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Unless otherwise noted, application for payment shall be done on a monthly basis. § 4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent (5.00 %). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5.00 %); .3 Subtract the aggregate of previous payments made by the OWNER; and .4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a Certificate for Payment. § 4.1.3 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the ENGINEER shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the CONTRACTOR, any additional amounts payable. § 4.1.4 Reduction or limitation of retainage, if any, shall be as follows: SFA - 4 § 4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the OWNER to the CONTRACTOR when .1 the CONTRACTOR has fully performed the Contract except for the CONTRACTOR's responsibility to correct Work as provided in the General Conditions, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a letter of Final Acceptance has been issued by the ENGINEER and accepted by the OWNER. § 4.2.2 The OWNER's final payment to the CONTRACTOR shall be made no later than 30 days after the Work has been completed and accepted by the OWNER, in writing, following the issuance of the ENGINEER's final Certificate for Payment: This Agreement is entered into as of the day and year written above ( "The Date of Execution "): OWNER CONTRACTOR By: John C. Kessel By: �- � ki i) � flrti� Title: Cily Manager Title: SL SFA - 5 Bond # CMIFSU 0536238 KNOW ALL MEN BY THESE PRESENTS: That we, Tank Pro, Inc., as Principal herein, and International Fidelity Insurance Company, a corporation organized and existing under the laws of the State of New Jersey, and who is authorized and admitted to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Schertz, Texas, a municipal corporation with its principal location of 1400 Schertz Parkway, Schertz, Texas, Guadalupe County, Obligee herein, in the sum of three hundred ninety -one five hundred thirty-seven and 00 /100 Dollars ($391,537.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the day of , 20_, herein referred to as "the Contract" and incorporated herein and made a part hereof for all purposes, for the construction of the Schertz Elevated Storage Tank Repainting. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and other Contract Documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's failure to perform the Work in conformity with the Contract Documents, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. Whenever Contractor shall be declared by Obligee to be in default under the Contract, the Surety shall, upon request of Obligee and within seven (7) calendar days from receipt of Obligee's notice of Contractor's default, commence and thereafter complete performance of Contractor's obligations under the Contract. This Bond covers all contractual obligations of Contractor under the Contract, including, without limitation, the indemnity, warranty and guaranty obligations. The Surety stipulates and agrees that no change, extension of time, alteration, omission, addition or other modification to the terms of any of the Contract will affect its obligations on this bond, and it hereby waives notice of any such changes, extensions of time, alterations, omissions, additions, or other modifications, to the Contract or to related subcontracts, purchase orders or other obligations, and any notices provided in such regard shall not create as to any party a duty related thereto. The penal limit of this bond shall Performance Bond Pagel of 3 automatically be increased by the amount of any change order, supplemental agreement or amendment which increases the price of the Contract. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all rights and liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. All notices shall be delivered in writing to the addresses shown below or to addresses provided in the Contract Documents. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of , 20. The date of bond shall not be prior to date of Contract. ATTEST: (Principal) Secretary, -4k6 W p (S E A L) i ness as to Principal TTEST: Own Secretary (S E A L) Witness as to Surety Tank Pro, Inc. PRINCIPAL By: Name: Title: c --1— Address: Tank Pro, Inc. 5500 Watermelon Rd Northport, AL 35473 Telephone Number: (205) 750 -0468 Attorney in Fact Address:500 First Street SE PO Box 1863 Cedar Rapids, IA 52403 Telephone Number: 319 - 364 -5193 Performance Bond Page 2 of 3 An original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. Approved as to Form: City of Schertz 1400 Shertz Parkway Schertz, Texas 78154 By: John C. Kessell Title: City Manager Date: Performance Bond Page 3 of 3 TE. (G73) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JENNIFER LUSE, MARK A. POLK, SAMANTHA SPILMAN, KAREN S. LOPEZ, JAMES M. SMITH, TIMOTHY J. FOLEY, DEBORAH D. HAHN, DAVID M. OWEN, JACQUELINE K. PETERS, LYNN KIMBLE, CHERYL M. MRSTIK, ROBERT L. KOLLSMITH, JASON D. SMITH, BRAD BENGTSON, MYNDEE WALKER Cedar Rapids, IA. their true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015: "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint - control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016. �, ll STATE OF NEW JERSEY a�GNSUAt7Y, County of Essex p ZU 1936 z .`JIB George R. James y hj Executive Vice President (International Fidelity NUERgti Insurance Company and Vice President (Allegheny Casualty =pany) On this 31st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. NOTARY �t�• r qtr 4Ct rrn : l -� PUBLIC c : ' N� •_ oq,s2B {e r7" A NOTARY PUBLIC OF NEW JERSEY -•• ��`c, My Commission Expires April 16, 2019 OF NEW r`• CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of 40_1�4/A-4WV MARIA BRANCO, Assistant Secretary Bond # CMIFSU 0536238 KNOW ALL MEN BY THESE PRESENTS: That we, Tank Pro Inc. as Principal herein, and (2) International Fidelity Insurance Company , a corporation organized and existing under the laws of the State of New Jersey and who is authorized and admitted to use surety bonds in the State of Texas, as surety, are held and firmly bound unto the City of Schertz, Texas, a municipal corporation with its principal location of 1400 Schertz Parkway, Schertz, Texas, Guadalupe County, Obligee herein, in the amount of three hundred ninety -one thousand five hundred thirty -seven and 00 /100 Dollars ($391,537.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the day of , 20_, which contract is hereby referred to herein as "the Contract" and is incorporated herein to the same extent as if copied at length, for the following project Schertz Elevated Storage Tank Repainting. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall directly or indirectly timely make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the Contract, then this obligation shall be void; otherwise, to remain in full force and effect. This obligation may be enforced by the Obligee in the event of bankruptcy or default by Principal in payments to suppliers of labor or materials in the prosecution of the work under the Contract, in either of which events the Surety shall make such payments as Principal has failed to pay and as may be required to complete the work under the contract. The Surety stipulates and agrees that no change, extension of time, alteration, omission, addition or other modification to the terms of the Contract will affect its obligations on this bond, and it hereby waives notice of any such changes, extensions of time, alterations, omissions, additions, or other modifications, to the Contract or to related subcontracts, purchase orders or other obligations, and any notices provided in such regard shall not create as to any party a duty related thereto. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all rights and liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were Payment Bond Page 1 of 3 copied at length herein. All notices shall be delivered in writing to the addresses shown below or to addresses provided in the Contract Documents. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of , 20_. The date of bond shall not be prior to date of Contract. ATTEST: (Principal) Secretary (S E A L) tress as to Principal ATTEST: Secretary Tank Pro. Inc. By: Name: Title: \mss `� �9✓� L Address: Tank Pro, Inc. 5500 Watermelon Rd Northport, AL 35473 Telephone Number: (205) 750 -0468 International Fidelity InsuranreGOm an S JRETY \ Name: Jason D. Smith Attorney in Fact (S E A L) Address:500 First Street SE PO Box 1863 Cedar Rapids, IA 52403 Witness as to Surety Telephone Number: 319 - 364 -5193 An original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact. Payment Bond Page 2 of 3 Approved as to Form: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 By: John C. Kessell Title: City Manager Date: Payment Bond Page 3 of 3 Tel (073) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JENNIFER LUSE, MARK A. POLK, SAMANTHA SPILMAN, KAREN S. LOPEZ, JAMES M. SMITH, TIMOTHY J. FOLEY, DEBORAH D. HAHN, DAVID M. OWEN, JACQUELINE K. PETERS, LYNN KIMBLE, CHERYL M. MRSTIK, ROBERT L. KOLLSMITH, JASON D. SMITH, BRAD BENGTSON, MYNDEE WALKER Cedar Rapids, IA. their true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015: "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of ioint- control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or cerfificatlon given for the execution of any bond, undertaking recognizance, contract of indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY. COMPANY have each executed and attested these presents on this 31st day of December, 2016. S'fA'LE OF NEW JERSEY t GPSOgCT�, County of Essex cod SEAN. �' � J 1936 Z George R. James Executive Vice President (International Fidelity N JERS�� Insurance Company and Vice President (Allegheny Casualty Lompany) On this 31st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. •U�t NOTARY -`� PUBLIC v': N' °Q rB xB {9 � A NOTARY PUBLIC OF NEW JERSEY . ' -• • . • ••' ���.�' My Commission Expires April 16, 2019 OF NEVI J .......... CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. Project Name: 1- PROPOSAL CHECKLIST Firm Name: [��, ! c-. f2 FMS P o 0- ?-W 3 ] -C. -4 3 Use the checklist to ensure that the proposal is complete by checking off each item included with your response. Sign and date this form and include this page with each proposal. E��i>I� �3?I:lrl�>krI ��•T1: ���:f: i� Consisting of one (l) Printed and One (1) Electronic Original of Proposal information ❑ This Proposal Checklist ❑ Respondent Information Sheet ❑ Signed Cost Proposal, Proposal Certification & Bid Bond (Bound together) ❑ Qualifications of Respondent Firm and Experience on Similar Projects ❑ Experience on Public Projects ❑ Corporate History and Stability Available Resources to Complete Project ❑ References (Page CP-4) ❑ Copy of Current Certificate of Liability Insurance Identical Electronic Version of Signed Original Proposal on CDIDVD or USES Media, Must include all pages and have signatures. SEALED ENVELOPE or BOX # 2: Three (3) Copies of Proposal Information as Requested ❑ Respondent Information Sheet ❑ Qualifications of Respondent Firm and Experience on Similar Projects ❑ Experience on Public Projects ❑ Corporate History and Stability F-JAvailable Resources to Complete Project ❑ References (Page CP -4) * * Note: Edo not include cost proposal pages CP -1, CP -2, CP -3 & CP -5 with the sets of copies within Envelope #2_ I certify that the proposal submitted includes the items as indicated above. Signature Printed Name Trtfe CL -1 9- -`l -`�)CD c) Date RESPONDENT INFORMATION SOLICITATION / PROJECT NAME: So-- "<,-A-. Instructions: The Respondent Information sheet is a requirement of your response. Complete the information without modifying or deleting questions. QENERAL INFORMATION 1. Respondent Information: Provide the following information regarding the Respondent. (NOTE. 'Sub - Contractors are not required to submit this Form) Respondent Name: _�i r'>>� 3r , . (NOTE Give exact legal name as it will appear on the contract, it awarded.) Principal Address- 51-c-- s 1l�'yry -ems^4� City:r State: t4 Zip Code: `{ Telephone No '3-- -- 5--- (l S — t,) \A W-A Fax No: r r) — "Z::> �-k �- 2, Contact Information: List the one person who the City may contact concerning your proposal or setting dates for meetings. Name. Address: City: �\J a f- _�I�r_k State: Zip Code: X1`3 Telephone No 3 Fax No Email: 3. Identify the principal contact person authorized to commit the Respondent to a contractual agreement. 4. Is Respondent authorized and/or licensed to do business in Texas? Yes 4 No ❑ If "Yes ", list authorizations /licenses. RQ 3 '1,x'1 `I RI - ] 5. Debarment/Suspension Information: Has the Respondent or any of its principals been debarred or suspended from contracting with any public entity? Yes ❑ No 4 If Yes ", identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension. including but not limited to the period of time for such debarment or suspension. 6. Bankruptcy Information: Has the Respondent ever been declared bankrupt or Bled for protection from creditors under state or federal proceedings? Yes ❑ No 4 If "Yes ", state the date, court, jurisdiction, cause number, amount of liabilities and amount of assets. 7. Provide any other names under which Respondent has operated within the last 10 years I-Alo^-C- 8. Litigation Disclosure: Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required in the Litigation Disclosure questions may result in the disqualification of your proposal from consideration or termination of the contract, once awarded. a. Have you or any member of your Firm or Team to be assigned to this project ever been indicted or convicted of a felony or misdemeanor greater than a Class C in the last five (5) years? Yes ❑ No [A b. Have you or any member of your Firm or Team to be assigned to this project been terminated (for cause or otherwise) from any worts being performed for the City of Scherta or any other Federal, State or Local Government, or Private Entity? Yes ❑ No 4 c. Have you or any member of your 'Firm or Team to be assigned to this project been involved in any claim or litigation with the City of Schertx or any other Federal, State or Local Government, or Private Entity during the last ten (1 D) years? Yes ❑ No If you have answered "Yes" to any of the above questions, please indicate the name(s) of the person(s), the nature, and the status and/or outcome of the information, indictment, conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your proposal. 9. Contract Terns and Conditions. Respondent acknowledges having read the contract attached to this RFCSP. By responding to this RFCSP, Respondent agrees to these terms and conditions. No Exceptions � Exceptions ❑ If "Exceptions ", they must be submitted with the proposal. Respondents shall submit exceptions with proposed alternative language to the City as an attachment accompanying this questionnaire. Exceptions will not be accepted after the proposal due date and time. At the sole discretion of the City, the type and nature of exceptions may be grounds for disqualif-ication. RI -2 10. Addendums: Each Respondent is required to acknowledge receipt of all addendums. None ❑ Yes 4 If "Yes', identify each. 1�- a- - x,1 1 ,r A BM tl� 'D C1,1, �-,�CiI -� The information provided above is true and accurate to the best of my knowledge. Furthermore, we understand that failure to complete the Respondent Questionnaire may subject this firm to elimination from the selection process. i Signature Date Printed Name Titie RI -3 City of Schertz Elevated Storage Tank Repainting: PROPOSAL OF C A► partnership consisting of An individual doing business as TO THE CITY OF SCHERTZ. COST PROPOSAL C. a. corporation Pursuant to Instructions and Invitations to Respondents, the undersigned proposes to provide repainting of the interior and exterior of the City of Schertz 0.5NIMG steel elevated storage tank located at 19625 FM 3009, Garden Ridge, Texas, and exterior of the attached piping, #17-- PW- 33 -C -03, Project No. WA -C -1701 in accordance with the Plans and Specifications for the following prices to wit: Base Cost Proposal —Nvx-#e-. i�r -+- (ant- kn'Q.v M=jr om-) ac s -- 4.r^&-4 ollars) and � (Cents) Additive Alternate Cost Proposal (if any): t4 1A 4$ a9 l (Dollars) and (Cents) CP - 1 Proposer's Signature I City of Schertz Elevated Storage Tank Repainting; TABULATION OF BASE PROPOSAL.: The Base Cost proposal shown in CP -1 is itemized as follows: ITEM NO. ITEM DESCRIPTION IT PRICE TO BE BITTEN IN WORDS) UNIT QTY UNFIT PRICE IN FIGURES TOTAL IN FIGURES 1 0.5 MMG ELEVATED STORAGE LS I TANK (INTERIOR) Furnish all materials, labor, equipment d superintendence for the interior painting and rehabilitation of a 0.5 illion- gallon steel water storage tank and appurtenances. Including, but not limited to, removing tank from service, surface preparation, coating, testing and disinfection in accordance with the contract plans and specifications; complete in place. .5 MMG ELEVATED STORAGE LS 1 TANK (EXTERIOR) Furnish all materials, labor, equipment $ . l 3 � d superintendence for the exterior rehabilitation of a 0.5 million - gallon eel water storage tank and appurtenances. Including, but not limited dI emissions control, surface reparation, tank coating, and site estoration in accordance with the ontract specifications; complete in lace 3 Replace existing vent and vent neck with LS 1 new standard 24" aluminum passive vent; repair existing roof hatch to close o 0 CP - 2 Proposer's Signature City of Schertz Elevated Storage Tank Repainting: 4 Furnish all materials, labor, equipment LS l d superintendence for the soil removal and replacement of lead impacted soil d the confirmatory sail testing, for the i_ °� limits shown in the plans 'G11.SS r" �c s�. tw e �l�.: r �cmtn Dollars The remainder of this page is intentionally blank. CP - 3 Proposer's Signature City of Schertz Elevated Storage Tank Repainting; I . Complete the additional requirements of the Proposal which are included on the following pages. 2. Respondent must return pages CP -1 through CP -5 with this Proposal. Any and all Addenda which are issued by the City with appropriate signatures acknowledging receipt shall be attached to and made a part of this bid. 3. The 'Work included in this Proposal shall be Substantially Complete, as defined in the General Conditions within 120 Calendar days from issuance of the Notice to Proceed. ADDITIONAL RESPONDENT INFORMATION Complete the additional requirements of the Proposal. All blanks must be tilled in for the Proposal to be considered responsive. If a question is not applicable, put the words "not applicable" in the space provided. 