05-01-2018 Agenda with backupMEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
May 1, 2018
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treats
Work together cooperatively as a tea
Call to Order — Regular Session
Opening Prayer and Pledtes of Allegiance to the Flats of the United States and State of
Texas. (Councilmember Mark Davis)
Employee Recognition
• EMS —Part time EMT William. Cook, EMT David Gonzales, Gabriel McWhorter and
Charles Crismon, Paramedic Tyler McNiel
• Police Department — Part Time Communication Officer Starla Blake, Civilian
Evidence Tech Chelsea Garcia
• Parks, Recreation and Community Services —Part time Park Worker 1 Dustin Young
• Public Works — Water — Serviceman 1. Robin Smith, Streets — Street Worker 1. Casey
Washington
Presentation
• Proclamation recognizing Economic Development Week. (Mayor)
City Events and Announcements
• Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez)
• Announcements and recognitions by the Acting City Manager (B. James)
• Announcements and recognitions by the Mayor (M. Carpenter)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
05 -01 -2018 Council Agenda
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 Dearing of `Residents portion of'the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with
one motion. There will be no separate discussion of these items unless they are removed
from the Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the
Regular meeting of April 24, 2018. (B. James /B. Dennis)
2. Ordinance No. 18 -T -14 — Consideration and /or action approving an Ordinance
authorizing a budget amendment to fund the ground storage tank repainting project.
Final Reading (D. Wait /J. Hooks)
3. Resolution No. 18 -R -45 - Consideration and /or action approving a Resolution
authorizing the Acting City Manager to enter into a contract with M & M Tank
Coating Co. Inc. for the Schertz Ground Storage Tank Repainting project. (D. Wait /J.
Hooks)
4. Resolution No. 18 -R -50 — Consideration and/or action approving a Resolution
approving a request for a Historical Incentive Program for the Main Street Grant for
528 Main Street. (B. James)
5. Resignations to the various City Boards, Commission and Committees —
Consideration and /or action approving the resignation of Mr. Gary Howell from the
Economic Development Corporation Board. (Mayor /Council)
6. Resolution No. 18 -R -53 — Consideration and/or action approving a Resolution
authorizing Water, Wastewater, Access, and Drainage Easements with San Antonio
One and San Antonio Three Limited Partnerships for the use, benefit, and control of the
City of Schertz for the operation, maintenance, and access to water, wastewater, and
drainage facilities on a private property in the vicinity of Wiederstein Road and IH 35.
(B. James /K. Woodlee)
Discussion and Action Items
7. Ordinance No. 18 -T -15 — Consideration and /or action approving an Ordinance by
the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal.
Year 2017 -2018 budget to recognize additional Library donations, to transfer funds
from the Library Board to the Library Personnel Budget and authorize a temporary
summer employee, to increase the budget for the temporary sewer treatment plant
05 -01 -2018 City Council Agenda Page - 2 -
expansion, and to increase the budget for 3rd party inspection services; repealing all
ordinances or parts of ordinances in conflict with the ordinance; and providing an
effective date. First Reading (B. James /J. Walters)
8. Ordinance No. 18 -F -16 — Consideration and /or action approving an Ordinance
granting an electrical transmission and distribution and communications franchise to
the Guadalupe Valley Electric Cooperative, Inc. for the use of City streets, alleys, and
public ways for a ten year term. First reading (D. Wait)
9. Resolution No. 18 -R -51 — Consideration and/or action approving a Resolution
authorizing a program and expenditures as provided for in the Performance
Agreement between the City of Schertz Economic Development Corporation and
Schertz 312, LLC. (B. James /K. Kinateder)
10. Resolution No. 18 -R -52 — Consideration and /or action approving a Resolution
authorizing a program and expenditures as provided for in the Performance Agreement
between the City of Schertz Economic Development Corporation and WR1, LLC. (B.
James /K. Kinateder)
Roll Call Vote Confirmation
Workshop
• Presentation and discussion regarding short-term rentals and regulations. (L. Wood /B.
Cox/C. Gould)
• Discussion and possible action regarding proposed workshop only meetings on the 3rd
Tuesdays of the month as needed. (B. James)
• Discussion on short term space needs. (D. Wait /J. Harshman/T. Buckingham)
• Discussion regarding large repairs /CI.P Projects. (D. Wait/J. Harshman /T.
Buckingham)
Closed Session
11. City Council will meet in closed session under section 551.074 of the Texas
Government Code, Personnel Matters to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City Manager.
12. City Council will meet in closed session under section 551.087 of the Texas
Government Code, Deliberation Regarding Economic Development Negotiations;
Closed Meeting. The governmental body is not required to conduct an open meeting
(1) to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or (2) to deliberate the offer of a financial or other incentive to a
business prospect.
• Project E -038
05 -01 -2018 City Council Agenda Page - 3 -
• Project E -039
Reconvene into Regular Session
1.1a. Take any action based on discussions held in closed session under Agenda Item 11.
1.2a. Take any action based on discussions held in closed session under Agenda Item 1.2.
Roll Call Vote Confirmation
Requests and Announcements
• Announcements by the Acting City Manager.
• Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
• 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
13. Information available in City Council Packets - NO DISCUSSION TO OCCUR
• Update information from the Committee of Committees Advisory
Commission (CCAB). (B. James /S. Gonzalez)
• Update information regarding the Movin' on Main event. (B. James /S.
Gonzalez)
• Summary of Facilities Master Plan Study. (D. Wait)
Adiournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 27th DAY OF APRIL 2018 . AT 4:40
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.
gPENT�A T 1, NN(S
Brenda Dennis, City Secretar
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
05 -01 -2018 City Council Agenda Page - 4 -
OFFICIAL BULLETIN BOARD ON DAY OF 2018.
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 closed 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.
Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal
counsel and the presence of any subject in any Closed Session portion of the agenda constitutes
a written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein
may be legally discussed in the closed portion of the meeting considering available opinions of
a court of record and opinions of the Texas Attorney General known to the attorney. This
provision has been added to this agenda with the intent to meet all elements necessary to
satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all
participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Councilmember Sca0iola — Place 5
Main Street Committee
Interview Committee for Boards and Commissions -
Alternate
Hal. Baldwin Scholarship Committee
Schertz - Seguin Local Government Corporation — Alternate
Cibolo Valley Local Government Corporation - Alternate
Councilmember Davis— Place 1
Councilmember Gutierrez — Place 2
Audit Committee
Audit Committee
Schertz Housing Authority Board
Investment Advisory Committee
Interview Committee for Boards and
Commissions
Main Street Committee - Chair
Councilmember Larson — Place 3
Councilmember Edwards — Place 4
Main Street Committee — Vice Chair
Interview Committee for Boards and Commissions
Investment Advisory Committee
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
Audit Committee
Interview Committee for Boards and Commissions
TIRZ II Board
05 -01 -2018 City Council Agenda Page - 5 -
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: May 1, 2018
Department:
Subject:
City Secretary
Minutes
The City Council held a Regular meeting on April 24, 2018.
HHZTG • ' • On
RM
Staff recommends Council approve the minutes of the Regular meeting held on April 24, 2018. .
Regular Meeting of April 24, 2018 minutes
MINUTES
REGULAR MEETING
April 24, 2018
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
24, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Ralph Gutierrez
Councilmember Cedric Edwards
Councilmember Bert Crawford
Staff Present:
Executive Director Dudley Wait
City Attorney Dan Santee
Councilmember Mark Davis was absent.
to
Mayor Carpenter called the regular meeting
Texas. (Counc
Mayor Carpenter recogh,
evening. Evan McWhirt
Mayor Carpenter and
for the Hal Baldwin
here for that purpose.
• Schertz S
Mayor Pro -Tem David S
Councilmember Scott L'a
Councilmember Anael n
Acting Ci
Assistant
City Seca
Boy Scout Evan Mc
Fd to be recognized.
Brian Ja
Manager
a Dennis
03 p.m.
Troop 343 who was in the audience this
is in attendance this evening observing the meeting
p sheet is in the vestibule; be sure to sign in if you are
Fiesta Medal Presentation (S. Gonzalez /L. Klepper /M. Spence)
Mayor Carpenter, recognized Events Manager Mary Spence who introduced Miss Schertz,
Corinne Mittelstadt and Miss Sunshine Trinity Monteverdi. Miss Schertz came forward
providing a briefing of their activities during the year representing the city. Miss Schertz
stated that on behalf of the Sweetheart Court it has been an amazing year representing the
city and thanked everyone for the opportunity. Miss Schertz announced that on Friday
April 27, 2018 they will be participating in the Fiesta Flambeau Parade one of the
highlights of representing the City. Miss Schertz and Miss Sunshine presented Council with
their 2018 Fiesta Medal.
04 -24 -2018 Minutes Page - 1 -
Mayor and Council thanked Miss Schertz and the Sweetheart Court for representing the
City.
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:
Thursday, April 26'
Groundbreaking Ceremony- Kellum Schertz Medical Center 10:00 am
3401 FM 3009
i nursaay lytay `° - Nweetneart court Coronation ,:Su p.m.
Civic Center, Refreshments served at 5:30 p.m. Coronation program begins at 6:00 p.m.
• Announcements 'arid recognitions by the Acting City Manager (B. James)
No announcements were provided.
• Announcements and recognitions by the Mayor (M. Carpenter)
No announcements were provided.
04 -24 -201.8 Minutes Page - 2 -
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Mr. Richard Dziewit, 2550 Chasefield Drive, who spoke stating how grateful the citizenry
in Schertz should be with the staff that is here. He stated that staff has done so much and is
so strong, they are the backbone of the work that is done. They help and maintain what we
have accomplished.
Mr. Dziewit addressed Council regarding the Committee of�Committees Advisory Board
(CCAB) stating they have many staff members who comd "and provide presentations on
what their departments do and what they are. W know who they are from the
presentations they provide, but we do not know outside of that. Wien you ask the citizenry
about them, they know they exist, but they do not know what they do, This is also true
with the cities various boards and commissions; the citizens do not know what they do and
their purpose. He suggested the city possibly,, prepare a pamphlet that can ,be given to
citizens regarding the roles of the various boards commis ion and committees that could be
handed out.
Workshops
• Update regarding the City of
Mayor Carpenter
Analyst R. J. Fra
Council.
Mayor Carpenter made a
seconded by Councilmen
voting no ' Coun
al Statement. (B. James /J. Walters)
Finance Dir etor Jame Walters who introduced Financial
it over the ' 2,d Quarter Financials addressing questions from
n the Chair to add items 3, 4, 5 6 & 7 to the consent agenda
Th "y4te was unanimous with Mayor Pro -Tem Scagliola,
n, Edwards, Kiser and Crawford voting for and no one
ras absent. Motion Passed.
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes — Consideration and /or action regarding the approval of the minutes of the Special
Main Street Community Open House and Input meeting of April 9, 2018, Regular meeting
of April 1.0, 2018 and Special Townhall "Council on Go" meeting of April 1.7, 2018. (B.
James /B. Dennis)
Approval of the minutes of the Special Main Street Community Open House and Input
meeting of April 9, 2018, Regular meeting of April 10, 2018 and Special Townhall
"Council on Go" meeting of April 17, 2018.
04 -24 -201.8 Minutes page - 3 -
2. Resolution No. 18 -R -47 - Consideration and/or action approving a Resolution authorizing
the submission of a Grant Application in an amount up to $92,203.00 to the Office of The
Governor, Homeland Security Division, for the 2018 State Homeland Security Grant Urban
Area Security Initiative (UASI) Program and authorizing the acceptance of the funds upon
award. (D. Wait /K. Long)
The following was read into record:
RESOLUTION NO. 18 -R -47
A RESOLUTION BY THE CITY
CITY OF SCHERTZ, TEXAS AUTHORIZING T'
APPLICATION IN AN AMOUNT UP TO $92;29
GOVERNOR, HOMELAND SECURITY DIVI'
HOMELAND SECURITY GRANT URBAN A
(UASI) PROGRAM; AND AUTHORIZIN THE
UPON AWARD.
The following was read into record:
RESOLUTION NO. 18 -R -39
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A
04 -24 -201.8 Minutes Page - 4 -
CONTRACT WITH ANDALE CONSTRUCTION INC. FOR THE APPLICATION
OF HA5 ASPHALT PRESERVATION PRODUCT IN THE ARROYO VERDE
SUBDIVISION, AND OTHER MATTERS IN CONNECTION THEREWITH
Resolution No. 18 -R -46 - Consideration and /or action approving a Resolution authorizing
the Acting City Manager to enter into a Professional Services Agreement with Ford
Engineering, Inc., relating to Engineering Design and Hydraulic Study for the East Live
Oak Pump Additions Project. (D. Wait /J. Hooks)
The following was read into record:
RESOLUTION NO. 18-
A RESOLUTION BY THE CITY COUNCIL
AUTHORIZING THE ACTING CITY
PROFESSIONAL SERVICES AGREEMEIN
RELATING TO ENGINEERING, DESIGN,;
EAST LIVE OAK PUMP ADDITIONS PR
CONNECTION THEREWITH
5. Resolution No. 18 -R -49 - Considt
public necessity for the acquisition o
construction easements in connecti(
Corporation (SSLGC) parallel pipeline.
The following was read
D10
18 -R -49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
- DECLARING A PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN
WATER PIPELINE. EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS IN CONNECTION WITH WATER PIPELINE(S) YET TO BE
CONSTRUCTED OVER, ACROSS, UPON, AND UNDER CERTAIN PRIVATELY
OWNED REAL PROPERTIES IN GUADALUPE COUNTY FROM A PROPOSED
WELL FIELD IN GUADALUPE COUNTY AND PARALLEL TO EXISTING
WATER TRANSMISSION PIPELINES CONSTRUCTED IN 2002 AND 2003 AND
EXPANDED IN 2011 AND 2012, LOCATED AS DEPICTED ON EXHIBITS
EX.6.8.B AND EX.6.8.0 ATTACHED HERETO AND INCORPORATED HEREIN
BY THIS REFERENCE, FOR THE PUBLIC PURPOSE OF THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WATER
PIPELINE SYSTEM TO BE CONSTRUCTED FOR PUBLIC WATER SUPPLY
FOR THE CITIES OF SCHERTZ AND SEGUIN AND CUSTOMERS OF
SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION, THE PROJECT
BEING CALLED THE SCHERTZ /SEGUIN LOCAL GOVERNMENT
CORPORATION SECONDARY PIPELINE PROJECT; AUTHORIZING ALL
04 -24 -2018 Minutes Page - 5 -
APPROPRIATE ACTION BY THE CITY MANAGER, STAFF, AND RETAINED
ATTORNEYS, AND ENGINEERING AND TECHNICAL CONSULTANTS, IN
THE INSTITUTION AND PROSECUTION OF CONDEMNATION
PROCEEDINGS TO ACQUIRE ANY SUCH NEEDED EASEMENTS AND
TEMPORARY CONSTRUCTION EASEMENTS AND RELATED RIGHTS OF
INGRESS AND EGRESS THAT CANNOT BE ACQUIRED THROUGH
NEGOTIATION; RATIFYING AND AFFIRMING ALL ACTS AND
PROCEEDINGS HERETOFORE DONE OR INITIATED BY EMPLOYEES,
AGENTS, AND ATTORNEYS TO ACQUIRE SUCH PROPERTY INTERESTS;
AUTHORIZING ALL OTHER LAWFUL ACTION INCLUDING THE MAKING
OF LINEAL AND ARCHEOLOGICAL SURVEYS AND APPRAISALS
NECESSARY AND INCIDENTAL TO SUCH ACQUISITIONS WHETHER BY
PURCHASE OR EMINENT DOMAIN PROCEEDINGS, DECLARING THE
SECTIONS OF THE RESOLUTION TO SE�`,, SEVERABLE ONE FROM THE
OTHER IN THE EVENT ANY SECTION OF THIS RESOLUTION IS
DETERMINED TO BE INVALID
6. Ordinance No. 18 -T -14 — Consideration and /or action, approving an Ordinance authorizing a
budget amendment to fund the ground storage tank repainting project. First Reading (D.
Wait/J. Hooks)
The following was read into record:
Lei R I71016,11014110201M
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE GROUND
STORAGE TANK REPAINTING; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES 'IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DA'Z'E
Mayor Carpenter reeognized - ' Councilmember Crawford who moved seconded by
C� ncilmember Kiser to approve the consent agenda items 1 through 7. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Gutierrez, Larson,
Edwards, Kiser and Crawford voting for and no one voting no. Councilmember
Davis was absent. Motion Passed.
Roll Call Vote
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes on
items 1 -7.
Closed Session
04 -24 -2018 Minutes Page - 6 -
8. City Council will meet in closed session under section 551.074 of the Texas Government
Code, Personnel Matters to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Manager.
Council did not meet under this section.
Mayor Carpenter convened into closed session at 6:26 p.m.
9. City Council will meet in closed session under section 551.071
Consultation with the City Attorney regarding pending or conti
• GVSUD vs. City of Schertz
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 6a >35 p.m.
8a. Take any action based on discussions held in
No action as Council did not
9a. Take any action based on di.
No action taken.
• Announcements
No announcormt
• Requests by Ma
at
this section.
Y.&MON
Texas Government
rd litigation:
Agenda Item 8.
Agenda Item 9.
that items be placed on a future City Council
Mayor Center recognized Councilmember Crawford who had a question. Have we ever
had an article to our magazine about what our committees/boards /commissions do? If so,
should we do tht again? Would this be something we need to discuss? Mayor Carpenter
stated that Acting City Manager Brian James and his team could just go ahead and execute
on it. It is a good idea and the magazine gets read.
• 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
04 -24 -2018 Minutes Page - 7 -
• Recognition of actions by community volunteers
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he received a
letter from the Children's Advocacy Center for attending their groundbreaking
event. He also attended The Chamber Luncheon and the Council on the Go Meeting
held up in the Scenic Hills area. He also attended The Chamber Mixer, Lions Club
Casino Night event and attended the BBQ Cookoff event in Marion.
Mayor Carpenter recognized Councilmember Gutierrez Who thanked the folks in
Scenic Hills for hosting the Council on the Go meeting. He also attended The
Chamber Luncheon and the initiation of Fire Engine No. 3 which was placed into
service this past Thursday. He attended the Volunteer :Fair which was a great
success and `Shred Day' held this past Saturday t the city all complex parking lot.
Today was the Health Fair for our city staff.
Mayor Carpenter recognized Councilmmber E
Saturday but started getting messages on hiss phi
event. He also mentioned that last week Mayor
Club. This club has done a lot of things for the
keep pushing to grow the club incremental]
fantastic. Kudos to the staff �aiid "volunteers who
Mayor Carpenter recognized Col
Scenic Hills attending the Council
nice showing witti about 80 peop
promptly at 6:30 p.m. He thanked
also very nioductivex -The Volunb
vent to en
who said he was out of town
irding the Schertz Shred Day
m Scagliola joined the Lions
inity so far and the members
r recent Casino night was
and help with these events.
- ilnitomber. Crawford who stated the people at
i the Go meeting were ready for them. It was a
in attendance; they were ready to go and start
e staff who participated in `Shred Day'. It was
Fair was very well attended too; he hopes we
image more people to serve on some of the city
available. in Cit Council Packets - NO DISCUSSION TO OCCUR
Master Calendar update. (D. Wait /S. Gonzalez)
Mayor Carpenter adjourned the meeting at 6:42 p.m.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
04 -24 -201.8 Minutes Page - 8 -
04 -24 -201.8 Minutes Page - 9 -
Agenda No. 2
0111 &WOL11"LlusIaU 1 DIU [o7 710 Rod
City Council Meeting: May 1, 2018
Department: Water and Wastewater
Subject: Ordinance No. 18 -T -14 — An Ordinance by
the City Council of the City of Schertz,
Texas authorizing a budget amendment to
fund the ground storage tank repainting
project; repealing all ordinances or parts of
ordinances in conflict with this ordinance;
and providing an effective date (Final
Reading)
BACKGROUND
In the Fiscal Year 2017 -2018 budget briefings, City Council was told that Public Works was
working towards repainting two water storage tanks with the funds coming from the Water Fund
Reserve line item. Due to an unknown time status of these two tank paintings, staff did not put
the funds into the budget but explained that staff would return to Council to move the funds from
Water Reserves to the Water Department Budget once the amount of each project was known.
On October 10, 2017 City Council authorized the City to enter into a contract with Tank Pro, Inc.
for the painting of the Nacogdoches elevated storage tank. Prior to executing that contract the
City asked for authorization to transfer funds from the Water Reserves. Now that the
Nacogdoches tank is complete, staff is requesting the same type of adjustment to be able to
repaint the East Live Oak Ground Storage Tank. The total project cost, including contingency is
$388,500. Once the budget adjustment is complete, staff will bring forward a Resolution to
award the painting contract that has been recently bid.
City Council approved this on first reading at their meeting of April 24, 2018.
SCHERTZ GROUND STORAGE TANK REPAINTING PROJECT
Proposed Painting/Repair Expenses:
Construction $ 348,500.00
Construction Contingency $ 40,000.00
Total Construction Costs $ 388,500.00
Total cost of Project $ 388,500.00
Goal
To extend the life of the elevated water storage tank and make 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.
City Council Memorandum
Page 2
FISCAL IMPACT
The current estimated Fund Equity for the Water & Sewer Fund is $6,352,232 which is $546,472
over the required 26 %. The amount over the requirement is the amount to be used for
construction or other projects and is called the construction reserve. With this authorization, the
estimated remaining amount in the construction reserve would be $157,972. The City would still
be above the required Fund Equity balance of 26% set by the City's Fund Balance Policy.
RECOMMENDATION
Staff recommends that the City Council approve Ordinance No. 1.8 -T -14 final reading,
authorizing the use of the construction reserve for Repainting services for the Schertz Ground
Storage Tank Repainting Project with a not to exceed amount of $388,500.00.
ATTACHMENT
Ordinance 18 -T -14
ORDINANCE NO. 18 -T -14
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO
FUND THE GROUND STORAGE TANK REPAINTING; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 17 -T -30, the City of Schertz (the "City ") adopted the
budget for the City for the fiscal year 2017 -2018 (the "Budge ), which provides funding for the
City's operations throughout the 2017 -2018 fiscal year; and
WHEREAS, the City needs to increase the Budget to authorize expenditures of $388,500
for the funding of the Tank Repainting from the Water & Sewer Construction Reserves; and
WHEREAS, the City needs to recognize a transfer from construction reserves of
$388,500 and
WHEREAS, City staff recommends that the City Council of the City of Schertz adjust
the Budget and approve the additional expense; and
WHEREAS, the City Council of the City has determined that it is in the best interest of
the City to adjust the Budget and approve the budget adjustment for the General Fund for the
contract inspection services and the community support services, as more fully set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall adjust the Budget by $388,500 in the Water & Sewer Fund for
the purpose of painting a ground storage tank.
Section 2. The City shall recognize the additional $388,500 in a transfer from
construction reserves of the Water & Sewer Fund for the project.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 24th day of April 2018.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50558021.1 - 2 -
Agenda No. 3
C X111 &WOL11"LlusIaU1DIU to] 710 Rod
1
City Council Meeting: May 1, 2018
Department: Water and Wastewater
Subject: Resolution No. 18 -R -45 — A Resolution by
the City Council of the City of Schertz,
Texas authorizing the Acting City Manager
to enter into a contract with M & M Tank
Coating Co. Inc. for the Schertz Ground
Storage Tank Repainting Project.
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 1.5 million
gallon ground storage tank on East Live Oak road 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 an elevated storage tank and this ground storage tank located on Live Oak Road. The
Engineer's estimate for repainting this ground storage tank was $295,000.
This ground tank project was publicly bid and nine (9) companies returned bids. The average bid
was $477,935.22. The lowest bid was $325,750 but the bidder failed to turn in all documents
required as part of the bid and as such is considered nonresponsive. The bids were scored based
upon a variety of areas and then references were contacted for similar projects. After this, the
lowest responsive bidder, M & M Tank Coating Co. Inc. is the contractor that staff is
recommending for painting this ground storage tank.
The elevated storage tank on FM 3009 and FM 2252 is currently being painted on a separate
contract that was approved by Council on October 10, 2017.
�Y�e ;� ►� � ��• � �• a � ;� ,ice
Proposed Painting /Repair Expenses:
Construction $ 348,500.00
Construction Contingency $ 40,000.00
Total Construction Costs $ 388,500.00
Not to exceed cost $ 388,500.00
City Council Memorandum
Page 2
Goal
To extend the life of the ground water storage tank and make 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 Ordinance 18 -T -1.4 amending the FY 201.7 -201.8 budget, the funding for painting
the East Live Oak Ground storage tank has be transferred from Water Reserves in the amount not
to exceed of $388,500.00.
RECOMMENDATION
Staff recommends that the City Council approve Resolution 1.8 -R -45 authorizing the Acting City
Manager to enter into a contract with M & M Tank Coating Co. Inc. for Repainting services for
the Schertz Ground Storage Tank Repainting Project with a not to exceed amount of
$388,500.00.
ATTACHMENT
Resolution 18 -R -45
Bid Scoring Sheets
Ford Engineering Recommendation for Award
Contract with M & M Tank Coating Co. Inc.
RESOLUTION NO. 18 -R -45
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A CONTRACT
WITH M & M TANK COATING CO. INC. FOR THE SCHERTZ GROUND 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 ground storage tank located
at the water facility on East Live Oak Rd.; and
WHEREAS, the City solicited competitive sealed bids from qualified vendors for tank
painting services related to the Schertz ground tank repainting project; and
WHEREAS, after extensive analysis of the responses provided by each of the nine (9)
prospective vendors, City staff is confident that M & M Tank Coating Co. 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 M & M Tank Coating Co. Inc. for the Schertz Ground Storage Tank Repainting
Project bid; THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the Acting City Manager to execute
and enter into a contract with M & M Tank Coating Co. Inc. in the amount of $348,500.00 and to
establish a contingency of $40,000.00 for an overall not to exceed price for this project of
$388,500.00 for the Schertz Ground 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 1st day of May, 2018.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
CONTRACT FOR TANK PAINTING SERVICES
A -1
EKIKAOIR Iiiiil,,Iliil • I
1;10 ILIATA I K-11
This Agreement is made and entered into as of the 8h day of May, 2018 by and between the:
01"Iffiff "It,
The City of Schertz
1.400 Schertz Parkway
Schertz, Texas 78154
210.619. 1000 t
210.619.1009 f
and
"CONTRACTOR"
M&M Tank Coating Co. Inc.
102 81h Avenue
Greeley, CO 80632
970-356-7438 t
970-356-2122 f
for the following Project:
EAST LIVE OAK GROUND STORAGE TANK PAINTING AND REHABILITATION PROJECT
Schertz City Project WA -C -1.702
Management for this Project will be performed by OWNER.
�3�
1.0 THE WORK OF THIS CONTRACT
Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible
for performing or causing to be performed all Work including labor and materials, necessary to build,
construct, erect and equip in accordance with the Contract Documents and at its own proper cost and
expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete the said construction, in
accordance with the conditions and prices stated in the Proposal attached hereto.
The Contract Documents for this Project include this Standard Form of Agreement and the following
documents, if applicable:
Addenda issued by City
General. Conditions
Performance and Payment Bonds
Request For Competitive Sealed Proposals #1 7- PW- 47 -C -04 & Addenda
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,
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 forty eight
thousand five hundred dollars ($348,500) subject to additions and deductions as provided in the
Contract Documents.
§ 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the OWNER:
[alternate if any]
[alternate if any]
§ 3.3 Unit prices, if any:
[insert any unit price items and descriptions] [or add reference to Proposal with unit prices and
estimated quantities]
SFA - 3
Item Units and Limitations Price Per Unit ($0.00)
[unit price it j 11m it] Cpricej
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 OWNER may
require. This schedule, unless objected to by the 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 percent ( o5.00>>, %). 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 Ojvc> 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 OWNER
shall determine for incomplete Work, retainage applicable to such work and unsettled
claims; and
.2 Add, if final completion of the Work is thereafter materially delayed through no fault
of the CONTRACTOR, any additional amounts payable.
§ 4.1.4 Reduction or limitation of retainage, if any, shall be as follows:
§ 4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance
payments to suppliers for materials or equipment which have not been delivered and stored at the
site.
§ 4.2 FINAL PAYMENT
§ 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by
the OWNER to the CONTRACTOR when
.1 the CONTRACTOR has fully performed the Contract except for the
CONTRACTOR's responsibility to correct Work as provided in the General
Conditions, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 a letter of Final Acceptance has been issued by the 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 OWNER's final Certificate for Payment:
This Agreement is entered into as of the day and year written above ( "The Date of Execution "):
By: _
Title:
By: _
Title:
SFA - 5
COMPETITVE SEALED , , .
-REQUEST FOR (RFCSP) for i
REHABILITATION PROJECT
RFCSP #17- PW- 47 -C -04 / Schertz Project WA -C -1702
November 22, 2017
CITY OF SC HERTZ, 1400 SCFIER TZ PARKWAY, SC HERTZ, 'TEXAS 78154
TABLE OF CONTENTS
RFCSP PROJECT AND RESPONSE REQUIREMENTS: PAGE
Table of Contents
TOC - 1
Invitation to Submit Proposals
ITS - 1
Check List Form
CL- 1.
Respondent Information Form
RI - 1
Request for Competitive Sealed Proposals Instructions
RFCSP - 1
Cost Proposal
CP - 1
General Conditions
GC - 1
Owner's Insurance Requirements - Exhibit A to General Conditions
INS - 1.
Technical Specifications & Description of Work
01010 -1
Prevailing Wage Rates
PWR - 1
Agreement between Owner and Contractor (Sample Contract)
SFA - 1
Payment Bond
PYB - 1.
Performance Bond
PFB — 1
TOC -1
CITY OF SCHERTZ
The City of Schertz is accepting Competitive Sealed Proposals for the EAST LIVE OAK
GROUND STORAGE TANK PAINTING AND REHABILITATION PROJECT #17 -PW-
47-C-04 for materials, labor, equipment and superintendence for the repainting of the interior and
exterior of the City of Schertz 1.5 MMG steel ground storage tank at 1049 East Live Oak Road,
and exterior of the attached piping in accordance with these Technical Specifications, Project Plans,
and Contract Documents.
Sealed Proposals will be received by the Purchasing Department of the City of Schertz located
at 1400 Schertz Parkway, Building #2, Schertz, Texas 78154 by 2:00 P.M. (CST) on December
19, 2017, via hand delivery, parcel service or mail. No fax or E -mail bids will be accepted.
Proposals submitted after the date and time will not be accepted. Proposals shall include one
electronic and one hard copy original with three (3) additional copies. This sealed package shall .
be clearly marked with both your firm's name and the description "EAST LIVE OAK GROUND
STORAGE TANK PAINTING AND REHABILITATION PROJECT #17- PW- 47- C -04 ".
Be advised that if your company is contemplating responding to this BID you MUST register as a
Schertz Vendor at wwwat,)ublicpurchase.com to be notified and have access to any
changes /additions via Addendum. Vendor registration instructions can be found at
www.schertz.com, Departments, Purchasing, Open Bids and click on "Vendor Registration
Instructions ". Any questions about this BID may be directed to Purchasing & Asset Management
at mriple { schertz.com.