1. What similar public works projects has your company completed? Owner Owner's Phone Project Description Date Completed Contract Amount [Number 4 ` r C--4- l- fir. CJ. The remainder of this page Is intentionally blank. CP -4 PrWser's Signature City of Schertz Elevated Storage Tank Repainting: COST PROPOSAL CERTIFICATION Accompanying this proposal is a Sid Bond or Certified or Cashier's Check on a State or National Sank payable to the Order of the City of Schertz, Texas for Five Percent of Amount Bid dollars ($ 5 , which amount represents five percent (5 %) of the total bid price. Said bond or check is to be returned to the Respondent unless the proposal is accepted and the Respondent fails to execute and file a contract within 10 calendar days after the award of the Contract, in which case the check shall become the property of said City of Schertz, Texas, and shall he considered as payment for damages due to delay and other inconveniences suffered by said City of Schertz, Texas due to the failure of the Respondent to execute the contract. The City of Schertz, 'Texas reserves the right to reject any and all proposals, It is anticipated that the Owner will act on this proposal within 60 calendar days after the proposal opening. Upon acceptance and award of the contract to the undersigned by the Owner, the undersigned shall execute standard City of Schertz, Texas Contract Documents and make Performance and Payment Bonds for the full amount of the contract within 10 calendar days after the award of the Contract to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is anticipated that the Owner will provide written Authorization to Proceed within 10 days aver the award of the Contract. The Contractor hereby agrees to commence work under this Contract inrrnediately after issuance by the City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 120 calendar days from the Notice to Proceed. Linder no circumstances shall the work commence prior to Contractor's receipt of City of Schertz, Texas issued,. written Authorization to Proceed. The undersigned certifies that the proposal prices contained in the proposal have been carefully checked and are submitted as correct and final. In completing the work contained in this proposal the undersigned certifies that Respondent's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin and that the Respondent will affirmatively cooperate in the implementation of these policies and practices. Signed: International Fidelity Insurance Company Conr any Name Author ompany signature Jason D Smith, Attorney -in -Fact Dame Printed One Newark Center, 20th Floor Address Newark, NJ 07102 -5247_ City, state, Zip +1 800- 333 -4167 Telephone CP - 5 Proposer's Signature tank Pro, Inc. x. 19 73) 3) 624" 8 20i.i POWER CAF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07192 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JENNIFER LUSE, MARK A. POLL, SAMANTHA SPiLMAN, KAREN S. LOPEZ, JAMES M. SMITH, TIMOTHY J. FOLEY, DEBORAH D, HAHN, DAVID M. OWEN, JACQUELINE K. PETERS, LYNN KIMBL'E, CHERYL M, MRSTiK, ROBERT L. KOLLSMITH, JASON D. SMITH, BRAD BENGTSON, MYNDEE WALKER Cedar Rapids, lA_ their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other wrilings obligatory m the nature' thereof, which are or may be allowed, required or permitted by law, statute rule, regulation, contract or otherwise, and the execution of such instrument(s) m pursuance of these presents, shall be as binding upon lie said INtERNA ONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices, This Power of Attorney Is executed and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duty held on the 201h day of July,. 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015: "RESOLVED, that (1) the Chief Executive Officer, President, Executive Moe President, Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obl€ alions in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint - control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertakingg, recognizance, contract of indemnity or ether written ot3ligation to the nature thereof or related thereto, such signature and seals when so used whetfaer heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN 'WITNESS WHEREOF, INTERNATfONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2016, 4T H• STATE OF NEW JERSEY .t CPsgAt6. County of Essex �' p t' SEAL 93E] George R. James 't'►yj y Executive Vice President (International Fidelity M,uE�rc� Insurance Company y and Vice President (Allegheny Casually Company) On this 31st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duty sworn, said he is the therein described and authorized officer of iNTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seats affixed to said Instrument are the Corporate Seals of said Companies: that the said Corporate Seals and his signature were duty affixed by order of the Boards of Directors of said Companies. a��rrrjjr rrri + W TESTIMONY WHEREOF, i have hereunto set m nand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written, `,, •j N Y Cry r''i G ^�kLSSlra� • �'Ca PUd LIE: A NOTARY PUBLIC OF NEW JERSEY 1.''•.;�Q�N6 My Commission Expires Agri] 1E, 2419 W ,'r CERTIFICATION i, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on fide In the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full lorce and effect. IN TESTIMONY WHEREOF=, I have hereunto set my hand this Nn day of % U rg MARIA BRANCO, Assistant Secretary MINEIf'. � a wo- . , r "iC day of % U rg MARIA BRANCO, Assistant Secretary MINEIf'. � a wo- . , �1 CITY OF SCHERTZ, TEXAS REQUEST FOR COMPETITIVE SEALED PROPOSALS (RFCSP) for SCHERTZ ELEVATED STORAGE TANK REPAINTING # 17- PW- 33 -C -03 ADDENDUM #1 - Date: Aueust 2S, 2017 This addendum provides answer responses to questions submitted and provides a clarification as to the number of copies of the solicitation which are needed to submit with a response. RESPONSES TO SUBMITTED QUESTIONS 1. Please provide the estimated cost? A. This is provided within in the solicitation document on page RFCSP -3, section I. BACKGROUND, fourth paragraph, first sentence. "The estimated maximum construction budget for this project is 5440,000.00." 2. Is the pre - submittal conference on 8/2212017 mandatory? A. Optional with no mandatary requirement. 3. Do you have a lead content report you could post? Thank you! A. It is provided as supplemental information to the Public Purchase website for this solicitation. 4. Can you post a copy of the sign in sheet? A. It is provided as supplemental information to the Public Purchase website for this solicitation and attached to this Addendum #1.. END RESPONSES TO SUBMITTED QUESTIONS CHANGES TO RFP Page ITS -1 "Invitation to Submit Proposals "; Second Paragraph, Third sentence: ,Delete and replace with: "Proposals shall include one electronic and one hard copy originals with three (3) additional copies." END CHANGES TO RFP No other items, dates or deadlines for this RFCSP are changed. END OF ADDENDUM #1 Acknowledgement of this Addendum No.1 is not required with a proposal response. CITY OF SCHERTZ, TEXAS REQUEST FOR COMPETITIVE SEALED PROPOSALS (RFCSP) for SCHERTZ ELEVATED STORAGE TANK REPAINTING # 17- PW- 33 -C-03 ADDENDUM #2 - Date: September 1, 2017 This addendum provides answer responses to questions submitted and provides a clarification as to the number of copies of the solicitation which are needed to summit with a response. RESPONSES TO SUBMITTED QUESTIONS 1. Does the tank site have power and water? A. Yes. Water faucet at pump building, 1 10 Electric at pump building. 2. Are any local permits required? A. No. 3. Can we work 7 days a week? A. Contractor shall follow the UDC (Unified Development Code) for the Garden Ridge municipality where the tank is situated. 4. Can we get a copy of the last inspection report for the tank? A. Per Addendum ##1, it is provided as supplemental information to the Public Purchase website for this solicitation. 5. Dues the tame have any antenna or communication equipment? If so, will these items be removed prior to the start of work? A. No antennae. 5. Will a logo be put on the tank? A. No Logo. 7. Wanted to verify if air monitoring is done that it will be paid for by the City. A. Shroud the tank, no monitoring. Clean up of all dust and blasting material is the responsibility of Contractor. 8. If conditions can be maintained within the range as specified on the Tnemec data sheets, would you agree that dehumidification will not be required? A. Dehumidification will be per paint manufacturer's recommendations. 9. Can you provide more information on the location and number of the cracks that are to be filled with Sikadura as mentioned in Section 03332? Do you have any photos that show the cracks? A. For this tank, none were noted. To be verified in the field.. #17- PW- 33 -C -43 ADDENDUM #2 Page l oft 1 D. After further review of the specifications, we noticed that there are two Section 13411. One is for a new vent and the other one is for new vent, access hatch and ladder work. Which are we to use? A. The first Section 13411 containing five pages (13411 -1 through 13411 -5) is valid. The second like named section consisting of six pages is hereby deleted. END RESPONSES TO SUBINITTED QUESTIONS No other items, dates or deadlines for this R1F"C'SP are changed. END OF ADDENDUM #2 Acknowledgement of this Addendum No.2 is required with a proposal response. Each respondent is requested to acknowledge receipt of this Addendum No.2 by his/her signature affixed hereto and to file it with and attached to his/her proposal. The undersigned acknowledges receipt of this Addendum No.2, and that the bid submitted herewith is in accordance with the information and stipulations set forth. Lute Typed or Printed Name Signature of Bidder #t7 PW- 33 -C-03 ADDENDUM #2 Page 2 of 2 CITY OF SCHERTZ, TEXAS REQUEST FOR +COMPETITIV'E SEALED PROPOSALS (RFCSP) for SCHERTZ ELEVATED STORAGE TANK REPAINTING # 17- PW- 33 -C -03 ADDENDUM #3 - Date: September 6, 2017 This addendum informs potential respondents with supplemental information and extends the due date. NOTIFICATION OF SUPPLEMENTAL INFORMATION The fallowing three reports are provided for information. They are available on the website for ttris solicitation; http:/f www. publicpurchase .com/getns/bid /bidView ?bidld =83601 • LBP- SCHERTZ- Report -Final • Garden Ridge - Soil Lead Report • LBP & LEAD IN SOIL Report - Garden Ridge END NOTIFICATION OF SUPPLEMENTAL INFORMATION CHANGE IN DUE DATE & TIME The Due Time for responses is hereby changed to 2:00 P.M., September 12, 2017. END CHANGE IN DUE DATE & TIME No other items, dates or deadlines for this RFCSP are changed. END OF ADDENDUM #3 Acknowledgement of this Addendum No.3 is not required with a proposal response however please acknowledge where possible. Please acknowledge receipt of this Addendum No.3 by signature affixed hereto and to fife it with and attached to his/her proposal. The undersigned acknowledges receipt of this Addendum No.3, and that the bid submitted herewith is in accordance with the information and stipulations set forth. 9 —' --D-,, \r} Date. Typed or Printed Name Signature of Bidder #17- PW- 33 -C -03 ADDENDUM #3 Page 1 of 1 September 7, 24717 City of Schertz, TX TANK PRO /N 5500 W`awe lan Rd Northpam ALA 3W3 F.U. BOX 2669 - Tuxakmai4 AJa6ama 35443 Fhauo (205) 75040444 • i 888 621 -8846 Far: (205) 75444464 • email maispt&9uApooiar oam QUALIFICATIONS OF RESPONDENT FIRM AND EXPERIENCE ON SIMILAR PROJECTS The attached items are provided in response to RFCSP Section VI Item A — Qualifications of Respondent Firm and Experience on Similar Projects. V.I.). «f'Operations References for City of Schertz,TX Project Title: Volunteer Drive Water Storage Tanis Rehabilitation (full interior and exterior renovation on a 500K ELE with lead abatement and repairs) Owners Name: Faris Board of Public Utilities, TN Engineer: Michael McClure Engineer's Telephone Number: 615 - 254 -6002 Contract Amount: $419,946 Date Started: May 2016 Project Title: Jacksonville Water Storage Tank Rehabilitation (full interior and exterior renovation of a 200K ELE with lead abatement and repairs) Owners Name: North Shelby Water Company, KY Engineer: Lee Mudd Engineer's Telephone Number: 502 -839- 1310 Contract Amount: $287,774 Date Started: October 2016 Project Title: Campbell Street Water Tank Rehabilitation (blast and paint exterior of 1MG elevated tank) Owner's Name: City of LaGrange Engineer: John Sims (retired) Engineer's Telephone Number: 770 -422 -1902 Contract Amount: $459,407 Date Started: December 2015 Project Title: Highway 80 500,000 Gallon Elevated Storage Tank Reconditioning and Misc Repairs (full interior and exterior renovation on a 500K ELE with containment and repairs) Owners Name: Alabaster Water Board, AL Engineer: Jason Dearing Engineer's Telephone Number: 205- 987 -7411 Contract Amount: $421,058 Elate Started: January 2017 Project Title: Water Storage Tank Rehabilitation (interior and exterior rehabilitation with major repairs on 500K elevated tank) Owners Name: City of Taft, TX Engineer: Hector Castaneda, Engineer Engineer's Telephone Number: 361 -883 -1984 Contract Amount: $195,856 Date Started: November 2015 Project Title: Elevated Water Storage Tank Rehabilitation (interior and exterior rehabilitation with major welding repairs on 100K elevated tanks) Owner Name: Kenedy County, TIC Engineer: Hector Castaneda, Engineer Engineer's Telephone Number: 361- 883 -1984 Contract Amount: $252,395 Date Started; January 2016 Project Name: Watkins Street Elevated Tank Painting Project (interior and exterior rehabilitation with containment and repairs on a 400K elevated tank) Owner Name: City of Luling, TX Contact Person: Mark Mayo, City Manager Telephone Number: 830- 875 -2481 Contract Amount: $285,442 Date Started: October 2012 Project Name: Water Tank Maintenance and Improvements (rehabilitation and repairs to 6 tanks) Owners Name: Unified Government of Athens- Clarke County Engineer: Alan Bowling Engineer's Telephone dumber: 678 -530 -4802 Contract Amount: $158,832 Date Started: August 2014 Project Title: Tank #1 Freeway Lane Painting and Repairs (interior and exterior of 250K ELE with repairs) Owners Name: Mobile County Water, Sewer & Fire Protection Authority, AL Engineer: Chapman Technical Service Engineer's Telephone Number: 251- 442 -5911 Contract Amount: $290,789 Date Started: November 2016 Mobile County Water Freeway Lane Tanis TANK PRO, INC. REFERENCE LIST States in Alphabetical Order: AL, FL, GA, KY, MS, OK, TN, TX ni.nBnlKa Athens Utilities, AL Contact — Brian Daniel Phone — (256) 497 -7856 Description — 2MG Exterior Renovation Price - $83,392 Completion Date — 2013 Description — Exterior Renovation of 754,000 Tank Price - $133,593 Completion Date — 2015 Bay Minette Utilities, AL Contact — Jason Padgett Phone — (251) 580 -1626 Description — Lead Containment of a 1 MG ELE, 1.5MG Hydopillar, 750K ELE, 500K ELE, 200K ELE & 250,000 ELE Price — total est. $487,615 Completion Date — 2007 -2016 City of Brewton, AL Contact -- Ray Madden Phone — (251) 809 -1780 Description — Full Containment and Renovation of a 250 K Elevated Water Tank Price - $234,000.00 Completion Date — 2010 Crust Guard Station, Mobile, AL Contact — C. Michael Hudson, Project Manager Phone — (251) 441 -6884 Description — 350,000 Ground Storage Tank Interior Only Renovation and Cathodic Replacement Price — $ 69,000 Completion Date — 2012 City of Cullman, AL Contact — Junior Heaton Phone- (256) 775 -7210 Description — Lead Abatement and Renovation of 2 Tanks: 1 -3 Million Gallon Ground Storage Tank. 1 -2 Million Gallon Hydropillar Price - $ 650,000 Completion Date — 2008 City of.Daleville, AL Contact — David Hicks Phone — (3 34) 585 -5841 Description — Repair and Repaint 500,040 Eievated Water Tank with containment Price - $211,724 Completion Date — 2012 . Florala, AL Contact — Chris Jackson Phone — (334) 858 -6722 Description — Exterior Renovation of 300,404 Elevated Water Tank Price - $40,543 Completion Date — 2013 Green Pond Water System, AL Contact — Bart Taft Phone — (256) 248 -7030 Description — Renovate Interior & Exterior of 240,004 Elevated Water Tank Price - $157,899 Completion Date — 2012 Harvest Monrovia Water Authority, AL Contact — Roger Raby Phone — (256) 83 7-113 2 Description -- Maintenance, Renovation and Painting of 8 Tanks: 2 -3,000 Gallon Pressure Tanks 1- 25,000 Gallon Storage Tank 1- 350,000 Gallon Ground Storage Tank 1- 500,000 Gallon Storage Tank 1- 650,000 Gallon Ground Storage Tank 2 -3 Million Gallon Storage Tanks Price - $ 600;000 Completion Date — 2003- current Hollins Water Authority, AL Contact - Hugh Scroggins Phone -- (256) 249 -4014 Description -Interior Renovation 100K Ground Water Storage Tank Price - $34,425 Completion Date - 2016 City of Huntsville, AL Contact - Jason Benson Phone - (256) 652 -8377 Description - Lead Abatement 1 Million Gallon, 900,000 GST & 200,000 Elevated- Containment Price - $600,000 Completion Date - 2007 City Qfmoundville, AL Contact - Robert Nichols Phone - (205) 331 -2498 Description - Repair and Repaint a 350K and 500K Water Tank Price - $271,987 Completion Date -- 2012 City of Ozark, AL Contact - Joe Sexton Phone -- (334) 774 -2336 Description Maintenance and rehabilitation of three (3) 250K Elevated water tanks Price - $ Completion Date - current FLORIDA East Milton Water System, FL Contact Dink Hetms Phone - (850) 850 -8750 Description Rehabilitation of 500K ELE Water Tank #4 Price - $102,280 Completion Date - 2006 City of Lake City, FL Contact - Debbie Garbett Phone - (386) 719 -5756 Description - Renovation of 500K Elevated Water Tank Price - $174,000 Completion Date - 2002 Moore Creek -Mt. Carmel Water Utilities, FL Contact - Becky Prescott Phone - (850) 675 -6174 Description - Interior Rehabilitation of 1 OOK Tripod Water Tank Price - $27,015 Completion Date - 2016 Grange County Board of Commissioners, FL Contact - Jim Hill Phone - (407) 836 -6906 Description - Exterior Renovation of 750K Hydropillar Price - $78,470 Completion Date - 2004 GFORGIA Athens - Clarke Co., GA Contact - L. Gary Duck Phone - (706) 613 -3470 Description - Repaint Exterior 500K Elevated Water Storage Tank Price -- $82,083 Completion Date - 2014 Butts Co_, GA Contact -Marcie Seleb Phone - (770) 775 -0042 Description Repair and Repaint a 1 MG Ground Water Storage Tank Price - $191,127 Completion Date - 2012 City of East Paint, GA Contact - Richard Randolph Phone - (404) 270 -7121 Description - Repair and Repaint a 1 MG ELE & I MG Sphere water storage tank Price - $910,091 Completion Date - 2412 City of Jenkinsburg, GA Contact - Clair ,tones Phone - (770) 775 -4850 Description --- Maintenance and Rehabilitation of 60,000 ELE water tower Price - $75,460 Completion Date - current City of Kingsland GA Contact - Chuck Dubose Phone - (912) 729 -5613 Description Maintenance of (2) 500K and 750K Elevated water tanks Price - program Completion Date - current City of'Lyons, GA Contact - Jason Fall Phone - (912) 526 -8506 Description -- Maintenance and Rehabilitation of three (3) 250K Elevated water tanks Price - $544,776 Completion Date - current City of Lakeland, GA Contact - Mayor Bill Darcey Phone - (22 9) 482 -3100 Description -- Full Containment and Renovation of Two (2) 200K Elevated Water Tanks Price - $340,542 Completion Date - 2009 City o. f Nahunla, GA Contact - Thomas Wirth Phone - (912) 462 -5631 Description - Rehabilitation of 150K Elevated Water Tank Price - $199,950 Completion Date - 2014 f MM&TSVI City of Olathe, KS Contact - Sabrina Parker Phone - (913) 971 -9116 Description - Blast & Recoat Interior & Exterior of L5MG Standpipe with two logos Price - $545,535 Completion Date - 2016 KFATT JCKV Winchester Municipal Utilities, KY Contact - Eddie Hightower Phone - (859) 744-5434 ext. 1145 Description - Clean and Recoat Interior & Exterior of 500K Elevated Water Tank with containment Price - '$651,929 Completion Date - 2012 Northern