A Pre - Submittal conference is scheduled for December 4, 2017 at 10:00 A.M. (CST) in the City
of Schertz Bob Andrews Conference Room at 1.400 Schertz Parkway, Bldg. #1, Schertz, Texas
78154. Written questions are due in writing no later than 12:00 P.M. CST, December 6, 2017.
The City of Schertz reserves the right to at any time refuse and reject any or all responses, waive
any or all formalities or technicalities, accept the response or portions of the response determined
to be the best and most advantageous to the City. The City of Schertz also reserves the right to
accept responses from more than one firm determined to be the best option for the City.
Respondents shall uphold proposals for a period no less than 120 days.
Invitation to Submit Proposals
ITS -I
U �1Z A
Project Name:
Firm Name:
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.
SEALED ENVELOPE or BOX # 1:
Consisting of One (1) 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 CD /DVD or USB 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
❑ Available Resources to Complete Project
❑ References (Page CP -4) *
* Note: Do 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
Title
CL -1
Date
RESPONDENT INFORMATION FORM
SOLICITATION / PROJECT NAME:
Instructions: The Respondent Information sheet is a requirement of your response. Complete the
information without modifying or deleting questions.
GENERAL INFORMATION
1. Respondent Information: Provide the following information regarding the Respondent.
(NOTE: Sub - Contractors are not required to submit this form)
Respondent Name:
(NOTE: Give exact legal name as it will appear on the contract, if awarded.)
Principal Address:
City:
Telephone
State:
ax No:
2. Contact Information: List the one person who the City may contact concerning your proposal
or setting dates for meetings.
Name:
Address:
City:
State:
Telephone No. 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 ❑ No ❑ If "Yes ", list authorizations /licenses.
Attachment "B" Respondent Information Form Page 1 of 3
5. Debarment/Suspension Information: Has the Respondent or any of its principals been debarred or
suspended from contracting with any public entity?
Yes ❑ No ❑ 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 filed for protection
from creditors under state or federal proceedings?
Yes ❑ No ❑ 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.
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 ❑
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 work being performed for the City of Schertz or any other Federal, State or
Local Government, or Private Entity?
Yes ❑ No ❑
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 Schertz or any other Federal, State or Local Government, or Private Entity
during the last ten (10) 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 Terms and Conditions: Respondent acknowledges having read the contract attached to
this RFP. By responding to this RFP, 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 disqualification.
Attachment "B" Respondent Information Form Page 2 of 3
10. Addendums: Each Respondent is required to acknowledge receipt of all addendums.
None ❑ Yes ❑ If "Yes ", identify each.
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.
Signature
Printed Name
Title
Date
Attachment "B" Respondent Information Form Page 3 of 3
REQUEST FOR COMPETITIVE
SEALED PROPOSALS INSTRUCTIONS
for
Construction Services
for the:
EAST LIVE OAK GROUND STORAGE TANK
1 "O.�93 u �dllff I I 1 _Q IiLl7►�I
1.400 SCHERTZ PARKWAY
SCHERTZ, TEXAS 781.54
RFCSP -1.
Instruction Document Table of Contents
I.
Background
II.
Construction Services
III.
Objectives
IV.
Scope of Work
V.
Selection Process
VI.
Evaluation Criteria
VII. Additional Instructions, Notifications, and Information
VIII. Submittal Instructions
IX. Conflict of Interest
X. Contract
I. BACKGROUND
The City of Schertz (the "City" and the "Owner ") requires construction services in connection
with the repainting of the interior and exterior of the City of Schertz 1.5 MMG steel ground storage
tank at 1049 East Live Oak Road, and exterior of the attached piping in accordance with Technical
Specifications, Project Plans, and Contract Documents. (the "Project ").
Contractor's responsibility includes, but is not limited to, construction sequencing in
accordance with the Contract Documents, quality control of workmanship and materials, handling of
all material, handling and disposal of all waste material, and compliance with all regulatory standards
governing the work.
The Ground Storage Tank is a welded steel tank 93' -0" diameter constructed by Holloway Co.
in 1988. Nominal height is 32' -0" from foundation elevation.
Responses are solicited for this service in accordance with the terms, conditions, and
instructions set forth in the RFCSP guidelines.
The estimated construction budget for this project is $295,000.00 for all the work including all
incidental and contingent expenses associated with the construction of the Project.
The City of Schertz will receive responses to this RFCSP at the offices of City of Schertz's
Purchasing Department until 2:00 P.M. on November 28, 2017. Receipt of response does not bind City
of Schertz to any contract for said services, nor does it give any guarantee that a contract for the
Project will be awarded.
II. CONSTRUCTION SERVICES
A. PURPOSES OF THIS RFCSP
The City of Schertz invites the submittal of responses to this "Request for Competitive Sealed
Proposals" (RFCSP) from qualified firm(s) interested in providing construction services in connection
with the East Live Oak Ground Storage Tank Painting and Rehabilitation Project that
incorporates materials, labor, equipment and superintendence for the repainting of the interior and
exterior of the City of Schertz 1.5 MMG steel ground storage tank at 1049 East Live Oak Road, and
exterior of the attached piping in accordance with these Technical Specifications, Project Plans, and
Contract Documents. Contractor's responsibility includes, but is not limited to, construction
sequencing in accordance with the Contract Documents, quality control of workmanship and
materials, handling of all material, handling and disposal of all waste material, and compliance with all
regulatory standards governing the work. This procurement method is allowable per Texas Local.
Government Code 2269.
B. LOCATION
1049 East Live Oak Road in Schertz, Texas.
C. PROJECT DURATION
The projected completion is estimated to be 120 calendar days from the issuance of Notice to
Proceed. The City reserves the right to phase the construction of the Project or modify the schedule as
needed and determined by the City due to modifications in scope.
III. OBJECTIVES
Owner proposes to retain a highly qualified, capable firm to act as its general contractor for the
construction of the Project. Firms who participate in this RFCSP process are sometimes referred to as
"Bidders ", "Respondents" and "Offerors ". Owner will give prime consideration to the Bidders with
significant, current experience in the management and construction of similar projects. Experience in
the rehabilitation of ground storage tanks is essential. Pursuant to its statutory authority, Owner
reserves the right to negotiate with a selected Respondent but shall not be obligated to enter into any
contract with any Respondent on any terms or conditions.
IV. SCOPE OF WORK
Owner anticipates the scope of work to consist of the following responsibilities:
The selected Respondent will be the general contractor for the Project, which is East Live Oak
Ground Storage Tank Painting and Rehabilitation, which includes the repainting of the interior and
exterior of the City of Schertz 1.5 MMG steel ground storage tank at 1049 East Live Oak Road, and
exterior of the attached piping in accordance with these Technical Specifications, Project Plans, and
Contract Documents. Contractor's responsibility includes, but is not limited to, construction
sequencing in accordance with the Contract Documents, quality control of workmanship and
materials, handling of all material, handling and disposal of all waste material, and compliance with all
regulatory standards governing the work.
The selected Offeror will be also responsible for: obtaining all applicable permits and
inspections; providing all necessary performance and payment bonds and insurance certificates; and
providing the City with all warranties for all equipment installed.
The selected Offeror may be required to perform some or all of the following pre - construction
and construction services. Preconstruction Services may include, but not necessarily be limited to,
value engineering the Work. Construction Services may include, but not necessarily be limited to, all
work associated with construction, operation, and warranty of the facilities.
The following represents a summary of the Scope of Work:
Prepare interiors of tanks and apply protective coating as specified in Section 09871. The
existing interior coating systems may contain lead and shall be determined prior to removal of
paint.
Replace interior ladder. Replace interior rafter support column and ring to match as -built plans.
Remove and replace existing roof access to interior ladder with new 3'x3.5' access and cover.
Add safety hand rail.
• Remove the abandoned 16 -inch fill line and cap roof penetration. Remove exterior level
indicator and cap roof penetration
• Prepare exterior of tanks and apply protective coating as specified in Section 09871. Initial
testing indicates that existing lead paint levels are below the 1% regulatory limits; report
included in Contract Documents Contractor will control emissions from abrasive blasting of
existing storage tank exterior by one of the methods included in 30 TAC 111.137.b
Re- install all removed equipment.
• Clean and re -grade site as required including repair of roadways to original condition. Site
shall be kept cleaned both during and upon completion of construction.
Miscellaneous site and other work necessary or incidental for completion of the project.
V. SELECTION PROCESS
Respondents shall prepare a sealed proposal responsive to all information requested in this
RFCSP.
The City will use a selection committee to evaluate the proposals. The City's selection committee will
rank the Offerors based on the information provided and in accordance with the selection criteria
contained in this .RFCSP. The City will notify each Offeror of the rankings within 45 days of bid
opening. The City will then negotiate with highest ranked Offeror on contract terms and conditions. If
a contract cannot be successfully negotiated with the highest ranked Offeror, in the City's opinion,
negotiations will be terminated and the City will proceed to negotiate with the next highest ranked
Offeror until a mutually agreed contract can be negotiated.
VI. EVALUATION CRITERIA
The criteria used to evaluate the RFCSP responses will include, but not be limited to, the
following (items listed below are not listed in order of importance):
A. Qualifications of Respondent Firm and Experience on Similar Projects.
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 and Value Analysis in this delivery method
(emphasis on last five (5) years). As well as related municipal project experience,
including completed and ongoing projects of the firm(s) and individuals who would be
assigned to this Project.
B. 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.
C. 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.
D. 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.
E. References. The City will contact those references as provided within the Cost
Proposal's "Additional. Respondent Information" section.
F. Cost. This criterion will be considered in the initial ranking of offers and should
include information concerning the offeror's requested fees and prices for fulfilling the
Project's general conditions.
Item
Weighting
A. Qualifications of Offeror and Experience on
Similar Projects
o
l 5 /o
B. Experience on Public Projects
10%
C. Available Resources to Complete Project
20%
D. Corporate history and stability
5%
E. References
5%
F. Cost
45%
• 11
A. All information True — Respondent represents and warrants to Owner that all
information provided in the response shall be true, correct and complete. Respondents
who provide false, misleading, or incomplete information, whether intentional or not, in
any of the documents presented to Owner for consideration in the selection process
shall be excluded.
B. Inquires — Do not contact Owner during the selection process to make inquiries about
the progress of this selection process. Such contact may result in disqualification.
Respondents will be contacted when it is appropriate to do so.
C. Cost of Responses — Owner will not be responsible for the costs incurred by anyone in
the submittal of responses.
D. Contract Negotiations — This RFCSP is not to be construed as a contract or as a
commitment of any kind. If this RFCSP results in a contract offer by Owner, the
specific scope of work, associated fees, and other contractual matters will be
determined during contract negotiations.
E. Respondent Information Sheet — The respondent shall complete the attached
"Respondent Information Sheet" with their proposal. It is necessary that all
information shall be provided.
E. No Obligation — Owner reserves the sole right to (1) evaluate the responses submitted;
(2) waive any irregularities therein; (3) select candidates for the submittal of more
detailed or alternate proposals (4) accept any submittal or portion of submittal; (5)
reject any or all Respondents submitting responses, should it be deemed in Owner's
best interest, or (6) cancel the entire process.
VIII. SUBMITTAL INSTRUCTIONS
A. Submission Date:
Sealed Proposal packages will be received by the Purchasing Department of the City
of Schertz located at 1400 Schertz Parkway, Building #2, Schertz, Texas 78154 by 2:00
P.M. (CST) on December 19, 2017, via hand delivery, parcel service or mail. No fax
or E -mail bids will be accepted. Proposals submitted after the date and time will not
be accepted.
B. Packaging:
Proposals shall include one electronic and one hard copy original with three (3)
additional copies as described below. The sealed packages shall be clearly marked with
both your firm's name and the description "East Live Oak Ground Storage Tank
Painting and Rehabilitation Project, #17- PW- 47- C -04 ". The contents included
within the proposal package shall be separated into two sealed envelopes or boxes:
Envelope #1 shall include one original of the following:
• The Proposal Checklist
• A completed Respondent Information Sheet
• The 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
• Company References per the Cost Proposal Cost Proposal's "Additional
Respondent Information" section.
• A copy of Current Certificate of Liability Insurance
• Electronic Copy of Signed Original Proposal on CD/DVD or USB Media
This envelope shall be clearly labeled with the respondent's name, project name,
solicitation number and the designation "Envelope #1 ".
Envelope #2 shall include three bound copies of the following:
• Respondent Information Sheet
• Qualifications of Respondent Firm and Experience on Similar Projects
• Experience on Public Projects
• Corporate History and Stability
• Available Resources to Complete Project
• Company References per the Cost Proposal Cost Proposal's "Additional
Respondent Information" section.
NOTE: DO NOT INCLUDE A COST PROPOSAL AND DO NOT
REFERENCE PRICING WITHIN ANY MATERIALS WITHIN THIS SUB -
PACKAGE #2.
This envelope shall be clearly labeled with the respondent's name, project name,
solicitation number and the designation "Envelope #2 ".
II. CONFLICT OF INTEREST
Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any
vendor or person considering doing business with a local government entity must disclose in the
Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a
conflict of interest with a local government entity. This questionnaire must be filed, by law, with the
City Secretary of the City of Schertz not later than the 7th business day after the date the person
becomes aware of facts that require the statement be filed. See Section 176.006, Local Government
Code. A person commits an offense if the person violates Section 176.006, Local. Government Code.
An offense under this section is a Class C misdemeanor. For more information or to obtain the
Questionnaire CIQ go to the Texas Ethics Commission web page at
www. ethics. state.tx.uslforms /CIQ_pdf.
Certificate of Interested Parties
Effective January 1, 2016, . pursuant to House Bill 1.295 passed by the 84th Texas Legislature (Section
2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics
Commission (TEC), all contracts with private business entities requiring approval by the Schertz City
Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form
1295 is also required for any and all contract amendments, extensions or renewals. Contractors are
required to complete and file electronically with the Texas Ethics Commission using the online filing
application.
Please visit the State of Texas Ethics Commission website,
h s4// ��, ethics.stateatx,us /whatsnewielf info formI295.htm and
htt s:/ wwww.ethics.state.t ..us /tec /1295- Info.ht for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN
LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH
PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN
OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
X. CONTRACT
The successful Respondent shall be required to execute an Agreement with the City, provided as an
attachment to this RFCSP.
THE CITY OF SCHERTZ RESERVES THE RIGHT TO REFUSE AND REJECT ANY OR
ALL RFCSP AND TO WAIVE ANY OR ALL FORMALITIES OR TECHNICALITIES, AND
TO MAKE SUCH AWARDS OF CONTRACT AS MAY BE DEEMED TO BE THE BEST
VALUE AND MOST ADVANTAGEOUS TO THE CITY OF SCHERTZ.
END OF RFCSP INSTRUCTION DOCUMENT
City of Schertz
Live Oak 1.5 MMG Ground Storage Tank Repainting
COST PROPOSAL
PROPOSAL OF , a corporation
A partnership consisting of
An individual doing business as
TO THE CITY OF SCHERTZ:
Pursuant to Instructions and Invitations to Respondents, the undersigned proposes to
provide materials, labor, equipment and superintendence for the repainting of the interior
and exterior of the City of Schertz 1.5MMG steel ground storage tank located at 1049 East
Live Oak Road, Schertz, Texas, and exterior of the attached piping, #17- PW- 24 -C -02, City
Project No. WA -C -1702 in accordance with the Plans and Specifications for the following
prices to wit:
Base Bid
(Dollars)
and (Cents) ($ )
CP - 1. Proposer's Signature
City of Schertz
Live Oak 1.5 MMG Ground Storage Tank Repainting
TABULATION OF BASE BID: The Base Bid as shown in BF- I is further itemized as follows:
CP - 2 Proposer's Signature
Dollars
and Cents
CP - 3 Proposer's Signature
City of Schertz
Live Oak 1.5 MMG Ground Storage Tank Repainting
1. Complete the additional requirements of the Proposal which are included on the
following pages.
2. Bidder 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 BIDDER INFORMATION
Complete the additional requirements of the Proposal. All blanks must be filled in for the
Proposal to be considered responsive. If a question is not applicable, put the words "not
applicable" in the space provided.
1. What similar public works projects has your company completed?
Owner
Owner's Phone
Number
Project
Description
Date Completed
Contract Amount
The remainder of this page is intentionally blank.
CP -4 Proposer's Signature
City of Schertz
Live Oak 1.5 MMG Ground Storage Tank Repainting
COST PROPOSAL
Accompanying this proposal is a Bid Bond or Certified or Cashier's, Check on a State or National Bank
payable to the Order of the City of Schertz, Texas for
dollars ($ ), which amount represents five percent (5 %) of the total bid price.
Said bond or check is to be returned to the Respondent unless the proposal is accepted and the
Respondent fails to execute and file a contract within 10 calendar days after the award of the Contract, in
which case the check shall become the property of said City of Schertz, Texas, and shall he considered as
payment for damages due to delay and other inconveniences suffered by said City of Schertz, Texas due
to the failure of the Respondent to execute the contract. The City of Schertz, Texas reserves the right to
reject any and all proposals.
It is anticipated that the Owner will act on this proposal within 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 after the
award of the Contract.
The Contractor hereby agrees to commence work under this Contract immediately after issuance by the
City of Schertz, Texas of the written Authorization to Proceed and to complete the work within 120
calendar days from the Notice to Proceed. Under no circumstances shall the work commence prior to
Contractor's receipt of City of Schertz, Texas issued, written Authorization to Proceed.
The undersigned certifies that the proposal prices contained in the proposal have been carefully checked
and are submitted as correct and final.
In completing the work contained in this proposal the undersigned certifies that Respondent's practices
and policies do not discriminate on the grounds of race, color, religion, sex or national origin and that the
Respondent will affirmatively cooperate in the implementation of these policies and practices.
Signed:
Company Name
Authorized Company Signature
Name Printed
Address
City, State, Zip
Telephone
CP - 5 Proposer's Signature
GENERAL CONDITIONS
Article
Page
Number & Title
Number
l.
DEFINITIONS . ........................................................................................................................
2
2.
PRELIMINARY MATTERS ....................................................................................................
6
3.
CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE . ...........................................
0
4.
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS . .................................................................................
9
5.
BONDS AND INSURANCE ...................................................................................................
l2
6.
CONTRACTOR'S RESPONSIBILITIES .................................................................................
|4
8. OWNER'S RESPONSIBILITIES .------------------------------..28
9. S STATUS DURING CONSTRUCTION .................................... 29
10. CHANGES IN THE WORK . ................................................................................................... 30
lL CHANGE ()F CONTRACT AMOUNT . ................................................................................. 32
13. TESTS AND INSPECTIONS; AND[
_-__-_--_'.
()R REMOVAL ()F DEFECTIVE WORK . ............................................................................. 37
l4. PAYMENTS T(} CONTRACTOR AND COMPLETION ...................................................... 4U
15. SUSPENSION ()p WORK AND TERMINATION .---------------------. 46
lh. DISPUTE RESOLUTION ........................................................................................................ 40
l7. RIGHT T(] AUDIT .................................................................................................................. 40
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the
following terms have the meanings indicated which are applicable to both the singular and
plural thereof:
1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or
the opening of Bids that clarify, correct or change the proposal or bidding requirements or the
Contract Documents.
1.2 Agreement - Prescribed form, Standard Form of Agreement.
1.3 Bid Documents - The advertisement or invitation for bids, instructions to bidders,
the bid form, the Contract Documents and Addenda.
1.4 Calendar Day - Any day of the week; no days being excepted. Work on Saturdays,
Sundays, and /or Legal Holidays shall only be conducted with prior express written consent of
the OWNER.
1.5 Change Directive - A written directive to the CONTRACTOR, signed by the OWNER,
ordering a change in the Work and stating a proposed basis for adjustment, if any, in the
Contract Amount or Contract Time, or both. A Change Directive may be used in the absence
of total agreement on the terms of a Change Order. A Change Directive does not change the
Contract Amount or Contract Time, but is evidence that the parties expect that the change
directed or documented by a Change Directive will be incorporated in a subsequently issued
Change Order.
1.6 Change Orders - Written agreements entered into between the CONTRACTOR and the
OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after
the Execution Date of the Agreement and within the Contract term.
1.7 Claim - A written demand seeking, as a matter of right, adjustment or interpretation.
of Contract terms, payment of money, extension of time or other relief with respect to the terms
of the Contract.
1.8 Contract - The Contract represents the entire and integrated agreement between the
OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract
Documents.
1.9 Contract Amount - The amount payable by the OWNER to the CONTRACTOR for
completion of the Work in accordance with the Contract Documents.
1.10 Contract Documents — Invitation to Bid, Instructions to Bidders, General Conditions,
Supplemental General. Conditions (if any), Special Conditions (if any), Technical
Specifications, Project Manual, Drawings, Addenda and Change Orders.
L
1.11 Contract Time - The number of days allowed for completion of the Work as
defined by the Contract. When any period is referred to in days, it will be computed to
exclude the first and include the last day of such period. A day of twenty -four (24) hours
measured from midnight to the next midnight will constitute a day.
1.12 CONTRACTOR - The individual, firm, corporation, or other business entity with
whom the OWNER has entered into the Contract.
1.13 Date of Execution - Date of last signature of the parties to the Agreement.
1.14 Drawings - Those portions of the Contract Documents which are graphic
representations of the scope, extent and character of the Work to be furnished and performed
by the CONTRACTOR and which have been approved by the OWNER. Drawings may
include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not
Drawings as so defined.
1.15 Engineer - The OWNER's design professional identified as such in the Contract.
1.16 Equal - The terms "equal" or "approved equal" shall have the same meaning.
1.17 Field Order - A written order issued by Owner's Representative which orders minor
changes in the Work and which does not involve a change in the Contract Amount or the
Contract Time.
1.18 Final Acceptance - The stage in the Contract process when, in the OWNER's opinion,
Final Completion of the Work has been attained and a Certificate of Acceptance approved by
the OWNER is issued.
1.19 Final Completion - The stage in the progress of the Work when, in the OWNER's
opinion, the entire Work has been completed, the CONTRACTOR's obligations under the
Contract Documents have been fulfilled, and the OWNER is processing or has made final
payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance approved by
the OWNER.
1.20 Inspector - The authorized representative of any regulatory agency that has jurisdiction
over any portion of the Work.
1.21 Legal Holidays
1.22 The following are recognized by the OWNER:
Holiday Date Observed
New Year's Day January 1
Martin Luther King, Jr.'s Third Monday
Birthday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday
in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday
in November
Friday after Friday after
Thanksgiving Thanksgiving
Christmas Eve December 24
Christmas Day December 25
1.22.1 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a
Legal. Holiday falls on Sunday, it will be observed on the following Monday.
1.22.2 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as
the Christmas Eve holiday.
1.22.3 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as
the Christmas Day holiday.
1.23 Milestones - A significant event specified in the Contract Documents relating to an
intermediate completion date or time prior to Substantial Completion of all the Work.
1.24 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR
fixing the date on which the Contract Times will commence to run and on which the
CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract
Documents.
1.25 OWNER — The City of Schertz, acting through its City Manager or his /her designee,
officers, agents or employees to administer design and construction of the Project.
1.26 Owner's Representative - The designated representative of the OWNER. Such
designation shall be provided to ENGINEER and CONTRACTOR in writing.
�owl'
1.27 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the
Work for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
1.28 Project - The total construction of which the Work to be provided under the Contract
Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents.
1.29 Project Manual - That portion of the Contract Documents which may include the
following: introductory information; bidding requirements, Contract forms and General and
Supplemental General Conditions; General Requirements; Specifications; Drawings; Project
Safety Manual; and Addenda.
1.30 Proposal Documents — The advertisement or invitation for Proposals, Instruction to
Offerors, the Proposal form, the Contract Documents and Addenda.
1.31 Resident Project Representative - The authorized representative of ENGINEER who
may be assigned to the site or any part thereof.
1.32 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or
information which are specifically prepared or assembled by or for the CONTRACTOR
and submitted by the CONTRACTOR as required by the Contract Documents.
1.33 Specifications - Those portions of the Contract Documents consisting of written
technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in
detail, the requirements which must be met by all materials, equipment, construction systems,
standards, workmanship, equipment and services in order to render a completed and useful
project.
1.34 Substantial Completion - The stage in the progress of the Work when the Work, or
designated portions thereof, is sufficiently complete in accordance with the Contract
Documents so that the OWNER can utilize the Work for its intended purpose or use.
1.35 Subcontractor - An individual, firm, or corporation having a direct contract with the
CONTRACTOR for the performance of a part of the Work.
1.36 Sub - subcontractor - A person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work.
1.37 Superintendent - The representative of the CONTRACTOR authorized in writing to
receive and fulfill instructions from Owner's Representative, and who shall supervise and
direct construction of the Work.
1.38 Supplier - An individual or entity having a direct contract with the CONTRACTOR
or with any Subcontractor to furnish materials or equipment to be incorporated in the Work
by the CONTRACTOR or any Subcontractor.
L
1.39 Time Extension Request - A request for time extension on a form acceptable to the
OWNER.
1.40 Work - The entire completed construction, or the various separately identifiable parts
thereof, required to be furnished under the Contract Documents.
1.41 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal
Holidays, in which conditions not under the CONTRACTOR's control will permit work for
at least seven (7) hours of the Working Times. Upon authorization by the Owner's
Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and in
that event a Working Day will be counted for each such day.
1.42 Working Times - Times of day(s) during which work may be performed. Unless
authorized by OWNER, all Work shall be performed between 8:00 a.m. and 5:00 p.m. on
weekdays. If authorized by the OWNER between 8:00 a.m. and 5:00p.m. on Saturdays,
Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work
during hours outside Working Times, such hours shall be considered time worked on
Working Day contracts. Notwithstanding the preceding, emergency work may be done
without prior permission only as provided in paragraph 6.11.5 herein.
1.43 Written Notice - Written communication between the OWNER and the
CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in
person to Owner's Representative or to the CONTRACTOR's duly authorized representative,
or if such Written Notice is delivered to or sent by registered or certified mail to the attention
of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last
business address known to the party giving notice. Written Notice sent or transmitted by
electronic mail or facsimile must be actually received to be considered delivered and to comply
with notice requirements herein. Transmission done by electronic mail or facsimile does not
constitute delivery.
2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation:
2.1.1 Within ten (10) Calendar Days after written notification of award of Contract, the
CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance
Certificate(s) and other documentation required for execution of the Contract.
2.2 Copies of Documents:
2.2.1 The OWNER shall furnish to the CONTRACTOR three (3) printed copies of the
Contract Documents and one (1) copy in electronic portable document format (PDF) unless
otherwise specified. Additional printed copies will be furnished, upon request, at the cost of
reproduction.
.ISM
2.3 Commencement of Contract Times; Notice to Proceed:
2.3.1 The Contract Time(s) will begin to run on the day indicated in the Notice to Proceed.
2.4 Before Starting Construction:
2.4.1 No Work shall be done at the site prior to the preconstruction conference without
the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR
shall carefully study and compare the Contract Documents and check and verify pertinent
figures shown thereon and all applicable field measurements. The CONTRACTOR shall
promptly report in writing to OWNER & ENGINEER any conflict, error, ambiguity or
discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation
or clarification from ENGINEER before proceeding with any Work affected thereby. Should
Contractors perform the Work after discovery of such a conflict without reporting the conflict
or before receipt of a clarification or interpretation by Engineer, Contractor will be solely liable
for any correction or other measures that may be required to overcome the conflict or bring the
Work into compliance with the Contract Documents.
2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for
review and approval no later than the preconstruction conference:
.1 a preliminary progress schedule indicating the times (number of days or dates)
for starting and completing the various stages of the Work, including any
Milestones specified in the Contract Documents, identifying when all
Subcontractors will be utilized, and taking into consideration any limitations on
Working Hours;
.2 a preliminary schedule of Shop Drawing and sample submittals;
.3 a preliminary schedule of values for all of the Work, subdivided into component
parts in sufficient detail to serve as the basis for progress payments during
construction. Such prices will include an appropriate amount of overhead and profit
applicable to each item of Work;
.4 a letter designating CONTRACTOR's Superintendent;
.5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried
specialists;
.6 if applicable, a letter designating the "Competent Person(s)" on general safety
and trench safety measures;
.7 if applicable, a trench safety system plan;
.8 if applicable, a plan illustrating proposed locations of temporary facilities;
.9 if applicable, a traffic control plan;
.10 a completed Non -Use of Asbestos Affidavit (Prior to Construction); and
.11 if applicable, a letter designating the Texas Registered Professional Land Surveyor
that shall be employed for any portion of the Work required by the Contract
Documents to be performed by a RPLS.
2.5 Preconstruction Conference:
2.5.1 Prior to commencement of Work at the site, a preconstruction conference attended
by the CONTRACTOR, Owner's Representative and others will be held.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AMENDING REUSE
3.1 Intent:
3.1.1 The intent of the Contract Documents is to include all information necessary for the
proper execution and completion of the Work by the CONTRACTOR. The Contract
Documents are complementary, and what is required by one shall be as binding as if
required by all; performance by the CONTRACTOR shall be required to the extent consistent
with the Contract Documents and reasonably inferable from them as being necessary to
produce the intended results. In cases of disagreement, the following order of precedence shall
govern (top item receiving priority of interpretation):
Standard Form of Agreement
Addenda to the Contract Documents
General Conditions
Performance and Payment Bonds
Request for Proposal and any Contract Forms
Technical. Specifications
Drawings (figured dimensions shall govern over scaled dimensions)
3.1.2 Unless otherwise stated in the Contract Documents, words which have well -known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
3.2 Reporting and Resolving Discrepancies:
3.2.1 If, during the performance of the Work, the CONTRACTOR discovers any conflict,
error, ambiguity or discrepancy within the Contract Documents or between the Contract
Documents and any provisions of any such law or regulation applicable to the performance
of the Work or of any such standard, specification, manual or code or instructions of any
Supplier, the CONTRACTOR shall immediately report it to ENGINEER in writing, and the
CONTRACTOR shall not proceed with the Work affected thereby until an amendment or
supplement to the Contract Documents has been issued by one of the methods indicated in
section 3.3. The CONTRACTOR shall be liable to the OWNER for failure to report any
such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or
reasonably should have known.
3.3 Amending and Supplementing Contract Documents:
3.3.1 The Contract Documents may be amended to provide for additions, deletions and
revisions in the Work or to modify the terms and conditions thereof in one or more of the
following ways:
.1 Change Order.
.2 Change Directive.
3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and
minor variations and deviations in the Work may be authorized, in one or more of the following
ways:
.1 Field Order.
.2 Review of a Shop Drawing or sample.
.3 Written interpretation or clarification.
3.4 Reuse of Documents Prohibited:
3.4.1 The CONTRACTOR and any Subcontractor or Supplier or other person or
organization performing or furnishing any of the Work under a direct or indirect contract with
the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the
Drawings, Specifications or other documents (or copies of any thereof) prepared by or
bearing the seal of ENGINEER or ENGINEER's consultants, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies on extensions of the Project or
any other project without written consent of the OWNER and ENGINEER.
ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL
CONDITIONS, POINTS
4.1 Availability of Lands:
4.1.1 The OWNER shall furnish, as indicated in the Contract Documents, all required
rights to use the lands upon which the Work is to be performed, rights -of -way and easements
for access thereto, and such other lands which are designated for the use of the
CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished with which the
CONTRACTOR will have to comply in performing the Work. Easements for permanent
structures or permanent changes in existing facilities will be obtained and paid for by the
GC -9
OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to
furnish these lands, rights -of. -way or easements in a timely manner, the CONTRACTOR may
make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for
all additional lands and access thereto that may be required for temporary construction
facilities or storage of spoils, materials and equipment.
4.2 Subsurface and Physical Conditions:
4.2.1 CONTRACTOR accepts the responsibility to satisfy itself as to the soil conditions and
nature and type of geological formations in and through which this Project will be constructed.
Such information as may be obtained from the test borings (if borings have provided) and
accompanying notations shown on the plans is merely for the guidance of the CONTRACTOR
and is not to be construed in any manner as a guarantee by the OWNER that such conditions of
sub - surface strata are infallible.
4.2.2 The CONTRACTOR hereby represents and covenants that it has examined the site of
the proposed Work and is familiar with all of the conditions surrounding construction of
the Project, having conducted all inquiries, tests and investigations deemed necessary and
proper.
4.2.3 CONTRACTOR waives any and all rights to make a claim against OWNER relating to
representations related to geotechnical data provided in the contract documents, plans and
specifications. The locations of the test holes, if applicable, are shown in the Geotechnical
Report. Logs of these test holes are included in the Geotechnical Report. Test holes
information represents subsurface characteristics to the extent indicated and only for the point
location of the test hole. CONTRACTOR shall make its own interpretation of the character and
condition of the materials, which will be encountered. CONTRACTOR may, at its own
expense, make additional surveys and investigations as it may deem necessary to determine
conditions, which will affect performance of the Work.
4.2.4 If conditions are encountered at the site which are (1) subsurface or otherwise
concealed physical conditions that differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, that differ materially
from those normally encountered in the type of work being performed under this Contract,
then notice by the observing party shall be given to the other party promptly before conditions
are disturbed and in no event later than seven (7) calendar days after first observance of the
conditions. ENGINEER will promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in the CONTRACTOR's cost of, or time required for,
performance of any part of the Work, may recommend an equitable adjustment in the
Contract Amount or Contract Time, or both. If ENGINEER determines that the conditions at
the site are not materially different from those indicated in the Contract Documents and that no
change in the terms of the Contract is justified, the CONTRACTOR shall be notified in
writing, stating the reasons. If CONTRACTOR disagrees with ENGINEER'S determination,
CONTRACTOR may appeal such determination to OWNER. Such appeal must be presented
to OWNER with all supporting documentation evidencing CONTRACTOR'S claim for an
adjustment to the Contract Amount or Contract Time within thirty (30) calendar days of
GC - 1.0
completing the Work. Any unresolved disputes arising from ENGINEER'S OR OWNER'S
determination shall be resolved in accordance with Article 16.
4.2.5 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be
solely responsible for the location and protection of any and all public lines and utility
customer service lines in the Work area. For the purposes of this section, "public lines" means
the all utility distribution and supply system within public rights -of -way or easements, and
"utility customer service lines" (service) means any utility line connecting a utility customer to
the utility distribution system. Generally, existing service connections within right -of -way or
easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER
and "One Call" and exercise due care to locate and to mark, uncover or otherwise protect all
such lines in the construction zone and any of the CONTRACTOR's work or storage areas.
The CONTRACTOR's obligation hereunder shall be primary and non - delegable. The
CONTRACTOR shall be liable for any expenses or costs (including fines that may be levied
against the OWNER) that may result from unauthorized or accidental damage to all public
lines and utility customer service lines in the Work area.
4.3 Reference Points:
4.3.1 Unless otherwise specified, the OWNER will furnish all reference points,
benchmarks, survey monuments, and control points which, in the OWNER's opinion, are
suitable for laying out the Work.
4.3.2 All reference points, benchmarks, survey monuments and control points shall be
carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate
measures and, in case of destruction or removal by the CONTRACTOR or its employees,
such reference points, benchmarks, survey monuments, and control points shall be replaced
by a Registered Professional. Land Surveyor at the CONTRACTOR's expense. When reference
points, benchmarks, survey monuments, or control points are in conflict with the Work, the
CONTRACTOR will provide notice of the conflict to ENGINEER and note the location of such
on a set of red -lined drawings to be maintained at all times on the jobsite. Reestablishment will
be the CONTRACTOR's responsibility during or upon completion of the Work.
4.4 Hazardous Materials:
4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at
the site which was not shown, indicated or identified in the Contract Documents to be within
the scope of the Work and which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site. The CONTRACTOR shall
immediately notify the OWNER of any suspected hazardous materials encountered before or
during performance of the Work and shall take all necessary precautions to avoid further
disturbance of the materials.
4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the
site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the
CONTRACTOR is responsible.
GC- 11
4.4.3 CONTRACTOR shall be responsible for securing and protecting the site and ensuring
that no third - parties or other persons enter the site without authorization. CONTRACTOR shall
be responsible for all costs and damages resulting from any harm or injury that is caused by
hazardous materials on the site to any unauthorized entrants. CONTRACTOR shall indemnify
and hold OWNER and ENGINEER harmless from any claims, costs, or damages related to a
breach of this section pursuant to the INDEMNIFICATION provisions contained herein.
4.4.4 No asbestos - containing materials shall be incorporated into the Work or brought on
the Project site without prior approval of the OWNER.
ARTICLE 5 - BONDS AND INSURANCE
5.1 Surety and Insurance Companies:
5.1.1 All bonds and insurance required by the Contract Documents shall be obtained from
surety or insurance companies that are duly licensed by the State of Texas and authorized by the
State of Texas and the Texas Department of Insurance to issue bonds or insurance policies for
the limits and coverages required by the Contract Documents. The bonds shall be in a form
acceptable to the OWNER and shall be issued by a surety that complies with the requirements
of Chapter 3503 of the Texas Insurance Code.
5.2 Contractor Insurance Requirements
5.2.1 For specific insurance requirements, refer to Exhibit A to these General Conditions,
OWNER's Insurance Requirements.
5.2.1 General Requirements:
.1 CONTRACTOR shall carry insurance in the types and amounts indicated for
the duration of the Contract, which shall include items owned by OWNER in
the care, custody and control of CONTRACTOR prior to and during
construction and warranty period.
.2 CONTRACTOR must complete and forward the required Certificates of
Insurance to OWNER within ten (10) days of the Date of Execution the
Contract is executed as verification of coverage required below.
CONTRACTOR shall not commence Work until the required insurance is
obtained and until such insurance has been reviewed by OWNER. Approval
of insurance by OWNER shall not relieve or decrease the liability of
CONTRACTOR hereunder and shall not be construed to be a limitation of
liability on the part of CONTRACTOR. CONTRACTOR must also complete
and forward the required Certificates of Insurance to OWNER whenever a
previously identified policy period has expired as verification of continuing
coverage.
GC - 1.2
.3 All endorsements naming the OWNER and ENGINEER as additional insured,
waivers, and notices of cancellation endorsements as well as the Certificate of
Insurance shall indicate: City of Schertz and Ford Engineering, Inc.
.4 Where the OWNER and ENGINEER are additional insured shown on any
policy, it is intended that policies required in the Contract, covering OWNER,
ENGINEER and CONTRACTOR, shall be considered primary coverage as
applicable.
.5 If insurance policies are not written for amounts specified in Exhibit A,
Owner's Insurance Requirements, CONTRACTOR shall carry Umbrella or
Excess Liability Insurance for any differences in amounts specified. If
Excess Liability Insurance is provided, it shall follow the form of the primary
coverage.
.6 OWNER and ENGINEER shall be entitled, upon request and without
expense, to receive certified copies of policies and endorsements thereto and
may make any reasonable requests for deletion or revision or modification of
particular policy terms, conditions, limitations, or exclusions except where
policy provisions are established by law or regulations binding upon either of
the parties hereto or the underwriter on any such policies.
.7 OWNER and ENGINEER reserve the right to review the insurance
requirements set forth during the effective period of this Contract and to make
reasonable adjustments to insurance coverage, limits, and exclusions when
deemed necessary and prudent by OWNER or ENGINEER based upon
changes in statutory law, court decisions, the claims history of the industry
or financial condition of the insurance company as well as CONTRACTOR.
.8 CONTRACTOR shall not cause any insurance to be canceled nor permit any
insurance to lapse during the term of the Contract or as required in the Contract.
.9 CONTRACTOR shall be responsible for premiums, deductibles and self. -
insured retentions, if any, stated in policies. All deductibles or self- insured
retentions shall be disclosed on the Certificate of Insurance.
.10 CONTRACTOR shall provide OWNER and ENGINEER thirty (30) days
written notice of erosion of the aggregate limits below occurrence limits for all
applicable coverages indicted within the Contract.
.11 If OWNER -owned property is being transported or stored off -site by
CONTRACTOR, then the appropriate property policy will be endorsed for
transit and storage in an amount sufficient to protect OWNER's property.
GC - 13
.12 The insurance coverages required under this contract are required minimums and
are not intended to limit the responsibility or liability of CONTRACTOR.
5.3 Bonds:
5.3.1 General.
.1 Bonds, when required, shall be executed on forms furnished by or acceptable
to OWNER. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act.
.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or
becomes insolvent or its right to do business is terminated in the State of Texas
or it ceases to meet the requirements of the preceding paragraph,
CONTRACTOR shall within ten (10) days thereafter substitute another bond
and surety, both of which must be acceptable to OWNER.
.3 Bonds provided by CONTRACTOR shall conform to the requirements
contained in Chapter 2253 of the Government Code.
5.3.2 Performance Bond.
.1 CONTRACTOR shall furnish OWNER with a Performance Bond in the form
set out by OWNER, which shall extend for the one year warranty period.
5.3.3 Payment Bond.
.1 CONTRACTOR shall furnish. OWNER with a Payment Bond in the form set out
by OWNER.
' 1
6.1 Supervision and Superintendence:
6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may
be necessary to perform the Work in accordance with the Contract Documents. The
CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences
and procedures of construction.
6.1.2 The CONTRACTOR shall have an English- speaking, competent Superintendent on the
Work at all times that work is in progress. Upon OWNER'S request, the CONTRACTOR shall
present the resume of the Superintendent to Owner's Representative showing evidence of
experience and successful superintendence and direction of work of a similar scale and
complexity. If, in the OWNER'S opinion, the proposed Superintendent does not indicate
GC - 1.4
sufficient experience in line with the Work, he /she will not be allowed to be the designated
Superintendent for the Work. The Superintendent shall not be replaced without written consent
of the OWNER. Such consent shall not be unreasonably withheld. The Superintendent will be
the CONTRACTOR's representative on the Work and shall have the authority to act on behalf
of the CONTRACTOR. All communications given to the Superintendent shall be as binding as
if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide
an emergency and home telephone number at which one or the other may be reached if
necessary when work is not in progress.
6.2 Labor, Materials and Equipment:
6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in
performance of the type of Work required under this Contract. The CONTRACTOR shall at
all times maintain good discipline and order on or off the site in all matters pertaining to the
Project.
6.2.2 CONTRACTOR shall provide and pay for labor in accordance with the prevailing wage
in the locality and shall not pay less than the prevailing wage.
6.2.3 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials,
equipment, labor, transportation, construction equipment and machinery, tools, appliances,
fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all
other facilities and incidentals necessary for the furnishing, performance, re- testing of
defective work, start-up and completion of the Work.
6.2.4 All materials and equipment shall be of good quality and new, except as otherwise
provided in the Contract Documents. If required by OWNER, the CONTRACTOR shall
furnish satisfactory evidence (reports of required tests, manufacturer's certificates of
compliance with material requirements, mill reports, etc.) as to the kind, quantity and
quality of materials and equipment. All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with instructions of the
applicable Supplier, except as otherwise provided in the Contract Documents. All special
or manufacturer's warranties required by the specifications shall expressly run to the benefit of
the OWNER.
6.2.5 Substitutes and "Approved Equal" Items:
6.2.5.1 Whenever an item of material or equipment is specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular Supplier, the
specification or description is intended to establish the type, function and quality required.
Unless the specification or description contains words reading that no like, equivalent or
"approved equal" item or no substitution is permitted, other items of material or
equipment of other Suppliers may be submitted to OWNER under the following circumstances:
.1 "Approved Equal ": If, in the OWNER's sole discretion, an item of material or an
item of equipment proposed by the CONTRACTOR is functionally equal to that
GC - 1.5
named and sufficiently similar so that no change in related Work will be required, it
may be considered by the OWNER as an "approved equal" item, in which case
review of the proposed item may, in the OWNER's sole discretion, be
accomplished without compliance with some or all of the requirements for
evaluation of proposed substitute items. The CONTRACTOR shall provide the
OWNER with the documentation required for the OWNER to make its
determination.
.2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an
item of equipment proposed by the CONTRACTOR does not qualify as an
"approved equal" item under paragraph 6.2.5.1.1, then it will be considered a
proposed substitute item. The CONTRACTOR shall submit sufficient information
to allow the OWNER to determine that the item of material or item of equipment
proposed is essentially equivalent to that named and a substitute therefor.
6.2.5.2 Substitute Construction. Methods and Procedures: If a specific means, method,
technique, sequence or procedure of construction is shown or indicated in and expressly
required by the Contract Documents, the CONTRACTOR may with prior approval of the
OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of
construction. The CONTRACTOR shall submit sufficient information to OWNER's
Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by the Contract Documents.
6.2.5.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which
to evaluate each proposal or submittal made pursuant to paragraph 6.2.5.1.1 and paragraph
6.2.5.1.2. The OWNER will be the sole judge of acceptability. No "approved equal" or
substitute shall be ordered, installed, or utilized until the OWNER's review is complete,
which will be evidenced by either a Change Order or completion of the Shop Drawing
review procedure. The OWNER may require the CONTRACTOR to furnish at the
CONTRACTOR's expense a special performance guarantee or other surety bond with respect
to any "approved equal" or substitute. The OWNER shall not be responsible for any delay
due to review time for any "approved equal" or substitute.
6.2.5.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in
support of any proposed "approved equal" or substitute item will be at the CONTRACTOR's
expense.
6.2.5.5 Special Guarantee: OWNER may require CONTRACTOR to furnish at
CONTRACTOR'S expense a special performance guarantee or other warranty bond with
respect to any substitute.
6.2.5.6 Effect of Engineer's Determination: If ENGINEER approves the substitution request,
CONTRACTOR shall execute any required documentation and proceed with the substitution.
The ENGINEER'S denial of a substitution request shall be final and binding, and may not be
reversed through an appeal under any provision of the Contract Documents.
GC - 16
6.2.6 Shop Drawings, Samples, and Other Submittals:
6.2.6.1 Shop Drawing and Sample Submittal Requirements:
.1 Before submitting a Shop Drawing or Sample, Contractor shall have:
a. reviewed and coordinated the Shop Drawing or Sample with other Shop
Drawings and Samples and with the requirements of the Work and the
Contract Documents;
b. determined and verified all field measurements, quantities, dimensions,
specified performance and design criteria, installation requirements,
materials, catalog numbers, and similar information with respect thereto;
c. determined and verified the suitability of all materials and equipment
offered with respect to the indicated application, fabrication, shipping,
handling, storage, assembly, and installation pertaining to the performance
of the Work; and
d. determined and verified all information relative to Contractor's
responsibilities for means, methods, techniques, sequences, and procedures
of construction, and safety precautions and programs incident thereto.
.2 Each submittal shall bear a stamp or specific written certification that Contractor has
satisfied Contractor's obligations under the Contract Documents with respect to
Contractor's review of that submittal, and that Contractor approves the submittal.
.3 With each submittal, Contractor shall give Engineer specific written notice of any
variations that the Shop Drawing or Sample may have from the requirements of the
Contract Documents. This notice shall be set forth in a written communication
separate from the Shop Drawings or Sample submittal; and, in addition, in the case
of Shop Drawings by a specific notation made on each Shop Drawing submitted to
Engineer for review and approval of each such variation.
6.2.6.2 Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop
Drawings and Samples to Engineer for review and approval in accordance with the accepted
Schedule of Submittals. Each submittal will be identified as Engineer may require.
.1 Shop Drawings:
a. Contractor shall submit the number of copies and format as required in the
Specifications.
b. Data shown on the Shop Drawings will be complete with respect to
quantities, dimensions, specified performance and design criteria, materials,
and similar data to show Engineer the services, materials, and equipment
Contractor proposes to provide and to enable Engineer to review the
information provided.
.2 Samples:
GC - 1.7
a. Contractor shall submit the number of Samples required in the
Specifications.
b. Contractor shall clearly identify each Sample as to material, Supplier,
pertinent data such as catalog numbers, the use for which intended and other
data as Engineer may require to enable Engineer to review the submittal.
.3 Where a Shop Drawing or Sample is required by the Contract Documents or the
Schedule of Submittals, any related Work performed prior to Engineer's review and
approval of the pertinent submittal will be at the sole expense and responsibility of
Contractor.
.4 After review and approval of Submittal, Shop Drawing or Sample by Engineer in
accordance with this section, Contractor may rely on the information provided by
Engineer. Work performed in accordance with an approved Submittal, Shop
Drawing, or Sample and the Contract Documents will be presumed to be acceptable
to Owner unless an actual defect in the Work is discovered.
6.2.6.3 Other Submittals: Contractor shall submit other submittals to Engineer in accordance
with the accepted Schedule of Submittals, and pursuant to the applicable terms of the
Specifications.
6.2.6.4 Engineer's Review:
.1 Engineer will provide timely review of Shop Drawings and Samples in accordance
with the Schedule of Submittals acceptable to Engineer. Engineer's review and
approval will be only to determine if the items covered by the submittals will, after
installation or incorporation in the Work, conform to the information given in the
Contract Documents and be compatible with the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents.
.2 Engineer's review and approval of a Shop Drawing or Sample shall not relieve
Contractor from responsibility for any variation from the requirements of the
Contract Documents unless Contractor has complied with the requirements of
Paragraph 6.2.5 and Engineer has given written approval of each such variation by
specific written notation thereof incorporated in or accompanying the Shop Drawing
or Sample. Engineer will document any such approved variation from the
requirements of the Contract Documents in a Field Order.
.3 Engineer's review and approval of a Shop Drawing or Sample, or of a variation
from the requirements of the Contract Documents, shall not, under any
circumstances, change the Contract Times or Contract Price, unless such changes
are included in a Change Order.
.4 Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing,
Sample, or other submittal shall result in such item becoming a Contract Document.
Cf14-
.5 Contractor shall perform the Work in compliance with the requirements and
commitments set forth in approved Shop Drawings and Samples subject to the
obligations and limitations provided in section 6.2.6.4.2 above.
6.2.6.5 Resubmittal Procedures:
.1 Contractor shall make corrections required by Engineer and shall return the required
number of corrected copies of Shop Drawings and submit, as required, new Samples
for review and approval. Contractor shall direct specific attention in writing to
revisions other than the corrections called for by Engineer on previous submittals.
.2 Contractor shall furnish required submittals with sufficient information and accuracy
to obtain required approval of an item with no more than three submittals. Engineer
will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop
Drawings, sample, or other item requiring approval, and Contractor shall be
responsible for Engineer's charges to Owner for such time. Owner may impose a
set -off against payments due to Contractor to secure reimbursement for such
charges.
.3 If Contractor requests a change of a previously approved submittal item, Contractor
shall be responsible for Engineer's charges to Owner for its review time, and Owner
may impose a set -off against payments due to Contractor to secure reimbursement
for such charges, unless the need for such change is beyond the control of
Contractor.
6.3 Progress Schedule:
6.3.1 Unless otherwise directed, the CON'T'RACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.4.2.1 as it may be adjusted from time to time as
provided below:
.1 The CONTRACTOR shall submit to OWNER for acceptance proposed adjustments
in the progress schedule that will not change the Contract Times or Milestones.
Such adjustments will conform generally to the progress schedule then in effect.
.2 Proposed adjustments in the progress schedule that will change the Contract
Times or Milestones shall be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a Change Order or Time
Extension Request in accordance with Article 12.
.3 The CONTRACTOR shall submit updated progress schedules with each application
for payment showing progress in the work and the plan for the progress of the work
thereafter.
.4 A current and updated progress schedule shall be posted at the site at all times.
GC - 1.9
6.4 Concerning Subcontractors, Suppliers and Others:
6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct
attention to the fulfillment of this Contract. The CONTRACTOR shall not assign this Contract
without the prior written consent of the OWNER.
6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ
any Subcontractor, Supplier or other person or organization, whether initially or as a substitute,
against whom the OWNER may have reasonable objection. The CONTRACTOR must
provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or
organizations it intends to use in the Work, and such list must be provided prior to the
preconstruction conference. Should the OWNER have objections, the OWNER will
communicate such objections by Written Notice.
6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors
and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms
and conditions of the Contract Documents for the benefit of the OWNER.
6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just
as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions.
6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating
the Work of Subcontractors, Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The
CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the Work to communicate with the OWNER
through the CONTRACTOR.
6.4.6 The divisions and sections of the Specifications and the identifications of any
Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be
performed by any specific trade.
6.5 Patent Fees and Royalties:
6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable
patents or copyrights encompassing, in whole or in part, any design, device, material, or
process utilized, directly or indirectly, in the performance of the Work or the formulation or
presentation of its Bid.
6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to
commencement of Work hereunder and at all times during the performance of same, for lawful
use of any design, device, material or process covered by letters, patent or copyright by suitable
legal agreement with the patentee, copyright holder, or their duly authorized representative
whether or not a particular design, device, material, or process is specified by the OWNER.
CfTMMU
6.5.3 THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR
INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY,
DEFEND, AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY,
DIRECT OR INDIRECT, ARISING WITH RESPECT TO THE CONTRACTOR'S
PROCESS IN THE FORMULATION OF ITS BID OR THE PERFORMANCE OF THE
WORK OR OTHERWISE ARISING IN CONNECTION THEREWITH. THE OWNER
RESERVES THE RIGHT TO PROVIDE ITS OWN DEFENSE TO ANY SUIT OR
CLAIM OF INFRINGEMENT OF ANY :PATENT OR COPYRIGHT IN WHICH EVENT
THE CONTRACTOR SHALL INDEMNIFY AND SAVE HARMLESS THE OWNER
FROM ALL COSTS AND EXPENSES OF SUCH DEFENSE AS WELL AS
SATISFACTION OF ALL JUDGMENTS ENTERED AGAINST THE OWNER.
6.6 Permits, Fees:
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain and
pay for all construction permits, licenses and fees required for prosecution of the Work.
OWNER will obtain and pay for the following permits, licenses and/or fees, if
required:
.1 Site Development Permit.
.2 Building Permit(s).
.3 Texas Department of Transportation permit for work in State rights -of -way.
.4 Railroad Utility License Agreement.
6.7 Laws and Regulations:
6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations
applicable to furnishing and performing the Work. Except where otherwise expressly required
by applicable laws and regulations, neither the OWNER nor ENGINEER shall be responsible
for monitoring the CONTRACTOR's compliance with any laws and regulations.
6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all
applicable Federal, State and local laws and regulations, including those concerning control
and abatement of water pollution and prevention and control of air pollution.
6.7.3 If the CONTRACTOR performs any Work knowing or having reason to know that it is
contrary to laws or regulations, then the CONTRACTOR shall bear all claims, costs, losses
and damages arising therefrom; however, it shall not be the CONTRACTOR's primary
responsibility to make certain that the Specifications and Drawings are in accordance with
laws and regulations, but this does not relieve the CONTRACTOR of the
CONTRACTOR's obligations under Article 3.
GC -21
6.8 Taxes:
6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required
to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of
Texas.
6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Texas Tax
Code and is thereby exempt from payment of sales tax. To enjoy the cost - savings benefits of its
tax - exempt status, the OWNER will provide a Tax Exemption Certificate to the
CONTRACTOR for use on the Project. The CONTRACTOR shall use that certificate to
exempt any purchases made for the Work from taxes. All savings for the tax - exempt status will
be passed on to the OWNER by the CONTRACTOR. The CONTRACTOR agrees to bind all
SUBCONTRACTORS of any tier to the obligation to present and use the Tax Exemption
Certificate and pass all savings to the OWNER.
6.9 Use of Premises:
6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials
and equipment and the operations of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas permitted by laws and
regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the
premises with construction equipment or other materials or equipment. The CONTRACTOR
shall assume full responsibility for any damage to any such land or area, or to the OWNER
or occupant thereof or of any adjacent land or areas, resulting from the performance of the
Work. Should any claim be made by any such owner or occupant because of the
performance of the Work, the CONTRACTOR shall promptly settle with such other party by
negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. THE
CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE
OWNER, ENGINEER, ENGINEER'S CONSULTANTS AND ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY IT, FROM AND AGAINST ALL CLAIMS, COSTS,
LOSSES AND DAMAGES (INCLUDING COURT COSTS AND REASONABLE
ATTORNEYS' FEES) ARISING OUT OF OR RESULTING FROM ANY CLAIM OR
ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH OWNER OR
OCCUPANT AGAINST THE OWNER, ENGINEER OR ANY OTHER PARTY
INDEMNIFIED HEREUNDER TO THE EXTENT CAUSED BY OR BASED UPON
PERFORMANCE OF THE WORK OR FAILURE TO PERFORM THE WORK.
6.9.2 During the progress of the Work, the CONTRACTOR shall keep the premises free
from accumulations of waste materials, rubbish and other debris resulting from the Work. At
the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish
and debris from and about the premises as well as all tools, appliances, construction equipment
and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready
for occupancy by the OWNER at Substantial Completion. The CONTRACTOR shall, at a
minimum, restore to original condition all property not designated for alteration by the Contact
Documents.
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6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall the CONTRACTOR subject any
part of the Work or adjacent property to stresses or pressures that will endanger it.
6.10 Record Documents:
The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to
the OWNER, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders,
Change Directives, Field Orders and written interpretations and clarifications (issued pursuant
to paragraph 9.5) in good order and annotated to show all changes made during construction.
These record documents, together with all final samples and all final Shop Drawings, will be
available to the OWNER and ENGINEER for reference during performance of the Work.
Prior to Final Acceptance of the Work, these record documents, samples and Shop Drawings
shall be promptly delivered to the OWNER. Delivery of these record documents is a condition
precedent to Final Completion.
6.11 Safety and Protection:
6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Upon request, and prior to
installation of measures, the CONTRACTOR shall submit a site security plan for approval by
the OWNER. By reviewing the plan or making recommendations or comments, the OWNER
will not assume liability nor will the CONTRACTOR be relieved of liability for damage,
injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and
shall provide the necessary protection to prevent damage, injury or loss to:
.1 all persons on the Work site or who maybe affected by the Work;
.2 all the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site; and
.3 other property at the site or adjacent thereto, including but not limited to, trees,
shrubs, lawns, walks, pavements, roadways, structures, utilities and underground
facilities not designated for removal, relocation or replacement in the course of
construction.
6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any
public body having jurisdiction for safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety
and protection. The CONTRACTOR shall notify OWNERS of adjacent property and of
underground facilities, and utility owners when prosecution of the Work may affect them, and
shall cooperate with them in the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and
paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR,
shall be remedied by the CONTRACTOR. The CONTRACTOR's duties and responsibilities
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for safety and protection of the Work shall continue until such time as all the Work is finally
complete.
6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and
programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or
other documentation of the safety representative's qualifications.
6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or other hazard communication
information required to be made available to or exchanged between or among employers at the
site in accordance with laws and regulations.
6.11.5 Emergencies:
6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the
site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from
the OWNER or ENGINEER, is obligated to act reasonably to prevent threatened damage,
injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give
Owner's Representative prompt written notice if the CONTRACTOR believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If Owner's Representative determines that a change in the Contract Documents is
required because of the action taken by the CONTRACTOR in response to such an
emergency, a Change Directive or Change Order will be issued to document the
consequences of such action; otherwise the OWNER will not be responsible for the
CONTRACTOR's emergency action.
6.11.5.2 In the event there is an accident involving injury to any individual on or near the
Work, the CONTRACTOR shall notify Owner's Representative within twenty -four (24)
hours of the event and shall be responsible for recording the location of the event and the
circumstances surrounding the event through photographs, interviewing witnesses, obtaining
medical reports and other documentation that describes the event. Copies of such
documentation shall be provided to Owner's Representative, for the OWNER's and
ENGINEER's records, within forty -eight (48) hours of the event. Nothing in this section will
relieve CONTRACTOR of its obligations and responsibilities with respect to an injury under
any state and federal laws and regulations.
6.12 Continuing the Work:
The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR
may agree in writing.
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6.13 CONTRACTOR's General Warranty and Guarantee:
6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be
performed in a good and workmanlike manner in accordance with the Contract Documents
and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes
defects or damage caused by:
.1 abuse, modification or improper maintenance or operation by persons other than the
CONTRACTOR, Subcontractors or Suppliers; or
.2 normal wear and tear under normal usage.
6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and
workmanlike manner in accordance with the Contract Documents shall be absolute. None of
the following will constitute acceptance of Work not in accordance with the Contract
Documents or a release of the CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
.1 observations by OWNER and/or ENGINEER;
.2 recommendation of any progress or final payment by OWNER;
.3 the issuance of a certificate of Substantial. Completion or any payment by the
OWNER to the CONTRACTOR under the Contract Documents;
.4 use or occupancy of the Work or any part thereof by the OWNER;
.5 any acceptance by the OWNER or any failure to do so;
.6 any review of a Shop Drawing or sample submittal;
.7 any inspection, test or approval by others; or
.8 any correction of defective Work by the OWNER.
6.13.3 The Contractor warrants and guarantees for one (1) year from Substantial Completion,
or for a longer period if expressly stated in the Contract Documents, the Work. This includes a
Warranty and Guarantee against any and all defects. The Contractor must correct any and all
defects in material and/or workmanship which may appear during the Warranty and Guarantee
period, or any defects that occur within one (1) year of Substantial Completion even if
discovered more than one (1) year after Substantial Completion, by repairing (or replacing with
new items or new materials, if necessary) any such defect at no cost to the Owner, within a
reasonable period of time, and to the Owner's satisfaction.
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6.14 Indemnification:
6.14.1 THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS
THE OWNER, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND
CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES AND
DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF
ENGINEERS, ARCHITECTS, ATTORNEYS AND OTHER PROFESSIONALS AND ALL
COURT OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR
RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY
SUCH CLAIM, COST, LOSS OR DAMAGE:
.l IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR
DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE
PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS
OF USE RESULTING THEREFROM, AND
.2 IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR
OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, ANY
SUPPLIER, ANY PERSON OR ORGANIZATION DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM OR
FURNISH ANY OF THE WORK OR ANYONE FOR WHOSE ACTS ANY
OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT
CAUSED IN PART BY ANY NEGLIGENCE OR OMISSION OF A PERSON
OR ENTITY INDEMNIFIED HEREUNDER OR WHETHER LIABILITY IS
IMPOSED UPON SUCH INDEMNIFIED PARTY BY LAWS AND
REGULATIONS REGARDLESS OF THE NEGLIGENCE OF ANY SUCH
PERSON OR ENTITY.