Kentucky Water District, KY Contact - Don Bezold, Burgess & Niple Phone (513) 579 -0042 Description - 300,000 Paint & Install Riser Pipe with containment Price - $391,928 Completion Date -- 2014 City v, f 'Bay Springs, MS Contact -Kenneth Blakeney Phone - (601) 764 -4112 Description - Renovation of a 300,000 Elevated Water Tank Price - $147,089 Completion Date - 2012 City of Durant, MS Contact - Mr. Holman Phone - (601) 940 -0249 Description- Painting, Lead Abatement, and Repair of a 250,000 Gallon Elevated Tank w /containment Price - $ 169,935 Completion Date - 2012 City q f Horn Lake, MS Contact - Spencer Shields Phone - (662) 342 -4505 Description - Maintenance, Renovation and Painting of 8 Tanks: 1- 75,000 Gallon Elevated Water Tank 1- 100,000 Gallon Elevated Water Tank 1- 300,000 Gallon Elevated Water Tank 1 -1 MG Hydropillar Water Tank Price - $750,000 Keesler AFB, MS Contact - Katie Fulford Phone - (228) 377 -3706 Cell - (228) 229 -5233 Description - Renovation of #4 & #6 400,000 Elevated Tanks Price - $966,252 Completion Date - 2013/2014 Town of K lmichael, MS Contact Stanley Spradling Phone -- (662) 494 -7101 Description - Repair, Cleaning, and Repair of a 1€10,000 Elevated Water Tank Price - $1.49,987 Completion Date - 2012 City of Kossuth, MS Contact - Mark Weeden Phone - (662) 842 -7381 Description -- Repair and repaint of a 150,000 Elevated Water Tank Price - $203,942 Completion Date - 2012 Pearl River Community College, MS Contact - Roger Knight Phone - (601) 403 -1159 Description - renovation of a 75,000 Pedi- sphere water tank Price - $174,897 Completion Date - 2012 City of fort Gibson, A& Contact - Raymond Coleman Phone - (601) 259 -5842 Description - Clean & Coat Interior & Exterior of 200K and 250K elevated water tanks Price - $435,037 Completion Date - 2015 Town of Raleigh, MS Contact - Michael Thorton Phone - (601) 782 -4672 Description -- Rehabilitation of 200K Elevated Water Tank Price - $91,060.00 Completion Date - 2004 City of Southaven, MS Contact - Ray Humphrey Phone - (662) 796-2492 Description ---16 year Maintenance and Rehabilitation of (5) 500,000 Gallon Water Tanks Price - $1.2 Completion Date - current WL'twoe i�11�1 Broken Bow Public Works Authority, OK Contact - Gary Swift Phone - (580) 584 -3407 Engineer - Stewart Nolan Phone - (541) 831 -9908 Description - Repair and Repaint a 250,000 Elevated 'Water Tank Price - $187,716 Completion Date - 2410 City of Clinton, OK Contact - Arnold Adams Phone - (580) 323 -0217 Description - Rehabilitation of a 300,000 Elevated Water Tank Price - $91,139 Completion Date - 2011 City of Collinsville, OK Contact - Don Phifer Phone - (918) 740 -0190 Description - interior Clean & Paint of a 500,000 Elevated Tank Price $61,623 Completion Date - 2013 City o. j``Guymon, OK Contact ` Patrick Barnas Phone - (405) 755 -5325 Description - Interior & Exterior Coating of a i MG Water Tank. Price -- $200,008 Completion Date -- 2013 TENNESSEE City of Bolivar, TN Contact - Robert Stigall, Engineer Phone - (616) 460 -7515 :Description - Lead Abatement 300,000 & 500,000 Elevated With Containment Price - $386,000.00 Completion Date - 2006 Cleveland Utilities, TN Contact - Philip Luce Phone - (423) 478 -9388 Description - Rehabilitate and Recoat of 3MG Water Storage Tank Price $524,195 Completion Date - 2012 TEXAS City of °Dayton, TX Contact - David Douglas Phone -- (936) 258 -2642 Description - 500,000 Gallon Etevated Int. & Ext. With Repairs Price - $448,997 Completion Date - 2009 City of Driscoll, TX Contact -- John Valk Phone - (361) 779 -5646 Description - Exterior Painting of 1 00,000 Elevated water storage tank Price - $37,553 Completion Date - 2016 Glenn ,heights, TX Contact - Larry Pennington Phone - (972) 274 -5100 Description - 1 Million Gallon GST Int. Reno & Ext. Spot Paint Price - $162,246 Completion bate - 2008 Hughes Springs, TX Contact - George Pifte Phone - (903) 639 -7519 Description -- 500,004 Gallon Elevated hit. & Ext. Repaint With Repairs Price - $242,260 Completion Date - 2008 Point Comfort, TX Contact - Rhonda. Roberts Phone - (361) 987 -26+61 Description - 100,000 Gallon Elevated Int. & Ext. With Containment. Price - $2 17,772 Completion Date 2008 City of Poth, TX Contact - Kenneth Griffin Phone - (830) 484 - 2000 Description --- 150,000 Gallon Sphere Int. & Ext. Repaint Price - $89,721 Completion Date - 2011 Texas Dept. of Criminal Justice Contact - Doris Covington Phone - (935) 437 -7114 Description - 150,000 Galion Elevated Int. & Ext. With Repairs Price - $144,650 Completion Date - 2009 Texas Parks & Wildlife Dept. Contact - Cindy Holmes Phone - (817) 822 -4889 Description - Clean, Repair, & Refinish (2) 1 OOK Double Ellipsoid Tanks Price -- $294,141 Completion Date - 2015 Wichita Falls, TX Contact - Jason Spencer Phone - (940) 636 -1273 Description -1 Million Gallon Elevated Int. & Ext.. With Containment Price - $455,760 Completion Date - 2046 Luling, TX Contact - Bobby Berger Phone - (83 0) 875 -2481 Description - interior and exterior rehabilitation of 400,000 Elevated with special design paint. Price - $285,492 Completion Date - 2013 City of Tut, TX Contact - Hector Castaneda, Engineer Phone - (361) 883 -1984 Description - 500,000 Gallon Elevated Int. & Ext. With Major Welding Repairs Price - $368,534 Completion Date - 2016 Phillip Charles Stearrnan 5500 Watermelon Road Northport, Alabama 35473 205/750 -4444 12hillip tankproinc.com Summary Proficient in planning and motivating employees, organized and efficient with 24 years experience in business and industry. I believe that my attitude and my desire to provide excellent service bath during a sale and after has been the key to my success. Employees and customers by nature want to feel appreciated and it is my mission to make sure this is achieved. Representative Accomplishments • Started Tank Pro, Inc. in 1491 with $5,000 and currently have sales in excess of $8,000,000 serving the southwest and eastern United States. • Consistent track record of completing projects on time. • Tank Pro, Inc. develops proactive solutions to identify potential problems or delays with projects thus preventing them before they occur. • Tank Pro, Inc. initially was an unknown company and today we are rated among the very best, one of three companies in the southeastern United States who are invited to develop perpetual care water tank maintenance programs for municipal and county water systems. Cost Management Work History Tank Pro, Inc., Tuscaloosa, AL 1491 - Present $8.0Mcorporation specializing in municipal water tank painting, preventive maintenance programs and repairs. Chief Executive Office responsible for complete operations of the company. Education and Licensure B.A. Management, Marshall University, Huntington, West Virginia — 1986 Trained by National Association of Corrosion Engineers (MACE) in Houston, Texas. Successfully completed levels 1, 11, & Ill. Robert E. Anderson 245- 534 -1844 SUMMARY I am a Vice President of Operations with a diverse background in the Water Tank Industry. I bring with me knowledge of the tank building including hands on experience building tanks,-modifying existing tanks such as raising and lowering, major repairs such as riser replacements, and the ability to lead all projects involving water tanks. I have experience as a Field Foreman and Safety Manager giving me the knowledge to understand production, quality, and safety. Starting as a welder, I have worked my way up through the ranks to become a Vice President. In doing this, I have learned many solutions to problems and safety standards. This is important to have for the field crews as well as for customers. EXPERIENCE • Tank Pro: Tuscaloosa, AL: December 2010 — Present Vice President of Operations — Plan and coordinate all tank raising operations, oversee all field painting crews by working with the project managers on scheduling projects, keep a record ofjob cost, record all maintenance on field tools, schedule safety training for all crew members, hire workers including foremen, travel to job sites, schedule x -rays, updating upper management of field progress, and keeping daily contact with foremen on the job site_ I also speak with the customers to assure job quality for each job. If there is a problem, it is my job to come up with solutions to ensure quality and production meet the requirements of the AWWA codes. I also manage our Welding crew that performs major tank modifications and work with our Engineer for project calculations. + Phoenix Fabricators and Erectors: Avon, IN: July 2007- December 2010 Safety Manager- I trained all employees working with the company in the 1926 and 1910 standards upon their pre - employment and annually, perform weekly safety meetings which includes building and delivering power point presentations, maintain records of training for both shop and field employees, random safety and health audits on plant and field operations, enforce companies disciplinary action program, audited sites to insure we are protecting the public with good general liability as well as theft prevention, worked with law enforcement in the event of theft, generated reports for the Kentucky Department for Environmental Protection Division of Waste Management and Division for Air Quality in accordance with state permits, managed hazardous waste activities, air sampling to insure we are within OSHA's Permissible Exposure Limits, ran the hearing conservation program, trained field, shop, and office personnel in red cross First Aid, CPR, and AED, taught OSHA 10 and 34 hour classes as an OSHA Outreach Instructor, forklift and aerial lift training. The Society for Protective Coatings (SSPC) C -3 certified for proper management of Lead based paint projects including rehab work and demolition, provided accident investigation and reported to upper management, managed and file workers compensation claims, limited lost time accidents with modified duties, study new practices and procedures to provide good Hazard Analysis, participated in OSHA open conference to minimi. citations and fines, was a voting member in American National 'Standards Institute (ANSI) Al 0 construction and demolition committee, authorized American Society of Mechanical Engineers (ASME) rigging trainer, developed and implemented competent rigger program, ran the companies drug and alcohol program, managed projects with the DOE and Army Corp of Engineers submitting required plans, procedures, and activity hazard analysis, keep those jobs in compliance with the EM385 manual, made all crane critical lift plans and manage these lifts to mitigate hazards including property damage. Also, I managed the safety coordinator in his daily duties and trained him in OSHA standards and compliance implementation. Our safety group monitored the safety and health of over 200 employees plus overseen and trained subcontractors. Sized and ordered cranes for major lifts, such and raising and lowering elevated water tanks. On site lift coordinator during tank railings and major modifications. Double checked all rigging for tank lifts prior to shackling the shockers to the tank to insure the proper capacity of each choker or sling. It was my job to make sure the increased load to the sling due to the sling angle was properly added and the sling would have the ability to safely handle the maximum intended load. Phoenix - Pittsburg Elevated: Sebree, KY: April 2006 -July 2007 Field Superintendent/project Manager- I overseen erection crews by scheduling cranes, keep a record of job cost, recorded all maintenance on field tools, scheduled safety training for all crew members, hired workers including foremen, traveled to job sites, proof read blueprints, scheduled x -rays, updating upper management of field progress, and kept daily contact with foremen on the job site. I also spoke with the customers to assure job quality for each job. Helped manage the erection of composite elevated water tanks that ranged in size from 1 to 2 million gallons. If there was a problem, it was my job to come up with solutions to ensure quality and production meet the requirements of the AWWA codes. Pittsburg Elevated: Sebree, KY: Feb.2002 -April 2006 Foreman- as a Foreman, I built both elevated leg tanks and spheres for this company with the use of derricks and cranes. My job responsibilities included safety, blueprint reading, job cost and productivity, scheduling, time sheets, ft the steel tank together per AW'WA D -100 Standards, erected derricks with the use of large hydraulic cranes. As a foreman I also maintained crew morale and kept good customer relations. Caldwell Tanks: Louisville, KY: July 1999 -Feb. 2002 Pusher As a pusher (assistant foreman) for Caldwell, we built anywhere from 50,000 to a million gallon water towers and water spheres. On these tanks it was my responsibility to erect and rig the derrick, erect and fit steel, while assuring quality and safety. I also directed the crew on their daily responsibilities and reported to the foreman. • :Brown Steel: Newnan, GA: Dec. 1997 -July 1999 Welder/Pusher- Started as a welder building elevated water storage tanks. I was promoted to pusher within eight months. As a pusher, I fit the steel, rigged the derricks, and assured quality and safety on the job site. Collin Signs: Dothan, AL: July 1996 -Nov. 1997 Welder /Operator for computerized cutting table- This was a major sign company. I ran the steel department on the Might shift. This involved running the torch and plasma cutting table and assembling the pipes and welding with flux core. EDUCATION • I continue my education as a safety professional through accredited organizations. +� Completed the MACE program Wallace Community College: Dothan, AL: Welding Certificate • Enterprise High School: Enterprise, AL.: Welding program, received scholarship for trade school SPECIAL SKILLS • Foreman of the Year for building elevated water storage tanks including raising tanks o Built Elevated water towers full time in the field for 10 years o I have been in the water tower industry for 19 years • Numerous recommendation letters from customers • Raise and lower existing water towers. * Saint John, IN - Raised a 1 MG Sphere a Pleasant Prairie, WI - Lowered a 300K Sphere * Holioman AFB, NM - Complete Container Replacement a Nashville, TN Ford Glass plant - Container replacement * Wagner, SC - Raise a 250K Elevated o Mississippi -Lowered a 1(i0K Elevated o Grand Rapids, MN - Jacked an Elevated Tank 50' with Hydraulic Jacks o Troy, MO - Raised a 500K Elevated * Leachville, AR --- Raise a 200K Elevated a Put -In -Bay, OH - Raised a 200K Sphere o Hassel, NC - Raised a 250K Elevated a Richland, MS - Raise a 150K Elevated 4 Mark, IL - Build a 50K Sphere on the ground and raised in one piece a Ft. Wayne, IN - Raised a 500K Elevated • Computer training } Red Cross instructor OSHA recognized trainer for 10 and 30 hour courses • Instructor for fork lifts and aerial lifts • Crane operator • Good people skills, able to keep crew morale high • SSPC C -3 certified • NACE I certified + ASME recognized rigging trainer • Developing Power Point Presentations • Excellent presenter and trainer • Management skills Lector Monclova Field Superintendent/Foreman 5500 Watermelon Road Northport, AL 35473 205- 754 -0444 Summary Hector has worked as a painter, sandblaster, foreman and field superintendent for the last 18 years. He has worked as in water tank renovation for the past 3 years. He has performed above expectations in all positions that he has held while with Tank pro, Inc. He understands how to complete projects on time and with the highest quality. Experience 2013 - present Tank 'Pro, INC Field Superintendent Abrasive Blast and paint Interior and Exterior Surfaces of Elevated and Ground Storage Tanks ranging in size from 50,000 - 2,000,000 1995 -2013 Bridge Blasting and Painting Field Superintendent Abrasive Blast and paint Steel Bridge Components using Containment, In charge of Safety and Quaiity Assurance and Quality Control (QAQC) ;Sample ref 1'a st Projects while with Tank pro. More can be provided if needed; ^.T Alabaster, AL Blast and Recoat Interior & Exterior with Containment Tunica, MS Blast and Recoat Interior & Exterior with Containment First Utility of Hawkins Co., TN Interior Renovation September 7, 2017 City of Schertz, TX 55W Wi[c dun Rd. Narchpom Alabama 35673 P.D. Bo%2669 • T4 ndaosa, Alabama 35603 Piton= (205) 750 -04" + 180 621 -9096 Fm- (205) 756 -6664 • m ih nmkpra0w.kprnirac.nwrn EXPERIENCE ON PUBLIC PROTECTS The attached items are provided in response to RFCSP Section VI Item B — Experience on Public Projects. R64st A V.P. of Operations References for City of Schertx, TX Project Title: Volunteer Drive Water Storage Tank Rehabilitation (full interior and exterior renovation on a SOOK ELI= with lead abatement and repairs) Owners Name: Paris Board of Public Utilities, TN Engineer: Michael McClure Engineer's Telephone Number: 615- 254 -6002 Contract Amount: $419,946 Date Started: May 2016 Project Title: Jacksonville Water Storage Tank Rehabilitation (full interior and exterior renovation of a 200K ELE with lead abatement and repairs) Owners Name: North Shelby Water Company, KY Engineer: Lee Mudd Engineer's Telephone Number: 502 - 839 -1310 Contract Amount; $287,774 Date Started: October 2016 Project Title: Campbell Street Water Tank Rehabilitation (blast and paint exterior of 1MG elevated tank) Owner's Name: City of LaGrange Engineer: John Sims (retired) Engineer's Telephone Number: 770 -422 -1902 Contract Amount: $469,407 Date Started: December 2015 Project Title: Highway 80 500,000 Gallon Elevated Storage Tank Reconditioning and Misc Repairs (full interior and exterior renovation on a 500K ELE with containment and repairs) Owners Name: Alabaster Water Board, AL Engineer: Jason Dearing Engineer's Telephone Number: 2.05 -987 -7411 Contract Amount: $421,058 Date Started: January 2017 Project Title: Water Storage Tank Rehabilitation (interior and exterior rehabilitation with major repairs on 500K elevated tank) Owners Name: City of Taft, TX Engineer: hector Castaneda, Engineer Engineer's Telephone Number: 361- 883 -1984 Contract Amount: $195,856 Date Started: November 2015 Project Title: Elevated Water Storage Tank Rehabilitation (interior and exterior rehabilitation with major welding repairs on 100K elevated tanks) Owner Name: Kenedy County, TX Engineer: Hector Castaneda, Engineer Engineer's Telephone Number, 361 - 883 -1984 Contract Amount: $252,395 Date Started: January 2016 Project Name: Watkins Street Elevated Tank Painting Project (interior and exterior rehabilitation with containment and repairs on a 400K elevated tank) Owner Name: City of Luling, TX Contact Person: Mark Mayo, City Manager Telephone Number: 830 - 875 -2481 Contract Amount: $285,492 Date Started: October 2012 Project Name: Water Tank Maintenance and Improvements (rehabilitation and repairs to 6 tanks) Owners Name: Unified Government of Athens - Clarke County Engineer: Alan Bowling Engineer's Telephone Number: 678- 530 -4802 Contract Amount: $158,832 Date Started. August 2014 Project Title: Tank #1 'Freeway Lane Painting and Repairs (interior and exterior of 250K ELE with repairs) Owners Name: Mobile County Water, Sewer & Fire Protection Authority, AL Engineer: Chapman Technical Service Engineers Telephone Number: 251 - 442 -5911 Contract. Amount: $290,789 Date Started: November 2016 Mobile County Water Freeway Lane Tank TANK; PRO, INC. REFERENCE LIST States in Alphabetical Order: AL, FL, GA, KY, MS, OK, TN, TX ALABAMA Athens Utilities, AL Contact - Brian Daniel Phone -- (256) 497 -7856 Description - 2MG Exterior Renovation Price - $83,392 Completion Date - 2013 Description - Exterior Renovation of 750,000 Tank Prue - $133,593 Completion Date - 2015 Bay Minette Utilities, AL Contact - Jason Padgett Phone - (251) 580 -1626 Description -- Lead Containment of a 1 MG ELE, 1.5MG Hydopillar, 750K ELE, 500K ELE, 200K ELE 8r 250,000 ELE Price - total est. $487,615 Completion Date - 2007 -2016 City of Brewton AL {Contact Ray Madden Phone - (251) 809 -1780 Description - Full Containment and Renovation of a 250 K Elevated Water Tank Price - $234,000.00 Completion Date - 2010 Coast Guard Station, Mobile, AL Contact - C. Michael Hudson, Project Manager Phone - (251) 441 -6884 Description 350,000 Ground Storage Tank Interior Only Renovation and Cathodic Replacement Price -- $ 69,000 Completion Date - 2012 City of Cullman, AL Contact - Junior Heaton Phone- (256) 775 -7210 Description - Lead Abatement and Renovation of 2 Tanks: 1 -3 Million Gallon Ground Storage Tank 1 -2 Million Gallon Hydropillar Price - $ 650,000 Completion Date - 2048 City of Daleville, AL Contact — David Hicks Phone — (334) 585 -5841 Description - Repair and Repaint 500,000 Elevated Water Tank with containment Price - $211,724 Completion Date - 2012 Florala, AL Contact -- Chris Jackson Phone - (334) 858 -6722 Description - Exterior Renovation of 300,000 Elevated Water Tank Price - $40,543 Completion Date - 2013 Green Pond Water System, AL Contact - Bart Taft Phone -- (256) 248 -7030 Description - Renovate Interior & Exterior of 200,000 Elevated Water Tank Price - $157,899 Completion Date - 2412 Harvest Monrovia Water Authorijy, AL Contact - Roger Raby Phone - (256) 837 -1 132 Description -- Maintenance, Renovation and Painting of 8 Tanks: 2 -3,000 Gallon Pressure Tanks 1- 25,000 Gallon Storage Tank 1- 350,000 Gallon Ground Storage Tank 1- 500,000 Gallon Storage Tank 1- 650,000 Gallon. Ground Storage Tank 2 -3 Million Gallon Storage Tanks Price - $ 600,040 Completion Date - 2003- current Hollins Water Authority, AL Contact - Hugh Scroggins Phone - (256) 249 -4014 Description -Interior Renovation l OOK Ground Water Storage Tank Price - $34,426 Completion Date - 2016 City of Huntsville, AL Contact - Jason Benson Phone - (256) 652 -8377 Description - Lead Abatement 1 Million Gallon, 900,000 GST & 200,000 Elevated Containment Price - $600,000 Completion Date - 2007 City ofMoundville, AL Contact - Robert Nichols Phone - (205) 331 -2498 Description -- Repair and Repaint a 350K and 500K Water Tank Price - $271,987 Completion Date - 2012 City of Opark, AL +Contact- Joe Sexton Phone - (334) 774 -2336 Description - Maintenance and Rehabilitation of three (3) 250K Elevated water tanks Price - $ Completion Date - current FLORIDA East Milton Water System, FL Contact - Dlnk Helms Phone - (850) 850 -8750 Description - Rehabilitation of 500K ELE Water Tank #4 Price - $102,280 Completion Date - 2006 City of Lake City, FL Contact - Debbie Garbett Phone - (386) 719 -5756 Description - Renovation of 500K Elevated Water Tank Price - $174,000 Completion Date - 2002 Moore Creek -Mt, Carmel Water Utilities, FL Contact - Becky Prescott Phone - (850) 675 -6174 Description -Interior Rehabilitation of 1 OOK Tripod Water Tank Price - $27.015 Completion Date - 2016 Change County Board of Commissioners, FL Contact - Jim Hill Phone — (407) 836 -6906 Description Exterior Renovation of 750K Hydropillar Price - $75,470 Completion Date — 2004 GEORGIA Athens - Clarke Co., GA. Contact — L. Gary Duck Phone — (706) 613 -3470 Description — Repaint Exterior 500K Elevated Water Storage Tank Price - $82,083 Completion Date - 2014 Butts Co., GA Contact - Marcie Seleb Phone - (770) 775 -0042 Description -- Repair and Repaint a i MG Ground Water Storage Tank Price - $191,127 Completion Date --- 2012 City of East Point, GA Contact - Richard Randolph Phone -- (404) 270 -7121 Description - Repair and Repaint a IMG ELE & IMG Sphere water storage tank. Price - $91.0,091 Completion Bate - 2012 City a f Jenkinsburg, GA. Contact - Clair Jones Phone - (770) 775 -4850 Description - Maintenance and Rehabilitation of 60,000 ELE water tower Price - $75,460 Completion Date - current City of Kingsland, GA Contact — Chuck Dubose Phone - (912) 729 -5613 Description - Maintenance of (2) 500K. and 750K Elevated water tanks Price - program Completion Date — current City of Lyons, GA Contact — Jason Hall Phone — (912) 526 -8606 Description — Maintenance and Rehabilitation of three (3) 250K Elevated water tanks Price — $544,77+6 Completion Date — current City of Lakeland, GA Contact — Mayor Bill Darcey Rhone — (22 9) 482. -3100 Description — Full Containment and Renovation of Two (2) 200K Elevated Water Tanks Price - $340,542 Completion Date — 2009 City o, f Nahunta, GA Contact - Thomas Wirth Phone - (912) 462 -5631 Description - Rehabilitation of 150K Elevated Water Tank Price — $199,950 Completion Date — 2014 KANSAS City qf Olathe, KS" Contact — Sabrina Parker Phone — (913) 971 -9116 Description — Blast & Recoat Interior & Exterior of 1.5MG Standpipe with two logos Price - $545,535 Completion Date — 2016 KENTUCKY Winchester Municipal Utilities, KY Contact — Eddie Hightower Phone — (859) 744-5434 ext. 1145 Description — Clean and Recoat Interior & Exterior of 500K Elevated Water Tank with containment Price - $651,929 Completion Date — 2012 Northern Kentucky Water District, KY Contact --- Don Bezold, Burgess & Niple Phone — (513) 579 -0042 Description -- 300,000 Paint & Install Riser Pipe with containment Price - $391,928 Completion Date — 2014 City of Bay Springs, MS Contact — Kenneth Blakeney Phone -- (601) 764 -4112 Description - Renovation of a 300,000 Elevated Water Tank Price - $147,089 Completion Date — 2012 City of Durant, MS Contact - Mr. Holman Phone — (601) 940 -0249 Description- Painting, Lead Abatement, and Repair of a 250,000 Gallon Elevated Tank wlcontainment Price - $ 169,935 Completion Date — 2012 City of Horn Lake, MS Contact — Spencer Shields Phone — (662) 342 -4505 Description — Maintenance, Renovation and Painting of S Tanks: 1- 75,000 Gallon Elevated Water Tank 1400,000 Gal lon Elevated Water Tank. 1- 300,000 Gallon Elevated Water Tank 1 -1 MG Hydropillar Water Tank Price - $750,000 Keesler AFB. MS Contact — Katie Fulford Phone — (228) 377 -3706 Cell- (228) 229 -5233 Description — Renovation of #4 & #6 400,000 Elevated Tanks Price - $966,252 Completion Date — 2013/2014 Town of Kilmichael, MS Contact - Stanley Spradling Phone - (662) 494 -7101 Description - Repair, Cleaning, and Repair of a 100,000 Elevated Water Tank Price $149,987 Completion Date - 2012 City of Kossuth, MS Contact - Mark Weeden Phone - (662) 842 -7381 Description - Repair and Repaint of a 150,000 Elevated Water Tank Price - $203,942 Completion Date - 2012 Pearl River Community College, PIES Contact - Roger Knight Phone - (601) 403 -1159 Description - renovation of a 75,000 Pedi- sphere water tank Price - $174,897 Completion Date - 2012 City of Port Gibson, M'S Contact - Raymond Coleman Phone - (601) 259 -5842 Description - Clean & Coat Interior & Exterior of 200K and 250K elevated water tanks Price - $435,037 Completion Date - 2015 Town of Raleigh, MS Contact - Michael Thorton Phone - (601) 782 -4672 Description - Rehabilitation of 200K Elevated Water Tank Price - $91,060.00 Completion Date -- 2004 City of Southaven, MS Contact - Ray Humphrey Phone - (662) 796 -2492 Description -16 year Maintenance and Rehabilitation of (5) 500,000 Gallon Water Tanks Price - $1.2 Completion Date - current OKLAHOMA Broken Bow Public Works Authority, OK Contact -- Gary Swift Phone - (580) 584 -3407 Engineer - Stewart Nolan Phone - (501) 831 -9908 Description - Repair and Repaint a 250,000 Elevated Water Tank Price - $187_,716 Completion Bate - 2010 City of Clinton, OK Contact - Arnold Adams Phone - (580) 323 -0217 Description - Rehabilitation of a 300,000 Elevated Water Tank Price - $91,139 Completion Date - 2011 City of Collinsville, OK Contact - Don Phifer Phone - (918) 744 -0190 Description Interior Clean & Paint of a 500,000 Elevated Tank Price - $+61,623 Completion Date - 2013 City of Guymon, OK Contact - Patrick camas Phone - (405) 755 -5325 Description - Interior & Exterior Coating of a l MG Water Tank Price $200,008 Completion Date - 2013 TENNESSEE City of Bolivar, TN Contact - Robert Stigall, Engineer Phone - (616) 460 -7515 Description - Lead Abatement 300,000 & 500,000 Elevated With Containment Price - $385,000.00 Completion Date - 2006 Cleveland Utilities, TN Contact — Philip Luce Phone — (423) 478 -9388 Description Rehabilitate and Recoat of 3MG Water Storage Tank Price - $524,195 Completion Date — 2012 TEXAS City of Dayton, TX Contact — David Douglas Phone — (93 6) 258 -2642 Description 500,000 Gallon EIevated Int. & Ext. With Repairs Price -- $448,997 Completion Date — 2009 City of Driscoll, TX Contact — John Walls Phone — (3 61) 779 -5646 Description —Exterior Painting of 1 00,000 Elevated water storage tank Price — $37,553 Completion Date -- 2016 Glenn Heights, TX Contact — Larry Pennington Phone — (972) 274 - 5100 Description — 1 Million Gallon GST Int. Reno & Ext. Spot Paint Price — $162,246 Completion Date — 2008 Hughes Springs, TX Contact — George Fifte Phone — (903) 639 -7519 Description — 500,000 Gallon Elevated Int. & Ext. Repaint With Repairs Price — $:242,260 Completion Date — 2008 Point Comfort, TX Contact -- Rhonda Roberts Phone — (361) 987 -2661 Description - 100,000 Gallon Elevated Int. & Ext. With Containment Price — $217,772 Completion Date — 2008 City of Poth, TX Contact Kenneth Griffin Phone — (830) 484 -2000 Description -- 150,000 Gallon Sphere Int. & Ext. Repaint Price — $89,721 Completion Date — 2011 Texas Dept. of Criminal Justice Contact — Doris Covington Phone — (936) 437 -7114 Description — 150,000 Gallen Elevated Int. & Ext. With Repairs Price — $144,650 Completion Date — 2009 Texas Parks & Wildlife Dept. Contact — Cindy Holmes Phone — (817) 822 -4889 Description — Clean, Repair, & Refinish (2) 100K Double Ellipsoid 'ranks Price -- $294,141 Completion Date — 2015 Wichita Falls, TX Contact — Jason Spencer Phone — (940) 636 -1273 Description —1 Million Gallon Elevated Int. & Ext. With Containment Price - $455,760 Completion Date — 200E Luling, TX Contact — Bobby Berger Phone — (830) 875 -2481 Description — interior and exterior rehabilitation of 400,000 Elevated with special design paint Price — $285,492 Completion Date — 2013 \ A J City Of Taft, TX Contact — Hector Castaneda, Engineer Phan — (361) 883 -1984 Description — 500,000 Gallon Elevated. Int. & Ext. With Major Welding Repairs Price — $368,534 Completion Date — 2016 Phillip Charles Stearrnan 5500 Watermelon Road Northport, Alabama 35473 2051750 -0444 hi l l i _ :idankproinc.com Summary Proficient in planning and motivating employees, organized and efficient with 24 years experience in business and industry. I believe that my attitude and my desire to provide excellent service both during a sale and after has been the key to my success. Employees and customers by nature want to feel appreciated and it is my mission to make sure this is achieved. Representative Accomplishments • Started Tank Pro, Inc. in 1991 with $5,000 and currently have sales in excess of $8,000,000 serving the southwest and eastern United States. • Consistent track record of completing projects on time. • Tank Pro, Inc, develops proactive solutions to identify potential problems or delays with projects thus preventing them before they occur. • Tank Pro, Inc. initially was an unknown company and today we are rated among the very best, one of three companies in the southeastern United States who are invited to develop perpetual care water tank maintenance programs for municipal and county water systems. Cost Management Work History Tank Pro, Inc., Tuscaloosa, AL 1991 - Present $8. OM corporation specializing in municipal water tank painting, preventive maintenance programs and repairs. Chief Executive Office responsible for complete operations of the company. Education and Licensure B.A. Management, Marshall University, Huntington, West Virginia — 1986 Trained by National Association of Corrosion Engineers (MACE) in Houston, Texas. Successfully completed levels 1, 1I, &.1I1. Robert E. Anderson 245 -534 -1844 SUMMARY 1 am a Vice President of Operations with a diverse background in the Water Tank Industry. I bring with me knowledge of the tank building including hands on experience building tanks, modifying existing tanks such as raising and lowering, major repairs such as riser replacements, and the ability to lead all projects involving water tanks. I have experience as a Field Foreman and Safety Manager giving me the knowledge to understand production, quality, and safety. Starting as a welder, I have worked my way up through the ranks to become a Vice President. In doing this, I have learned many solutions to problems and safety standards. This is important to have for the field crews as well as for customers_ EXPERIENCE • Tank Pro: Tuscaloosa, AL: December 2010 -- Present Vice President of Operations — Plan and coordinate all tank raising operations, oversee all field painting, crews by working with the project managers on scheduling projects, keep a record of j ob cost, record all maintenance on field tools, schedule safety training for all crew members, hire workers including foremen, travel to job sites, schedule x -rays, updating upper management of field progress, and keeping daily contact with foremen on the job site. I also speak with the customers to assure job quality for each job. If there is a problem, it is my jab to come up with solutions to ensure quality and production meet the requirements of the A W WA codes. I also manage our 'Welding crew that performs major tank modifications and work with our Engineer for project calculations. Phoenix Fabricators and Erectors: Avon, IN: July 2007 - December 2010 Safety Manager- I trained all employees working with the company in the 1926 and 1910 standards upon their pre - employment and annually, perform weekly safety meetings which includes building and delivering power point presentations, maintain records of training for both shop and field employees, random safety and health audits on plant and field operations, enforce companies disciplinary action program, audited sites to insure we are protecting the public with good general liability as well as theft prevention, worked with law enforcement in the event of theft, generated reports for the Kentucky Department for Environmental Protection Division of Waste Management and Division for Air Quality in accordance with state permits, managed hazardous waste activities, air sampling to insure we are within OSHA's Permissible Exposure Limits, ran the hearing conservation program, trained field, shop, and office personnel in red cross First Aid, CPR., and AED, taught OSHA 10 and 30 hour classes as an OSHA Outreach Instructor, forklift and aerial lift training. The Society for Protective Coatings (SSPC) C -3 certified for proper management of Lead based paint projects including rehab work and demolition, provided accident investigation and reported to upper management, managed and file workers compensation claims, limited lost time accidents with modified duties, study new practices and procedures to provide good Hazard Analysis, participated in OSHA open conference to minimize citations and fines, was a voting member in ,American National Standards Institute (ANSI) A10 construction and demolition committee, authorized American Society of Mechanical Engineers (ASME) rigging trainer, developed and implemented competent rigger program, ran the companies drug and alcohol program., managed projects with the DOE and Army Corp of Engineers submitting required plans, procedures, and activity hazard analysis, keep those jobs in compliance with the EM385 manual, made all crane critical lift plans and manage these lifts to mitigate hazards including property damage. Also, I managed the safety coordinator in his daily duties and trained him in OSHA standards and compliance implementation. Our safety group monitored the safety and health of over 200 employees plus overseen and trained subcontractors. Sized and ordered cranes for major lifts, such and raising and lowering elevated water tanks. On site lift coordinator during tank raisings and major modifications. Double checked all rigging for tank lifts prior to shackling the chockers to the tank to insure the proper capacity of each choker or sling. It was my job to make sure the increased load to the sling due to the sling angle was properly added and the sling would have the ability to safely handle the maximum intended load. • Phoenix- Pittsburg Elevated: Sebree, KY: April 2006 -July 2007 Field Superintendent/project Manager- I overseen erection crews by scheduling cranes, keep a record of job cost, recorded all maintenance on field tools, scheduled safety training for all crew members, hired workers including foremen, traveled to job sites, proofread blueprints, scheduled x -rays, updating upper management of field progress, and kept daily contact with foremen on the job site. I also spoke with the customers to assure job quality for each job. Helped manage the erection of composite elevated water tanks that ranged in size from 1 to 2 million gallons. If there was a problem, it was my job to come up with solutions to ensure quality and production meet the requirements of the AWWA codes. ■ Pittsburg Elevated: Sebree, KY: Feb.2002 -April 2006 Foreman- as a Foreman, I built both elevated leg tanks and spheres for this company with the use of derricks and cranes. My job responsibilities included safety, blueprint reading, job cost and productivity, scheduling, time sheets, fit the steel tank together per AWWA D -100 Standards, erected derricks with the use of large hydraulic cranes. As a foreman I also maintained crew morale and kept good customer relations_ • Caldwell Tanks: Louisville, KY: July 1999 -Feb. 2002 Pusher - As a pusher (assistant foreman) for Caldwell, we built anywhere from 50,000 to a million gallon water towers and water spheres. On these tanks it was my responsibility to erect and rig the derrick, erect and fit steel, while assuring quality and safety, I also directed the crew on their daily responsibilities and reported to the foreman. * Brown Steel: Newnan, GA: Dec. 1997 -July 1999 Welder /Pusher- Started as a welder building elevated water storage tanks. I was promoted to pusher within eight months. As a pusher, I fit the steel, rigged the derricks, and assured quality and safety on the job site. * Collin Signs: Dothan, AL: July 1995 -Nov. 1997 Welder /Operator for computerized cutting table- This was a major sign company. I ran the steel department on the night shift. This involved running the torch and plasma cutting table and assembling the pipes and welding with flux core_ EDCICAMN • I continue my education as a safety professional through accredited organizations. • Completed the NACE program * Wallace Community College: Dothan, AL: Welding Certificate • Enterprise High School: Enterprise, AL: Welding program, received scholarship for trade school SPECIAL SKILLS ■ Foreman of the Year for building elevated water storage tanks including raising tank 5 • Built Elevated water towers full time in the field for 10 years • I have been in the water tower industry for 19 years ■ Numerous recommendation letters from customers • Raise and lower existing water towers. o Saint John, IN — Raised a I MG Sphere o Pleasant Prairie, WI — Lowered a 300K Sphere o Holloman AFB, NM — Complete Container Replacement o Nashville, TN Ford Glass plant --- Container replacement o Wagner, SC — Raise a 250K Elevated o Mississippi — Lowered a 100K Elevated o Grand Rapids, MN — Jacked an Elevated Tank 50' with Hydraulic Jacks o Tray, MO -- Raised a 500K Elevated o Leachville, AR — Raise a 200K Elevated o Put -In -Bay, OH — Raised a 200K Sphere o Hassel, NC — Raised a 250K Elevated o Richland, MS — Raise a 150K Elevated o Mark, IL — Build a 50K Sphere on the ground and raised in one piece o Ft. Wayne, IN -- Raised a 500K Elevated ■ Computer training • Red Cross instructor ■ OSHA recognized trainer for 10 and 30 hour courses • Instructor for fork lids and aerial lifts ■ Crane operator ■ Good people skills, able to keep crew morale high • SSPC C -3 certified ■ NACE I certified • ASME recognized rigging trainer * Developing Power Point Presentations +� Excellent presenter and trainer ■ Management skills Hector Monclova Meld Superintendent/Foreman 5500 Watermelon Road Northport, AL 35473 205-750 -0444 Summary Hector has worked as a painter, sandblaster, foreman and field superintendent for the last 18 years. He has worked as in water tank renovation for the past 3 years. He has performed above expectations in all positions that he has held while with Tank Fro, Inc. He understands how to complete projects on time and with the highest quality. Experience 20113- present Tank Pro, INC Field Superintendent Abrasive Blast and paint Interior and Exterior Surfaces of Elevated and Ground Storage Tanks ranging in size from 50,000 — 2.000,000 1995 -2013 Bridge Blasting and Painting Field Superintendent Abrasive Blast and paint Steel Bridge Components using Containment, In charge of Safety and Quality Assurance and Quality Control(QAQC) Sample of fast Projects white with Tank Pro. More can be provided if needed: Alabaster; AL Blast and Recoat Interior & Exterior with Containment Tunica, MS Blast and Recoat Interior & Exterior with Containtrtent First Utility of Hawkins Co., TN Interior Renovation September 7, 2017 City of Schertz, TX �AIYK�I�QTilA1G� 5500 Waturaelon Rd. Northport, Alabama 35473 P.U. box 2669 -Tuscaloosa, A3 ■bam0. 