6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way
by any limitation on the amount or type of damages, or compensation or benefits payable by
or for the CONTRACTOR or any such Subcontractor, Supplier or other person or
organization under workers' compensation acts, disability benefit acts or other employee
benefit acts.
6.14.3 In the event the CONTRACTOR unreasonably delays progress of the work being
done by others on the site so as to cause loss for which the OWNER becomes liable, then.
the CONTRACTOR shall reimburse the OWNER for such loss.
6.15 Survival of Obligations:
6.15.1 All representations, indemnifications, warranties and guarantees made in, required by
or given in accordance with the Contract Documents, will survive final payment, completion
and acceptance of the Work and termination or completion of the Agreement.
RENEE
6.16 Force Majeure
6.16.1 If Contractor's performance or progress is delayed, disrupted, or interfered with by
unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those
for which they are responsible, then Contractor shall be entitled to an equitable adjustment in
Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned
on such adjustment being essential to Contractor's ability to complete the Work within the
Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the
delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or
interference that may give rise to an adjustment in Contract Times under this paragraph include
but are not limited to the following:
1. severe and unavoidable natural catastrophes such as fires, floods, epidemics,
and earthquakes;
2. abnormal weather conditions;
3. acts or failures to act of utility owners (other than those performing other work
at or adjacent to the Site by arrangement with the Owner, as contemplated in
Article 7); and
4. acts of war or terrorism.
6.17 Notice of Claim:
6.17.1 Should the CONTRACTOR suffer injury or damage to person or property because of
any error, omission or act of the OWNER or of any of the OWNER's employees or agents or
others for whose acts the OWNER is liable, a Claim will be made to the other party within
ninety (90) calendar days of the event giving rise to such injury or damage. The provisions
of this paragraph shall not be construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or statute of repose.
ARTICLE 7 - OTHER WORK
7.1 The OWNER may perform other work related to the Project at the site by the
OWNER's own forces, or let other contracts therefor, or have other work performed by
utility owners. If the CONTRACTOR believes that delay or additional cost is involved
because of such action by the OWNER, the CONTRACTOR may make a Claim as
provided in Article 11 or Article 12.
7.2 The CONTRACTOR shall afford other contractors who are in a contract with the
OWNER and each utility owner (and the OWNER, if the OWNER is performing the
additional work with the OWNER's employees) proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and coordinate the Work with theirs.
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required to make its several parts
come together properly and integrate with such other work. The CONTRACTOR shall not
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endanger any work of others by cutting, excavating or otherwise altering their work and will
only cut or alter their work with the written consent of Owner's Representative and the other
contractors whose work will be affected. The CONTRACTOR shall promptly remedy
damage wrongfully caused by the CONTRACTOR to completed or partially completed
construction or to property of the OWNER or separate contractors.
7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends
upon work performed by others under this Article 7, the CONTRACTOR shall inspect such
other work and promptly report to Owner's Representative in writing any delays, defects or
deficiencies in such other work that render it unavailable or unsuitable for the proper
execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report
will constitute an express waiver of claims and an acceptance of such other work as fit and
proper for integration with the CONTRACTOR's Work except for latent or non - apparent
defects and deficiencies in such other work.
7.4 The OWNER shall provide for coordination of the activities of the OWNER's own
forces and of each separate contractor with the Work of the CONTRACTOR, who shall
cooperate with them. The CONTRACTOR shall participate with other separate contractors
in reviewing their construction schedules when directed to do so. The CONTRACTOR shall
make any revisions to the construction schedule deemed necessary after a joint review and
mutual agreement. The construction schedules shall then constitute the schedules to be used
by the CONTRACTOR, separate contractors and the OWNER until subsequently revised.
7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed
activities or defective construction shall be borne by the party responsible therefor.
8.1 Prior to the start of construction, the OWNER will designate in writing a person or
entity to act as Owner's Representative during construction. Except as otherwise provided in
these General Conditions, the OWNER shall issue all communications to the CONTRACTOR
through Owner's Representative. This section shall not limit the ENGINEER'S role as the
OWNER's design professional or its ability to communicate with the CONTRACTOR to
ensure the Work complies with the Contract Documents.
8.2 The OWNER will not supervise, direct, control or have authority over or be
responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures
of construction or the safety precautions and programs incident thereto. The OWNER is not
responsible for any failure of the CONTRACTOR to comply with laws and regulations
applicable to furnishing or performing the Work. The OWNER is not responsible for the
CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract
Documents. Failure or omission of the OWNER to discover, or object to or condemn any
defective Work or material shall not release the CONTRACTOR from the obligation to
properly and fully perform the Contract.
CfT- :
8.3 Information or services under the OWNER's control shall be furnished by the
OWNER with reasonable promptness to avoid delay in the orderly progress of the Work.
8.4 The foregoing are in addition to other duties and responsibilities of the OWNER
enumerated herein and especially those in respect to Article 4 (Availability of Lands;
Subsurface and Physical Conditions; Reference Points), Article 7 (Other Work) and Article 14
(Payments to the CONTRACTOR and Completion).
8.5 Notice of Claim:
8.5.1 Should the OWNER suffer injury or damage to person or property because of any
error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees
or agents or others for whose acts the CONTRACTOR is liable, a Claim will be made to
the other party within ninety (90) calendar days of the event giving rise to such injury or
damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver
of the provisions of any applicable statute of limitations or statute of repose.
ARTICLE 9 - ENGINEER STATUS DURING CONSTRUCTION
9.1 ENGINEER's Authority and Responsibilities:
9.1.1 The duties and responsibilities and the limitations of authority of ENGINEER during
construction are set forth in the Contract Documents and shall not be extended without
written consent of the OWNER and ENGINEER. The assignment of any authority, duties
or responsibilities to ENGINEER under the Contract Documents, or under any agreement
between the OWNER and ENGINEER, or any undertaking, exercise or performance
thereof by ENGINEER, is intended to be for the sole and exclusive benefit of the OWNER
and is not for the benefit of the CONTRACTOR, Subcontractor, Sub - subcontractor, Supplier,
or any other person or organization, or for any surety or employee or agent of any of them.
9.1.2 If the OWNER so directs, ENGINEER will review the final Application for Payment
and accompanying documentation and all maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection, tests and approvals and other
documentation required to be delivered by Article 14, but only to determine generally that
their content complies with the requirements of, and in the case of certificates of
inspections, tests and approvals that the results certified indicate compliance with, the Contract
Documents.
9.1.3 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall
also apply to ENGINEER's Consultants, Resident Project Representative and assistants.
Cf14im
9.2 ENGINEER as Owner's Representative:
9.2.1 The OWNER may designate the ENGINEER as the Owner's Representative. Any such
designation will be made in writing to the CONTRACTOR with a copy to the
ENGINEER.
9.3 Visits to Site:
9.3.1 If the OWNER so directs, ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as is necessary in order to observe as an
experienced and qualified design professional the progress that has been made and the
quality of the various aspects of the CONTRACTOR's executed Work. Based on
information obtained during such visits and observations, ENGINEER will endeavor for
the benefit of the OWNER to determine if the Work is proceeding in accordance with the
Contract Documents. ENGINEER's efforts will be directed toward providing for the OWNER
a greater degree of confidence that the completed Work will conform to the Contract
Documents. On the basis of such visits and on -site observations, ENGINEER will keep the
OWNER informed of the progress of the Work and will endeavor to guard the OWNER
against defective Work.
9.4 Project Representative:
9.4.1 If the OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project
Representative to assist ENGINEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations of any such Resident Project
Representative and assistants will be as provided in paragraph 9.1. The OWNER may
designate another representative or agent to represent the OWNER at the site who is not
ENGINEER, ENGINEER's consultant, agent or employee.
9.5 ENGINEER shall review and approve Shop Drawings and Samples in accordance with
section 6.2.6.
9.6 Clarifications and Interpretations:
9.6.1 ENGINEER may determine that written clarifications or interpretations of the
requirements of the Contract Documents (in the form of drawings or otherwise) are necessary.
Such written clarifications or interpretations will be consistent with the intent of and reasonably
inferable from the Contract Documents, will be issued with reasonable promptness. The
CONTRACTOR may seek a written clarification or interpretation from the engineer through a
written Request for Information (RFI). The ENGINEER shall respond to all RFI's promptly. If
the OWNER or the CONTRACTOR believes that a written clarification or interpretation
justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the
CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12.
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9.7 Rejecting Defective Work:
9.7.1 ENGINEER will recommend that the OWNER disapprove or reject Work which
ENGINEER believes to be defective, or believes will not produce a completed Project that
conforms to the Contract Documents or will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by the Contract Documents.
ARTICLE 10 - CHANGES IN THE WORK
10.1 Changes:
10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER may,
at any time or from time to time, order additions, deletions or revisions in the Work. Such
changes in the Work will be authorized by Change Order, Change Directive or Field Order.
10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in
the Change Order, Change Directive or Field Order.
10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or
an extension of the Contract Times with respect to any Work performed that is not required by
the Contract Documents as amended, modified and supplemented as provided in paragraph
3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph
6.11.5 or in the case of uncovering Work as provided in paragraph 13.4.
10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change
Order or Change Directive is required before the CONTRACTOR commences any activities
associated with a change in the Work which, in the CONTRACTOR's opinion, will result in a
change in the Contract Amount and/or Contract Times.
10.2 Change Orders:
10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders
covering:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Amount, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of
adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the
OWNER as a result of the occurrence or event causing the change in the Work encompassed
by the Change Order.
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10.3 Change Directives:
10.3.1 The OWNER may by written Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting of additions,
deletions or other revisions, the Contract Amount and Contract Time being adjusted as
necessary. A Change Directive shall be used in the absence of complete and prompt
agreement on the terms of a Change Order.
10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the
adjustment shall be based on the method provided for in paragraph 11.5.
10.3.3 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the
change in the Work involved.
10.4 Field Order:
10.4.1 The OWNER or ENGINEER may authorize minor variations in the Work from the
requirements of the Contract Documents which do not involve an adjustment in the Contract
Amount or the Contract Times and are compatible with the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents. These shall be
accomplished by written Field Order and shall be binding on the CONTRACTOR who shall
perform the Work involved promptly.
10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in
the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request
to The Owner for a Change Order. Any request by the CONTRACTOR for an adjustment in
Contract Amount and/or Contract Times shall be made in writing prior to beginning the work
covered by the Field Order.
10.5 No Damages for Delay:
10.5.1 The CONTRACTOR shall receive no compensation for delays or hindrances to the
Work. CONTRACTOR expressly waives any right to an adjustment in Contract Price for any
event of delay. CONTRACTOR's sole remedy for any delay shall be limited to an adjustment
in Contract Time. If delay is caused by specific orders given by the OWNER to stop work or
by performance of extra Work or by failure of the OWNER to provide information, access to
the work, material or necessary instructions for carrying on the Work, then such delay will
entitle the CONTRACTOR to an extension of time. No such extension of time shall
release the CONTRACTOR from all the CONTRACTOR's obligations hereunder which
shall remain in full force until discharge of the Contract.
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ARTICLE 11 - CHANGE OF CONTRACT AMOUNT
11.1 The Contract Amount is stated in the Agreement and, including authorized
adjustments, is the total amount payable by the OWNER to the CONTRACTOR for
performance of the Work under the Contract Documents.
11.2 The original Contract Amount may not be increased by more than twenty -five percent
(25 %) and it may not be decreased more than twenty -five percent (25 %) without the
consent of the CONTRACTOR to such decrease.
11.3 The Contract Amount shall only be changed by a Change Order or Change Directive.
Any claim for an adjustment in the Contract Amount shall be made by Written Notice
delivered by the party making the Claim to the other party promptly (but in no event later
than ninety (90) calendar days) after the start of the occurrence or event giving rise to the
Claim and stating the general nature of the Claim. Notice of the amount of the Claim with
supporting data shall be delivered with the Written Notice of Claim delivered by claimant to
the extent the data is available, and shall represent that the adjustment claimed covers all
known amounts to which claimant is entitled as a result of said occurrence or event. If the
OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the
Contract Amount shall be determined as set out in Article 1.6.
11.4 Determination of Value of Work:
11.4.1 The value of any Work covered by a Change Order or of any Claim for an
adjustment in the Contract Amount will be determined by one or more of the following
methods:
.1 by application of unit prices contained in the Contract Documents to the
quantities of the items involved.
.2 by a mutually agreed lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation.
.3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and
profit (determined as provided in paragraph 11.5).
11.4.2A Cost of Work determined pursuant to 11.5 shall only be used if the OWNER
and CONTRACTOR cannot resolve a value determination by agreement on unit pricing
or lump sum.
11.5 Cost of Work:
11.5.1 If an agreement cannot be achieved before a change in the Work is commenced which
will result in an adjustment in the Contract Amount, then the change in the Work will be
performed by a Change Directive and payment will be made as follows:
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.l For all personnel, the CONTRACTOR will receive the rate or wage specified in the
prevailing wage rate determination applicable to the Project. If the rate
determination does not contain burden, then burden shall be calculated as such:
55% of the base wage excluding markup for CONTRACTOR's overhead and profit.
For each hour that said personnel are actually engaged in such Work, to which will
be added an amount equal to twenty -five percent (25 %) of the sum thereof as
compensation for the CONTRACTOR's total overhead and profit will be added. No
separate charge will be made by the CONTRACTOR for organization or overhead
expenses. The actual cost of the CONTRACTOR's bond(s) on the extra Work will
be paid based on invoices from surety. No charge for superintendence will be made
unless considered necessary and ordered by the OWNER.
.2 The CONTRACTOR will receive the actual cost, including freight charges, of the
materials used on such Work, to which costs will be added a sum equal to twenty -
five percent (25 %) thereof as compensation for the CONTRACTOR's total
overhead and profit. In case material invoices indicate a discount may be taken, the
actual cost will be the invoice price minus the discount.
.3 For machinery, trucks, power tools, or other similar equipment agreed to be
necessary by the OWNER and the CONTRACTOR, the OWNER will allow the
CONTRACTOR the rate as given in the latest edition of the Associated General
Contractors of America "Contractor's Equipment Cost Guide" as published by
Dataquest for each hour that said tools or equipment are in use on such work, which
rate includes the cost of fuel, lubricants and repairs. No additional compensation
will be allowed on the equipment for the CONTRACTOR's overhead and profit.
.4 The compensation, as herein provided for, shall be received by the
CONTRACTOR and any affected Subcontractor as payment in full for work done
by Change Directive and will include use of small tools, and total overhead
expense and profit. The CONTRACTOR and the Owner's Representative shall
compare records of work done by Change Directive at the end of each day.
Copies of these records will be made upon forms provided for this purpose by
the OWNER o r E N G IN E E R and signed by both Owner's Representative and
the CONTRACTOR, with one (1) copy being retained by the OWNER and one
(1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records
does not invalidate the accuracy of the record.
11.6 Unit Price Work:
11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price
Work, initially the Contract Amount will be deemed to include for all unit price work an
amount equal to the sum of the established unit price for each separately identified item of
unit price work times the estimated quantity of each item as indicated in the Bid. The
estimated quantities of items of unit price work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Amount. Determinations of
the actual quantities and classifications of unit price work performed by the
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CONTRACTOR will be made by the ENGINEER. OWNER and ENGINEER will review
with the CONTRACTOR the preliminary determinations on such matters before rendering a
written decision thereon (by recommendation of an Application for Payment or otherwise).
11.6.2 Each unit price will be deemed to include an amount considered by the CONTRACTOR
to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified
item.
11.6.3 Right to Verify Information: The CONTRACTOR agrees that any designated
representative of the OWNER shall have the right to examine the CONTRACTOR's records
to verify the accuracy and appropriateness of the pricing data used to price change proposals.
12.1 Working Day and Calendar Day Contracts:
12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time
Extension Request duly executed by both the CONTRACTOR and the OWNER. Any claim
for an adjustment of the Contract Times (or Milestones) shall be made by Written Notice
delivered by the party making the Claim to the other party promptly after the start of the
occurrence or event giving rise to the delay and stating the general nature of the delay.
Notice of the extent of the delay with supporting data shall be delivered with the Written
Notice of Claim, and shall represent that the adjustment claimed is the entire adjustment to
which claimant is entitled as a result of said occurrence or event. If the OWNER and the
CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or
Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the
Contract Times (or Milestones) will be valid if not submitted in accordance with the
requirements of this paragraph.
12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that
corrections in the Work can be made by the CONTRACTOR, then no extension in time will be
allowed.
12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within
the Contract Times (or Milestones) due to delay beyond the control of both the OWNER and
the CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal
to the time lost due to such delay shall be the CONTRACTOR's sole and exclusive remedy
for such delay. However, adverse weather shall not be considered justification for extension of
Contract Times on Calendar Day contracts except as provided for in paragraph 1.2.2.
12.1.4 The OWNER will consider time extension requests and may grant the
CONTRACTOR an extension of time because of:
.1 Changes ordered in the work which justify additional time.
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.2 Failure of materials or products being at the Project site due to delays in
transportation or delivery, which are not the result of the CONTRACTOR's,
Subcontractor's or Supplier's negligence. The request for an extension of time shall
be supported by a recitation of acts demonstrating that such delays were beyond
the control of the CONTRACTOR, including but not limited to, the
CONTRACTOR's efforts to overcome such delays documented as follows:
a) Copy of purchase order for delayed item(s) indicating date ordered by the
CONTRACTOR/Subcontractor and date purchase order received by Supplier.
b) If item(s) require Shop Drawings or other submittal information in accordance
with the Contract Documents, provide record of date submittal(s) forwarded to
Owner's Representative, date submittal(s) returned to the CONTRACTOR, and
date submittal(s) forwarded to Supplier.
c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s)
item(s) would be ready for shipment and /or actual shipment date(s).
d) Copies of all correspondence between the CONTRACTOR/ Subcontractor
and Supplier indicating the CONTRACTOR/ Subcontractor's efforts to expedite
item(s).
e) If item(s) are being purchased by a Subcontractor, provision of meeting notes,
correspondence, and the like which reflect the CONTRACTOR's efforts with
the Subcontractor to expedite delivery of the item(s).
.3 When acts of the OWNER, ENGINEER, utility owners or other contractors
employed by the OWNER delay progress of work through no fault of the
CONTRACTOR.
.4 Events of delay listed in section 6.16.
12.2 Calendar Day Contracts:
Under a Calendar Day Contract, Contractor may also be granted an extension of time because
of unusual inclement weather, which is beyond the normal weather recorded and expected for
[insert locality for project], Texas. Normal rainfall complied by the State climatologist, based
on U.S. Weather Bureau Records for [insert locality for project], Texas, is considered a part of
the Calendar Day Contract, and is not a justification for an extension of time. Listed as follows
are the mean number of days in which there occurred 0.10 inch or more of precipitation:
January .................................................
4 days
February----------------------------------------
- - - - -- 3 days
March--------------------------------------------
- - - - -- 4 days
April-------------------------------------------------
- - - - -3 days
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May--------------------------------------------------
- - - - -5 days
June--------------------------------------------------
- - - - -5 days
July---------------------------------------------------
- - - - -3 days
August---------------------------------------------
- - - - -3 days
September-------------------------------------
- - - - -- 4 days
October--------------------------------------------
- - - --5 days
November----------------------------------------
- - - - -3 days
December--------------------------------------
- - - - -- 3 days
Rain days per month in amounts exceeding the number of days shown above may be credited
as a Rain Day if a Claim is made in accordance with the general conditions and meets the
following definition: a "Rain Day" is any day in which a rain event occurs at the site and is
sufficient to prevent Contractor from performing units of Work critical to maintaining the
project schedule.
ARTICLE 13 - TESTS AND INSPECTIONS, CORRECTION OR REMOVAL OF
DEFECTIVE WORK
13.1 Notice of Defects:
13.1.1 Prompt notice of all defective Work of which the OWNER or ENGINEER has
actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected
or corrected as provided for in Article 13.
13.2 Access to Work:
13.2.1 The OWNER, ENGINEER, ENGINEER's Consultants, other representatives and
personnel of the OWNER, independent testing laboratories and governmental agencies having
jurisdiction will have unrestricted physical access to the Work site for observing, inspecting
and testing. The CONTRACTOR shall provide them proper and safe conditions for such
access, and advise them of the CONTRACTOR's site safety procedures and programs so that
they may comply therewith as applicable.
13.3 Tests and Inspections:
13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required
inspections, tests or approvals, and shall cooperate with inspection and testing personnel to
facilitate required inspections or tests.
13.3.2 The CONTRACTOR shall employ and pay for services of an independent testing
laboratory to perform all inspections, tests or approvals required by the Contract Documents
except:
GC -37
.1 for inspections, tests or approvals covered by paragraph 1.3.3.3 below;
.2 for re- inspecting or retesting defective Work; and
.3 as otherwise specifically provided in the Contract Documents.
All testing laboratories shall be submitted to and approved by the OWNER.
13.3.3 If laws or regulations of any public body having jurisdiction require any Work (or part
thereof) specifically to be inspected, tested or approved by an employee or other
representative of such public body, the CONTRACTOR shall assume full responsibility for
arranging and obtaining such inspections, tests or approvals, pay all costs in connection
therewith and furnish Owner's Representative the required certificates of inspection or
approval. The CONTRACTOR shall also be responsible for arranging and obtaining and
shall pay all costs in connection with any inspections, tests or approvals required for the
OWNER's and ENGINEER's review of materials or equipment to be incorporated in the
Work, or of materials, mix designs or equipment submitted for review prior to the
CONTRACTOR's purchase thereof for incorporation in the Work.
13.4 Uncovering Work:
13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is
covered by the CONTRACTOR without OWNER's or ENGINEER's concurrence, or if any
Work is covered contrary to the OWNER's written request, it must, if requested by the
OWNER or ENGINEER, be uncovered and recovered at the CONTRACTOR's expense.
13.4.2 ENGINEER has the authority to require special inspection or testing of the Work,
whether or not the Work is fabricated, installed, or completed.
13.4.3 If any Work is covered contrary to the written request of ENGINEER, then
CONTRACTOR shall, if requested by ENGINEER, uncover such Work for ENGINNEER's
observation, and then replace the covering, all at CONTRACTOR's expense.
13.4.4 If ENGINEER considers it necessary or advisable that covered Work be observed by
ENGINEER or inspected or tested by others, then CONTRACTOR, upon OWNER's approval
and ENGINEER's request, shall uncover, expose, or otherwise make available for observation,
inspection, or testing as ENGINEER may require, that portion of the Work in question, and
provide all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, CONTRACTOR shall be
responsible for all claims, costs, losses, and damages arising out of or relating to
such uncovering, exposure, observation, inspection, and testing, and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); and pending CONTRACTOR's full discharge of
Cf1S-
this responsibility the Owner shall be entitled to impose a reasonable set -off against
payments due under Article 15.
2. If the uncovered Work is not found to be defective, CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Times, or
both, directly attributable to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are unable to agree as to the
amount or extent thereof, then CONTRACTOR may submit a Change Proposal
within 30 days of the determination that the Work is not defective.
13.5 OWNER May Stop the Work:
13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled
workers or suitable materials or equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract Documents, the OWNER may
order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such
order has been eliminated.
13.5.2 A notice to stop the Work, based on causes listed in 13.5.1, shall not stop calendar or
working days charged to the Project.
13.6 Correction or Removal of Defective Work:
13.6.1 If required by the OWNER, the CONTRACTOR shall promptly, as directed, either
correct all defective Work, whether or not fabricated, installed or completed, or, if the Work
has been rejected by Owner's Representative, remove it from the site and replace it with Work
that is not defective. The CONTRACTOR shall correct or remove and replace defective Work,
or submit a plan of action detailing how the deficiency will be corrected, within the time
frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims,
costs, losses and damages caused by or resulting from such correction or removal (including
but not limited to all costs of repair or replacement of work of others).
13.7 Warranty period:
13.7.1 If within one year after the date of Substantial Completion (or such longer period of
time as may be prescribed by the terms of any applicable special guarantee required by the
Contract Documents, or by any specific provision of the Contract Documents), any Work is in
need of repair, adjustment, modification, correction, or found to be defective, or if the repair of
any damages to the Site, adjacent areas that CONTRACTOR has arranged to use through
construction easements or otherwise, and other adjacent areas used by CONTRACTOR, is
found to be defective, then CONTRACTOR shall promptly, without cost to OWNER and in
accordance with OWNER's written instructions:
1. correct the defective repairs to the Site or such other adjacent areas;
2. correct such defective Work;
GC -39
3. if the defective Work has been rejected by OWNER, remove it from the Project and
replace it with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to
the work of others, or to other land or areas resulting therefrom.
13.7.2 If CONTRACTOR does not promptly comply with the terms of OWNER's written .
instructions, or in an emergency where delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or repaired or may have the rejected Work
removed and replaced. CONTRACTOR shall pay all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or
relating to such correction or repair or such removal and replacement (including but not limited
to all costs of repair or replacement of work of others).
13.7.3 In special circumstances where a particular item of equipment is placed in continuous
service before Substantial Completion of all the Work, the correction period for that item may
start to run from an earlier date if so provided in the Specifications.
13.7.4 Where defective Work (and damage to other Work resulting therefrom) has been
corrected or removed and replaced under this paragraph, the correction period hereunder with
respect to such Work will be extended for an additional period of one year after such correction
or removal and replacement has been satisfactorily completed.
13.7.5 CONTRACTOR's obligations under this paragraph are in addition to all other
obligations and warranties. The provisions of this paragraph shall not be construed as a
substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.
13.8 OWNER May Correct Defective Work:
13.8.1 If the CONTRACTOR fails within a reasonable time after Written. Notice of the
OWNER to correct defective Work, or to remove and replace rejected Work, or if the
CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if
the CONTRACTOR fails to comply with any other provision of the Contract Documents, the
OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct
and remedy any such deficiency. In exercising the rights and remedies under this paragraph,
the OWNER shall proceed expeditiously. In connection with such corrective and remedial
action, the OWNER may exclude the CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend the CONTRACTOR's services related
thereto, and incorporate in the Work all materials and equipment stored at the site or for which
the OWNER has paid the CONTRACTOR but which are stored elsewhere. The
CONTRACTOR shall allow the OWNER, its agents and employees, the OWNER's other
contractors, ENGINEER and ENGINEER's consultants access to the site to enable the
OWNER to exercise the rights and remedies under this paragraph. CONTRACTOR shall be
liable to OWNER for all claims, costs, losses and damages incurred or sustained by the
Ri I'm
OWNER in exercising such rights and remedies will be charged against the CONTRACTOR.
Such claims, costs, losses and damages will include but not be limited to all costs of repair or
replacement of work of others destroyed or damaged by correction, removal or replacement of
the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an
extension of the Contract Times (or Milestones), or claims of damage because of any delay
in the performance of the Work attributable to the exercise by the OWNER of the OWNER's
rights and remedies hereunder.
14.1 Application for Progress Payment:
14.1.1 Not more than once per month, the CONTRACTOR shall submit to ENGINEER for
review an Application for Payment, in a form acceptable to the OWNER, filled out and
signed by the CONTRACTOR covering the Work completed as of the date of the
Application and accompanied by such supporting documentation as is required by the
Contract Documents.
14.1.2 Such applications shall not include requests for payment of amounts the
CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or
other reason.
14.1.3 Owner will pay for materials or equipment not incorporated in the work but
delivered and suitably stored at the site. Unless specifically authorized by OWNER, payment
fro materials stored off -site will not be made unless and until those materials are delivered to
the jobsite and suitably stored or incorporated into the Work.
14.1.4 The OWNER will pay to the CONTRACTOR the total amount of approved
Application for Payment, less five percent (5 %) of the amount thereof, which five percent
(5 %) will be retained until final payment, less all previous payments and less all sums that
may be retained by the OWNER under the terms of this Agreement. In either case, if the
Work is near completion and delay occurs due to no fault or neglect of the
CONTRACTOR, the OWNER may pay a portion of the retained amount to the
CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the
obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment
of the balance due under the Contract subject to the conditions stated under paragraph 15.2.
.1 If the Contract Agreement entered into between the OWNER and the
CONTRACTOR has as Contract Sum of four - hundred thousand dollars ($400,000)
or less, the percentage to be withheld from Applications for Payment as retainage
shall be increased to ten (10 %) percent.
14.1.5 Applications for Payment shall include the following documentation:
.1 updated progress schedule;
GC -41.
.2 monthly subcontractor report; and
.3 any other documentation required under any Supplemental General Conditions.
14.2 CONTRACTOR's Warranty of Title:
14.2.1 The CONTRACTOR warrants and guarantees that title to all Work, materials and
equipment covered by any Application for Payment, whether incorporated in the Project or
not, will pass to the OWNER not later than the time of payment to the CONTRACTOR free
and clear of all liens.
14.3 Review of Applications for Progress Payment:
14.3.1 ENGINEER will, within seven (7) calendar days after receipt of each Application for
Payment, either indicate a recommendation for payment and forward the Application for
processing by the OWNER, or return the Application to the CONTRACTOR indicating
ENGINEER's reasons for refusing to recommend payment. In the latter case, the
CONTRACTOR may make the necessary corrections and resubmit the Application.
14.3.2 ENGINEER's recommendation of any payment requested in an Application for
Payment will constitute a representation by ENGINEER, based upon ENGINEER's on -site
observations of the executed Work and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that to the best of ENGINEER's
knowledge, information and belief:
.1 the Work has progressed to the point indicated; and
.2 the quality of the Work is in accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract
Documents, and to any other qualifications stated in the recommendation).
14.3.3 By recommending any such payment, ENGINEER will not thereby be deemed to
have represented that:
.1 exhaustive or continuous on -site inspections have been made to check the quality
or the quantity of the Work;
.2 examination has been made to ascertain how or for what purpose the
CONTRACTOR has used money previously paid on account of the Contract
Amount;
.3 the CONTRACTOR's construction means, methods, techniques, sequences or
procedures have been reviewed; or
CtL�N
.4 that there may not be other matters or issues between the parties that might
entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the
OWNER to withhold payment to the CONTRACTOR.
14.4 Decisions to Withhold Payment:
14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such
extent as may be necessary on account of:
.1 defective Work not remedied;
.2 reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Amount;
.3 damage to the OWNER or another contractor;
.4 reasonable evidence that the Work will not be completed within the Contract
Time, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay;
.5 failure of the CONTRACTOR to submit a schedule of values in accordance
with the Contract Documents;
.6 failure of the CONTRACTOR to submit a submittal schedule in accordance with
the Contract Documents;
.7 failure of the CONTRACTOR to submit or update construction schedules in
accordance with the Contract Documents;
.8 failure of the CONTRACTOR to maintain a record of changes on drawings and
documents;
.9 failure of the CONTRACTOR to maintain weekly payroll reports;
.10 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including
failure to clean up; or
.11 failure of the CONTRACTOR to comply with any provision of the Contract
Documents.
14.4.2 Should OWNER withhold payment for any reason in 14.4.1, and upon removal of the
basis for the withholding by CONTRACTOR, the CONTRACTOR shall resubmit a
statement for the value of Work performed. Payment will be made, within thirty (30)
calendar days of receipt of approved Application for Payment.
GC - 43
14.5 Delayed Payments:
14.5.1 Timeliness and interest on payments due to CONTRACTOR from OWNER are subject
to and shall be controlled by Chapter 2251 of the Texas Government Code.
14.6 Arrears:
14.6.1 No money shall be paid by the OWNER upon any claim, debt, demand or account
whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the
OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or
account so in arrears and no assignment or transfer of such debt, claim, demand or account,
shall affect the right of the OWNER to so offset said amounts, and associated penalties and
interest if applicable, against the same.
14.7 Substantial Completion:
14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction
over the Work, said certificate shall be issued before the Work or any portion thereof is
considered substantially complete. When the CONTRACTOR considers that the Work, or a
portion thereof which the OWNER agrees to accept separately, is substantially complete, the
CONTRACTOR shall notify OWNER and ENGINEER and request a determination as to
whether the Work or designated portion thereof is substantially complete. If OWNER or
ENGINEER does not consider the Work substantially complete, OWNER or ENGINEER will
notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a
reason does not alter the responsibility of the CONTRACTOR to complete all Work in
accordance with the Contract Documents. After satisfactorily completing items identified by
OWNER or ENGINEER, the CONTRACTOR shall then submit another request for
OWNER and ENGINEER to determine substantial completion. If OWNER and ENGINEER
consider the Work substantially complete, the ENGINEER will prepare and deliver a
certificate of Substantial Completion which shall establish the date of Substantial
Completion, shall include a punch list of items to be completed or corrected before final
payment, and shall establish responsibilities of the OWNER and the CONTRACTOR for
security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to
include an item on the punch list does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. The certificate of Substantial
Completion shall be signed by the OWNER and the CONTRACTOR to evidence
acceptance of the responsibilities assigned to them in such certificate.
14.7.2 After Substantial Completion the CONTRACTOR shall promptly begin work on the
punch list of items to be completed or corrected prior to final payment. In appropriate cases
CONTRACTOR may submit monthly Applications for Payment for completed punch list items,
following the progress payment procedures set forth above.
1414 e ..
14.8 Partial Utilization:
14.8.1 The OWNER, at the OWNER's sole option, shall have the right to take possession of
and use any completed or partially completed portion of the Work regardless of the time for
completing the entire Work. The OWNER's exercise of such use and possession shall not be
construed to mean that the OWNER acknowledges that any part of the Work so possessed
and used is substantially complete or that it is accepted by OWNER, and the OWNER's
exercise of such use and possession shall not relieve the CONTRACTOR of its
responsibility to complete all Work in accordance with the Contract Documents.
14.9 Final Inspection:
14.9.1 Upon Written Notice from the CONTRACTOR that the entire Work or an agreed
portion thereof is complete, ENGINEER will make a final inspection with the
CONTRACTOR and provide Written Notice of all particulars in which this inspection
reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take
such measures as are necessary to complete such Work or remedy such deficiencies.
14.10 Final Application for Payment:
14.10.1 The CONTRACTOR may make application for final payment following the procedure
for progress payments after the CONTRACTOR has completed all such corrections to the
satisfaction of ENGINEER and delivered the following documents:
.1 Complete operating and maintenance manuals, each containing maintenance and
operating instructions, schedules, guarantees, and other documentation required by
the Contract Documents, Quantity as determined by the contract documents;
.2 Record documents (as provided in paragraph 6.10);
.3 Consent of surety to final payment;
.4 Certificate evidencing that insurance required by the General Conditions will
remain in force after final payment and through any warranty period;
.5 Non -Use of Asbestos Affidavit (After Construction); and
.6 Any other documentation called for in the Contract Documents.
14.11 Final Payment and Acceptance:
14.11.1 If, on the basis of observation of the Work during construction, final inspection,
and review of the final Application for Payment and accompanying documentation as
required by the Contract Documents, ENGINEER is satisfied that the Work has been
completed and the CONTRACTOR's other obligations under the Contract Documents have
been fulfilled, ENGINEER will recommend the final Application for Payment and thereby
GC - 45
notify the OWNER, who will pay to the CONTRACTOR the balance due the
CONTRACTOR under the terms of the Contract.
14.11.2 ENGINEER will issue a letter of final acceptance to the OWNER and
CONTRACTOR and must be acknowledged and accepted by the OWNER, which establishes
the Final Completion date.
14.12 Waiver of Claims:
14.12.1 The making and acceptance of final payment will constitute:
.1 a waiver of claims by the OWNER against the CONTRACTOR, except claims
arising from previously noticed and unsettled claims, from defective Work
appearing after final inspection, from failure to comply with the Contract
Documents or the terms of any warranty specified therein, or from the
CONTRACTOR's continuing obligations under the Contract Documents; and
.2 a waiver of all claims by the CONTRACTOR against the OWNER other than
those previously made in writing and still unsettled.
15.1 OWNER May Suspend Work Without Cause and for Convenience:
15.1.1 At any time and without cause and for convenience, the OWNER may suspend the
Work or any portion thereof for a period of not more than ninety (90) calendar days by
written agreement or by Written Notice to the CONTRACTOR which will fix the date on
which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so
fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an
extension of the Contract Times, or both, directly attributable to any such suspension if
the CONTRACTOR makes an approved Claim therefor as provided in Article 1 l and Article
12.
15.2 OWNER May Terminate Without Cause:
15.2.1 Upon seven (7) calendar days' Written Notice to the CONTRACTOR, the OWNER
may, without cause and without prejudice to any right or remedy of the OWNER, elect to
terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication
of any items):
.1 for completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination;
Cam- a "We
.2 for all claims incurred in settlement of terminated contracts with Suppliers,
Subcontractors, and others. The CONTRACTOR agrees to negotiate in good
faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost; and
.3 for anticipated profits on entire Contract not previously paid. This sum shall not
include any overhead or general field conditions on unperformed work.
15.3 OWNER May Terminate With Cause:
15.3.1 Upon the occurrence of any one or more of the following events:
.1 if the CONTRACTOR persistently fails to perform the Work in accordance
with the Contract Documents;
.2 if the CONTRACTOR disregards laws or regulations of any public body having
jurisdiction;
.3 if the CONTRACTOR disregards the OWNER's authority;
.4 if the CONTRACTOR fails to maintain a work force adequate to accomplish
the Work within the Contract Time;
.5 if the CONTRACTOR fails to make adequate progress and endangers successful
completion of the Contract; or
.6 if the CONTRACTOR otherwise violates in any substantial way any
provisions of the Contract Documents;
The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7)
calendar days' Written Notice terminate the services of the CONTRACTOR. The OWNER,
at its option, may proceed with negotiation with surety for completion of the Work.
Alternatively, the OWNER may under these circumstances exclude the CONTRACTOR
from the site and take possession of the Work (without liability to the CONTRACTOR
for trespass or conversion), incorporate in the Work all materials and equipment stored at the
site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere,
and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR
shall not be entitled to receive any further payment until the Work is finished. If the unpaid
balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by
the OWNER arising out of or resulting from completing the Work, such excess will be paid
to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance,
the CONTRACTOR or surety shall pay the difference to the OWNER. Should OWNER
proceed to complete the Work, CONTRACTOR expressly acknowledges that the OWNER is
exempted from competitive bidding requirements for competition work pursuant to the terms of
Texas Local. Government Code Section 252.022.
GC - 47
15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the
termination will not affect any rights or remedies of the OWNER against the
CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or
payment of amounts due the CONTRACTOR by the OWNER will not release the
CONTRACTOR from liability.
15.4 CONTRACTOR May Stop Work or Terminate:
15.4.1 If through no act or fault of the CONTRACTOR, the Work is suspended for a
period of more than ninety (90) calendar days by the OWNER or under an order of court or
other public authority, or (except during disputes) ENGINEER fails to forward for
processing any mutually acceptable Application for Payment within thirty (30) calendar days
after it is submitted, or (except during disputes) the OWNER fails for sixty (60) calendar days
after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER
to be due, then the CONTRACTOR may, upon fifteen (15) calendar days' Written Notice
to the OWNER, and provided the OWNER does not remedy such suspension or failure
within that time, terminate the Agreement and recover from the OWNER payment on the
same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without
prejudice to any other right or remedy, if (except during disputes) ENGINEER has failed to
forward for processing any mutually acceptable Application for Payment within thirty (30)
calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty
(60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined
by the OWNER to be due, the CONTRACTOR may upon fifteen (15) calendar days' Written
Notice to the OWNER stop the Work until payment of all such amounts due the
CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not
intended to preclude the CONTRACTOR from making a Claim under Article 1.1 and Article
12 for an increase in Contract Amount or Contract Times or otherwise for expenses or
damage directly attributable to the CONTRACTOR's stopping Work as permitted by this
paragraph.
16.1 Filing of Claims:
16.1.1 Claims arising from the circumstances identified in the Contract Documents or other
occurrences or events, shall be made by Written Notice delivered by the party making the
Claim to the other parry within ninety (90) calendar days after the start of the occurrence or
event giving rise to the Claim and stating the general nature of the Claim. Notice of the
amount of the Claim with supporting data if not delivered with the notice, shall be delivered
within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and
shall represent that the adjustment claimed covers all known amounts to which claimant
is entitled.
16.1.2 Within thirty (30) calendar days of receipt of notice of the amount of the Claim
with supporting data, OWNER and the CONTRACTOR shall meet to discuss the Claim, after
Mi
which an offer of settlement or notification of no settlement offer will be made to claimant.
If claimant is not satisfied with the proposal presented, claimant shall have thirty (30)
calendar days in which to:
.1 submit additional supporting data requested by the other parry;
.2 modify the initial Claim; or
.3 request Alternative Dispute Resolution.
16.2 Alternative Dispute Resolution:
16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure
prior to pursuing any other available remedies. The OWNER reserves the right to include
ENGINEER as a party.
16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written
request for a meeting to be held between representatives of each party within fourteen (14)
calendar days of the request or such later period that the parties may agree to. Each party
shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision .
maker empowered to negotiate on behalf of their organization. The purpose of this and
subsequent meetings will be good faith negotiations of the matters constituting the dispute.
Negotiations shall be concluded within thirty (30) calendar days of the first meeting, unless
mutually agreed otherwise. This step may be waived by written agreement of both parties,
in which event the parties may proceed directly to mediation as described below.
16.2.3 Mediation:
16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived
pursuant to its terms, the parties shall initiate the mediation process. The parties agree to
select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist
with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good
faith in the selection of the mediator and to give consideration to qualified individuals
nominated to act as mediator. Nothing in this agreement prevents the parties from relying on
the skills of a person who also is trained in the subject matter of the dispute and /or a contract
interpretation expert.
16.2.3.2 The OWNER and CONTRACTOR may agree to suspend or abate the mediation
requirement until such time that the Project is complete such that multiple claims that might
have remained unresolved during the course of the Project may be negotiated and mediated
jointly.
16.2.3.3 If Mediation us unsuccessful, the parties may litigate any remaining claims or
disputes in a court of competent jurisdiction.
1414 . .
ARTICLE 17 — RIGHT TO AUDIT
17.1 Right to Audit:
17.1.1 Whenever the OWNER enters into any type of contractual arrangement with the
CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be
open to inspection and subject to audit and /or reproduction during normal business
working hours. The OWNER's representative, or an outside representative engaged by the
OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to
this Agreement for four (4) years from the date of final payment under this Agreement.
17.1.2 The OWNER shall have the exclusive right to examine the records of the
CONTRACTOR. The term "records" as referred to herein shall include any and all
information, materials and data of every kind and character, including without limitation
records, books, papers, documents, contracts, schedules, commitments, arrangements, notes,
daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other
agreements, sources of information and matters that may, in the OWNER's judgment, have
any bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document. Such records shall include (hard copy, as well as computer- readable
data if it can be made available), written policies and procedures, time sheets, payroll
registers, cancelled checks, personnel file data, correspondence, general ledger entries, and
any other record in the CONTRACTOR's possession which may have a bearing on
matters of interest to the OWNER in connection with the CONTRACTOR's dealings with
the OWNER (all of the foregoing are hereinafter referred to as "records "). In addition, the
CONTRACTOR shall permit interviews of employees as well as agents, representatives,
vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent
necessary to adequately permit evaluation and verification of the following:
a) The CONTRACTOR's compliance with contract requirements;
b) The CONTRACTOR's compliance with the OWNER'S business ethics policies;
and
c) If necessary, the extent of the Work performed by the CONTRACTOR at the
time of contract termination.
1.7.1.3 The CONTRACTOR shall require all payees (examples of payees include
subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of
this Article 17 by securing the requirements hereof in a written agreement between the
CONTRACTOR and payee. Such requirements include a flow -down right of audit provision
in contracts with payees that also apply to subcontractors and sub - subcontractors, material
suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and
all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making
available to the OWNER from time to time whenever requested, in an expeditious manner, any
and all such information, materials, and data.
GC -50
17.1.4 The OWNER's authorized representative or designee shall have reasonable
access to the CONTRACTOR's facilities, shall be allowed to interview all current or
former employees to discuss matters pertinent to the performance of this Agreement, and
shall be provided adequate and appropriate work space in order to conduct audits in
compliance with this Article 17.
17.1.5 If an audit inspection or examination in accordance with this Article 17 discloses
overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of
one -half of one percent (.5 %) of the total contract billings, then the reasonable actual cost
of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any
adjustments and /or payments, which must be made as a result of any such audit or inspection of
the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of
time (not to exceed 90 days) from presentation of the OWNER's findings to the
CONTRACTOR.
ARTICLE 18 — MISCELLANEOUS
18.1 Venue and Choice of Law:
18.1.1 In the event of any suit at law or in equity involving the Contract, venue shall be in in
the district court in the county in which the Project is located. The laws of the state of Texas
shall apply to Contract interpretation and enforcement.
18.2 Extent of Agreement:
18.2.1 This Contract represents the entire and integrated agreement between the OWNER and
the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either
written or oral.
18.3 Cumulative Remedies:
18.3.1 The rights and remedies available to the parties are not to be construed in any way as
a limitation of any rights and remedies available to any or all of them which are otherwise
imposed or available by laws or regulations, by special warranty or guarantees or by other
provisions of the Contract Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract Documents in connection with each
particular duty, obligation, right and remedy to which they apply.
18.4 Severability:
18.4.1 If any word, phrase, clause, sentence or provision of the Contract, or the application of
same to any person or set of circumstances is for any reason held to be unconstitutional,
invalid or unenforceable, that finding shall only effect such word, phrase, clause, sentence or
provision, and such finding shall not effect the remaining portions of this Contract; this being
GC -51
the intent of the parties in entering into the Contract; and all provisions of the Contract are
declared to be severable for this purpose.
18.5 Independent Contractor
18.5.1 The Contract shall not be construed as creating an employer /employee relationship,
a partnership, or a joint venture. The CONTRACTOR's services shall be those of an
independent contractor. The CONTRACTOR agrees and understands that the Contract does
not grant any rights or privileges established for employees of the OWNER.
18.6 Non - Boycott of Israel
18.6.1 The City of Schertz may not enter into a contract with a company for goods and services
unless the contract contains a written verification from the company that; (i) it does not Boycott
Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code
chapter 2270) by accepting these General Conditions and any associated contract, the
CONTRACTOR verifies that it does not Boycott Israel, and agrees that during the term of this
contract will not Boycott Israel as that term is defined in the Texas Government Code Section
808.001, as amended.
18.6.2 Relevant definitions from the bill: "Company" means a for - profit sole proprietorship,
organization, association, corporation, partnership, joint venture, limited partnership, limited
liability partnership, or limited liability company, including a wholly owned subsidiary,
majority -owned subsidiary, parent company, or affiliate of those entities or business
associations that exists to make a profit.
18.6.3 "Boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in Israel
or in an Israeli - controlled territory, but does not include an action made for ordinary business
purposes.
End of General Conditions
GC -52
Exhibit
Owner's Insurance Requirements of Contractor
1. Specific Insurance Requirements
The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this
Agreement and thereafter as required:
Insurance
Coverage /Limits
Other Requirements
Commercial General
Amounts of coverage shall be no less than:
• Current ISO edition of CG 00 01
Liability (Occurrence
• $1,000,000 Per Occurrence
• Additional insured status shall be provided in favor of
Basis)
• $2,000,000 General Aggregate
Owner Parties on a combination of ISO forms CG 20 10
• $2,000,000 Products /Completed Operations
10 01 and CG 20 37 1001.
Aggregate
• This coverage shall be endorsed to provide primary and
• $1,000,000 Personal And Advertising Injury
non - contributing liability coverage. It is the intent of the
• Designated Construction Project(s) General
parties to this Agreement that all insurance coverage
Aggregate Limit
required herein shall be primary to and will not seek
contribution from any other insurance held by Owner
Parties, with Owner Parties' insurance being excess,
secondary and non- contributing.
• Stop Gap coverage shall be provided if any work is to
be performed in a monopolistic workers' compensation
state.
• The following exclusions/limitations (or their
equivalent(s), are prohibited:
• Contractual Liability Limitation CG 2139
• Amendment of Insured Contract Definition CG 24
26
• Limitation of Coverage to Designated Premises or
Project, CG 2144
• Exclusion- Damage to Work Performed by
Subcontractors On Your Behalf, CG 22 94 or CG 22
95
• Exclusion- Explosion, Collapse and Underground
Property Damage Hazard, CG 2142 or CG 2143
• Any Classification limitation
• Any Construction Defect Completed Operations
exclusion
• Any endorsement modifying the Employer's
Liability exclusion or deleting the exception to it
• Any endorsement modifying or deleting
Explosion, Collapse or Underground coverage
• Any Habitational or Residential exclusion
applicable to the Work
• Any "Insured vs. Insured" exclusion except
Named Insured vs. Named Insured
• Any Punitive, Exemplary or Multiplied Damages
exclusion
• Any Subsidence exclusion
Business Auto Liability
Amount of coverage shall be no less than:
• Current ISO edition of CA 00 01
$1,000,000 Per Accident
• Arising out of any auto (Symbol 1), including owned,
hired and nonowned
INS - I
Insurance
Coverage /Limits
Other Requirements
Workers'
Amounts of coverage shall be no less than:
• The State in which work is to be performed must
Compensation and
• Statutory Limits
listedunder Item 3.A. on the Information Page
Employer's Liability
• $1,000,000 Each Accident and Disease
• Such insurance shall cover liability arising out of the
• Alternate Employer endorsement
Contractor's employment of workers and anyone for
• USL &H must be provided where such exposure
whom the Contractor may be liable for workers'
exists.
compensation claims. Workers' compensation insurance
is required, and no "alternative" forms of insurance shall
be permitted.
• Where a Professional Employer Organization (PEO) or
"leased employees" are utilized, Contractor shall require
its leasing company to provide Workers' Compensation
insurance for said workers and such policy shall be
endorsed to provide an Alternate Employer endorsement
in favor of Contractor and Owner. Where Contractor
uses leased employees with Workers' Compensation
insurance provided by a PEO or employee leasing
company, Contractor is strictly prohibited from subletting
any of its work without the express written agreement
of Owner.
Excess Liability
Amounts of coverage shall be no less than:
• Such insurance shall be excess over and be no less broad
(Occurrence Basis)
• $5,000,000 Each Occurrence
than all coverages described above.
• $5,000,000 Annual Aggregate
• Drop -down coverage shall be provided for reduction
and/or exhaustion of underlying aggregate limits and
shall include a duty to defend any insured.
INS -2
Insurance Coverage /Limits
Builders Risk • Coverage shall be provided in an amount equal at all
times to the full contract value, including change
orders, and cost of debris removal for any single
occurrence.
Coverage shall be at least as broad as an unmodified
ISO Special form, shall be provided on a completed -
value basis, and shall be primary to any other insuranc
coverage available to the named insured parties, with
that other insurance being excess, secondary and non-
contributing.
The policy must provide coverage for:
• Agreed Value
• Damage arising from error, omission
deficiency in construction methods, desigi
specifications, workmanship or material
including collapse
• Debris removal additional limit
• Earthquake and Earthquake Sprinkler Leakage
• Flood
• Freezing
• Mechanical breakdown including hot & col
testing
• Ordinance or law
• Pollutant clean -up and removal
• Preservation of property
• Theft
Deductible shall not exceed
• All Risks of Direct Damage, Per
except
• Named Storm
Earthquake and Earthquake Sprinkler Leakage, Per
Occurrence
Flood, Per Occurrence or excess of NFIP if in Flood
Zone A or V
2 General Insurance Requirements
A. Definitions. For purposes ofthisAgreement:
i. "ISO" means Insurance Services Office.
ii. "Contractor" shall include subcontractors of any tier.
Other Requirements
Insureds shall include Owner, General Contractor, all Los;
Payees and Mortgagees, and subcontractors of all tiers in the
Work as Insureds.
Such insurance shall cover:
o all structure(s) under construction, including retaininl
walls, paved surfaces and roadways, bridges, glass
foundation(s), footings, underground pipes and wiring
excavations, grading, backfilling or filling;
all temporary structures (e.g., fencing, scaffolding,
cribbing, false work, forms, site lighting, temporary
utilities and buildings)
iii. "Owner Parties" means (a) City of Schertz, Texas (Owner "), (b) the Project, (c) any lender whose loan is secured by a lien
against the Work, (d) their respective shareholders, members, partners, joint venturers, affiliates, subsidiaries, successors and
assigns, (e) any directors, officers, employees, or agents of such persons or entities, and (f) others as required by the
Construction Documents
B. Policies.
i. Contractor shall maintain such General Liability, Excess Liability, Professional and Pollution insurance in identical coverage,
form and amount, including required endorsements, for at least two (2) years following Date of Substantial Completion of the
Work to be performed under this Agreement. Contractor shall provide written representation to Owner stating Work
completion date.
ii. All policies must:
a. Be written through insurance companies authorized to do business in the State in which the work is to be performed
and rated no less than A -: VII in the most current edition of A. M. Best's Key Rating Guide at all times Work is to
be performed.
b. Provide a waiver of subrogation in favor of Owner Parties on all insurance coverage carried by Contractor, whether
required herein or not.
INS -3
C. Contain an endorsement providing for thirty (30) days prior written notice of cancellation to Owner.
d. Be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that
restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the
Owner.
iii. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance
requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a
waiver of the Contractor's obligation to maintain such insurance.
iv. Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such
request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy.
V. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required
endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner
Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor
from performing any Work until such certificate of insurance, evidence of insurance and /or required endorsements are received
and approved by the Owner.
C. Limits. Deductibles and Retentions
i. The limits of liability may be provided by a single policy of insurance or by a combination of primary and excess policies, but in
no event shall the total limits of liability available for any one occurrence or accident be less than the amount required
herein.
ii. No deductible or self- insured retention shall exceed $25,000 without prior written approval of the Owner, except as otherwise
specified herein. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole
risk. The Contractor shall not be reimbursed for same
D. Forms
i. If the forms of policies, endorsements, certificates or evidence of insurance required by this Exhibit are superseded or
discontinued, Owner will have the right to require other equivalent forms.
ii. Any policy or endorsement form other than a form specified inthis Exhibit must be approved in advance by Owner.
E. Evidence of Insurance. Insurance must be evidenced as follows:
i. ACORD Form 25 Certificate of Liability Insurance for Liability coverages.
ii. ACORD Form 28 Evidence of Commercial Property Insurance for property coverages.
iii. Evidence shall be provided to Owner prior to commencing Work and prior to the expiration of any required coverage.
iv. ACORD Forms specify:
a. Owner as certificate holder at Owner's mailing address;
b. Insured's name, which must match that on this Agreement;
c. Insurance companies producing each coverage and the policy number and policy date of each coverage;
d. Producer of the certificate with correct address and phone number and have the signature of the authorized
representative of the producer;
e. Additional Insured status infavor of Owner Parties;
t Amount of any deductible or self - insured retention in excess of $25,000;
g. Designated Construction Project(s) General Aggregate Limit;
h. Primary and non - contributory status;
i. Waivers of subrogation; and
j. All exclusions and limitations added by endorsement to the General Liability coverage. This can be achieved by
attachment of the Schedule of Forins and Endorsements page.
V. Copies of the following shall also be provided:
a. General Liability Additional insured endorsement (s);
b. General Liability Schedule of Forms and Endorsements page(s); and
c. 30 Day Notice of Cancellation endorsement applicable to all required policies.
F. Contractor Insurance Representations to Owner Parties
i. It is expressly understood and agreed that the insurance coverages required herein (a) represent Owner Parties' minimum
requirements and are not to be construed to void or limit the Contractor's indernnity obligations as contained in this
Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not
maintain for its own protection; and (b) are being, or have been, obtained by the Contractor in support of the Contractor's
liability and indemnity obligations under this Agreement. Irrespective of the requirements as to insurance to be carried as
provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, or
the failure of any insurance company to pay claims accruing, shall not be held to affect, negate or waive any of the provisions of
this Agreement.
ii. Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement.
INS -4
If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will
be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a
written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure
by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or
waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's
expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be
relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages.
iii. This Exhibit is an independent contract provision and shall survive the termination or expiration of the Construction
Agreement.
G. Insurance Requirements of Contractor's Subcontractors
i. Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on
behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held
responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall
maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to
recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional
insured status, and primary liability as required herein, and make them available to the Owner upon request.
ii. The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take
necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property.
Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and
complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any
deductible or co- insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose
to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any
claim for damage or loss to said property in favor of the Owner Parties.
H. Use of the Owners Equipment
The Contractor, its agents, employees, subcontractors or suppliers shall use the Owners equipment only with express written
permission of the Owners designated representative and in accordance with the Owners terms and condition for such use. If the
Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owners equipment for any purpose,
including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor
shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use.
I. Release and Waiver
The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of
action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or
in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by
insurance required herein, including the deductible and/or uninsured portion thereof, maintained and /or required to be
maintained by the Contractor and /or its subcontractors pursuant to this Agreement. THE FOREGOING RELEASE AND WAIVER
APPLY EVEN IF THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE FAULT OR NEGLIGENCE OR
STRICT LIABILITY OF THE OWNER PARTIES.
INS -5
CITY OF SCHERTZ
STANDARD SPECIFICATIONS
Section 01110
PART IGENERAL
1.01 SECTION INCLUDES
A. Summary of the Work including work by Owner, Owner furnished products, Work
sequence, future Work, Contractor use of Premises, and Owner occupancy.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. Description of work
1. Provide materials, labor, equipment and superintendence for the repainting of the
interior and exterior of the City of Schertz 1.5 MMG steel ground storage tank at
1049 East Live Oak Road, and exterior of the attached piping in accordance with
these Technical Specifications, Project Plans, and Contract Documents.
Contractor's responsibility includes, but is not limited to, construction
sequencing in accordance with the Contract Documents, quality control of
workmanship and materials, handling of all material, handling and disposal of all
waste material, and compliance with all regulatory standards governing the work.
B. General Requirements
1. The completed work shall not lack any part which can be reasonably implied as
incidental for proper and useful operation of the facility. This includes all items
of equipment, labor, and materials, whether or not shown in the Contract
Documents, where such items are required to fulfill the intent of the Contract, and
all shall be in accordance with code requirements, standards of regulatory
agencies, manufacturer's recommendations, and acceptable industry practice.
2. The Contractor shall provide a superintendent who can act on behalf of the
Contractor to be on site or be available at all times while work is underway.
3. Although some minor items may not be specifically identified by quantity or
description, they shall be considered a part of the work and shall be included in
the applicable Proposal Item with which they are a component part.
4. The need for and use of any labor or material not specifically described but
necessary to complete the project described by the Contract Documents shall not
represent a claim for extra payment.
01110 -1
April 27, 2018
CITY OF SCHERTZ
STANDARD SPECIFICATIONS SUMMARY OF WORK.
C. Regulatory and Industry Standards
1. The Technical Specifications and Plans for this project have been prepared with
the intent to meet or exceed the requirements of the City of Schertz, TxDOT, and
other applicable regulatory requirements.
2. If there should be a conflict or discrepancy between these Technical
Specifications and the requirements of the City, or other regulatory requirements,
it shall be the responsibility of the Contractor to notify the Engineer of such
conflict or discrepancy for resolution.
D. Scope of Work
The work for each site, in general, to be performed under this Contract consists of,
but is not limited to, the following general tasks, which are more specifically
described in the Plans and other Sections of these specifications.
a. Prepare interiors of tanks and apply protective coating as specified in
Section 09871. The existing interior coating systems may contain lead and
shall be determined prior to removal of paint.
b. Replace interior ladder. Replace interior rafter support column and ring to
match as -built plans.
c. Remove and replace existing roof access to interior ladder with new
3'x3.5' access and cover. Add safety hand rail.
d. Remove the abandoned 16 -inch fill line and cap roof penetration. Remove
exterior level indicator and cap roof penetration
e. Prepare exterior of tanks and apply protective coating as specified in
Section 09871. Initial testing indicates that existing lead paint levels are
below the 1% regulatory limits; report included in Contract Documents
Contractor will control emissions from abrasive blasting of existing storage
tank exterior by one of the methods included in 30 TAC 111.137.b
f. Re- install all removed equipment.
g. Clean and re -grade site as required including repair of roadways to original
condition. Site shall be kept cleaned both during and upon completion of
construction.
h. Miscellaneous site and other work necessary or incidental for completion
of the project.
1.03 ALTERNATES
A. No alternates are anticipated for this project.
01110 -2
April 27, 2018
CITY OF SCHERTZ
STANDARD SPECIFICATIONS SUMMARY OF WORK.
1.04 CITY - FURNISHED PRODUCTS
A. Items Furnished by the City for Installation and final connection by Contractor: N/A
B. Contractor's Responsibilities:
1. Arrange and pay for Product delivery to the site.
2. Receive and unload Products at the site; jointly with the City, inspect for
completeness or damage if required by City.
3. Handle, store, Install, and finish Products.
4. Repair or replace damaged items.
1.05 WORK SEQUENCE
A. Coordinate the construction schedule and operations with the OWNER's representative.
Reference to General Conditions Item 5.15, Sequence of Work.
1. Take photographs or video of existing site prior to any construction activities, including
clearing, grading, etc.
B. Coordination of the Work: Refer to Section 01312 - Coordination and Meetings.
C. Contract time for this project shall be 1.20 calendar days.
1.06 CONTRACTOR USE OF PREMISES
A. Comply with procedures for access to the site and Contractor's use of rights -of. -way as
specified in Section 01145 - Use of Premises.
B. Construction Operations: Limited to the City's rights -of. -way provided by the City and areas
shown or described in the Contract documents.
C. Utility Outages and Shutdown: Provide a minimum of 48 hours' notice to the City and
private utility companies (when applicable), excluding weekends and holidays, in advance of
required utility shutdown. Coordinate all work as required.