35403 Phone (205) 750 -0444 • 1 &M 621 -61396 Fa= (205) 750 -0464 + email: unkpro( t4.1,pminc wm CORPORATE HISTORY AND STABILITY The attached items are provided in response to R1iCSP Section V1 Item D — Corporate History and Stability. Items included are: Qualification Statement with References. R6nt ears V.P. oCOperation:s WATER STORAGE TANK QUALIFICATION STATEMENT CITY OF SCHERTZ, TX SEPTEMBER 7, 2017 TANK PRO, INC. Tank r • i • & lI(j P Fxpezience Statement Tank Pro, Inc., headquartered in Tuscaloosa, Alabama, was first organized in 1991 for the purpose of providing cleaning, painting and repairs to elevated and ground storage water tanks throughout the Southeastern United States. To assist in the evaluation of our Company, we are also providing a brief introduction page, references, a listing of key personnel, principals and a brochure describing the various services we provide. INTRODUMON This Maintenance Program Proposal has been prepared by T4NKPRO, INC for TANK PRO, INC. is headquartered in Tuscaloosa, Alabama. Our Alabama General Contractor's License number is 21899. We are authorized to perform painting/maintenance of water tanks, lead abatement and work incidental thereto with a total bid amount of $3,000,000 per job. TANK PRO, INC. is bonded by International Fidelity Insurance Company and we bank with John Lollar at Robertson Banking. You can reach Mr. Lollar at (205) 469 -4972. Our total line of credit exceeds $1,000,000. Phillip Steacmari, President, heads the Company. The principal graduated from Marshall University in Huntington, West Virginia with a Bachelor ofBusiness Administration. He has 32 years' experience in the water tank. industry. The Principal has completed sessions L Il & III in NACE.. MACE is an international training and certification program. Tank Pm, Int.'s reputation in the industry can be confirmed by calling the attached refemices. TAAW PRO, EVG currendy has TENT (10) full service ice crews available to perform major cleaning and painting projects, routine maintenance and inspections for the +City of Dothan, A.L. TANK PRO,17VC is qualified/licensed in the following states: Alabama, Borgia. Mississippi Florida, Tennessee, North Carolina, South Carolina, Kentucky, Texas and Illinois. TANK PRO, IM, like other successful companies, has a pffiTwy goal. Our goal is to k-eate satisfied clients. Throughout our company's history clients have provided us three important mans why they bike doing business with TAAW PRO LVC; The masons provided to us have been: (1) We always do what we have told our clients at a Ur price. (2) Our production on a job to job basis exceeds industry standards. We do extra work/quality control to provide a better job. An in -horse MACE trained inspector inspects all work dome by T,AArKPRO, INC A properly tamed Representative ofTtfNKPRO, M will perform this service on the water tanks. (3) We stand behind our work - ifwe Crake a mistake - we correct it. The purr that knows how to handle a problem is usually the person that gains a lifebme Wit. We care about all of our clients and know this is the one reason, we have been successful to date and will continue to do so in the future. We Lake pride in giving personal appreciation to each of our clients on a regular basis. INDUSTRY AFFMA"FIONS T4AWPRO, M is proudly affiliated with the following Associations and Orgmizatioms: Alabama League of Municipalities (ALM) Alabama Rural Water Assma on (ARWA) American Water Wodks Association (AW WA) Asweiation of County Commissions of Alabama (ACCA) Florida League of Cities, Inc. (F'LC) Florida Rural Water Associations (FRWA) Gem& Municipal Associations (GMA) Georgia Rural Water A ,miatioms (GRWA) MiSSU%W Municipal Lague OXVI .) Mississippi Rural Water Association (MRWA) Mississippi Water and Pollution Control (MWPC) Municipal Association ofSouth Carolina (fvMC) National Association ofConosion En&meas (NACE) National Sanitalion Foundation (NSF) Society for Protective C+oafiw (SSPC) Tee Municipal Lmgue (T W) Tmit--we Utility Division (TUD) PROFESSIONAL REFERENCES The following supplim "uld also be contacted to confirm TANK PRO, Ina Is mk raft and ability to perforrn the wont specified: Tnemec Robert C:rtr nb augh PairA Supplier (205) 873 -:—?)34 Mobile Abntsive KellySerd Sand Supplier (251) 694 -W23 Specialty Sand Sheen a Bauer Sand Supplier (800) 603 -9553 The Smw&,, company .Iay Stalvey Sand Supplier (800) 230 -SAND Coo .hdy Reed Sand Blast Equipment (888)772-3726 Sherwin Wi llia nos kchie Bates Paint EquiMent (334) 774 -691.5 STATEMENT OF EXPERIENCE The key individuals below have experience in managernent� production, accounting,, customer relations. sales. advertising, law and office inanagenietiL safety, rip in& containment, painting, welding and sandblasting. Name Years of Cxnerier ;ee Category Phillip Stearrrian 32 M- anagenieilUS'A( `] rodW60Iv' �ty/NAC'E Robert Anderson 20 VP PmxIwtioiVSales/ /Safety,'NACE James Fischer to VP Sales James RoUins 15 ManagenvnI/NXlr>epi(x/Satety Kevin Vann 5 Managcnient/l'rt)ductionlSafety John St Tian 49 Manzi erncnLNal&Pi oduction Brenda Stearnian 35 Accounting/Management Traci Stemman 18 Adwitising,'Custonler Relations Betty Hubbett 4$ Office Mainagem -= Custonwr Relations Angela Whitson 15 Accounting Cynthia Dailey 6 Accounting- Angie Cheek 6 Bid Prouss Coordinator JU.sica Howard 2 Bid Process Assi�t Bill Prosser 23 Area Mare Monte Lund 21 Production: Manager Saul Romero 17 Production Manager Juan Flores 19 Prodmlion. Marker Bemard Glazier 20 Luspections/Quafity Control Garry Dickey 20 Water Tank Maintenance/Modifications Andrew Romer 3 Water Tank Mairrten`srx:e/Mcxhfivatioris .Frmrnie Flam5 22 lrrspcctis tWOuality Corrtral Tim Donovan, Jr. 14 Logo Desigier Lloyd Sims 24 NACU Celli ied hT ertor Grady Williams 30 Logistics Manager° Jerry Harbin 12 Logistics Manager Please see attached reference letters. BOARD OF PUBLIC UTILITIES 117 E. Washington - P0_ Box 460 • Faris, Tennessee 38242 • Phone 791 -642 -1322 • FAX 731- 642 -1713 January 10, 2017 To Wham It May Concern: RE. Tank Pro reference Parr Board of Public Utilities awarded Tank Pro, Northport, Alabama, the contract for the Volunteer Drive Water Storage Tanis Rehabilitation project. The project included sandblasting and painting of both the interior and exterior of the tank. mead abatement of the exterior surface was also perforated. Minor repairs and lighting/electrical work associated with illumination of the tank were also part of the contract. Tank Pro was on the water tank site from May 2016 through early September 2015. BPU found Tank Pro personnel to be cordial and cooperative. The work performed was high quality and was completed within the allotted tirnef=rame despite dealing with a rainy summer. To my knowledge, there were no failed inspections throughout the contract. Overall, our experience with Tank Pro was positive. Feel free to contact me with any questions you may have. Regards. r Terry G utiberley General Manager JA COBS' January 11, 2417 Mr, Robert Anderson Vice President of Operations Tank Pro, Inc 5500 Watermelon Road Northport, Alabama 35473 Subject: Reference Tank Pro, Inc. Northport, Alabarna To Whom It May Concern Tank Pro. Inc. provided painting and rehabilitation construction services on a 500,000 gallon elevated water storage tank located in Paris, Tennessee for which I served as construction manager The project consisted of sandblasting and recreating the exterior and interior of the tank and making repairs on the tank. Tank Pro, Inc. performed the scope of the project in a professional and timely manner, completing the project on time and within budget. If Tank 'Pro. Inc. were the low bidder on a similar project, I could recommend award of the contract to them. Sincerely. JACOBS ENGINEERING GROUP, INC. Michael McClure Senior Project Designer TOWN OF EXCEL OFFICE" OF THE MAYOR P.4, BOX 369 EXCEL, ALABAMA 36439 JENNY COUNTRYMAN LORETTA BRADLEY MAYOR CLERK January 18, 2017 To Whom it May Concern RE, Tank Pro reference The Town of Excel awarded Tank Pro, Northport, Alabama, the maintenance contract for our tanks. The project included sandblasting and painting of both interior and exterior of the tank. Tank pro was on the tank site from January 3, 2017 until January 18, 2017. Excel Water System found Tank Pro's personnel to be cordial and cooperative. The work performed was high quality and was completed within the allotted time frame. To my knowledge, there were no failed inspections throughout the contract. Overall, our experience with Tank Pro was positive. Feet free to contact me with any questions you may have R rds, - Jenn ountr Rn yor Y y Y HEFLIN ENGINEERING, INC. CONSULTING ENGINEERS P. O. Box 47 Brandon, Mississippi 39043 -0047 601- 824 -7569 1 -840- 535 -8276 May 4, 2417 RE: Tank Pro, Inc. Gentlemen: This letter is written to offer a recommendation of Tank Pro, Inc, (TPI). We have recently worked with TPI on a tank raising project for the Town of Sylvarena, MS. My firm, Heflin Engineering,was in charge of the specifications, bid process, and were overall contract representative for the project, including all field inspections. The scope of work was to raise an existing elevated water tower 36 feet. TPI's scope of work included complete project design, submittals, foundation review, field erection, painting, and disinfection. Robert Anderson (TPI's primary contact and project manager) requested the tank to be drained on March 16, 2017. TPI's crew mobilized on March 17"' to start the field work. The mobile hydraulic cranes mobilized on March 23`d and TPI raised the tank. on March 241h. I was personally on site during the raise and witnessed the elevated tank being hoisted and the new 36- foot extensions being set into place. The detailed planning in safety and production was evident on this day. Robert Anderson and his team exceeded all of our expectations_ Following the tank raising,TPI worked diligently to complete the welding and painting of the new 36 -foot extension. The tank was ready for disinfection by April Yd. TPI's commitment to the project and skilled work force limited the down time of the elevated water tank beyond our expectations. I would recommend TPI for any water tank modification project, which includes tank raising. Their knowledge of water towers, cranes and site safety make them qualified in my opinion. If you have any questions about this letter or the tank raising project, please feel free to call me. Heflin Engineering liugLi@heflinengineering.com 601- 824 -7569 VA Monarch Engineering, Inc. January 10, 2017 RE; Tank Pro, Inc. Letter of Deference To Whom It May Concern: The purpose of this letter is for a business recommendation for Tank Pro, Inc. We are currently working on a project with Tank Pro, Inc. and the North Shelby Water Company. This project is for rehabilitation of the Jacksonville Water Storage Tank located in Bagdad, KY. The work is being done on a 200,000 gallon elevated tank and the scope of work is for blasting and painting the interior and exterior of the tank with lead abatement, containment, and mirror repairs. We have been working with Robert Anderson, Vice President of Operations, and his staff on this project and have found there to be both professional and very knowledgeable. Their performance continues to meet or exceed our expectations. Although the project is not completed due to weather, we are satisfied with their duality and professionalism. It has been a pleasure working with them, and we would recommend them for projects in the future. Should you require additional information or wish to further discuss my experience with Tank Pro, Inc., please feel free to contact me either by phone or e -mail. Sincerely, (' Lee Mudd, P.E. J Project Engineer hnudd(@monarcliengineeri�i� .net 5,56 Carlton Dr - Lawrenceburg. Ky. 40,542 - -502-839-13, 11) - Fax 502-8-39-1373) FbBERmoN BANKING COMPANY January 30, 2017 Re: Tank Pro, Inc. 5500 Watermelon Road Northport, AL 35,473 To Wham It May Concern: t:, W Robertson Banking Company has enjoyed a favorable banking relationship with Tank Pro, Inc, since 2414. Multiple loans have been extended to Tank Pro, Inc. and all loan payments have been paid timely. In addition to the loan relationship, Tank Pro, Inc. maintains excellent deposit accounts with Robertson Banking Company. Pending receipt of current financial information from Tank Pro, Inc., Robertson Banking Company would look favorably on future loan requests, Tank Pro, Inc, and its owner Phillip Stearman are considered valued customers of Robertson Banking Company. Should you need additional information, please contact me at (205) 459 -4972. Sincerely IJx- r Lollar City President 9 B35 McFarland Blvd. North, Tuscaloosa, Alabama 35406 • Phone: (205) 469 --4960 • Fax: (245) 469 -4959 www. robe rtso nba n k i ng . co m ANEMIC COMPANY INCORPORATED 6806 Corporate Drive Kansas ttiy, MO 64120.1312 tEL• 616.483 -3400 FAR: 816.3264296 www.lnemic.com January 9, X017 To- Whom it Pvlav Concern Tnemec Company, Inc. has enjoyed the pleasure of wotkutg evid-r out valued customer J'aak Prey over the last 21 years. They have an excellent pay piston- reflecting continuously- prompt Erayment. 4. T -heir recent high credit has been S270,000-00 and their average annual purchase over the iam three years has been over One hiiilion dollars. We look forward to continuing this relationship inter the future- ,Sincerely. -1 N[CC C 1�.i% Y. INC. clt_ Paula justice Credit llnat yst 6800 Crarporare Dr. j Kansas City NIO 64120 -t372 Tel- 816 -326 -4205 1 lax: 816 -326 -4296 justicCOH- Inernccxon>, ZyS,v►r .tnem� .^nm I 1► ,`� �' ► January 1. 2017 Phillip Stearman Tank Pro, Inc. 5500 Watermelon Road Northport, AL 35473 Dear Mr. Stearman: In an effort to bear witness to your credit with our company, we hereby certify your account its being in good standing. All payments to our company for services rendered to you have been prompt, and we look forward to serving your future blasting needs. If I can be of further assistance, feel free to call me at (251 ) 594 -0024, Ext. 4. Sincerely. Matthew E. Serda CFO 6927 Mac Nve Theodore, AL 36582 Phone: 251- 694 -0023 Fax: 251 -694 -7943 mattserda s�mobileabrasives: cram www.mobiteabrasives.com �jL 1 SF. i. January 9, 2015 Safety Environmental Laboratories and Consulting, Inc. P. 0, Box 2948 Mow 205- 823w67W Enwtnntnental. Health, and Sa lely SUh VW3 Pelham AL 35124 Fax' 20&823 -W" Subject: Tank Pro, Inc, RO. Box 2569 Tuscaloosa, AL 35403 To Whom It May Concern: Safety Environmental Laboratories and Consulting, Inc. (SELC) has been doing business with Tank Pro, Inc. (TPI) for many years. TPI is a valued customer with an impeccable record for paying all invoices within the terms set forth by the accounting department at SELL. During the last several years, TPI has become one of our largest accounts, sending samples to SELC for analysis on a weekly basis. SELL would highly recommend TPI for any credit limit they are requesting. We completely trust them in our working relationship. Safety Environmental Laboratories and Consulting, Inc. are pleased to have provided you with these services. if you have any questions concerning this information, please feel free to contact me at (205) 823 -6200. Sincerely, Brad Stiles, CIEC Director of Operations 1 Senior Project Manager Certified Indoor Environmental Consultant #1203095 Page 1 33 September 7, 2017 City of Schertz, TX raNrc pRO m a 5500 5'A'mffmdoa Rd. Northpom Alabama 35473 P.4. Box 2669 - TuacW"sa, Alabama 35403 P6o - (205) 750 -0444 - l Us 621 -RM Fact (245) 750 -644S4 • r alb tmkproC±te kpro:ay vom AVAILABLE RESOURCES TO COMPLETE PROJECT The attached items are provided in response to RECSP Section VI Item C — Available Resources to Complete Project. Items included are: Equipment Letter; resumes of Phillip Stearman, Robert Anderson, and Hector Monclova; Job Hazard Analysis sheet; and Example of methodologies. _R A"40%4" V.P. of Operations September 6, 2017 City of Schertz, TX [ K�ROIIIYC� 55M WawmclGa Rd Norahpom Alabama 35473 P.0 Om 2669 Tuscaloosa, Ah&ma 35443 Phut=n(cc205)) 75&N44 as. 1988 621 -U% F= (205) 730-0464 - -l: amkpro@4znkprainQ 6m1 RF: EQUIPMENT LETTER. Please find a list of Tank Pro available equipment for use on this water tank painting project. Tank Pro, Inc. has been in business for over 25 years and we renovate and recondition water tanks exclusively. Tank Pro owns all of the equipment required to perform the work on the water storage tank project. AIR. COMPRESSORS: (9) Sullivan- Palatek 900CFM or (8) Sullair 185CFM AIR DRYERS: Schmidt 1600CFM After - Cooler BLAST POTS: Schmidt 8 ton bulk pots or Key 8 ton bulk pots PAINT PUMPS: Graco 56 :1 Airless pumps or WIWA 56 :1 Airless Pumps STAGING: Aluminum Stage and motors CONTAINMENT: Fully enclosed system (similar to Tee -Pee by Eagle Industries) All of our blasting equipment is permanently affixed to a 48' flat bed trailer. We are self contained and self sufficient. All of our equipment is maintained and updated as new technology and safety devices are made available. Thank you, V.P, of Operations Phillip Charles Stearman 5500 Watermelon Road Northport, Alabama 35473 2051753 -0444 hilli tankproinc.com Summary Proficient in planning and motivating employees, organized and efficient with 24 years experience in business and industry. I believe that my attitude and my desire to provide excellent service both during a sale and after has been the key to my success. Employees and customers by nature want to feel appreciated and it is my mission to make sure this is achieved. Representative Accomplishments • Started Tank Pro, Inc_. in 1991 with $5,004 and currently have sales in excess of $8,000,000 serving the southwest and eastern United States. • Consistent track record of completing projects on time. • Tank Pro, Inc. develops proactive solutions to identify potential problems or delays with projects thus preventing them before they occur. • Tank Pro, Inc. initially was an unknown company and today we are rated among the very best, one of three companies in the southeastern United States who are invited to develop perpetual care water tank maintenance programs for municipal and county water systems. Cost Management Work History Tank Pro, Inc., Tuscaloosa, AL 1991- Present S8, OM corporation specializing in municipal water tank painting, preventive maintenance programs and repairs. Chief Executive Office responsible for complete operations of the company. Education and Licensure B.A. Management, Marshall University, Huntington, West Virginia --1986 Trained by National Association of Corrosion Engineers (NACE) in Houston, Texas. Successfully completed levels I, II, & Ili. Robert E. Anderson 205- 534 -1544 SUMMARY I am a Vice President of Operations with a diverse background in the Water Tank Industry. I bring with me knowledge of the tank building including hands on experience building tanks, modifying existing tanks such as raising and lowering, major repairs such as riser replacements, and the ability to lead all projects involving water tanks. I have experience as a Field. Foreman and Safety Manager giving me the knowledge to understand production, quality, and safety. Starting as a welder, I have worked my way up through the ranks to become a Vice President. In doing this, I have learned many solutions to problems and safety standards. This is important to have for the field crews as well as for customers. EXPERIENCE • Tank Pro: Tuscaloosa, AL: December 2014 — Present Vice President of Operations — Plan and coordinate all tank raising operations, oversee all field painting crews by working with the project managers on scheduling projects, keep a record of job cost, record all maintenance on field tools, schedule safety training for all crew members, hire workers including foremen, travel to job sites, schedule x -rays, updating upper management of field progress, and keeping daily contact with foremen on the job site. I also speak with the customers to assure job quality for each job. If there is a problem, it is my job to come up with solutions to ensure quality and production meet the requirements of the AW WA codes. I also manage our Welding crew that performs major tank modifications and work with our Engineer for project calculations. • Phoenix Fabricators and Erectors: Avon, IN: July 2007 - December 2014 Safety Manager - I trained all employees working with the company in the 1926 and 1910 standards upon their pre - employment and annually, perform weekly safety meetings which includes building and delivering power point presentations, maintain records of training for both shop and field employees, random safety and health audits on plant and field operations, enforce companies disciplinary action program, audited sites to insure we are protecting the public with good general liability as well as theft prevention, worked with law enforcement in the event of theft, generated reports for the Kentucky Department for Environmental Protection Division of Waste Management and Division for Air [duality in accordance with state permits, managed hazardous waste activities, air sampling to insure we are within OSHA's Permissible Exposure Limits, ran the hearing conservation program, trained field, shop, and office personnel in red cross First Aid, CPR, and AED, taught OSHA 10 and 30 hour classes as an OSHA Outreach Instructor, forklift and aerial lift training. The Society for Protective Coatings (SSPC) C -3 certified for proper management of Lead based paint projects including rehab work and demolition., provided accident investigation and reported to upper management, managed and file workers compensation claims, limited lost time accidents with modified duties, study new practices and procedures to provide good Hazard Analysis, participated in OSHA open conference to minimize citations and fines, was a voting member in American National Standards Institute (ANSI) A10 construction and demolition committee, authorized American. Society of Mechanical Engineers (ASME) rigging trainer, developed and implemented competent rigger program, ran the companies drug and alcohol program, managed projects with the DOE and Army Corp of Engineers submitting required plans, procedures, and activity hazard analysis, keep those jobs in compliance with the EM395 manual, made all crane critical lift plans and manage these lifts to mitigate hazards including property damage. Also, I managed the safety coordinator in his daily duties and trained him in OSHA standards and compliance implementation. Our safety group monitored the safety and health of over 200 employees plus overseen and trained subcontractors. Sized and ordered cranes for major lifts, such and raising and lowering elevated water tanks. On site lift coordinator during tank raisings and major modifications. Double checked all rigging for tank lifts prior to shackling the chockers to the tank to insure the proper capacity of each choker or sling. It was my job to make sure the increased load to the sling due to the sling angle was properly added and the sling would have the ability to safely handle the maximum intended load. Phoenix- Pittsburg Elevated: Sebree, KY: April 2006 -July 2007 Field Superintendent/project Manager- I overseen erection crews by scheduling cranes, keep a record of job cost, recorded all maintenance on field tools, scheduled safety training for all crew members, hired workers including foremen, traveled to job sites, proof read blueprints, scheduled x -rays, updating upper management of field progress, and kept daily contact with foremen on the job site. l also spoke with the customers to assure job quality for each job. Helped manage the erection of composite elevated water tanks that ranged in size from 1 to 2 million gallons. If there was a problem, it was my job to come up with solutions to ensure quality and production meet the requirements of the AWWA codes. Pittsburg Elevated: Sebree, KY: Feb.2002 -April 2006 Foreman- as a Foreman, I built both elevated leg tanks and spheres for this company with the use of derricks and cranes. My job responsibilities included safety, blueprint reacting, job cost and productivity, scheduling, time sheets, fit the steel tank together per AWWA D -100 Standards, erected derricks with the use of large hydraulic cranes. As a foreman I also maintained crew morale and kept good customer relations. • Caldwell Tanks: Louisville, ICY: July 1999 -Feb. 2002 Pusher- As a pusher (assistant foreman) for Caldwell, we built anywhere from 50,000 to a million gallon water towers and water spheres. On these tanks it was my responsibility to erect and rig the derrick, erect and fit steel, while assuring quality and safety. I also directed the crew on their daily responsibilities and reported to the foreman. • Brown Steel: Newnan, GA: Dec. 1997 -July 1999 Welder/Pusher- Started as a welder building elevated water storage tanks. I was promoted to pusher within eight months. As a pusher, I fit the steel, rigged the derricks, and assured quality and safety on the job site. • Collin Signs: Dothan, AL: July 1996 -Nov. 1997 Welder /Operator for computerized cutting table - This was a major sign company. I ran the steel department on the night shift. This involved running the torch and plasma cutting table and assembling the pipes and welding with flux core. EDUCATION * 1 continue my education as a safety professional through accredited organizations. * Completed the MACE program • Wallace Community College: Dothan, AL: Welding Certificate • Enterprise High School: Enterprise, AL: Welding program, received scholarship for trade school SPECIAL SKILLS • Foreman of the Year for building elevated water storage tanks including raising tanks o Built Elevated water towers full time in the field for 10 years o I have been in the water tower industry for 19 years • Numerous recommendation letters from customers • Raise and lower existing water towers. o Saint John, IN — Raised a 1MG Sphere o Pleasant Prairie, WI — Lowered a 300K Sphere o Holloman AFB, NM — Complete Container Replacement o Nashville, TN Ford Glass plant — Container replacement o Wagner, SC — Raise a 250K Elevated o Mississippi —Lowered a I00K Elevated o Grand Rapids, MN — Jacked an Elevated Tank 50' with Hydraulic Jacks o Troy, MO — Raised a 500K Elevated o Leachville, AR — Raise a 200K Elevated o Put -In -Bay, OH — Raised a 200K Sphere o Hassel, NC — Raised a 250K Elevated o Richland, MS — Raise a 150K Elevated o Mark, IL -- Build a 50K Sphere on the ground and raised in one piece o Ft Wayne, IN — Raised a 500K Elevated • Computer training ■ Red Cross instructor ■ OSHA recognized trainer for 10 and 30 hour courses ■ Instructor for fork lifts and aerial lifts ■ Crane operator ■ Good people skills, able to keep crew morale high • SSPC C -3 certified • NACE I certified ■ ASME recognized rigging trainer • Developing Power Point Presentations • Excellent presenter and trainer ■ Management skills Hector Monclova Field Superintendent/Foreman 5500 Watermelon Road Northport, AL, 35473 245- 754 -0444 Summary Hector has worked as a painter, sandblaster, foreman and field superintendent for the last 18 years. He has worked as in water tank renovation for the past 3 years. He has performed above expectations in all positions that he has held while with Tank Pro, Inc. He understands how to complete projects on time and with the highest quality. Experience 2093 - present Tank Pro, INC Fkd d &gmr1intendent Abrasive Blast and paint Interior and Exterior Surfaces of Elevated and Ground Storage Tanks ranging in size from 50,000 - 2,000,000 1995 -2013 Bridge Blasting and Fainting Field Superintemkot Abrasive Blast and paint Steel Bridge Components using Containment, In charge of Safety and Quality Assurance and Quality Control(QAQC) Sample of Past Projects while with Tank Fro. More can he provided if needed: -- _ _. Alabaster, AL Blast and Recoat interior & Exterior with Containment Tunica, MS Blast and Recoat Interior & Exterior with Containment First Utility of Hawkins Co., TN interior Renovation JOB HAZARD JOB: Se hertz, TIC DATE: 911117 Page of NEW ANALYSIS _1 1 2 pages REVISED otV Prepared for: CSP-5 V1. C - Supervisor: Hector Analyzed By: Judy Espey 500K Elevated Approved by Activity Director/ Manager: ApproNN al Signature: "-'7 ,�- Robert Anderson -'-- - Recommended Personal Protective Equipment: PFAS, Respirator, Long Sleeve Shirts, Jeans, Safety Glasses, Gloves, Hard Hats, Hearing Protection, Work Boots SEQUENCE OF BASIC JOB STEPS POTENTIAL HAZARDS RECOMMENDED ACTION OR PROCEDURE Use of Suspended Scaffold Slips, trips and fails PFAS, Handrails, Safety Harnesses, Keeping scaffolding clean and organized to prevent trips, slips. Test the suspended scaffolding to Two times the maximum intended load [job materials can be secured to the stage and used to test the equipment), Working at heights and climbing ladders Falling Material, Slips, trips, and falls Maintain 304% tie off protected by guard rail, keeping surfaces clean & neat, inspect and use PFAS daily. Anchor points shall support 50001bs per person. Do not carry items while climbing, maintain 3 points of contact while climbing ladders, do not climb ladders with wet paint on them, hard hats Abrasive Blasting Respiratory Hazard, Excessive Noise, Wear supplied air hoods that are monitored for Cot and filtered, safety glasses, hearing Eye Irritants, personal injury rotection, protective clothing, work boots, follow confined space requirements Lifting objects Sprains and Strains Use the "team" lift procedures when lifting over 501bs, lift with your legs and keep you back straight General Painting Slips, trips and falls, respiratory hazard. Follow manufacturer's msds, train crew on msds, do not walk on wet paint, use eye irritants, excessive compressor respiratory protection as recommended by msds and indicated by working area, i.e. noise, exposure to paints and solvents painting interior confined space vs. painting exterior open air, protective clothing, Painting in a confined space Paint fumes could introduce a hazardous Have msds for all materials used and review ,PPE requirements, monitor the air with a atmosphere. 4:1 confined space monitor, use forced air ventilation, have a hole watch if the space is i.e. oxygen deficiency and exceeding the determined to be a permit required confined space, if conditions worsen, the bole watch L,EL shall summons the crew out of the tank, follow the steps on the confined space entry permit, }asst the permit in a conspicuous location, in the event on a confined space emergency notify 911 right away; do not attempt resuce Ground operations Slips, trips and falls, falling objects, eye Keep site clean, neat and organized, use of hard hat, use of safety glasses and hearing irritants, excessive noise, general public protection, and other required PPE determined by the task, post signs to warn the Public of hazards and not entering the site. Hand Tools Electrocution, shock Use GFCI on all l 101120v connections, report any faulty electrical items to supervisor and electrician, cut power to electrical items and remove from site if defective, do not work on electrical items in water, use double insulated tools or grounded tools Augering holes in ground for containment Underground utilities, slips, nips and Call 811 to get utilities marked and keep holes covered until filled falls Fires, explosions, and fumes Fire extinguishers, keep away from hot work, keep well ventilated, have msds on site Flammable Storage for all products Welding 8_ Grinding Burns, falling material, fires, fumes, Protective clothing, hard hats, keep away from flammable materials, fire extinguishers, flying material/debris eye protection, hearing protection. Review MSDS Sheets on material used for respiratory rotection and additional PPE that may be required. Air Lines glowing hoses, loose connections, Keep equipment inspected and maintained, wire connections to prevent separation, use struck by hoses whip checks, supper[ the weight of heavy hoses Before returning to work, this ]SA shall he reviewed and all crew members shall be trained on the hazards and how to prevent the hazards. Following these steps is important for the safety and health of every person. By signing below, you acknowledge that you understand the material. Name Date Name Date Name Date Name Date Name Date Name Date Ex"It p� 1ht+hoaolaj►e: �t � 1�' FG SP- 5 1/I. G Mobile Area Water 8c Sewer PAINTING OF 500,000 GALLON ELEVATED ON SCHILLINGER RD MOBILE, ALABAMA PREPARED FOR Tank Pro Inc System WATER TANK EDWARD CHAPMAN, PE MarchJ� ©r c h 2 1 s t f 2017 5556 7th Street. Satsuma, AL 36572 of L. 251 -442 -5911 t O ^^ 'lip .... s0ti, Ii ELEVATION VIEW NOT1S- I TANK PRO, IN L. will utilize an L% trigger & cable supported corilairmuml with a hoisting sym m to ci mpima all work can the :SIX]JIIXI gallsxa elevated water srorar lank located in Mobile County. AL IM161A. 2. Tito PROPOSL• -Li containment system is coniptiscd to s a:ries of tuhulm steel outriggers and vortical cahlm to support a mowublc Iarpaulin nrrelr%l re which is ho'esl*d up to the top of Litt can k. In Lbc event of irxdemCnt weather, the Commnrrtty syslum has the capability of Ixing raised andlor kiwered in apprux 15 min. 3. AppAot (,WI aluminum 1 -Mirn autriggerc comprised of RI h long secriom will he wailed to the upper portion of the lank shell at 5, -5" +/- inrcrvaly and will be Itxa lei :ikutg the touter edge of the Lank n f. The actual number of outriggers installud may vary ad lung as the spacings dot mg exceed b' A steel support k4rki (cahic tree) will )ir: cnaXed abrrve the existing marrway andA +r roof v'c tit al ibc r Vmriwr of She tank shell. The cable irce will be the crnl4Y asix r4orlt thru which all .wationazy A buisting cables will puss. Uv"Fplatets will he welled Lv the upper tank shell, to which the legs of the cable true will be bolted. Refer to drawing 4 of 4 for the desigft and assembly of the center cable support and stand cnttriegus. d. The support system for the tarpaulin sidewallS will i-tnwisr at a series of Aaliorrary 5176" diamcier steel cables ekkgriding from the eabim tnx. thru the cods of the outriggers and down to grunt where each cable will be anchored using steel augers. These anicentiric cables will pion idu uniform support around the attire circrtmicrnn x Ai the cable rrcc. Eliminating the potential for failure of the cable true during full Itmding. 5. One hri -mong cable per outrigger arm,, will tea: card lu raise and lower the containment curtain ant and the trunk. The hunting cables well he S416" diameter steel riles having o nominal breaking strength Of 4.5 lours. Based on the cinwamftmcce of the proposed containment, each arable will be nutted to hoist iesc [ban ?" Ihs {appox. l,0tlf1 Sy. Fl. of tarpaulin ki 0.10 PSF + 5ft miscellaneous). 6, fetch hoWmg sable will begin it the top of the lurpaulin curtain. pass up thru the pulleys as the ends of flit upper nutriggcrs pit" thru the Nnawli- blocks around the perirnctcr err the cable lwv� and continue dotwo into the interior of the tank thin lilt rn nwav Imide too tank shell. the ho tiling cables will be fastened to a mile I" dim cholera, which is lined to a mawh -black on the main hoisting systcm 7. Ilse train hoisting ."ern will he comprised of a 5.1" dia. cubic passing Lhru (3) 8 -LPn rated snatch nr td snatch -hkxks located au the kws., of the dse:r. An air- trptrated or elecxnc winds kK.-ateed directly outside of the c tainm4nr ad grade will he used to raise- and Inwer ohc rmlirc cnn[airtmont curtain- 8 11w conrainmont will he created of I Ili impermeable. light -Irum me.