1.07 WARRANTY
A. Comply with warranty requirements in accordance with General Conditions.
01110 -3
April 27, 2018
CITY OF SCHERTZ
STANDARD SPECIFICATIONS SUMMARY OF WORK.
1.08 ADDITIONAL CONDITIONS FOR SUBSTANTIAL COMPLETION
A. In addition to requirements outlined in the General Conditions, for Contractor to be
substantially complete with the Work and call for inspection by :Public Works to confirm, the
following conditions must be met or completed:
1. All testing shall be completed and accepted by Public Works.
2. All pay items complete.
PART 2 PRODUCTS -Not Used
PART 3 EXECUTION- Not Used
END OF SECTION
01110 -4
April 27, 2018
Prevailing Wage(s)
Per the General Conditions, section 6.2.2 CONTRACTOR shall provide and pay for labor in
accordance with the prevailing wage in the locality and shall not pay less than the prevailing
wage.
The General decision available on the date of this publication of the bid documentation is
presented below. Notwithstanding the attached decision, the CONTRACTOR shall utilize the
Wage Decision in effect at the due date for cost proposals.
General Decision Number: TX170016 01/06/2017 TX16
Superseded General Decision Number: TX20160016
State: Texas
Construction Types: Heavy and Highway
Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos,
Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall,
Lampasas, McLennan, Medina, Robertson, Travis, Williamson and
Wilson Counties in Texas.
HEAVY (excluding tunnels and dams, not to be used for work on
Sewage or Water Treatment Plants or Lift / Pump Stations in
Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY
Construction Projects
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.20 for calendar year 2017 applies to all contracts
PWR -1
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.20 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2017. The EO minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker
protections under the EO is available at
www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2017
* SUTX2011-006 08/03/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving and
Structures) ......................$ 12.56
ELECTRICIAN ......................$ 26.35
PWR-2
Paving & Curb ...............$ 12.94
Structures ..................$ 12.87
Off-31,101101M
Asphalt Raker ...............$
12.12
Flagger .....................$
9.45
Laborer, Common .............$
10.50
Laborer, Utility ............
$ 12.27
Pipelayer ...................$
12.79
Work Zone Barricade
Servicer ....................$ 11.85
PAINTER (Structures) .............$ 18.34
Agricultural Tractor ........ $ 12.69
Asphalt Distributor ......... $ 15.55
Asphalt Paving Machine ...... $ 14.36
Boom Truck ..................$ 18.36
Broom or Sweeper ............ $ 11.04
Concrete Pavement
Finishing Machine ........... $ 15.48
Crane, Hydraulic 80 tons
or less .....................$ 18.36
Crane, Lattice Boom 80
tons or less ................$ 15.87
Crane, Lattice Boom over
PWR-3
80 tons .....................$ 19.38
Crawler Tractor .............$ 15.67
Directional Drilling
Locator .....................$ 11.67
Directional Drilling
Operator ....................$ 17.24
Excavator 50,000 lbs or
Less ........................$ 12.88
Excavator over 50,000 lbs ... $ 17.71
Foundation Drill, Truck
Mounted .....................$ 16.93
Front End Loader, 3 CY or
Less ........................$
13.04
Front End Loader, Over 3 CY.$
13.21
Loader/Backhoe ..............$
14.12
Mechanic ....................$
17.10
Milling Machine .............$
14.18
Motor Grader, Fine Grade ....
$ 18.51
Motor Grader, Rough .........
$ 14.63
Pavement Marking Machine ....
$ 19.17
Reclaimer/Pulverizer ........
$ 12.88
Roller, Asphalt .............$
12.78
Roller, Other ...............$
10.50
Scraper .....................$
12.27
Spreader Box ................$
14.04
Trenching Machine, Heavy ....
$ 18.48
PWR-4
Servicer .........................$ 14.51
Steel Worker
Reinforcing .................$ 14.00
Structural ..................$ 19.29
TRAFFIC SIGNAL INSTALLER
Traffic Signal/Light Pole
Worker ......................$ 16.00
TRUCK DRIVER
Lowboy-Float ................$ 15.66
Off Road Hauler .............$ 11.88
Single Axle .................$ 11.79
Single or Tandem Axle Dump
Truck .......................$ 11.68
Tandem Axle Tractor w/Semi
Trailer .....................$ 12.81
WELDER ...........................$ 15.97
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
PWR-5
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health - related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health - related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov /whd /govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
P W R -6
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
PWR-7
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
PWR-8
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
1.) Has there been an initial decision in the matter? This can
be:
• an existing published wage determination
• a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
UM M.
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
= ----------------- ----------
PWR-11
ENIF.11191M Iiiiil,,Iliil • I
1;10 ILIATA I K-11
This Agreement is made and entered into as of the day of _, 2017 by and
between the:
KOWIN "It,
The City of Schertz
1.400 Schertz Parkway
Schertz, Texas 78154
210.619. 1000 t
210.619.1009 f
and
"CONTRACTOR"
[name of Contractor]
[address]
[phone and fax numbers]
for the following Project:
EAST DIETZ CREEK CONCRETE RIP RAP
Schertz City Project DR -C -1705
Management for this Project will be performed by OWNER.
SFA - 1
1.0 THE WORK OF THIS CONTRACT
Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible
for performing or causing to be performed all Work including labor and materials, necessary to build,
construct, erect and equip in accordance with the Contract Documents and at its own proper cost and
expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete the said construction, in
accordance with the conditions and prices stated in the Proposal attached hereto.
The Contract Documents for this Project include this Standard Form of Agreement and the following
documents, if applicable:
Addenda issued by City
General. Conditions
Performance and Payment Bonds
Request For Competitive Sealed Proposals #1 7- PW- 44 -C -02 & Addenda
Technical Specifications
Drawings
2.0 CONTRACT TIME AND COMPLETION
§ 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the
OWNER
§ 2.2 Contract Time
§2.2.1 The Contract Time shall be measured from the date of commencement.
§2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to
by and between OWNER and CONTRACTOR that time is of the essence in the substantial
completion of the Work, and that failure to substantially complete the Work within the designated
period, or as it may be extended, shall be construed as a breach of this Agreement.
§ 2.3 Substantial Completion
The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 60
calendar days from the date of commencement, subject to and adjustments of this Contract Time as
provided in the Contract Documents and Changer Orders modifying and extending this Agreement.
§ 2.4 Liquidated Damages
The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial
occupancy and use of the completed work following expiration of the Contract Time. The
CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially,
or cause the Substantial Completion of any portion of the Work within the Contract time, the
OWNER will sustain actual damages as a result of such failure. The exact amount of such damages
will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the
CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the
Substantial. Completion date, subject to proper extension granted by the OWNER, then the
CONTRACTOR agrees to pay the OWNER the sum of
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 [insert written total]
([insert numerical total]) subject to additions and deductions as provided in the Contract Documents.
§ 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the OWNER:
[alternate if any]
[alternate if any]
§ 3.3 Unit prices, if any:
[insert any unit price items and descriptions] [or add reference to Proposal with unit prices and
estimated quantities]
SFA - 3
Item Units and Limitations Price Per Unit ($0.00)
[hntprie:itn [unit : iri
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 OWNER may
require. This schedule, unless objected to by the 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 txfi percent ( 6.00>> %). 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 <&W, a percent ( r 6.00>>'
.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 OWNER
shall determine for incomplete Work, retainage applicable to such work and unsettled
claims; and
.2 Add, if final completion of the Work is thereafter materially delayed through no fault
of the CONTRACTOR, any additional amounts payable.
§ 4.1.4 Reduction or limitation of retainage, if any, shall be as follows:
§ 4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance
payments to suppliers for materials or equipment which have not been delivered and stored at the
site.
§ 4.2 FINAL PAYMENT
§ 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by
the OWNER to the CONTRACTOR when
.1 the CONTRACTOR has fully performed the Contract except for the
CONTRACTOR's responsibility to correct Work as provided in the General
Conditions, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 a letter of Final Acceptance has been issued by the 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 OWNER's final Certificate for Payment:
This Agreement is entered into as of the day and year written above ( "The Date of Execution "):
By: _
Title:
By: _
Title:
SFA - 5
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, , as Principal herein, and
, a corporation organized and existing under the laws of the State
of , 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 [verbal amount of bond] Dollars ($[numeric amount of
bond]) 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
Northcliffe Waterline Replacement 2.
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 Page 1 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
(S E A L)
Witness as to Principal
ATTEST:
Secretary
(S E A L)
Witness as to Surety
Performance Bond
PRINCIPAL
By:
Name:
Title:
Address:
Telephone .Number:
SURETY
By:
Name:
Attorney in Fact
Address:
Telephone Number:
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
1.400 Shertz Parkway
Schertz, Texas 78154
By: Brian James
Title: Acting City Manager
Date:
Performance Bond Page 3 of 3
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, , as Principal herein, and (2)
a corporation organized and existing under the laws of the
State of Texas 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
Dollars ($ 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: Northcliffe Waterline Replacement 2.
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
PRINCIPAL
By:
Name:
Title:
(S E A L) Address:
Witness as to Principal
ATTEST:
Secretary
(S E A L)
Witness as to Surety
Telephone Number:
SURETY
By:
Name:
Attorney in Fact
Address:
Telephone Number:
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: Brian James
Title: Acting City Manager
Date:
Payment Bond Page 3 of 3
I in 10 LINN 10r6WMA101 utimmormAl DD-1 INN WMAIN [*Jim
E. LIVE OAK 1.5 MMG GST
FOR THE
CITY OF SCHERTZ
Mayor: Michael Carpenter
City Council Members:
Mark Davis — Ralph Gutierrez --- Scott Larson — Cedric Edwards — Robin Thompson
Angelina Kiser --- Bert Crawford
City Manager: John Kessel
= FORD ENGINEERING INC.
ENGINEERING ' SURVEYING PLANNING
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217, (210) 590 -4777
PROJECT NO WA -C -1702 www.fordengineering.com DATE: JUNE 5, 2017
TBPE No: F -1162
FEI PROJ. 1124.9210
..:.....................
MARK... HILL
.........................
94904
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LOCATION MAP
NOT TO SCALE
GENERAL CONSTRUCTION NOTES
1. These water storage facilities must be constructed in accordance with the
Texas Commission on Environmental Quality (TCEQ) Rules and Regulations for
Public Water Systems 30 Texas Administrative Code (TAC) Chapter 290
Subchapter D.
2. All facilities for potable water storage shall be covered and designed,
fabricated, erected, tested and disinfected in strict accordance with current
American Water Works Association (AWWA) standards and shall be provided with
the minimum number, size and type of roof vents, man ways, drains, sample
connections, access ladders, overflows, liquid level indicators on -site, and other
appurtenances as specified in these rules.
3. Disinfection of water storage facilities shall be in strict accordance with
current AWWA Standard C652 -11 or more current.
4. All clear wells, ground storage tanks, standpipes, and elevated tanks shall
be painted, disinfected, and maintained in strict accordance with current AWWA
standards. However, no temporary coatings, wax grease coatings, or coating
materials containing lead will be allowed. No other coatings will be allowed which
are not approved for use (as a contact surface with potable water) by the United
States Environmental Protection Agency (EPA), NSF International, or the United
States Food and Drug Administration (FDA). All newly installed coatings must
conform to ANSI /NSF International Standard 61 and must be certified by an
organization accredited by ANSI.
5. After January 4, 2014 all construction projects must comply with changes to
the Safe Drinking Water Act that reduce the maximum allowable lead content of
pipes, pipe fittings, plumbing fittings, and fixtures to 0.25 percent.
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TANK 93' -0" DIAMETER, 32' -0" NOMINAL HEIGHT, CONSTRUCTED BY ° w
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1. PREPARE INTERIORS OF TANKS AND APPLY PROTECTIVE COATING
AS SPECIFIED IN SECTION 09871. THE EXISTING INTERIOR COATING Q w w
EXIST CE REPLACE VENT WITH ALUMINUM TANK SYSTEMS MAY CONTAIN LEAD AND SHALL BE DETERMINED PRIOR
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RP R/RE INTERIOR RAFTER
��'T SUPPORT COLUMN N AND RING.
2. REPLACE INTERIOR LADDER. REPAIR /REPLACE INTERIOR RAFTER
1.5 MMG SUPPORT COLUMN AND RING TO MATCH ASBUILT PLANS
EST ROOF ACCESS AND INT. LADDER TO BE REPLACED.
(SPECIFICATION).
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TO JOINT CLOSEST TO GROUND 94904
CAP ROOF PENTRATION WITH BOLTED �; EXIST �. `��
BLIND FLANGE. OVERHEAD 4. REMOVE THE ABANDONED 16 -INCH FILL LINE AND CAP ROOF se+
,j ? ELECTRIC PENETRATION. REMOVE EXTERIOR LEVEL INDICATOR AND CAP a
EXIST PUMP
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I 5. PREPARE EXTERIOR OF TANKS, PIPES, AND ACCESSORIES AND
r� APPLY PROTECTIVE COATING AS SPECIFIED IN SECTION 09871.
Ali
6. INITIAL TESTING INDICATES THAT EXISTING LEAD PAINT LEVELS ARE
EXIST DRIVE EXIST BELOW THE 1% REGULATORY LIMITS; REPORT INCLUDED IN
I ELECTRICAL CONTRACT DOCUMENTS. w
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- -EXIST EXIST 7. CONTRACTOR WILL CONTROL EMISSIONS FROM ABRASIVE Z
FENCE �r.:" UNDERGROUND BLASTING OF EXISTING STORAGE TANK EXTERIOR BY ONE OF THE O
PIPING METHODS INCLUDED IN 30 TAC 111.137.13 >
(1) VACUUM BLASTING;
(2) SHROUDED WET ABRASIVE BLASTING;
i.Ax,rt' (3) SHROUDED DRY BLASTING; O
(4) SHROUDED HYDROBLASTING; OR
EQUIVALENT METHOD APPROVED IN ADVANCE BY THE EXECUTIVE
DIRECTOR OR A DESIGNATED REPRESENTATIVE OF TACB.
7.5 MMG GST n ,
8. RE- INSTALL ALL REMOVED EQUIPMENT. H
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9. CLEAN, DISINFECT TANKS AND APPURTENANCES AND ASSIST CITY
OF SCHERTZ IN RETURNING TO SERVICE.
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NON -SKID, EXT AND 0 z
WELD INTO FLAT BAR
)/2X rn C10
CD
01 99 cx
Cl_ N Cq
3 0 V) C)
0 0
----IRESER\AOR FLOOR RESER\/IOR FLOOR
>
��
A. -.4.14 A 4• G ad sd ad i Iz
4. . 4.-- • --4.. 4.. -,w
4 ••
>
A .4-4 .4 A .4 .4 -44 4 >
.4. 4- -- — — ---------i
• 0 < 19 -----
LJ
U9
tiJ
NOTE. 11 -x
INTERIOR LADDERS- BLAST AND COAT WISAME
SYSTEM SPECIFIED FOR INTERIOR TANK.
TANK LADDER HANDRAIL FOR
ME RID R AND ROOF HATCH ROJECT NO. WA-C- 170
EXTERIOR 6-5-2017
4 OF 4
_in
CITY OF SCHERTZ
East Live Oak Ground Storage Tank Painting and
Rehabilitation RFCSP #17- PW47 -C -04
Qualifications of
Respondent Firm&
Experience on Similar
Projects
Experience on Public
Projects
Available Resources to
Complete Project
Corporate History and
Stability
References
Total Criteria) Scoring
Cost Score
Total Score
Rank
Proposal Respondent
15
10
20
5
5
55
45
100
1-8
CFG Industries LLC
15.00
10.00
19.33
04.67
05.00
54.00
38.37
92.37
3
Horizon Bros. Painting Corp.
10.67
05.00
19.33
03.00
03.33
41.33
19.68
61..01.
8
M &M Tank Coating Company
12.33
10.00
19.67
05.00
05.00
52.00
42.06
94.06
1
N.G. Painting, LP
15.00
10.00
20.00
05.00
05.00
55.00
28.39
83.39
5
SpeePro Environmental Services LLC SES
15.00
10.00
00.00
05.00
05.00
35.00
33.777
68.77
7
Tank Pro, Inc.
1.5.00
10.00
19.67
05.00
05.00
54.67
33.36
88.02
4
TMI Coatings, Inc.
15.00
10.00
19.33
05.00
05.00
54.33
20.18
74.51
6
Utility Service Co, Inc.
15.00
10.00
19.67
05.00
05.00
54.67
38.17
92.84
2
Evaluator's Key
Qualifications of Respondent Firm and Experience on Similar
Projects
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 emishuctability and Value Analysis in this delivery
method (emphasis on last five (5) years). As well as related municipal project experience, including completed and ongoing projects of the firm(s) and individuals who would be assigned to this Project.
Experience on Public Projects
Related pmyri experience with the other pabi' wr-, ind d' g mnniclpa iti s, srh<<I d.t r, and other Iowl govermnenl I itities, as well c, experience with Iowl cube mh c ors with particular anent to iudi idu t: no culd be .- . -ig-d bo this Piojeet.
Available Resources to Complete Project
This criterion would ndude personnel, resources and methodologies commonly used by your firm teat may be applicable to the psnject categories.
Corporate history and stability
Tu -ioc ir,knk, Ihs bucofiral t b'ity of lh R p d t , ni ,ap-le t acane and 7 nge,i y, its hiss y involving lit g iou or arbitration with owner- sud ubcormwi- and a statement of any liquidated damages that b- previously been withheld by into
ner dient of he Respond rt on projects in dre last fire (5) years
Referemes
No Additional bstnrn-11
Proposal Respondent
CFG Industries LLC
Horizon Bros. Painting
Corp.
M Tank Coating
Company
N.G. Painting, LP
SpeePro Environmental
Services LTC SES
Tank Pro, Inc.
TMI Coatings
Utility Services Co
ft— #
Description
Quantity
UOM
Unit Prfce
Total
Unit Prfce
Total
Unit Prfce
Total
Unit Price
Total
Unit Price
Total
Unit Priee
Total
Unit Priee
Total
Unit Priee
Tutnl
1
1.5 MMG GROUND STORAGE TANK
INTERIOR
I
Lump S"m
S 230,000.00
S 230,000.00
S 347,700.00
S 347,700.00
S 200,793.00
S 200,193.00
S 275,000.00
S 275,000.00
S 219,110.00
S 219,110.00
$ 240,000.00
$ 240,000.00
$ 360,000.00
$ 360,000.00
S 195,000.00
5 195,000.00
2
1.5 MMG GROUND STORAGE TANK
EXTERIOR
1
Lump Snm
S 135,000.00
S 135,000.00
S 352,600.00
S 352,600.00
S 96,846.00
$ 96,846.00
S 197,000.00
S 197,000.00
S 144,769.00
S 144,769.00
S 159,724.00
S 159,724.00
S 293,000.00
S 293,000.00
S 160,000.00
S 760,000.00
3
Vent& Vent Stack Replacment
1
LompSum
S 4,100.00
S 4,500.00
S 7,000.00
S 7,000.00
S 15,000.00
S 15,000.00
S 8,500.00
S 8,500.00
S 10,16000
S 1.160.00
$ 5,000.00
S 5,000.00
$ 11000.00
S 12,000.00
$ 5,500.00
S 5,500.00
4
Roof Hatch Replacment, Interior Ladder and Float
Switch
1
Lump Sum
S 9,000.00
S 9,000.00
S 12,700.00
S 12,700.00
S 23,461.00
S 23,461.00
S 14,000.00
S 14,000.00
S 22,157.00
S 22,157.00
$ 5,950.00
S 5,950.00
1 20,600.00
S 20,600.00
1 5,500.00
1 5,500.00
5
Removing of Existing Abandoned Fill Piping
1
Lump Sum
S 1,500.00
S 1,500.00
S 1,000.00
S 1,000.00
S 1,500.00
S 1,500.00
S 8,000.00
S 8,000.00
S 8,624.00
S 8,624.00
S 2,800.00
S 2,800.00
S 8,500.00
S 8,500.00
S 3,000.00
S 3,000.00
6
Replacment of Roof Rafter Column Support Ring
I
Lump Sum
S 2.000.00
S 2,000.00
S 22,900.00
S 22,900.00
S 10,000.00
$ 10,000.00
S 13,000.00
S 13,000.00
S 28,603.00
S 28,603.00
S 25,675.00
S 25,675.00
1 29,800.00
S 29,800.00
1 15,000.00
S 15,000.00
7
Additional Pit Filling
5
Gallon
N.'
S -
S 200.00
S 1,000.00
S 300.00
S 1,500.00
S 150.00
S 750.00
S 129.00
S 645.00
$ 60.00
S 300.00
$ 520.00
S 2.600.00
Na"
8 -
Total Lump Sum Project Cost
$382,000.00
$744,900.00
$348,500.00
$516,250.00
$434,068.00
$439,449.00
$726,500.00
$384,000.00
% Value of Cost Compared to Lowest Proposal
85%
44%
93%
63%
75%
74%
45%
85%
Score Based on 45 Points Maximum
38.37
19.68
42.06
28.39
33.77
33.36
20.18
38.17
I
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council: May 1, 2018
Department: Development Services
Subject: Resolution No. 18 -R -50 Consideration .
and /or action approving a Request for a
Historical Incentive Program for the Main
Street Area grant for 528 Main Street. (B.
James /B. James)
In January of 2015, City Council approved Resolution 1.5 -R -03 establishing the Historical.
Incentive Program for the Main Street Area in order to facilitate the preservation of historic
structures to promote the economic vitality of the Main Street area as a tourist destination. The
City of Schertz is offering incentives that will serve to improve existing properties and
businesses within this area. Council subsequently modified the program via Resolution 16 -R -37
to eliminate the requirement that properties be designated as Landmark Properties and to slightly
expand the area eligible for the grant. The resolution established details of the program
including eligibility requirements and a template for the funding agreement.
The program provides matching funds up to $20,000 per property to go towards the cost of
renovations. The aim of the program is to protect, enhance, and preserve the historic resources
and landmarks which represent distinctive elements of the City of Schertz' historic,
architectural, economic, cultural, and social heritage. It does so by providing property owners an
incentive for protecting their property; stabilizing and improving property values; fostering
civic pride in the beauty and accomplishments of the past, and to promoting the use of the
historic structures for the cultural, educational and general welfare of residents. It also serves to
strengthen the economy of the city by protecting and enhancing the attractiveness of the Main
Street area to residents and visitors, as well as providing support and stimulus to businesses.
The Owner of the property at 528 Main Street, Angela Twitero, is applying for a grant to reroof
the structure. Mrs. Twitero is the owner Angela King Designs, Inc. which is located in the
structure.
Mrs. Twitero has provided an estimate of cost of work, attached, of $9,185.59. In the event that
additional work is required as part of the effort staff is recommending up to $5,000 be
approved. The grant is a 1:1 matching grant, so if the cost of the project does not increase, the
City would provide $4,592.79 towards the cost of the project.
City Council Memorandum
Page 2
The Guadalupe County Appraisal District records show the structure to have been built in 1920
which is more than 50 years ago. The property is located in the Main Street Incentive Area, and
taxes must be current prior to paying the grant.
On March 26, 2018 the Schertz Historic Preservation Committee (SHPQ voted to recommend
approval of the request.
Goal
Promote the history and culture of the City of Schertz to tourists and residents.
Community Benefit
Recognize structures of significance to the community's past.
Summary of Recommended Action
Staff recommends approval of Resolution 18 -R -50 approving the Schertz Main Street Area
Preservation Incentive Grant for up to $5,000 subject to the applicant entering into the incentive
agreement with the City.
FISCAL IMPACT
Up to $5,000 from the Hotel Occupancy Tax Funds.
RECOMMENDATION
Approval
ATTACHMENT
Resolution I 8-R-50
Cost Estimate
Photo of Structure
Funding Agreement
RESOLUTION NO. 18 -R -50
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING A REQUEST FOR A HISTORICAL
INCENTIVE PROGRAM FOR THE MAIN STREET AREA GRANT FOR
528 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND
RELATED MATTERS IN CONNECTION THEREWITH
WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources
and landmarks which represent distinctive elements of Schertz' historic, architectural, economic,
cultural, and social heritage by providing property owners and incentive for protecting their
property; and
WHEREAS, Stabilize and improve property values; and
WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote
the use of the historic structures for the culture, education, and general welfare of residents; and
WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness
of the Main Street area to residents and visitors, as well as provide support and stimulus to
businesses.
WHEREAS, the City Council approved the Historical Incentive Program for Main Street;
WHEREAS, the Schertz Historic Preservation Committee is in support of this program and
recommended approval of the grant request for 528 Main Street for up to $5,000;
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby approves the Schertz Main Street Area
Preservation Incentive Program grant request for 528 Main Street subject to the approved criteria
of the program and execution of a funding agreement generally as outlined in Exhibit "A ".
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this Ist day of May 2018.
CITY OF SCHERTZ, TEXAS
Michael :R Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
Exhibit A
420 AUBURN PARK
SELMA TX 78154
Tinsley @TinsleyRoofing.com
(210) -638 -1166
NAME Angela Twitero
ADDRESS 528 Main St.
CELL 210- 865 -2096 CLAIM #,_
POLICY#
CITY /STATE /ZIP Schertz, Tx. 78154 INSURANCE
EMAIL: aking @houseofakd.dom ADJUSTER
We hereby submit specification and estimates for:
NUMBER OF SQUARES 17.45 SHINGLE BRAND Owens Corn
SHINGLE SPECIFICATION
SHINGLE COLOR TBD
Dimensional
TEAR OFF PRESENT SHINGLES ( 1 LAYERS)
INSPECT DECKING SOFFIT FACIA
VALLEY METAL N/A
UNDERLAYMENT 151b
RIDGE VENT N/A
REPLACE PIPE JACKS All w /Leads
INITIALS x
REPLACE PLYWOOD $55.00 PER SHEET
METAL EDGE All
NAIL NEW SHINGLES 1.25"
REFLASH CHIMNEY N/A
REMOVE JOB RELATED DEBRIS ALL
WORKMANSHIP GUARANTEE 5 yrs
SPECIAL INSTRUCTIONS: Install 6sq of modified bitumen w /storm guard underlayment on low slope patio roof;
Remove and replace 57LF of fascia (front fascia replaced with hardie board); Remove and replace 84sgft of soffit (will
replace with hardie soffit); Paint all NEW fascia and soffit.
WE PROPOSE HEREBY to furnish material and labor and complete in accordance with the above
specifications for the sum of $ 9185.59
Payment to be made as follows 50% to start; 50% upon completion
NOTICE OF CANCELLATION: You may cancel this transaction without any penalty or obligation within three (3)
days from . If you cancel, any property traded in, any payments made by you under the contract or
sale, and any negotiable instrument executed by you will be returned within ten (10) business days following receipt by the seller
of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel you must
make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you
under the contract or sale; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the
goods at the sellers expense and risk. If the contract is cancelled after three business days, the owner shall pay to Tinsley
Roofing 20% of the contract price as liquidation damages, not as a penalty. Contract cannot be cancelled once work is
commenced.
Tinsley Roofing Representative: Date of Acceptance x
Bruce Rea 210 - 995 -3686 Signature: x
STATE OF TEXAS §
COUNTY OF BEXAR §
HOTEL TAX FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ,
TEXAS AND FOR EXPENDITURE OF HOTEL OCCUPANCY TAX
FUNDS
This Hotel Tax Funding Agreement (AGREEMENT) is made and entered I into by and between the City of
Schertz, Texas (CITY) and (ENT T.
WHEREAS, the ENTITY -�----`��devcloped a proposal to
and
WHEREAS, the City of Schertz finds thatr promoting the enhancement and perpetuation of
structures of historical importance and significande',are necessary to promote t)re economic, cultural,
educational and general welfare of the public; and
WHEREAS, the area
of the community; and
WHEREAS, the. Ci
historic restoration and.,.f6hhb
social, cultural and tourism bul
WHEREAS, in order'�
vitality of the �%�-Street area
serve to - existing pxop
WHERBAS, the City"
revenues to the- °
NOW, THEREFORE, , it
in Schertz— 66 served as commercial and social hub
seeks to in npvc the Re of the area around Main Street through
if , ion of structures in the .-MA Strce fYhfea to serve as a commercial,
4
f1be," City; and
of historic structures to promote the economic
City of Schertz is offering incentives that will
his area.; and
City of Schertz desires to provide Hotel Occupancy Tax
agreed by and between the CITY and ENTITY as follows:
GENERAL PROVISIONS
Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for
the project identified in the attached Exhibit "A" (the "Project"), the intent of which is to protect,
enhance, and preserve the historic resources and landmarks which represent distinctive elements of the
City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property
owners an incentive for protecting their property; stabilize and improve property values; foster civic pride
in the beauty and accomplishments of the past, and to promote the use of the historic structures for the
culture, education, and general welfare of residents, and strengthen the economy of the city by protecting
and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide
support and stimulus to businesses.
PAGE 1 OF 5
Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds
provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding
application, and the attached Exhibit "A".
Section 3, Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed
accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the
"Post Event Report"). The Post Event Report shall include copies of receipts and other documents
establishing the expenditures for the project. The CITY shall not make reimbursements for
expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted.
Section 4. Authorization of Payment. Subject to,tfi6 BNTri
compliance with the terms of this AGREEMENT the CITY a s
gr
percent (50%) of the Project from hotel occupancy tax funds. Paymi
(45) days of acceptance of the complete Post Event Report. Partial i
accepted. Only expenditures that meet Chapter 0' of the Tax Code
reimbursed,
Section S. Appeal Process. An'y-J
present their appeal in writing within t4 ("v
Section 6. Rights. The Ci ty of S
records of the ENTITY that l_ relate to
expenses, has the right * conduct --An.1audit of
Section 7.
The
Y'S satisfactory performance and
to pay the ENTITY up to fifty
ii.twill be made within forty-five
)rincomplete reports will not be
and lhi&AGREEMENT shall be
the decision-df the CITY must
denial,
time, to inspect the books or
,4ENT. The CITY, at its sole
become effective as of the date entered below.
affective date or once the terms have been met,
Section 8. Indemnific'Afion. T agrees to defend, indemnify and bold harmless the
CITY, its offidets, agents and employees, agh_iust any and all claims, lawsuits, judgments, cause of action,
costs and expensd,s .__fOr personal -injury including death), property damage or other harm for which
recovery of damages is-.sought, suffqr d by any person or persons, that may arise out of or be occasioned
by the ENTITY's brea0h of ,any ..of -f46 terms or provisions of this AGREEMENT, or by any negligent act
or emission of the ENTITY�iitgl&ffibers, agents, servants, employees, contractors, or subcontractors, in the
performance of this AGREE except that the indemnity provided for in this paragraph shall not
apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or
separate contractors, and in the event of joint and CODCLUTCUt negligence of both the ENTITY and the
CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions
of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any
rights, contractual or otherwise, to any other person or entity. -Both parties expressly agree that this
AGREEMENT does not assign any responsibility for civil liability to the City of Scheriz that may arise by
virtue of this AGREEMENT.