+aive, fire- racistsna tarpaulins. Adjaccni tarpaulin pnnoLs will be permanently attached with snap rtlnnn_tom through overlapping grommets. A minimum 17" caw clap will he toed hrowts ri tarpaulin pancks. ELEVATION DRAWING EDWARD CHAPMAN, PE 5556 7TH STREET, SATSUMA AL 36572 251-442-5911 Mobile Area Water tit Sewer System 500,000 CALLON ELEVATED WATER STORAGE TANK CONTAINMENT PLAN CONTRACTOR, 1ANK PRO, INC. PA.P-: 03-21 -17 f3RA+WNG NUMBER 2 of 5 � ,1`�ri't rte llr,yr +a i PLAN VIEW NOTES: 9. Tht: entire Hoerr area within talc main lank vwlusure will he mvcrcd with heavy-duty uirpaulinw and/or visquern. ",r n quircd, nc� boar: nr the vents] tarpeol in walla will be sealcd ammuld rho perimeter of slit conwimuent usirrg sandbag% or similar weighrt IQ- Upon campleiion of ail work, Will otnrlgpprt and vatrlc true will he rLmoves from the tank. 11 In the event of a f9iloru of the cnmainmem system, all abets {+:c hlaxting c perario m will he immediately rw"adcd, and the cause of the failure will ter idcntilicd and repaitcd prior to resuming woo k. l y fn tadnr to determine the maximum allowable wind speed for wh" the eaisting crnply tank can adaquafcJy support under full containmem. total wind head artalyses was performed. Thu rank was anxlyxed fnr aver running. and shear by etwnparing the 9mumed original design wino] speed of 12U -mph wind on the lank itself vetws the wind velocity on r6c entire rnNainmurr ""I. 13. The renal is of the oral ysix ind itucd that the maximum daticipated shear and mtmtent itnpwod on the lank during 25 mph wind under full contttinmcm are whxtstuiatly L% than tltc txfginal design "$roar and rn mtent of the misting tank sit -Wtne. and thus tha ctiAing mak is deemed capable of supporting the car tnintnanr. without adverse effect.. 14 to order to pruveat damage andlor failure of the tarpaulin conteimndni sysitm, the maximum wind vekcity utaler which abrasive blatiting will he perfwn" will not owed ?ll mph. in the event wind apceeds near or excoed 2i mph, the abrasive blasting operadom will be sugcn" and the coruainment .'unain will he lowered to grade. 15 The tank shed has not treon arutlyxui for lkvml failure due to the ouwiggLa Ifwding, welding ov loads imptmcd by build up of Spent abr- asivea. The Lontractur will he rtsputn&We- for tmwing if nmvmiary ander the atble tree. PLAN DRAWING EDWARD CHAPMAN, PE 5556 7TH STREET. SATSUMA AL 3£572 251— 442-5911 Mobile Area Water & Sewer System 500,000 GALLON ELEVATED WATER STORAGE TANK CONTAINMENT FLAN CONTRACTOR: TANK PRO, INC. DATE: 03 -21 -17 DR7AIMNG NUMBER 3 of 6 1 J_ _ — 1 G BASE PLATE ABLE TREE DETAIL TYPE 1 /, 'W I a TRI POD LEG 1. All hww Malcle[01 Dap, a"I "Will Putt. &%in F.* N f"lithm) wVih mieienum PY-46 eed F-38 LW I. whir II.W.J pes+hgl -dem +v A,'S'1`M A"L. wilk. a.wM Fre:Ohad (71ha.1W edp"MxmY —fi—. ASIM A)I+ oilh a'iriiw weF ,M 3 All baba N he ASttM XVi & eil Mrm*d W& N b. A_%6 henleml her I tle mad .00 aat# eel i All-Ad, 4Ml he mm k l h' MW.- I— whe.ninea .d Slat F.W.dim end ilaallmiem ah0 —" b the AISC eeaeeh al amel oewrnpen °hh di — a All caking xNll t prrtoealeJ by a cenif d wrkik & iM— 'M AWS am l—I wad'se !ljeYlea eai alaljr r� ttlatlal: O DETAILS 1 -- - EDWARD CHAPMAN, PE 5556 7TH STREET, SATSUMA AL 36572 2-51- 442 -5911 Mobile Area Water & Sewer System 500.000 GALLON ELEVATED WATER ` . STORAGE TANK CONTAINMENT PLAN BASE PLATE CONTRACTOR: TANK PRO, INC. DATE: 43- 21 -17� 'DRAWNG NUMBER 4 of 6 SECTION A -A r ,7 SECTION B -B r' ` 1 7 V,-;"" 71�! .. '.' .. SECTION C- C - ._... -.... _..---- - --- - -- --- -. - - -- ..._ _ - -_ .........___«_____-_-_-- C --------------------- - - - - -- - - - - -- — _------ - - - - -- _ -------------- - -- __ -_ ___ -_ _____________ O �1 OUTRIGGER OUTRIGGER LUG r - - DETAILS 2 ' EDWARD CHAPMAN, PE 5556 7TH STREET, SATSUMA AL 35572 251-442-5911 Mobile Area Water & Sewer Sys tern 500,000 GALLON ELEVATED WATER STORAGE TANK CONTAINMENT FLAN COLLETION TOWER TYPE 1 CONTRACTOR: TANK INC_ DATE: D3 -21 -17 10RAWING NUMBER 5 of 6 CABLE TREE DETAIL TYPE 2 41' 36" 20" 14 fff �1111f e111 ��e E COLLETION TOWER TYPE 2 DETAILS 3 EDWARD CHAPMAN, PE 5556 7TH STREET, SATSUMA AL 36572 251- 442 -5911 Mobile Area Water & Sewer System 500,000 GALLON ELEVATED WATER STORAGE TANK CONTAINMENT PLAN CONTRACTOR: TANK PRO, INC. DATE: 43 -21 -T7 DRAWING NUMBER 6 of 6 City of Schertz Elevated Storage Tank Repainting_ 1. Complete the additional requirements of the Proposal which are included on the following pages. 2. Respondent must return pages CP -1 through CP -5 with this Proposal. Any and all Addenda which are issued by the City with appropriate signatures acknowledging receipt shall be attached to and made a part of this bid. 3. The Work included in this Proposal shall be Substantially Complete, as defined in the General Conditions within 120 calendar days from issuance of the Notice to Proceed. 401 u'1Y.1111410 Complete the additional requirements of the Proposal. All blanks must be filled in for the Proposal to be considered responsive, If a question is not applicable, put the words "not applicable" in the space provided. 1. What similar public works projects has your company completed? Owner Owner's Phone Number Project Description Date Completed Contract Amount The remainder of this page Is intentionally 'blank. CP - 4 Proposer's Signature References for City of Schertz, TX Project Title: Volunteer Drive Water Storage Tank Rehabilitation (full interior and exterior renovation on a 500K ELE with lead abatement and repairs) Owners Name: Paris Board of Public Utilities, TN Engineer: Michael McClure Engineer's Telephone Number: 615- 254 -6002 Contract Amount: $419,945 Date Started: May 2015 Project Title: Jacksonville Water Storage Tank Rehabilitation (full interior and exterior renovation of a 200K ELE with lead abatement and repairs) Owners Name: North Shelby Water Company, KY Engineer: Lee Mudd Engineer's Telephone Number: 542 -839 -1310 Contract Amount, $287,774 Date Started: October 2016 Project Title: Campbeil Street Water Tank Rehabilitation (blast and paint exterior of 1MG elevated tank) Owner's Name: City of LaGrange Engineer: John Sims (retired) Engineer's Telephone Number: 770 - 422 -1902 Contract Amount: $459,467 Date Started: December 2015 Project Title: Highway 80 500,000 Gallon Elevated Storage Tank Reconditioning and Misc Repairs (full interior and exterior renovation on a 500K ELE with containment and repairs) Owners Name: Alabaster Water Board, At Engineer: Jason Dearing Engineer's Telephone Number: 205 - 987 -7411 Contract Amount: $421,058 Date Started: January 2017 Project Title: Water Storage Tank Rehabilitation (interior and exterior rehabilitation with major repairs an 500K elevated tank) Owners Name: City of Taft, TX Engineer: Hector Castaneda, Engineer Engineer's Telephone Number: 361- 883 -1984 Contract Amount: $195,856 Date Started: November 2015 Project Title: Elevated Water Storage Tank Rehabilitation (interior and exterior rehabilitation with major welding repairs on 100K elevated tanks) Owner Name: Kenedy County, TX Engineer: Hector Castaneda, Engineer Engineer's Telephone Number: 361 -883 -1984 Contract Amount: $257,395 Date Started: January 2016 Project Name: Watkins Street Elevated Tank Painting Project (interior and exterior rehabilitation with containment and repairs on a 400K elevated tank) Owner Name: City of Luling, TX Contact Person: Mark Mayo, City Manager Telephone Number: 830 -875 -2481 Contract Amount: $285,492 Date Started: October 2012 Project Name: Water Tank Maintenance and Improvements (rehabilitation and repairs to 6 tanks) Owners Name: Unified Government of Athens- Clarke County Engineer: Alan Bowling Engineer's Telephone Number: 678 -530 -4802 Contract Amount: $158,832 Date Started: August 2014 Project Title: Tank #1 Freeway mane Painting and Repairs (interior and exterior of 250K ELE with repairs) Owners Name: Mobile County Water, Sewer & Fire Protection Authority, AL Engineer: Chapman Technical Service Engineer's Telephone Number: 251- 442 -5911 Contract Amount; $290,789 Date Started: November 2016 Mobile County Water Freeway Lane Tank TANK PRO, INC. REFERENCE LIST States in Alphabetical Order: AL, FL, GA, KY, M'S, OK, TN, TX niABnnia Athens Utilities, AL Contact - Brian Daniel Phone - (256) 497 -7856 Description - 2MG Exterior Renovation Price -.38.3,392 Completion Date - 2013 Description - Exterior Renovation of 750,000 Tank Price - $ 133,593 Completion Date - 2015 Bay Minette Utilities, AL Contact - Jason Padgett Phone - (251) 580 -1626 Description - Lead Containment of a 1 MG ELE, I -,5 MU Hydopillar, 750K ELE, 500K ELE, 200K ELE & 250,000 ELE Price - total est. $487;615 Completion Date - 2407 -2016 City o f Erewtan, AL Contact - Ray Madden Phone - (251) 809 -1780 Description - Full Containment and Renovation of a 254 K Elevated Water Tank Price - $234,000.40 Completion Date - 2010 Coast Guard Station, Mobile, AL Contact - C. Michael Hudson, Project .Manager Phone - (251) 441 -6884 Description -- 350,000 Ground Storage Tank Interior Only Renovation and Cathodic Replacement Price - $ 69,000 Completion Date - 2012 City of Cullman, AL Contact - Junior Heaton Phone- (256) 775 -7210 Description - Lead Abatement and Renovation of 2 Tanks= 1 -3 Million Gallon Ground Storage Tank 1 -2 Million Gallon Hydropillar Price - $ 650,000 Completion Date - 2008 City of Daleville, AL Contact - David Hicks Phone - (334) 585 -5841 Description - Repair and Repaint 500,000 Elevated Water Tank with containment Price - $211,724 Completion Date - 2412 Florala, AL Contact - Chris Jackson Phone - (334) 858 -6722 Description - Exterior Renovation of 300,000 Elevated 'Water Tank Price - $40,543 Completion Date 2013 Green Pond Water System, AL Contact - Bart Taft Phone - (256) 248 -7034 Description - Renovate Interior & Exterior of 200,000 Elevated Water Tank Price - $157,899 Completion Date - 2412 Harvest Monrovia Water Authority, AL Contact - Roger Raby Phone - (256) 837 -1132 Description - Maintenance, Renovation and Painting of 8 Tanks: 2- 3,400 Gallon Pressure Tanks 1- 25,000 Gallon Storage Tank 1- 350,000 Gallon Ground Storage Tank 1- 500,000 Gallon Storage Tank. 1- 650,000 Gallon Ground Storage Tank 2 -3 Million Gallon Storage Tanks Price - $ 600,0+00 Completion Date - 21303 - current Hollins Water Authority, AL Contact - Hugh Scroggins Phone - (256) 249 -4014 Description -Interior Renovation 140K Ground Water Storage Tank Price - $34,426 Completion Date - 2016 City of Huntsville, AL Contact - Jason Benson Phone - (256) 652-8377 Description Lead Abatement I Million Gallon, 900, 000 GST & 200,000 Elevated- Containment Price - $600,000 Completion Date - 2007 City of Moundville, AL Contact - Robert Nichols Phone - (205) 331 -2498 Description - Repair and Repaint a 350K and 500K Water Tank Price $271,987 Completion Date - 2012 City of Ozark, AL Contact -- Jae Sexton Phone - (334) 774 -2336 Description - Maintenance and Rehabilitation of three (3) 250K Elevated water tanks Price - $ Completion Date - current FLORIDA East Milton Water System, FL Contact - Dink Helms Phone - (850) 850 -8750 Description Rehabilitation of 500K ELE Water Tank #4 Price - $102,280 Completion Date - 2006 City o f Lake City, FL Contact - Debbie Garbett Phone - (386) 719 -5756 Description - Renovation of 500K Elevated Water Tank Price - $174,000 Completion Date - 2002 Moore Creek -Mt. Carmel Water Utilities, FL Contact - Becky Prescott Phone -- (850) 675 -6174 Description - Interior Rehabilitation of I OOK Tripod Water Tank. Price - $27,015 Completion Date - 2016 Orange County Board of Commissioners, FL Contact - Jim Hill Phone -(407) 836 -6906 Description - Exterior Renovation of 75OK Hydropillar Price - $78,470 Completion Date - 2004 GEORGIA Athens - Clarke Co,, GA Contact - L. Gary Duck Phone - (706) 613 -3470 Description - Repaint Exterior 500K Elevated 'Water Storage Tank Price - $82,083 Completion Date - 2014 Butts Co., GA Contact - Marcie Seleb Phone - (770) 775 -4042 Description - repair and Repaint a 1MG Ground Water Storage Tank Price $191,127 Completion Date - 2012 City of Dust Poirot, GA Contact -- Richard Randolph Phone -- (404) 270 -7121 Description - Repair and Repaint a 1MG ELE & 1 MG Sphere water storage tank Price - $910,091 Completion Date -- 2012 City ofJenkinsburg, GA Contact - Clair Jones Phone -- (770) 7754850 Description - Maintenance and Rehabilitation of 60,000 ELE water tower Price -- $75,460 Completion Date - current City of Kingsland, GA Contact - Chuck Dubose Phone - (912) 729 -5613 Description - Maintenance of (2) 500K and 750K Elevated water tanks Price - program Completion Date - current City of Lyons, GA Contact - Jason Hall Phone - (912) 526 -8606 Description - Maintenance and Rehabilitation of three (3) 250K Elevated water tanks Price - $544,776 Completion Date - current City of Lakeland, GA Contact -- Mayer Bill Darcey Phone - (229) 482 -3100 Description - Full Containment and Renovation of Two (2) 200K Elevated Water Tanks Price - $340,542 Completion Date - 2009 City of Nahunta, GA Contact - Thomas Wirth Phone - (912) 462 -5631 Description - Rehabilitation of 150K Elevated Water Tank Price - $199,954 Completion Date - 2014 KANSAS City of Olathe, KS Contact - Sabrina Parker Phone - (913) 971 -91.16 Description - Blast & Recoat Interior & Exterior of 1.5MG Standpipe with two logos Price - $S45,535 Completion Date - 2016 KENTUCKY Winchester Municipal Utilities, KY Contact - Eddie Hightower Phone - (859) 744-5434 ext. 1145 Description - Clean and Recoat Interior & Exterior of 500K Elevated Water Tank with containment Price - $651,929 Completion Date - 2012 Northern Kentucky Water District, KY Contact -- Don Bezold, Burgess & Niple Phone - (513) 579 -0+042 Description - 300,000 Paint & Install Riser Pipe with containment Price - $391,928 Completion Date - 2014 MISSISSIPPI City of Bay Springs, MS Contact -Kenneth Blakeney Phone - (601) 7644112 Description - Renovation of a 300,000 Elevated Water Tank Price - $147,089 Completion Date 2012 City of Durant, MS Contact - Mr. Holman Phone - (601) 940 -0249 Description - Painting, Lead Abatement, and Repair of a 250,000 Gallon Elevated Tank wlcontainment Price - $ 169,935 Completion Date - 2012 City of Horn Lake, 14S Contact - Spencer Shields Phone - (662) 342 -4505 .Description - Maintenance, Renovation and Painting of 8 Tanks: 1- 75,000 Gallon Elevated Water Tank 1- 140,000 Gallon Elevated Water Tank 1- 340,400 Gallon Elevated Water Tank 1 -1MG Hydropillar Water Tank Price - $750,000 Keesler AFB, AIS Contact - Katie Fulford Phone - (228) 377 -3706 Cell- (228) 229 -5233 Description - Renovation of #4 & #6 400,000 Elevated Tanks Price - $966,252 Completion Date - 201312014 Town of Kilmichael, MS Contact -- Stanley Spradling Phone - (662) 494 -7101 Description - Repair, Cleaning, and Repair of a 1 00,000 Elevated Water Tank Price - $149,987 Completion Date - 2012 City of Kossuth, MS Contact Mark Weeden Phone - (662) 842 -7381 Description -- Repair and Repaint of a 150,000 Elevated Water Tank Price - $203,942 Completion Date - 2012 Pearl River Community College, MS Contact - Roger Knight Phone - (601) 403 -1159 Description - renovation of a 75,000 Pedi- sphere water tank Price - $174,897 Completion Date - 2412 City of Part Gibson, MS Contact - Raymond Coleman Phone - (601) 259 -5842 Description - +Clean & Coat Interior & Exterior of 200K and 250K elevated water tanks Price - $435,037 Completion Date - 2015 Town of Raleigh, MS Contact - Michael Thorton Phone -- (601) 782 -4672 Description - Rehabilitation of 200K Elevated Water Tank Price - $91,060.00 Completion Date - 2004 City of Southaven, MS Contact - Ray Humphrey Phone - (662) 796 -2492 Description --16 year Maintenance and Rehabilitation of (5) 500,000 Gallon Water Tanks Prig - $1.2 {Completion Date - current OKLAHOMA Broken Bow Public Works Authority, OK Contact - Gary Swift Phone - (580) 584 -3407 Engineer - Stewart Nolan Phone - (501) 831 -9908 Description - Repair and Repaint a 250,000 Elevated Water Tank Price - $187,716 Completion Date - 2010 City of Clinton, OK Contact - Arnold Adams Phone - (580) 323 -0217 Description - Rehabilitation of a 300,000 Elevated Water Tank Price - $91,139 Completion Date - 2011 City of Collinsville, OK Contact - Don Phifer Phone - (918) 740 -0190 Description - Interior Clean & Paint of 500,000 Elevated. Tank Price - $61,623 Completion Date - 2013 City of Guymon, OK Contact - Patrick Barnas Phone - (405) 755 -5325 Description - interior & Exterior Coating of a 1MG Water Tank Price - $200,008 Completion Date - 2013 TENNESSEE City of Bol i var, TN Contact - Robert . Stigall, Engineer Phone - (616) 460 -7515 Description - Lead Abatement 300,000 & 500,000 Elevated With Containment Price - $386,000.00 Completion Date - 2006 Cleveland Utilities, TN Contact - Philip Lace Phone - (423) 478 -9388 Description - Rehabilitate and Recoat of 3MG Water Storage Tank Price - $524,195 Completion Date - 2012 TEXAS City of Dayton TX Contact - David Douglas Phone - (936) 258 -2642 Description - 500,000 Gallon Elevated Int. & Ext. With Repairs Price - $448,997 Completion Bate - 2009 City of Driscoll, TX Contact - John Valls Phone - (361) 779 -5646 Description - Exterior Painting of 100,000 Elevated water storage tank Price - $37,553 Completion Date - 2016 Glenn Heights, TX Contact - Larry Pennington Phone - (972) 274 -5100 Description -1 Million Gallon GST Int. Reno & Ext. Spot Paint Price - $162,246 Completion Date - 2008 Hughes Springs, TX Contact - George Fifte Phone - (903) 639 -7519 Description - 500,000 Gallon. Elevated Int. & Ext. Repaint With Repairs Price - $242,260 Completion Date --- 2008 Paint Comfort, TX Contact - Rhonda Roberts Phone - (361) 987 -2661 Description - 100,000 Gallon Elevated Int. & Ext. With Containment Price - $217,772 Completion Date - 2008 City of Patin, TX Contact Kenneth Grim Phone - (830) 484 -2000 Description - 150,000 Gallon Sphere Int. & Ext. Repaint Price - $89,721 Completion Date 2011 Texas Dept of Criminal Justice Contact - Doris Covington Phone - (936) 437 -7114 Description - 150,000 Gallon Elevated Int. & Ext. With Repairs Price - $144,650 Completion Date - 2009 Texas Parks & Wildlife Dept Contact - Cindy Holmes Phone - (817) 822-4889 Description - Clean, Repair, & Refinish (2) 1001 Double Ellipsoid Tanks Price - $294,141 Completion Date - 2015 Wichita Falls, TX Contact - Jason Spencer Phone - (940) 636 -1273 Description - 1 Million Gallon Elevated Int. & Ext. With Containment Price - $455,760 Completion Date 2006 Luling, TX Contact - Bobby Berger Phone - (830) 875 -2481 Description - interior and exterior rehabilitation of 400,000 Elevated with special design paint Price - $285,492 Completion Date - 2013 City of Taft, TV Contact — Hector Castaneda, Engineer Phone (361) 883 -1984 Description — 500,000 Galion. Elevated Int. & Ext. With Major Welding Repairs Price — $368,534 Completion Date 2016 Ac DATE (MMIDDNYYY� CERTIFICATE OF LIABILITY INSURANCE 9/1!2017 THIS CERTIFICATE IS 'ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 'WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate doses not confer rights to the certificate holder In liau of s ch endorsement(s). PRODUCER GOWTACT LIG,Y4i LC YI44,lr1fr rlaA 5010 1st St SE 319-366-2723 877-810-6374 Cedar Rapids IA 52406 ?Ivla IL certs@truenorthcompanies.com INSURERS AFFORDING COVERAGE NAIL INSURERA =Em to ers Mutual Casualty Company 21415 INSURED INSURER a,Rocithill Insurance Company 28053 Tank Pro Inc INSURER c.Texas Mutual Insurance Company 22945 5504 Watermelon Rd INSURER 0 -Westchester Surplus Lines insurance Company 14172 Northport AL 35473 INSURER E - INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIMS. INSR LTR TYPE OF INSURAILCE INSD YY1lD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMJD LIMITS A X COMMERCIAL GENERAL LIABILITY 5548049 511512077 5/1512616 DAMAI;-ET REI01513 —� CLAIMS -MATTE I X I OCCUR 4?R�f$✓ �LEa accurr�t:_ 3540,060. MED EXP {Any ono person) 510,000 _ PERSONAL tt. ADV INJURY $t,000,000 GEMLAGG.REGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,006 POLICY I:X:j !PER O LOC PRODUCTS - COMPIOP AGG S2,0100,000 OTHER: A AUTOMOBILE LIABILITY 5N14flQ49 5/2 617 5/1512018 irE LIMIT MirM $1,000,000 X ANY AUTO _ BODILY INJURY 'Par Person) _ $ SOOILY INJURY (Par accident) S AUTOSONLY IAALT S EO X AU oS ONLY X AUTOS ONLYY $ U UMBRELLAUAD X, OCCUR Fr01590401 711512017 5/1512018 EACH OCCURRENCE 55,000,000 AGGREGATE 55,000 „1160 X EXCESSLPAB CLAIMS-MACE DED , X I RETENTION SO 3 O WORKERS COMPENSATION AND EMPLOYER'S' LIABILITY Y i n ANY PROPRIFTORIPARTNERIEXECUTIWE OFFICERIMEMBER EXCLUPEq? ' N `A 0i11117i ?..I ?S e 1/8122017 118/2016 PER O A_ X TA E.L. EACH ACCIOE'NT _ $1,000,000 E L DISEASE - EA 1---MPLOYFC S1,000,000 /Mandatory In NH) W describe, under RIPTK7N OF OPERATIONS below E -L DISEASE -POLICY LIMIT 31,000,000 D A Contractors Pollution Inslallation Floater G2812336AO02 5P48049 5/1512017 5115/2017 511512018 5/1512018 $6,D00,000 $651,929 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEWCLES (ACORD 101, Additonat Remarks Schedule„ may be attached If more space Is required) Exciuded WC Officer. Phillip 5tearman If Yes is indicated above for add'I insd forms Gen Liab #CG7578 0515 (premises), #CG7174.3 1013 (completed operations), Auto Liab #CA7450 1115 applies. If Yes is indicated above for waiver of subrogation forms Gen Liab #CG7578 0515, Auto Liab #CA7450 1115_ Coverage is extended for work performed and required under written contract with the above named insured. Excess is fallowing farm per policy conditions, provision and exclusions. C-1yy Of Schertz 14017 Scflertz Parkway Scherlx TX 78154 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Au'rHORI2 D REPRESENTATIVE 6:z��t [71988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 {2016103} The ACORD name and loges are registered marks of ACORD SCHERTZ ELEVATED STORAGE TANK Item Value to Total Score 1 2 3 4 REPAINTING PROJECT #17- PW- 33 -C -03 Number Lowest Cost (Points x %) Total Base Cost Item .05 MMG .05 MMG Replacement of Removal of Lead Proposal Respondent Elevated Storage Elevated Storage Impacted Soil & o /0 45 Description Tank Interior Tank Exterior Vent Neck Testing CFG Industries, LLC. $ 90,000.00 $ 285,000.00 $ 4,000.00 $ 45,000.00 $ 424,000.00 80.19% 36.08 D &M Tank, LLC. $ 115,500.00 $ 255,000.00 $ 4,250.00 $ 25,100.00 $ 399,850.00 85.03% 38.26 Gulf States Protective Coatings, Inc. $ 150,000.00 $ 331,795.00 $ 7,750.00 $ 150,000.00 $ 639,545.00 53.16% 23.92 Horizon Bros. Painting Corp. $ 78,000.00 $ 325,800.00 $ 6,000.00 $ 59,900.00 $ 469,700.00 72.39% 32.57 M.K. Painting, Inc. $ 100,000.00 $ 660,000.00 $ 8,000.00 $ 100,000.00 $ 868,000.00 39.17% 17.63 N.G. Painting, LP $ 80,000.00 $ 220,000.00 $ 5,000.00 $ 35,000.00 $ 3409000.00 100.00% 45.00 Tank Pro, Inc. $ 99,000.00 $ 184,137.00 $ 2,400.00 $ 106,000.00 $ 391,537.00 86.84% 39.08 TMI Coatings, Inc. $ 125,000.00 1 $ 317,500.00 $ 7,500.00 1 $ 4,000.00 $ 454,000.00 1 74.89% 33.70 CITY OF SCHERTZ SCHERTZ ELEVATED STORAGE TANK REPAINTING PROJECT #17- PW- 33 -C -03 Qualifications of Respondent Firm & Experience on Similar Projects Experience on Public Projects Available Resources to Complete Project Corporate History and Stability References Cost Score Total Score Rank Proposal Respondent 15 10 20 5 5 45 100 1 -8 CFG Industries, LLC. 10.33 08.00 17.00 04.67 05.00 36.08 81.08 4 D &M Tank, LLC. 13.33 09.67 10.00 01.67 05.00 38.26 77.93 5 Gulf States Protective Coatings, Inc. 14.67 10.00 19.00 04.33 05.00 23.92 76.92 6 Horizon Bros. Painting Corp. 06.67 04.33 15.00 02.00 02.67 32.57 63.24 8 M.K. Painting, Inc. 14.33 10.00 18.67 04.67 05.00 17.63 70.29 7 N.G. Painting, LP 12.67 10.00 15.67 03.67 05.00 45.00 92.00 2 Tank Pro, Inc. 14.33 09.67 19.67 05.00 05.00 39.08 92.74 I TMI Coatings, Inc. 14.00 10.00 19.00 05.00 05.00 33.70 86.70 3 Evaluator's Key Qualifications of Respondent Firm and Experience on Similar Projec Qualifications of firm in executing similar projects utilizing the Competitive Sealed Proposal or other procurement methods and qualifications related to collaborating with design partners in constructability Experience on Public Projects Related project experience with the other public owners including municipalities, school districts, and other local governmental entities, as well as experience with local subcontractors, with particular attention to individuals who would be assigned to this Project. Available Resources to Complete Project This criterion would include personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories. Corporate history and stability This criterion includes the historical stability of the Respondent, its corporate structure and longevity, its history involving litigation or arbitration with owners and subcontractors, and a statement of any liquidated damages that have previously been withheld by public owner clients of the Respondent on projects in the last five (5) years. References No Additional Instruction FORD ENGINEERING, INC September 25, 2017 Project No. 1124.9210 James A. Hooks, CFM Water and Wastewater Manager City of Schertz 10 Commercial Place, Building 2 Schertz, TX 78154 Re: #17- PW- 33 -C -03 Schertz Elevated Storage Tank Repainting Project Recommendation of Award Eight (8) bids were received on the above referenced project at City of Schertz City Hall on September 12, 2017. The bid is to be awarded per a qualified bidder criteria established by the City of Schertz. Review of the tabulation and scoring of bid packages received indicates that the apparent qualified bidder is Tank Pro, Inc., with bid of $391,537.00. The Engineer's Estimate for the Base Bid construction was $440,000. The average Bid was $498,329. Ford Engineering, Inc. called references provide by the two lowest bidders for projects of similar scope or cost. The references were positive with regards to quality of work and working relationship. Ford Engineering Inc. recommends the that Tank Pro, Inc. be awarded the contract for the above referenced project in the amount of $391,537.00. Should there be questions, or if further information is needed, please do not hesitate to call me at 210 -590 -4777. Sincerely, *�0 -1AV Mark B. Hill, PE FORD ENGINEERING, INC. 10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590 -4777 F. (210) 590 -4940 1- 800 - 332 -3109 www.fordengineering.com TBPE No. F -1162 TBPLS No. 10018400 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Public Works Agenda No. 11 Subject: Resolution No. 14 -R -89 — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing the dedication and acceptance of a 1622.22 sq /ft sanitary sewer line easement along the Maske Road right -of -way from Jonas Woods Ltd. for the placement, maintenance and repair of a sanitary sewer line, by the City in accordance with the terms of the dedication acceptance agreement, and other matters in connection therewith The City of Schertz Public Works Water and Wastewater Division has asked for a sanitary sewer easement from the Jonas Woods Ltd Home Owners Association. This is for the placement of a sanitary sewer line to serve a parcel adjacent to the Jonas Woods Subdivision as agreed upon during the construction phase of the Maske Road Water line project in 2015. The Jonas Woods Ltd HOA has agreed to grant the City of Schertz said easement. Goal To approve the acquisition of an easement to construct a sanitary sewer line extension to serve a parcel of land that is currently on a septic tank system that is in need of upgrading. Community Benefit Provide sanitary sewer service to a parcel that currently has a septic system in need of upgrading. Summary of Recommended Action Staff recommends Council approve the Resolution accepting a Sanitary Sewer Line Easement Agreement with Jonas Woods Ltd. along the Maske Road right -of -way. FISCAL IMPACT There is no fiscal impact for the acceptance of the Sanitary Sewer Line Easement with Jonas Woods Ltd. RECOMMENDATION Staff recommends Council approve Resolution 17 -R -89 ATTACHMENTS Resolution No. 17 -R -89 Sanitary Sewer Line Acceptance Agreement with Jonas Woods Ltd. RESOLUTION NO. 17 -R -89 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DEDICATION ACCEPTANCE OF ONE (1) 1622.22 SQ /FT SANITARY SEWER EASEMENT ALONG THE MASKE ROAD RIGHT OF WAY FROM THE JONAS WOODS LTD HOME OWNERS ASSOCIATION FOR THE PLACEMENT, MAINTENANCE AND REPAIRS OF A SANITARY SEWER LINE, BY THE CITY IN ACCORDANCE WITH TERMS OF THE DEDICATION ACCEPTANCE AGREEMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for one (1) 1622.22 sq. /ft Easement from Jonas Woods Ltd for placement, maintenance and repairs of a sanitary sewer line; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Jonas Woods Ltd pursuant to the one (1) 1622.22 sq. /ft Sanitary Sewer Easement Agreement attached hereto as Exhibit A (the "Agreement "); 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 with Jonas Woods Ltd in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of October, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) ATTACHMENTS SANITARY SEWER LINE EASEMENT AGREEMENT EASEMENT LOCATION MAP A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATER AND WASTEWATER EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF 6h, Is (ugc. GRANT OF EASEMENT: (NAME OF GRANTOR AND ADDRESS INCLUDING COUNTY) ( "(irantor "), for the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and right -of -way ( "Easement ") upon and across the property of Grantor which is more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Tract "), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Public Utility" shall mean water and sanitary sewer facilities. 2. Character of Easement. The Easement granted herein is "in gross," in that there is no "Benefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. 3. Purpose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Property by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement Property. The right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Written approval of Holder must be obtained prior to any use or improvement of Easement Property. 6. Secondary Easement. Holder has the right (the "Secondary Easement ") to use the surface of the 20 -foot wide area adjacent to the Easement Property, to assist in the initial installation and as may be reasonably necessary to maintain, repair, and replace the Facilities within the Easement Property of the Facilities within the Easement Property. However, Holder must promptly restore the area of the Temporary Construction Easement to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 7. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 8., immediately below, improvement and maintenance of the Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences or other encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. 8. Maintenance of Surface Easement Property /Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. Any permitted improvement made by Grantor must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz, and must not conflict with use of the easement for its intended purpose as described herein. 9. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 11. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 12. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 13. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 14. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 15. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 16. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 17. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 18. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the imenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 19. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 21. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this ?Is: day of ,201-7. GRANTOR: Raymond Marsh Grantor's Name By: ( tor's Signature) THE STATE OF TEXAS COUNTY OF I 'AW- This instrument was acknowledged before me on A'4 J GIV , 2017, by W1101,4I an individual residing in County, Texas. /1-1, • X", Notac �blic Signature (seal) JESSICA K RMLSBE11GEp NOTARY pi" ° STATE OF TEXAS NJ9'f Of 10�pg MY COWL EKR 2MI NOTARY ID 13102014 GRANTEE: AGREED AND ACCEPTED: CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality John C. Kessel, City Manager THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on 20 John C. Kessel, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public Signature (seal) F C r- \,I, Du E M 6 � I M E EF � �\\ '\� E-i r 7 � � '�\ 11 K! -J, Date: April 21, 2016 Project No: 1124.9207 FIELD NOTES I) SCMP'TION 0.0372 ACRES (1622.2 sq. ft.) Sanitary Sewer Easement A 0.0372 Acre (1622.2 sq. ft.) Sanitary Sewer Easement Easement situated in the Torbio Herrera League No. 68, Abstract No. 153 and being a portion of Lot 46 (Common Space), Block 1 of the Jonas Woods Subdivision as shown on a plat recorded in Volume 6, Page 565 of the Plat Records of Guadalupe County, Texas; being more particularly described as follows: BEGINNING: at a point on the Northwestern line of Maske Road, the Southeastern line of said Lot 46, for the Southwestern corner of a 10 foot sanitary sewer easement as shown on the said plat of Jonas Woods, Unit 4, from which a' /2 inch iron rod with cap marked "DMC" found for the Southeastern corner of Lot 41 of the said Jonas Woods, Unit 4 bears N 58 °40'37" E at 71.75 feet pass the calculated Southeastern corner of said Lot 46, a distance in all of 372.30 feet to said %2 inch iron rod; THENCE: S 58 °40'37" W — 96.30 feet along the Northwestern line of said Maske Road, the Southeastern line of said Lot 46 to a point on the Eastern line of the Jon P. Chalker — 7.783 acre tract of land recorded in Volume 2628, Page 1 of the Official Public Records of Guadalupe County, Texas, for the calculated Southwestern corner of said Lot 46, from which a %2 inch iron rod found for the Southeastern corner of the said 7.783 acre tract bears S 15 010'28" E —14.73 feet; THENCE: N 15 °10'28" W —16.66 feet along the Western line of said Lot 46, the Eastern line of the said 7.783 acre tract to a point for the Northwestern corner of this easement; THENCE: N 58 °40'37" E — 106.48 feet across said Lot 46 to a point on the Northwestern line of the said 10 foot sanitary sewer easement as shown on the said plat of Jonas Woods, Unit 4, for the Northeastern corner of this easement; THENCE: S 11'28'24" W — 21.81 feet continuing across said Lot 46 and along the Northwestern line of the said 10 foot sanitary sewer easement to the POINT OF BEGINNING and containing 0.0372 acres (1,622.2 sq. ft.) of land, according to a survey made on the ground under my supervision; 10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590 -4777 F. (210) 5904940 1- 800 - 332 -3109 www.fordengineering.com TBPE No. F -1162 TBPLS No. 10018400 GIRD Z N G, Ilf 9Ef'I >llF1 6n I h :- Corresponding plat prepared. 1124.9207 sanitary sewer esmt. BEARINGS ARE BASED ON LAMBERT GI D, TE) "S STAT1E PLAN C- 0ORDINATES, SOUTTI CENTE4L ZONE IaI41LD 83193; '• $ OWE \ Rex L. Hackett " CK \ Registered Professional Land Surveyor RER..HACKETT °Q•�5573 " " "' License Number 5573 ti 10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590 -4777 F. (210) 590 -4940 1- 800 - 332 -3109 www.fordengineering.com TBPE No. F -1162 TBPLS No. 10018400 LOT 47 � W f 1 OOel W000 & 3T N h / LOT 45 W 1E 0. 0 e Ff Nce ��i I 6 (COMMON s EA) O 1" b30 I� 0 10 S R00 f� k1 SO %M�w' .11'0 0X06 31� / A P.O.B. IRGVIJICRCV FIN- LJJIVI`lfll 1..<�I.v ..vv�v.♦ LICENSE NO. 5573 DATE: 04 -21 -2016 MA D PROJECT NO. 1124.9207 S� FORD ENGNEERNG INC. Yid (y ! ENGINEERING SURVEYING PLANNING 10927 WYE DRIVE, STE 104, SAN ANTONIO, TEXAS 78217 ' P.(210) 590-4771 ' F.(210„90 -0940) " C"`Q' 1Lf'l(R8x TBPE No 11623' WWWFORDENGINEERING.COM ' TBPLS No. 10018400 COMMUNITY SERVICE I OPPORTUNITY Date: 10/3/2017 To: City of Schertz City Council Information Item: Quarterly Financial Report Question — Hotel Occupancy Tax Encumbrance Answer to Councilmember's question on the Hotel Occupancy Tax Fund Encumbrance. Prepared By: James Walters Finance Director City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 t 210.619.1000 * schertz.com COMMUNITY SCHIERTZ OPPORTUNITY RTUNITY Quarterly Financial Report Question — Hotel Occupancy Tax Encumbrance: During the Quarterly Financial Report presentation on September 26, Councilmember Davis asked about the encumbrance in the Hotel Occupancy Tax Operating Equipment category. After a review staff has determined this to be a system error from 2013 in Incode, the City's financial software. There was no outstanding encumbrance for this account and the encumbrance shown has been removed from the financial system. Encumbrances are shown on the City's accounts once a Purchase Order (PO) has been created and are meant to be a placeholder for future expenditures. As a placeholder, encumbrances reduce the available budget amount assigned to the account. Even if no expenditures have been made the entire budget can be used up with enough outstanding encumbrances. After the City Council meeting, staff began reviewing the account history and noticed an error in the encumbrance system. By running a report comparing the amount of unpaid POs and the encumbrance amount on the accounts, staff verified multiple accounts had been affected by an error from 2013. All entries initiated by staff are shown in a separate log for the account. Staff added up the encumbrance amounts shown on the account log and compared it to the amount shown on the account. The amounts did not match. If the amounts had matched it would have indicated an error on the part of staff. The fact that the amounts did not match indicates it was a glitch in the system. Staff was not aware this was possible in the Incode system. Moving forward, the report to check PO balances to account encumbrances will be run for each quarterly report to look for any future errors. This glitch was also verified to only affect the encumbrance feature in Incode. This means the error did not affect the annual financial statements, fund balances, or expenditures that have been reported. Those transactions are reviewed monthly for errors through the bank reconciliation process and has no overlap with the encumbrance feature. After conferring with Incode technicians, they are aware of this type of error and indicated that it can happen from time to time. The most common cause is a power outage or other interruption during posting of checks or voiding POs. Due to the length of time since the error occurred, it is not possible to determine if this was the case in here. The Incode technicians did recommended running the comparison report with regularity to catch this error earlier. The earlier staff can catch the error, the cause could be determined with more certainty. As noted above, moving forward, the report to check PO balances to account encumbrances will be run for each quarterly report to look for errors.