Section 9. Termination- A. party may terminate this AGREEMENT in xholc or in part if the
PACE 2 OF 5
other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to
conform to any change required by federal, state or local laws or regulations; or for the convenience of
either party. The terminating party shall provide written notification to the other party of the decision to
terininate this AGREEMENT within thirty (30) days before the effective date of termination. A party
may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon
written notice of the breach and the breaching patty shall have ten (10) days after receipt of the written
notice in which to cure the breach to the satisfaction of the non-breaching party.
Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in
writing and shall be delivered in person or mailed as follows:
to the CITY at:
City of Schertz
Attention: City Manager
1400 Schertz Parkway
Schertz, TX 78154
(210) 619-1000
To the ENTITY at: [Name of Ell,,
(Attention:
[Address:
[Mailing address if different front
[City, State, ZIP,
[Telephone num. p�:
_eSdetion 11. PiM�-Agre6iribnt. This -AGREEMENT constitutes the entire agreement of the
parties ing the sub er"coittained herein. The patties may not modify or amend this
AGREEMEN-T-,
-except by wri! approved by the governing bodies of each party and duly
executed by
Section 12, _ZMproval. AGREEMENT has been duly and properly approved by each
party's governing body abd);911git" a binding obligation on each party.
Section 13. Assignment. Except as otbenvise, provided in this AGREEMENT, a party may not
assign this AGREEMENT or subcontract the performance of services without first obtaining the written
consent of the other patty.
Section 14. Non-Waiver, A party's failure or delay to exercise right or remedy does not
constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT
does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT
are cumulative and are not exclusive of other -rights or remedies provided by law.
PAGE 3 OF 5
Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience
of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section
thereof.
Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing part),
shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket
expense such as deposition costs; telephone, calls, travel expenses, expert witness fees, court costs, and
thew reasonable expenses, unless otherwise prohibited by law.
Section 17. Severability. The parties agree that in=.the event any provision of this
AGREEMENT is declared invalid by a court of competent jurrsdlctioti " that part of the AGREEMENT is
severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the
AGREEMENT shall be in full force and effect.
Section 18, Venue. The parties agree that';7-AW that -All disputes that arise of this AGREEMENT are
governed by the laws of the State of Texas and verme for all purposes herewith all be in Ivlilam County,
Texas. -
Section 14. Certificate of Insuraj.cc. The ENTITY---a s to provide a certificate of insurance
for liability and worker's compensation insurance or letter of self- insurance on its letterhead indicating
its self- insured status before any event a iarded $znding under is AGREEMENT. The cast of the
insurance herein mentioned to be secured and marntamed by the ENTITY shall be borne solely by the
ENTITY.
IN WITNESS HEREOF,.-',-the CiT
AGREEMENT to be of ective:this ' x" da:
City Secretary
(Title)
(Title)
and execute this
ZO
PAGF 4 4F 5
[Describe the prof cet to be performed]
PAGE S or 5
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: May 1, 2018
Department:
Subject:
City Secretary
Boards, Commissions and Committee
Member Resignations
The City Secretary's Department recently received a resignation notice from Mr. Gary Howell
stating that effective April 6, 2018 he will be vacating his seat on the Economic Development
Corporation Board.
FISCAL IMPACT
I�►�Cii T-a
RECOMMENDATION
Staff recommends Council accept the resignation of Mr. Gary Howell.
ATTACHMENT
Resignation
CITY COUNCIL MEMORANDUM
City Council Meeting: May 1, 2018 .
Department:
Engineering
Agenda No. 6
Subject: Resolution No. 18 -R -53 — A Resolution by the City
Council of the City of Schertz, Texas approving and
authorizing Water, Wastewater, Access, and
Drainage, Easement Agreements across Private
Property from San Antonio One and San Antonio
Three Limited Partnerships, and other matters in
connection therewith
BACKGROUND
The owners of the undeveloped land along the east side of Wiederstein Road between IH 35 and
Old Wiederstein Road intend to construct public infrastructure improvements in order to
facilitate future development of the property. The improvements include water and wastewater
mains, drainage facilities, and access to an adjacent property. As extensions of the City of
Schertz water and wastewater sanitary sewer systems, the City will accept the mains as public
improvements and therefore require easements in order to access the facilities for operation and
maintenance. The Maintenance and Easement Agreement for a proposed drainage facility on the
same property is necessary in order to ensure the proper maintenance and operation of said
facility by the property owner.
Goal
The goal of Resolution 18 -R -53 is to accept and authorize the Water, Wastewater, Access, and
Drainage Maintenance Easement Agreements from San Antonio One LP and San Antonio Three
LP.
Community Benefit
Ensuring properly designed, constructed, and maintained infrastructure facilities to serve orderly
development meets a core service need in keeping with the Strategic Plan of the City.
Summary of Recommended Action
Staff recommends Council approve Resolution 18 -R -53, approving and authorizing execution of
the Water, Wastewater, Access, and Drainage Easement Agreements with San Antonio One LP
and San Antonio Three LP.
FISCAL IMPACT
There is no direct fiscal impact from this Resolution.
RECOMMENDATION
Staff recommends Council approve Resolution 18 -R -53.
City Council Memorandum
Page 2
ATTACHMENTS
Resolution 18 -R -53
• Water, Wastewater, and Access Easement Agreement (access to IH 35) with San. Antonio
One LP and San Antonio Three LP
• Water, Wastewater, and Access Easement Agreement (access to Wiederstein Road) with
San Antonio One LP and San Antonio Three LP
• Maintenance and Easement Agreement (Drainage) with San Antonio One and LP and
San Antonio Three LP
RESOLUTION NO. 18 -R -53
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING WATER,
WASTEWATER, ACCESS, AND DRAINAGE EASEMENT
AGREEMENTS FROM SAN ANTONIO ONE AND SAN ANTONIO
THREE LIMITED PARTNERSHIPS, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into agreements for Water, Wastewater, Access, and Drainage Easement Agreements
with San Antonio One and San Antonio Three Limited Partnerships (collectively, the
"Grantors "), in the form attached hereto as Exhibit A (the "Agreements "); and
WHEREAS, the City needs the Water, Wastewater, and Access Easements in connection
with the construction, operation, and maintenance of water and wastewater mains to be
constructed within the easements in the vicinity of the intersection of Wiederstein Road with III
35; and
WHEREAS, the Drainage Easement is necessary to ensure the maintenance of a surface
drainage facility; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept the Water, Wastewater, Drainage, and Access Easements in accordance with the terms of
the Agreements.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
1�II I.11
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreements with the Grantors in substantially the form set forth on Exhibit A and to
accept the Water, Wastewater, Access, and Drainage Easements in accordance with the terms of
the Agreements.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 1st day of May, 2018.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
EASEMENT AGREEMENTS
1 !0414 85 11
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, WASTEWATER, AND ACCESS EASEMENT AGREEMENT
(PHASE 1 IH 35 ACCESS
THE STATE OF TEXAS §
COUNTY OF GUADALUUPE §
GRANT OF EASEMENT:
SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE
LIMITED PARTNERSHIP, 2111 Woodward Ave. #910, Detroit, Wayne County, MI 48201,
( "Grantor "), 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:
1. 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 and
ingress /egress purposes.
a. 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.
b. The Easement shall also be used for the purpose of ingress and egress across
Grantor's property to the adjacent tract of property.
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution and the official filing of a release document by Grantee.
5. Resenwtion 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. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 7., immediately below, improvement and maintenance of the Public
Utility 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 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.
7. 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.
8. 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.
9. 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.
10. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
11. 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
Guadalupe County in which the Easement Property is located.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Legal Construction. Any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability 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.
18. 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.
19. 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.
20. 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 4Wday of April, 2018.
(i'R ANTnR,
San Antonio One Limited Partnership
by &" d 6;�"
Charles A. Forbes, its general partner
San Antonio Three Limited Partnership
" W- JAtl�f
by 4t' &
Charles A. Forbes, its general partner
THE STATE OF MICHIGAN
*
COUNTY OF WAYNE
GRANTEE:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
Brian James, Acting City Manager
This instrument was acknowledged before me on , 20_, by
Brian James, Acting City Manager of the City of Schertz, Texas, a Texas home -rule
municipality, on behalf of said municipality.
Notary Public Signature
(seal)
EXHIBIT "A"
EASEMENT TRACT
EXHIBIT "A"
ACCESS, DRAINAGE, WATER,
& WASTEWATER EASEMENT
BEING a 0.4063 acre tract of land located in the Robert Martin & JF Walker Survey, Abstract No. 244, City
of Schertz, Guadalupe County, Texas, said 0.4063 acre tract of land being a portion of the remainder of a
called 200.198 acre tract of land conveyed to SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE,
L.P., by deed as recorded in Volume 979, Page 475, Official Public Records, Guadalupe County, Texas
(O.P.R.G.C.T.), said 0.4063 acre tract of land being more particularly described by metes and bounds as
follows:
COMMENCING at a TXDOT monument with brass cap found at the north property corner of the said San
Antonio One tract, same being the west property corner of a called 21.50 acre tract of land conveyed to
Bussey's LTD., by deed as recorded in Volume 717, Page 727, O.P.R.G.C.T., said commencing point also
being the north lot corner of future Lot 1, Wiederstein Ranch, being a future addition to the said City of
Shertz, Guadalupe County, Texas, to be conveyed by separate instrument, said commencing point further
being on the southeast right -of -way line of Interstate Highway No. 35, being a variable width right -of -way,
THENCE South 45 °31'22" West, along the northwest property line of the said San Antonio One tract, and
along the said right -of -way line, a distance of 380.50 feet to the POINT OF BEGINNING, said beginning
point having a NAD 83 Texas South Central Zone (4204) coordinate of N: 13,771,121.82 and E:
2,202,977.56;
THENCE South 44 °25'40" East, departing said property line and said right -of -way line, over and across the
said San Antonio One tract, 354.57 feet to a northwest lot line of said future Lot 1;
THENCE South 46 054'30" West, along the said future lot line, 50.01 feet;
THENCE North 44 025'40" West, departing said future lot line, continuing over and across the said San
Antonio One tract, 353.36 feet to a point on the said north property line of the San Antonio One tract, same
being the said southeast right -of -way line, from said point a TXDOT monument with brass cap bears, South
45 °31'22" West, 858.04 feet;
THENCE North 45 °31'22" East, along the said property line and the said right -of -way line, 50.00 feet to the
POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.4063 acres (17,698 square feet) of
land more or less.
The basis of bearings for this survey is NAD83 Texas South Central Zone (4204). All distance shown are
ground.
*SURVEYORS CERTIFICATE*
I do hereby certify that the above legal description was prepared from public records and from an actual and
accurate survey upon the ground and that same is true and correct. --eA, �%- `04/25/2018
r E OF r
P� STfR F+ \
Surveyors Name: Eric S. Spooner
Registered Professional Land Surveyor, Texas No. 5922 < ERIC S. SPOONER >
Spooner and Associates, Inc. `` 5922
Texas Board of Professional Land Surveying No. 10054900 °Fe 04
L y J/
Surveyed on the ground April - 2018 �
SCHERTZ COMMERCIAL
SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. - A.D.W.W.W. EASEMENT - IT "A" - PAGE I OF 2
SPOONER AND ASSOCIATES, INc, 309 BYERS STREET, #100, EULESS, TEXAS 76039 - PH. 817- 685 -8448 - ESPOONER @SPOONERSURVEYORS.COM - S &A #18 -032
POINT OF MAP OF EXHIBIT "All
BEGINNING SEEATTACHED METES & BOUNDS
DESCRIPTION ON PAGE I HEREIN
N: 13, 771,121.82
E: 2202,977.56
INTERSTATE HIGHWAYNO. 35
POINT OF
TXDOT
MONUMENT W/A (NAD 83,
(VARIABLE WIDTH R.O.W.)
COMMENCING
T.S. C.Z. - 4204)
BRASS CAP FND.
TXDOTMONUMENT
N45 °31 '22 "E
BRASS CAP FOUND
50.00,
RIGHT-OF-WAY
LINE
100.00'
S45 °31'22 "W — 380.50'
r-
S45 °31'22 "W — 858.04' i
I SURVEYOR'S NOTE:
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE
TEXAS STATE PLANE NAD83 SOUTH CENTRAL ZONE
(4204). ALL DISTANCES SHOWN ARE GROUND.
/
SURVEYED ON THE GROUND APRIL, 2018
0 30' 60'
GRAPHIC SCALE
IN FEET
V =60'
I I
ACCESS, DRAINAGE, WATER,
& WASTEWATER EASEMENT
I
0.4063 ACRES (17,698 SQ. FT.)
I
I I
REMAINDER OF
Lo iM CALLED: 200.998 ACRES
w SAN ANION /O ONE, L. P. &
0' Io SAN ANTONIO THREE, L.P.
VOL. 979, PG. 475,
N I I N
v O.P.R.G.C. T.
I I1*
zI Iy
I
! I
I I h
I O
�Oo 13�G3i� SM� EY
JF WALKER a,,4SAC-r MC . 'w
I I
I I
I I
I
N46 °54'29 "E - 196.53'
FUTURE LOT 1
WIEDERSTEIN
RANCH
(BY SEPARATE
INSTRUMENT)
- - -�—
— — — — — — — — — — — — —
S46 °54'30°- PROPOSED 30' WIDE ACCESS WATER,
50.01 ' WASTEWATER & DRAINAGE EASEMENT
— — — — — — — (BYSEPARATE INS TRUMENT)
ACCESS, DRAINAGE, WATER, SPOONER&
WASTEWATER EASEMENT
SCHERTZ COMMERCIAL A§,EsST..2xlATES
CITY OF SCHERTZ, FESVONALUND SURVEYORS
GUADALUPE COUNTY, TEXAS ® °
PROPERTY: SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P.
WHOLE PROPERTY ACREAGE: 200.198 ACRES (DEED)
18 -032 SCHERTZ COMMERCIAL_ ACCESS EASEMENT.dwg
309 BYERS STREET, SUITE 100, EULESS, TEXAS 760:
(817) 685 -8448 WWW.SPOONERSURVEYORS.COM
TBPLS FIRM NO. 10054900
VV- '
DATE: 0412612018CHECKED BY. E.S.S. ' A.D.W.W.W. ESMNT. — PAGE 2 OF 2
0
a
CALLED: 21.50 ACRES
BUSSEY'S LTD.
VOL. 717, PG. 727,
O.P.R.G.C.T.
i^,,-- 4 -25 -18
/ �P •�� � s TER
N\
4 ERIC S. SPOONER
.... ..5922 ......
EXHIBIT A.2
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, WASTEWATER, AND ACCESS EASEMENT AGREEMENT (EAST WEST
CONNECTOR FROM WIEDENSTEIN ROAD
THE STATE OF TEXAS §
COUNTY OF GUADALUUPE §
GRANT OF EASEMENT:
SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE
LIMITED PARTNERSHIP, 2111 Woodward Ave. #910, Detroit, Wayne County, MI 48201,
( "Grantor "), 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:
1. 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 and
ingress /egress purposes.
a. 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.
b. The Easement shall also be used for the purpose of ingress and egress across
Grantor's property to the adjacent tract of property.
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution and the official filing of a release document 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. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 7., immediately below, improvement and maintenance of the Public
Utility 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 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.
7. 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.
8. 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.
9. 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.
10. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
11. 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
Guadalupe County in which the Easement Property is located.
12. 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.
13. 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.
14. 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.
15. 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.
16. Exceptions to Karranty. This grant is subject to any and all encumbrances and
easements of record, to the extent the same are valid and enforceable.
17. Legal Construction. Any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability 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.
18. 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.
19. 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.
20. 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 day of April, 2018.
(,R A NTnR
San Antonio One Limited Partnership
by
Charles A. Forbes, its general partner
San Antonio Three Li ited Partnership
by '�� 4 - C;�"
Charles A. Forbes, its general partner
THE STATE OF MICHIGAN
*
COUNTY OF WAYNE
GRANTEE:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
Brian James, Acting City Manager
This instrument was acknowledged before me on , 20_5 by
Brian James, Acting City Manager of the City of Schertz, Texas, a Texas home -rule
municipality, on behalf of said municipality.
Notary Public Signature
(seal)
EXHIBIT "A"
EASEMENT TRACT
EXHIBIT "A"
ACCESS, DRAINAGE, WATER,
& WASTEWATER EASEMENT
BEING a 2.4946 acre tract of land located in the Robert Martin & JF Walker Survey, Abstract No. 244, City
of Schertz, Guadalupe County, Texas, said 2.4946 acre tract of land being a portion of the remainder of a
called 200.198 acre tract of land conveyed to SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE,
L.P., by deed as recorded in Volume 979, Page 475, Official Public Records, Guadalupe County, Texas
(O.P.R.G.C.T.), said 2.4946 acre tract of land being more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2 inch iron rod with cap stamped `B.P.I." found at an east property corner of the said
San Antonio One tract, same being the south property corner of a called 21.50 acre tract of land conveyed to
Bussey's LTD., by deed as recorded in Volume 717, Page 727, O.P.R.G.C.T., said commencing point also
being a north property corner of a called 101.385 acre tract of land conveyed to Board of Trustees of the
Schertz - Cibolo- Universal City Independent School District, by deed as recorded in Volume 4216, Page 649,
O.P.R.G.C.T.;
THENCE along the northeast property line of the said San Antonio One tract, and along the southwest
property line of the said Bussey tract, the following courses and distances:
North 30'47'14" West, 28.10 feet to a 1/2 inch iron rod with cap stamped `B.P.I.' ;
North 31 °16'03" West, 172.07 feet to the POINT OF BEGINNING, said beginning point having a
NAD 83 Texas South Central Zone (4204) coordinate of N: 13,770,179.41 and E: 2,203,983.23;
THENCE departing said property lines, over and across said San Antonio One tract, the following courses
and distances:
South 58 °43'54" West, 244.37 feet;
South 58'48'12" West, 1,823.88 feet;
South 30 °51'02" West, 56.53 feet;
South 58 °45'36" West, 132.29 feet to a point on the southwest property line of the said San Antonio
One tract, said point being on the northeast right -of -way line of Wiederstein Road, being a variable
width right -of -way, from said point a 1/2 inch iron rod with cap stamped `B.P.I." found at the south
property corner of the said San Antonio One tract bears, South 31 ° 13'l 7" East, 1,382.91 feet;
THENCE North 31'13'17" West along the said property line, and along the said right -of -way line, 92.00
feet;
THENCE departing said property line, and said right -of -way line, over and across said San Antonio One
tract, the following courses and distances:
North 58 °45'36" East, 132.26 feet;
North 81 °05'47" East, 54.04 feet;
North 58048'12" East, at a distance of 1,277.98 feet passing the south lot corner of future Lot 1,
Wiederstein Ranch, being a future Addition to the said City of Schertz, Guadalupe County, Texas, to
SCHERTZ COMMERCIAL
SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. - A.D.W.W.W. EASEMENT - EXHIBIT "A" - PAGE 1 OF 3
SPOONER AND ASSOCIATES, INc, 309 BYERS STREET, #100, EULESS, TEXAS 76039 -PH. 817- 685 -8448 - ESPOONER @SPOONERSURVEYORS.COM- S &A #18 -032
be conveyed by separate instrument, continuing along the southeast lot line of said future Lot 1, a
total distance of 1,823.86 feet;
North 58 °43'54" East, 244.34 feet to the said northeast property line of the said San Antonio One
tract, same being the said southwest property line of the Bussey tract;
THENCE South 31 °16'06" East, along the said property lines, 45.00 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 2.4946 acres (108,663 square feet) of
land more or less.
The basis of bearings for this survey is NAD83 Texas South Central Zone (4204). All distance shown are
ground.
*SURVEYORS CERTIFICATE*
I do hereby certify that the above legal description was prepared from public records and from an actual and
accurate survey upon the ground and that same is true and correct.
Surveyors Name: Eric S. Spooner
Registered Professional Land Surveyor, Texas No. 5922
Spooner and Associates, Inc.
Texas Board of Professional Land Surveying No. 10054900
Surveyed on the ground April - 2018
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SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. - A.D.W.W.W. EASEMENT - EXHIBIT "A" - PAGE 2 OF 3
SPOONER AND ASSOCIATES, ANC, 309 BYERS STREET, #100, EULESS, TEXAS 76039 - PH. 817- 685 -8448 - ESPOONER @SPOONERSURVEYORS.COM- S &A #18 -032
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EXHIBIT A.3
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This Maintenance and Easement Agreement ( "Agreement ") is made by and
between SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO
THREE LIMITED PARTNERSHIP, 2111 Woodward Ave. #910, Detroit, Wayne
County, MI 48201, ( "Grantor ") and the CITY OF SCHERTZ, TEXAS, a Texas home -
rule city, with office located at 1400 Schertz Parkway, Schertz, Guadalupe County, TX
78154, ( "Grantee "), and is as follows:
RECITALS
WHEREAS, the tract of real property that is the subject of this Agreement (the
"Development Tract ") is located in Guadalupe County, Texas and are more particularly
described on Exhibit "A ", attached hereto and incorporated herein by reference; and
WHEREAS, Storm water drainage improvements have been designed and will be
constructed on the Development Tract ( "Drainage System "); and
WHEREAS, "Grantor" shall mean Grantor and Grantor's heirs, successors, and
assigns who at any time own any interest in the conveyance; and
WHEREAS, Grantor has agreed to maintain the Drainage System according to the
guidelines set forth in Exhibit "B ", attached hereto and incorporated herein by reference
( "Maintenance Obligations "); and
WHEREAS, Grantor desires to grant to Grantee an easement over the Tract upon
which the Drainage System is located for the purpose of allowing Grantee to enforce the
maintenance obligations; and
WHEREAS, this grant of easement in no way imposes any requirement upon
Grantee to expend money or resources towards the operation or maintenance of the
Drainage System although it does allow Grantee to enforce the maintenance obligations
via self -help remedies if it so elects; and
AVOW THEREFORE, for and in consideration 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, Grantor hereby GRANTS, SELLS and
CONVEYS, to Grantee a non - exclusive easement on, over, through and across the
Development Tract to enforce the Maintenance Obligations ( "Easement ").
This Agreement shall be subject to the following terms and provisions:
1. Maintenance Obligations. Grantor will perform the Maintenance
Obligations.
2. Character of Easement. The Easement is an easement in gross.
3. Duration of Easement. The Easement shall continue in perpetuity unless
relinquished or abandoned by ordinance or resolution and the official filing of a release
document by Grantee.
4. Purpose of Easement. Grantor covenants and agrees that this Easement
shall authorize Grantee to enforce the Maintenance Obligations including the right of
self -help.
5. Enforcement. Each party shall have and be entitled to enforce all rights
and remedies at law or in equity including the following:
a. If either party defaults in the performance of its obligations
hereunder and the default is not cured within ten (10) days following delivery of
written notice, then the non - defaulting party shall have the right to perform such
obligation on behalf of the defaulting party, in which event the defaulting party
shall irnmediately pay to the non - defaulting party all reasonable amounts
expended.
b. In the event of a breach by any party hereto of any obligation of such
party under this Agreement, the non - defaulting party shall be entitled to injunctive
relief mandating compliance herewith, and shall be entitled to obtain a decree
hereunder. The undersigned hereby acknowledge and stipulate the inadequacy of
legal remedies and irreparable harm which would be caused by the breach of this
Agreement, and such non - defaulting party shall be entitled to relief by any and all
other available legal and equitable remedies from the consequences of such
breach. Any costs and expenses of any such proceeding, including reasonable
attorney's fees, shall be paid by the defaulting party.
6. Entire Agreement. This Agreement contains the entire agreement
between the parties relating to the rights granted. Any oral representations or
modifications concerning this Agreement shall be of no force and effect except in a
subsequent modification in writing, signed by the party to be charged.
7. Attorney's Fees. In the event of any controversy, claim, or dispute relating
to this Agreement or the breach, the prevailing party shall be entitled to recover from the
non - prevailing party reasonable expenses, attorney's fees, and costs.
8. Binding Effect. This Agreement, and the terms, covenants, and conditions
shall be covenants running with the Development Tract and shall inure to the benefit of
and be binding upon the heirs, personal representatives, successors, and assigns of each
of the parties.
9. 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
Guadalupe County.
10. No Waiver. Except for a written waiver signed by the party to be charged,
any action or inaction by any party with respect to any provision of this Agreement,
including, but not limited to, a party's failure to enforce any provision of this Agreement,
shall not constitute a wavier of that provision or any other provision of this Agreement.
Any waiver by any party of any provision of this Agreement shall not constitute a waiver
of any other provision of this Agreement.
11. Headings. Any section headings in this Agreement are for reference only
and shall not modify or affect the interpretation of this Agreement in any manner
whatsoever.
12. Notices. Any notice or communication required or permitted hereunder shall
be deemed to be delivered, whether actually received or not, when deposited in the
United States mail, postage fully prepaid, registered or certified mail and addressed to the
intended recipient at the address shown herein, and if such address is not known, then at
the last known address according to the records of the party delivering the notice. Notice
given in any other manner shall be effective if and when received by the addressee.
In witness whereof, this instrument is executed this day of April, 2018.
San Antonio One Limited Partnership
' W x
by_
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Charles A. Forbes, its general partner
San A tomo Three Limited Partnership
by W 4:�041(al-f
Charles A. Forbes, its general partner
THE STATE OF MICHIGAN
COUNTY OF WAYNE
This instrument was acknowledged before me on the f ay of April, 2018, by
Charles A. Forbes in his capacity as general partner of San Antonio One Limited Partnership and
San Antonio Three Limited Partnership. l
City of Schertz
A Texas home -rule municipality
Brian James
Acting City Manager, City of Schertz
STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of , 20_ by
Brian James, Acting City Manager of the City of Schertz, Texas, a Texas home -rule
municipality, on behalf of said municipality.
Notary Public, State of Texas
Exhibit:
"A" Description of Development Tracts
"B" Maintenance Obligations
EXHIBIT "A
Description of Easement Area
(as attached)
EXHIBIT "B"
Maintenance Obligations
The following guidelines are established for the maintenance and inspection of the
Drainage System.
Inspections: The Drainage and Detention System should be inspected at least once a
quarter unless specified otherwise to evaluate if the system is functioning properly. One
of these inspections should occur during or immediately following a rainfall event.
Sediment Removal: All sediment accumulation shall be removed from outlet structures
and drainage pathways downstream of drainage structures at least once bi- annually or
anytime sediment accumulation is greater than 3 inches of depth.
Mowing: The earthen side slopes, embankments, and bottom of the Drainage System
shall be mowed at least once a quarter, or anytime vegetation height is greater than 12
inches. Mowing may be required more frequently for aesthetic purposes and to prevent
the growth of weeds. For mowing operations, a mulching type mower will be utilized or
all grass clippings will be caught and removed.
Debris and Litter Control: During inspections, mowing, or other regular maintenance
activities, all visible debris and litter will be removed from within the Drainage System.
Special attention will be paid to debris within the facility that could block the outlet
structures and alter drainage facility functionality.
Erosion Control: Earthen portions of the facilities will be maintained with vegetative
cover to control erosion. If during inspections or regular maintenance activities, any
slumping or erosion is observed, the area will be re- graded and re- vegetated to original
conditions.
Nuisance Control: Standing water or constantly wet conditions within the facility can
promote nuisance problems for nearby residents and businesses. These problems include
odors, mosquitoes, weeds, and litter. If encountered, these problems will be addressed
during regular maintenance operations.
Record Keeping: The property owner shall maintain records of the stonn water
management facilities including installation and of all maintenance and repairs. These
records shall be maintained for a minimum of three years and be made available to City
of Schertz during inspection of the facilities and at other reasonable times upon request.
EXHIBIT "A"
DRAINAGE EASEMENT
BEING a 0.2275 acre tract of land located in the Robert Martin & JF Walker Survey, Abstract No. 244, City
of Schertz, Guadalupe County, Texas, said 0.2275 acre tract of land being a portion of the remainder of a
called 200.198 acre tract of land conveyed to SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE,
L.P., by deed as recorded in Volume 979, Page 475, Official Public Records, Guadalupe County, Texas
(O.P.R.G.C.T.), said 0.2275 acre tract of land being more particularly described by metes and bounds as
follows:
COMMENCING at a TXDOT monument with brass cap found at the north property corner of the said San
Antonio One tract, same being the west property corner of a called 21.50 acre tract of land conveyed to
Bussey's LTD., by deed as recorded in Volume 717, Page 727, O.P.R.G.C.T., said commencing point also
being the north lot corner of future Lot 1, Wiederstein Ranch, being a future addition to the said City of
Schertz, Guadalupe County, Texas, to be conveyed by separate instrument, said commencing point further
being on the southeast right -of -way line of Interstate Highway No. 35, being a variable width right -of -way,
THENCE South 45 °31'22" West, along the northwest property line of the said San Antonio One tract, and
along the said right -of -way line, a distance of 995.02 feet to the POINT OF BEGINNING, said beginning
point having a NAD 83 Texas South Central Zone (4204) coordinate of N: 13,770,691.28 and E:
2,202,539.07;
THENCE departing said property line and said right -of -way line, over and across the said San Antonio One
tract, the following courses and distances:
South 49 °10'29" East, 297.16 feet to the beginning of a non - tangent curve to the left having a radius
of 55.00 feet;
In a easterly direction, along said curve to the left, an are length of 79.38 feet, and across a chord
which bears, North 89 °28'36" East, a chord length of 72.67 feet to the most northerly west lot corner
of said future Lot 1;
THENCE South 45 °49'28" East, along the future southwest lot line of said future Lot 1, 25.04 feet to the
beginning of a non - tangent curve to the right having a radius of 80.00 feet;
THENCE departing the said future lot line, continuing over and across the said San Antonio One tract, the
following courses and distances:
In a westerly direction, along said curve to the right, an are length of 117.19 feet, and across a chord
which bears, South 88 °51'32" West, a chord length of 106.99 feet;
North 49'10'29" West, 299.22 feet to a point on the said northwest property line, same being the said
right -of -way line, from said point a TXDOT monument with brass cap bears, South 45 °31'22" West,
268.46 feet;
THENCE North 45 °31'22" East, along the said property line and along the said right -of -way line, 25.08 feet
to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.2275 acres (9,912 square feet) of land
more or less.
SCHERTZ COMMERCIAL
SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. - DRAINAGE EASEMENT - EXHIBIT "A" - PAGE 1 OF 3
SPOONER AND ASSOCIATES, INC, 309 BYERS STREET, #100, EULESS, TEXAS 76039 - PH. 817 - 685 -8448 - ESPOONER @SPOONERSURVEYORS.COM- S &A #18 -032
The basis of bearings for this survey is NAD83 Texas South Central Zone (4204). All distance shown are
ground.
*SURVEYORS CERTIFICATE*
I do hereby certify that the above legal description was prepared from public records and from an actual and
accurate survey upon the ground and that same is true and correct.
SCHERTZ COMMERCIAL
SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. — DRAINAGE EASEMENT — EXHIBIT "A" — PAGE 2 OF 3
SPOONER AND ASSOCIATES, INC, 309 BYERS STREET, #100, EULESS, TEXAS 76039 —PH. 817- 685 -8448 — ESPOONER @SPOONERSURVEYORS.COM— S &A #18 -032
® e A a ®04/25/2018
Surveyors Name: Eric S. Spooner
® OF
G,srFRT�f
��
Registered Professional Land Surveyor, Texas No. 5922
® co e-� N
Spooner and Associates, Inc.
Texas Board of Professional Land Surveying No. 10054900
; ERIC S. SPOONER
- 2018 Surveyed on the round April
-� 5922 /
, 01
o�
SCHERTZ COMMERCIAL
SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. — DRAINAGE EASEMENT — EXHIBIT "A" — PAGE 2 OF 3
SPOONER AND ASSOCIATES, INC, 309 BYERS STREET, #100, EULESS, TEXAS 76039 —PH. 817- 685 -8448 — ESPOONER @SPOONERSURVEYORS.COM— S &A #18 -032
MAP OF EXHIBIT "A"
SEE ATTACHED METES & BOUNDS
DESCRIPTION ON PAGES I & 2 HEREIN
CURVE TABLE
CURVE #
RADIUS
LENGTH
CH BEARING
CH LENGTH
Cl
55.00
79.38'
N89 02836 "E
72.67'
C2
80.00
117.19'
S88 051'32 "W
106.99'
RIGHT -OF -WAY
LINE
\ 5D
0 50' 100'
It
GRAPHIC SCALE IN FEET
h
5 $•
1" = 100'
POINT OF
BEGINNING
N: 93,770,691.28
POINT OF
6
COMMENCING
° TXDOT MONUMENT
BRASS CAP FOUND
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REMAINDER OF /
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CALLED: 200.198 ACRES
SANANTONIO ONE, L.P. &
SAN ANTON /O THREE, L.P.
VOL. 979, PG. 475,
3
O. P. R. G. C. T.
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/♦ E: 2,202,539.07
♦ (NAD 83,
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♦ ♦ ♦ ♦ / S1P' WIEDERSTEIN
♦♦ ♦; DRAINAGE EASEMENT °,�o� RANCH
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SURVEYOR'S NOTE;
THE BASIS OF BEARINGS FOR THIS
SURVEY IS THE TEXAS STATE PLANE
NAD83 SOUTH CENTRAL ZONE (4204).
ALL DISTANCES SHOWN ARE GROUND.
SURVEYED ON THE GROUND APRIL, 2018
DRAINAGE EASEMENT
SCHERTZ COMMERCIAL
CITY OF SCHERTZ,
GUADALUPE COUNTY, TEXAS
aDQEN4 WQ
SURVEY
PROPERTY: SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P.
WHOLE PROPERTY ACREAGE: 200.198 ACRES (DEED)
18 -032 SCHERTZ COMMERCIAL_ DRAINAGE EASEMENT.dwg
LINE TABLE
LINE
BEARING
DISTANCE
L1
S49 010'29 "E
297.16'
L2
S45 04928 "E
25.04'
L3
N49 °10'29 "W
299.22'
L4
N45 031'22 "E
25.08'
DATE: 0 1261 10-VJ< I U-EC- Y O 1. J.o.l.. DRAINAGE EASEMENT - PAGE 3 OF 3
DATE: 04/26/2018 CHECKED BY: E.S.S.
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Agenda No. 7
CITY COUNCIL MEMORANDUM
City Council Meeting: May 1, 2018
Department: City Management /Finance
Subject: Ordinance No. 18 -T -15 - An ordinance by
the City Council of the City of Schertz,
Texas authorizing an adjustment to the
Fiscal Year 2017 -2018 budget to recognize
additional Library donations, to transfer
funds from the Library Board to the Library
Personnel Budget and authorize a temporary
summer employee, to increase the budget
for the temporary sewer treatment plant
expansion, and to increase the budget for 3rd
party inspection services; repealing all
ordinances or parts of ordinances in conflict
with the ordinance; and providing an
effective date. First reading
C• � 1
With Ordinance 17 -T -30 the City Council of the City of Schertz approved the annual budget
for FY 2017 -1.8. Staff is proposing to amend the budget to recognize additional Library
donations that came in over budget and allow for their expense, to transfer funds from the
Library :Board to the Library personnel budget to allow for a temporary summer position, to
increase the budget for the installation of the temporary sewer treatment plant, and to
increase the budget for outside inspection services. As stated in September 2017, staff will
combine and bring forward budget adjustments on a quarterly basis when possible to reduce
the number and frequency of budget adjustments.
The Library is requesting an increased budget to allocate the additional donation revenues
received and to recognize funding approved by the Library Board for a temporary summer
employee. Currently the Library has brought in close to $5,000 in donations to date which is
twice what was estimated in the Budget. In January of 2018, the Library Foundation, an
independent organization, made a $3,762 donation to the Library to replace the computer
catalogs with iPads. This donation was more than what was budgeted so staff is requesting
council recognize an additional $5,000 in donation revenue and expenditures for the fiscal
year to accommodate any future donations received.
The Library Board had $12,000 approved in their budget for special events and programs
which is funded by sales from their book store. The Board decided $1,600 of those funds
would best be used to fund a temporary summer employee to help with the program demand
at the Library. The summer programs at the Library have very high attendance and the
additional staff will help provide a more consistence customer service level to the citizens.
Staff is requesting Council accept and transfer these funds from the Library Board to the
Library personnel accounts and authorize a temporary summer employee to hire this position.
This is a temporary position still and will not be automatically included in the FY 2018 -19
Budget with this authorization.
Ordinance 18 -T -05 authorized a budget of $359,700 to install an expansion of the temporary
sewer treatment plant in the southern area of Schertz which will continue to provide service
to the surrounding area until the new CCMA regional treatment plant is operational. That
amount did not include additional engineering costs and the cost of a new generator to run
the temporary plant, only the installation. This budget adjustment request will set the
engineering costs for the project not to exceed $108,148 and the generator purchase to
$20,000, for a total budget increase of $128,1.48. The total cost to expand the temporary
sewer treatment plant would be $487,848 and covers engineering, installation, and power
generation. The installation costs are funded out of the Sewer Capital Recovery Fund. The
operating costs of the expansion were approved in the Water & Sewer Fund regular operating
budget and is fully funded.
Staff is requesting the budget to be increased for the continued use of Yd party plan review
and inspections. The service contract with BB Inspection Services authorized expenditures
up to $360,000 over a 2 -year period. Last fiscal year the city used $189,600 leaving $170,400
remaining on the contract. The total budget for the current fiscal year on these services was
$100,000. Staff is recommending the budget be increased by $70,400 to fully utilize the
services remaining on the contract if needed.
As of April 27, 2018, staff has used 77% of the authorized amount in the current budget for
these services. In an effort to maintain the length of time it takes to review and issue permits
and perform inspections even in light of increased permitting activity, staff has been relying
on these service contracts to supplement building inspections staff. The department has 5
staff positions that do plan review and inspections but has had a vacant position for 6 months
due to the inability to hire a building inspector. Meanwhile in the first 7 months of the current
fiscal year 81 additional permits have been issued compared the same time last year. These
contract services are essential to maintain service levels at the levels expected of staff.
Summary of Recommended Action
Approval of Ordinance 18 -T -1.5 approving the midyear budget adjustment.
FISCAL IMPACT
This ordinance will have no fiscal impact on the General Fund Budget. The Library Donation
expenditures will match to the donated revenue. The additional Library personnel
expenditures related to the temporary summer employee will be funded by a transfer from the
Library Board.
After Ordinance 18 -T -05, the estimated ending Fund Balance for the Sewer Impact Fee Fund
in the budget was $5,499,010. With the additional funds requested for the temporary sewer
treatment plant expansion the new ending fund balance estimate would be $5,370,862. The
project is authorized for use of sewer impact fees.
For the General Fund, the requested budget increase of $70,400 for additional inspection
services will be funded by additional permit revenue above original budgeted projections and
will not cause any decrease in General Fund balance as a result.
1•
Approval of First reading Ordinance No. 18 -T -15
ATTACHMENT
Ordinance No. 18 -T -15
ORDINANCE NO. 18 -T -15
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET TO
RECOGNIZE ADDITIONAL LIBRARY DONATIONS, TO TRANSFER FUNDS FROM
THE LI.BRARY BOARD TO THE LIBRARY PERSONNEL BUDGET AND
AUTHORIZE A TEMPORARY SUMMER EMPLOYEE, TO INCREASE THE BUDGET
FOR THE TEMPORARY SEWER TREATMENT PLANT EXPANSION, AND TO
INCREASE THE BUDGET FOR 3RD PARTY INSPECTION SERVICES; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 17 -T -30, the City of Schertz (the "City") adopted the
budget for the City for the fiscal year 2017 -2018 (the "Budge ), which provides funding for the
City's operations throughout the 2017 -2018 fiscal year; and
WHEREAS, the City needs to recognize an additional $5,000 in Library Donation
revenue and expense; and
WHEREAS, the City needs to recognize a transfer of funds of $1,600 from the Library
Board to the Library personnel budget for a temporary summer position; and
WHEREAS, the City needs to increase the budget for the temporary sewer treatment
plant expansion by $1.28,1.48 for engineering and the purchase of a generator; and
WHEREAS, the City needs to increase the budget by $70,400 for additional 3rd party
inspection services; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve the ordinance; and
WHEREAS, the City Council of the City has determined that it is in the best interest of
the City to adjust the Budget and approve the budget adjustment for additional Library
Donations, transfer of funds from the Library Board to the Library personnel budget for a
temporary summer position, increase the budget to complete the temporary sewer treatment plant
expansion, and increase the budget for 3rd party inspection services, as more fully set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall increase the budget for Library Donation expenses and
recognize an additional donation revenue in the amount of $5,000.
Section 2. The City shall transfer $1,600 from the Library Board to the Library personnel
line items and authorize the hiring of a temporary summer position.
Section 3. The City shall increase the budget for the sewer treatment plant expansion by
$128,148 for engineering services and the purchase of a generator to be funded from Sewer
Impact Fee reserves.
Section 4. The City shall increase the budget for 3rd parry inspection services and
recognize additional permit revenue in the amount of $70,400.
Section 5. 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 6. 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 7. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 8. 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 9. 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 10. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 1st day of May 2018.
i
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
50558021.1 - 2 -
(CITY SEAL)
50558021.1 - 3 -
Agenda No. 8
CITY COUNCIL MEMORANDUM
City Council Meeting: May 1, 2018
Department:
Subject:
BACKGROUND
City Management
Ordinance 18 -F -16 — An Ordinance granting an
electrical transmission and distribution and
communications franchise to the Guadalupe
Valley Electric Cooperative, Inc. for the use of
City streets, alleys, and public ways for a ten year
term. First Reading.
The City is responsible for regulating and controlling the uses of its public rights of way across the
City. This includes who can or cannot utilize these areas and if authorized to use them, what steps and
processes must be followed so that these uses do not create health and safety concerns or nuisance
conditions.
Texas Utility Code Section 33 authorizes municipalities to charge a reasonable charge to an electrical
provider that uses the City's streets, alleys and public ways to provide electrical service to its citizens.
The City of Schertz has had a franchise agreement in place with the Guadalupe Valley Electric
Cooperative since 1972. City staff is bringing forward an updated franchise agreement with
Guadalupe Valley Electric Cooperative. This agreement maintains the franchise fee at 2% of the gross
receipts of electricity sales and it also adds an additional 2% fee based upon the gross receipts of sales
of fiber optic home internet services. Home internet service is provided by GVEC with its electrical
infrastructure and was not a service they provided at the time the City entered into its previous
franchise agreement with GVEC. Because it utilizes the same streets, alleys and public ways, GVEC
brought this fee forward so that all services they provide are included in the fees paid for access to
these areas.
City staff made several changes to the GVEC template franchise agreement with the majority of them
being recommendations from the City Attorney regarding appropriate language that the City can agree
to under the law. Staff made suggested language changes to insure the clarity of GVEC following the
City's Unified Development Code and its Right of Way Management Ordinance implemented last
September. Additionally, there were language changes based upon GVEC incorporating its street light
agreement into the franchise agreement with this renewal. It had previously been an independent
annex to the old agreements.
While completing staffs review of the proposed new franchise agreement, we learned that the last
franchise agreement with GVEC was signed in 1998 but unlike previously believed, that agreement
had a term of ten years, not twenty. Staff has been working to better understand certain language in
the 1998 agreement and are awaiting information back regarding this apparent expiration of the
agreement. After completing the renewal of this agreement, staff will be reviewing all other franchise
agreements to insure they are still in their term. Those that are found out of date or nearing out of date
will be brought forward for evaluation and renewal.
City staff believes this agreement is in the best interest of both the City and GVEC and staff
recommends passage of this ordinance on first reading.
Community Benefit
To provide the City with high quality electricity service in the areas served by GVEC by providing
access to streets, alleys and public ways for the health, safety, and welfare of the citizens of the City.
Summary of Recommended Action
Staff recommends Council approve Ordinance 1.8 -F -16 on first reading awarding a Ten -Year Franchise
to Guadalupe Valley Electric Cooperative.
FISCAL IMPACT
No fiscal impact to approve the Franchise Ordinance. The City will continue the collection of
franchise fees as has been done in the past.
RECOMMENDATION
Staff recommends Council approve Ordinance 1.8 -F -1.6 on first reading.
ATTACHMENT
Ordinance 18 -F -16 Final
STATE OF TEXAS
CITY OF SCHERTZ
Lei N I I ► - l t Lois
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, GRANTING AN ELECTRIC TRANSMISSION AND DISTRIBUTION,
AND COMMUNICATIONS FRANCHISE TO THE GUADALUPE
VALLEY ELECTRIC COOPERATIVE, INC. FOR THE USE OF
CITY STREETS, ALLEYS, AND PUBLIC WAYS FOR ATEN YEAR
TERM COMMENCING ON THE EFFECTIVE DATE; CONTAINING
VARIOUS TERMS AND CONDITIONS WITH REGARD TO THE GRANT OF
SUCH FRANCHISE; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR THE SUPERSEDING OF ANY AND ALL KINDS OF
ORDINANCES, REGULATIONS, RULES, OR POLICIES THAT ARE
IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
that:
Section 1. The City of Schertz, Texas ( "City "), pursuant to this ordinance
( "Ordinance ") does hereby grant unto the Guadalupe Valley Electric Cooperative, Inc. and
to any of the Cooperative's affiliates, successors and permitted assigns ( "Cooperative "),
the right, privilege, and franchise to erect, construct, maintain, operate, use, extend,
remove, replace, repair, and excavate within, under, on, over, across, and along any and
all of the present and future public roadways, highways, streets, squares, parks, lanes,
alleys, public sidewalks, public ways, waterways, streams, and bridges in which the City
now or hereafter has an interest, a system of poles, pole lines, transmission and
distribution lines, wires, guys, conduits, switches, transformers, fiber optic cables,
transmitters, receivers, amplifiers, wireless radio signal antennas and other wireless
transmission signal devices, and other desirable appurtenances and facilities necessary
or useful for the purpose of delivering, carrying, conducting, conveying, supplying, and
selling to the City and the inhabitants of the City or other person or persons, firms or
corporations, whether within or outside the City boundaries, electricity for light, heat,
power and for any other purpose for which electricity may be now or hereafter used, and
communication signals or the capability and capacity for transport of communication
signals of whatever kind and character, including telephone signals, internet
communications and cable TV signals; to deliver, carry, conduct, supply, and distribute
electricity and communication signals by means of said poles, pole lines, transmission
and distribution lines, wires, guys, conduits, switches, transformers, fiber optic cables,
transmitters, receivers, amplifiers, wireless radio antennas and other wireless
transmission signal devices, or other facilities to sell and distribute same to the City, the
inhabitants of said City, or any other persons, firms or corporations, whether within or
outside the City boundaries.
Section 2. It is expressly understood and agreed that this Ordinance grants the
Cooperative the rights and privileges contained in Section 1 above only as to property
4823 - 6211 - 4613.7
located within the corporate limits of the City presently in or hereafter added to the
Cooperative's service area and to property hereinafter annexed by the City which is
presently or hereafter located within the Cooperative's service area. The City shall notify
Cooperative in writing of the effective date of any annexation of property into the City
limits that would require Cooperative to include such properties for purposes of
calculations of any payments due under this Ordinance. Cooperative shall not be liable
to City for any payments, penalties, or interest on gross receipts for Cooperative
customers within a newly annexed area until ninety (90) days after written notice from the
City to the Cooperative of the annexation. Thereafter the Cooperative shall assure that
any and all retail customers located within such annexed territory be included and shown
on its accounting system as being within the City boundaries. After such ninety (90) day
written notice from the City to the Cooperative or after the effective date of the annexation
(whichever occurs last), all customer accounts located within the annexed territory shall
begin accrual for purposes of the payment provisions specified in Section 11 of this
Ordinance.
Section 3. Cooperative's structures, lines, guys, and other installations shall be
designed and constructed consistent with the National Electrical Safety Code and any
other applicable state and national standards as well as the City's Unified Development
Code. Upon written notification by the Cooperative to the City of an encroachment in a
utility easement by the City, substantially interfering with the safe and effective operation
of the Cooperative's installed facilities, the City will take prompt and reasonable action to
resolve its encroachment.
Section 4. If the City, in order for the accommodation or new construction of its
sewers, water lines, streets or other public works, shall require any structures, lines, guys,
or other installations and facilities of the Cooperative located in a street or other City right -
of -way to be shifted or relocated to a new position in a street or other available right -of-
way, such structures, lines, guys, or other installations shall be so shifted or relocated by
the Cooperative at the Cooperative's expense; provided, however, the City shall work
with Cooperative in good faith to minimize the economic impact on Cooperative and the
number of Cooperative facilities that may need to be relocated or shifted. City shall give
the Cooperative reasonable prior written notice of its projects requiring relocation of the
Cooperative's facilities, and shall provide a suitable alternate public easement for the
facilities to be relocated. The Cooperative shall be required to utilize appropriate
equipment in compliance with the City's current Unified Development Code when the
relocation requires the use of new equipment. In the event that Cooperative is required
by City to remove or relocate its facilities under this Section 4 and City is eligible under
federal, state county, local or other programs for reimbursement of costs and expense
incurred by Cooperative as a result of such removal and /or relocation, and such
reimbursement is required to be handled through City, City shall apply for such
reimbursement and include Cooperative's removal and /or relocation costs and expenses
in the application by City for reimbursement, and remit such reimbursement to
Cooperative when received. City shall provide reasonable written notice to Cooperative
of the deadline for Cooperative to submit documentation to City for reimbursement of the
costs and expenses of such removal and /or relocation.
2
4823 - 6211 - 4613.7
If a third -party desires or the City requires Cooperative to adapt or conform any of
Cooperative's facilities, or in any way alter, relocate, or change Cooperative's property to
enable any third party (whether public or private), other than the City, to use the public
ways, Cooperative shall have the right, as a precondition to making any such alteration,
change or relocation, to require payment to Cooperative for any and all loss, cost or
expense occasioned thereby to be paid by the third party. The City shall, as part of any
franchise agreement, or renewal thereof, with any future third party, include the
requirement of payment by the third party to Cooperative for any and all loss, cost or
expense incurred by Cooperative that is occasioned by the third party request for any
alteration, change or relocation of Cooperative property only as required by ordinances
and development colocation requirements and standards adopted by the City.
Cooperative shall permit private or public entities desiring to provide
communication services to the City to use existing Cooperative poles, provided that such
attachment and use is feasible, does not interfere with Cooperative's ability to utilize
its facilities for its purposes, and is not in conflict with safety procedures or
requirements of Cooperative. Such use shall be subject to the entity's execution of
Cooperative's form of contract for pole attachment and payment of the Cooperative fees
applicable to such service.
Section 5. The Cooperative may open -cut streets, curbs and sidewalks, and
may bore, or utilize any other methods it deems reasonably necessary (including, but not
limited to tree trimming) to construct, operate and maintain the Cooperative facilities
within the City.
The surface of any street, alley, or public way or place disturbed by the Cooperative
shall be restored to City standards by the Cooperative within a reasonable time after the
completion of the work to the same or similar condition as existed prior to the
Cooperative's work. No street, alley, or public way or place shall be encumbered by the
Cooperative for a longer period than shall be reasonably necessary to execute the work.
The Cooperative shall have no responsibility for any injuries to landscaping or
improvements located over, under, or around Cooperative facilities, but shall use
reasonable care to avoid such injuries.
Section 6. COOPERATIVE SHALL INDEMNIFY AND HOLD THE CITY AND ITS
OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, FEES (INCLUDING
REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS,
ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY, AND SUITS OF ANY KIND
AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING DEATH),
PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES
IS SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE
CAUSED BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF THE
COOPERATIVE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE,
EMPLOYEE, AFFILIATE, OR SUBCONTRACTOR OF THE COOPERATIVE, OR
THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, OR
3
4823 - 6211 - 4613.7
REPRESENTATIVES. THE INDEMNITY PROVIDED BY THIS SUBSECTION DOES
NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE
CITY, ITS OFFICERS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. IF
COOPERATIVE AND THE CITY ARE FOUND JOINTLY LIABLE BY A COURT OF
COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THIS STATE WITHOUT,
HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY
UNDER STATE LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES
UNDER STATE LAW. THIS SECTION IS SOLELY FOR THE BENEFIT OF THE CITY
AND COOPERATIVE AND DOES NOT CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
Section 7. Nothing herein contained shall be construed as conferring upon the
Cooperative any exclusive rights or privileges of any nature whatsoever.
Section 8. The provisions of this Ordinance are severable, and if any section,
provision, or part thereof be declared invalid then it is hereby declared the intent of the
parties that the remaining parts of this Ordinance would be adopted, notwithstanding such
invalid part or parts, and the invalidity of any particular section, provision, or part shall not
invalidate this Ordinance, unless such invalidation materially changes the rights or
obligations of either party.
Section 9. This Ordinance shall be in force and effect for a period of ten (10)
years from and after the date on which the City adopts it in the form authorized by the
Cooperative (the "Effective Date "). The Cooperative's payment obligation provided for in
Section 11 of this Ordinance shall become effective on the first day of the month following
the Effective Date. This Ordinance shall supersede and take precedence over
inconsistent ordinances, resolutions, or regulations hereafter or previously passed by the
City, including ordinances requiring an application, permit, or fee to use or construct
facilities within City streets, alleys, or any other public ways.
Section 10. In consideration of the rights granted to the Cooperative herein, the
Cooperative, during the term of this Ordinance shall pay [annually or quarterly] to City
(payable on or before the forty -fifth day after the end of each [year or quarter]) a franchise
fee of two percent (2 %) of the gross receipts received by Cooperative from the
Cooperative's sale of electricity, and two percent (2 %) of the gross receipts received by
Cooperative from Cooperative's sale of fiber optic home internet services, but only to the
extent such services, whether for electricity or for fiber optic home internet services, are
provided through Cooperative facilities located in, on, or under City public ways for which
Cooperative does not pay the City a rental fee or other consideration for such use outside
this Ordinance, to each retail customer of Cooperative whose consuming facility's point -
of- delivery is located within the City's boundaries during such previous [year or quarter].
The term "gross receipts" shall not include (1) local, state, or federal taxes and regulatory
fees of any kind collected by Cooperative that have been billed to its customers and that
are separately stated on customer bills, (2) the franchise fees paid under this Ordinance,
(3) receivables or revenue uncollectible from customers (i.e., bad debts) with billing
4
4823 - 6211 - 4613.7
addresses in the City that may have previously been included in gross receipts, or (4)
revenue from the Cooperative's pole attachment agreements. It is agreed that such
franchise fee payment is in addition to any ad valorem tax now or hereafter to be assessed
on and collected from Cooperative under the laws of the State of Texas. Other than with
respect to such ad valorem taxes, the payments so provided for in this section are in lieu
of all other fees or charges, and the City shall not impose or collect, nor attempt to impose
or collect, any other charge or fee in connection with the construction, operation, and
maintenance of Cooperative's facilities or Cooperatives use of City public ways. In the
event Cooperative's customer bills contain charges for services or fees other than electric
and /or communication service, customer payment shall be allocated between services on
a pro rata basis for purposes of calculating the franchise fee.
If the Cooperative elects to provide customer choice pursuant to the terms of the
Public Utility Regulatory Act ( "PURA "), the electric franchise fee due under this Ordinance
shall be as provided in the Texas Utilities Code Section 33.008 for an electric cooperative.
Section 11. Upon the City's written request, at reasonable intervals not to exceed
once per fiscal year, the Cooperative will provide to City reports setting out matters
concerning rates charged for services provided and revenues received by reason of the
operation of the Cooperative within the City for payments made within two (2) years prior
to the commencement of the reports, as such services and revenues relate to the
calculation of the franchise fee herein. Such reports shall not include personally
identifiable information, the content of communications, or other privately stored data.
Section 12. This Ordinance may be assigned by the Cooperative to any entity
with the consent of the City, which consent shall not be unreasonably withheld.
Section 13. The Cooperative understands that the City is bound by and will
comply with the Texas Public Information Act and that all information that is shared with
the City is subject to the requirements of this legislation. The City shall promptly notify
Cooperative in the event that any information received from Cooperative is requested by
any third party.
Section 14. As part of the consideration for the Cooperative's use of the City's
streets and public ways under this Ordinance, the Cooperative agrees to provide street
lighting service within the areas of the City covered by this Ordinance, as provided for in
this section. The design and construction of the street light units shall be in accordance
with the City's Unified Development Code or if silent, then with reasonable industry
standards.
a. Street light units shall be installed and maintained by the Cooperative at various
locations on City property in the City, as mutually agreed by the parties, but not including
locations on farm -to- market roads, State or Interstate highways, or toll roads. Such lights
shall be located primarily on street corners, within the bounds of the City streets, or at
other locations on City property. Such lights shall be located for the benefit of the public
and in areas which are open to and frequented by the general public. Following initial
5
4823 -6211 - 4613.7
placements of lights, reasonable additional street light installations may be requested by
the City Manager (or his designee) in writing, specifying the location of such light or lights
to be installed under the terms of this Ordinance; the Cooperative shall reasonably comply
with such requests, in its sole discretion.
b. The Cooperative shall not be obliged to provide street lights on private property.
Existing lights installed under private contracts with various persons or with the City may
be absorbed into the street lighting system to be furnished hereunder, at the
Cooperative's sole discretion, and the persons contracting for such lighting shall be
excused from their obligations under such contract, provided that such lights meet the
requirements of this Ordinance.
C. Street lights in new subdivisions within the City limits and the annexed areas of the
City shall be installed from time to time pursuant to this Ordinance. The City's Unified
Development Code or if silent reasonable industry design standards shall be used in
determining locations.
d. The Cooperative shall not install a street light in any block or area in which there
is not at least one permanent residence or business, nor shall it erect street lights in areas
along highways, roads or streets unless there is at least one residence or business within
a normal city block or 500 feet of such light. Exceptions to this may be requested by the
City Manager (or his designee) in writing, specifying the location of such light or lights to
be installed under the terms of this Ordinance; the Cooperative shall reasonably comply
with such requests, in its sole discretion.
e. If the installation of different types of street light units other than those that are in
accordance with reasonable industry standards should be requested by the City, such
units will be installed and maintained by the Cooperative upon a cost - sharing basis. The
City shall be billed for the balance of the cost of such light at such location.
f. For lights requested by the City and installed by the Cooperative that are different
than reasonable industry standards, the City shall reimburse the Cooperative monthly for
its delivered cost of power consumed by such lights in excess of that applicable to the
standard size light unit.
g. In the event any area in which street lighting has been placed should no longer be
used, either as business property or residential, to such extent that street lighting would
not be appropriate under the terms of this Ordinance, then the street lights in such area
may be removed by the Cooperative with the agreement of the City. If the City objects to
the removal, the light(s) shall remain and the City shall be billed based upon a cost -
sharing basis.
6
4823 - 6211 - 4613.7
h. It is understood that the street lighting being furnished under the terms of this
Ordinance is being requested by the City and furnished by the Cooperative as a service
to the City in the manner agreed upon herein.
i. Notwithstanding anything herein to the contrary, the Cooperative's obligation to
provide street lighting under this section shall apply only to areas of the City served
electricity by the Cooperative. The Cooperative reserves the right to terminate its
obligation under this section if its non - wholesale power revenues are materially reduced
as the result of another entity performing a power delivery function (i.e. distribution,
transformation, metering, billing, etc.) in any section of the City served by the Cooperative.
If this Ordinance is terminated at any time or for any reason, all street lighting provided
thereafter at the written request of the City shall be billed to and paid for by the City at the
then - existing appropriate tariff or as otherwise agreed by the Cooperative and the City.
PASSED AND ADOPTED THIS THE DAY OF , 201_.
CITY OF
Mayor
ATTEST:
City Secretary
ACKNOWLEDGED, ACCEPTED, AND AGREED TO:
GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC.
BY:
NAME:
DATE:
4823 -6211 - 4613.7
2876581.5
0
Agenda No. 9
CITY COUNCIL MEMORANDUM
City Council: May 1, 2018
Department: Economic Development
Subject: Resolution No. 18 -R -51 Consideration .
and /or action approving a Resolution
authorizing a program and expenditures as
provided for in the Performance Agreement
between the City of Schertz Economic
Development Corporation and Schertz 312,
LLC. (B. James /K. Kinateder)
The City of Schertz Economic Development Corporation (the "SEDC ") and Schertz 312 LLC.
( "Schertz 312 ") have been in negotiations regarding the SEDC's participation with infrastructure
improvements for Schertz 312's proposed development expansion.
The SEDC had intended to meet to consider, discuss, and take possible action at their April 26,
2018 . regularly scheduled meeting but were unable to get quorum. The SEDC meeting has been
rescheduled for May 1, 2018 at 5:00. Though staff does not anticipate any changes, we have
chosen to continue our practice of waiting to provide the Performance Agreement to Council
until it has been approved by the SEDC Board of Directors.
During the May 1, 2018 . City Council. Meeting, staff will provide full documentation of both the
Resolution and Performance Agreement as the City Council considers the authorization of
program and expenditures associated with the Agreement between the SEDC and Schertz 312.
Agenda No. 10
CITY COUNCIL MEMORANDUM
City Council Meeting: May 1, 2018
Department: Economic Development
Subject: Resolution No. 18 -R -52 - approving a
Resolution authorizing a program and
expenditures as provided for in the
Performance Agreement between the City of
Schertz Economic Development
Corporation and WR1, LLC. (:B. James /K.
Kinateder)
The City of Schertz Economic Development Corporation (the "SEDC ") and WR1, LLC.
( "WR1 ") have been in negotiations regarding the SEDC's participation with infrastructure
improvements for WRI's proposed development.
The SEDC had intended to meet to consider, discuss, and take possible action at their April
26, 2018 regularly scheduled meeting but were unable to get quorum. The SEDC meeting
has been rescheduled for May 1, 2018 at 5:00. Though staff does not anticipate any changes,
we have chosen to continue our practice of waiting to provide the Performance Agreement to
Council until it has been approved by the SEDC Board of Directors.
During the May 1, 2018 . City Council Meeting, staff will provide full documentation of both.
the Resolution and Performance Agreement as the City Council considers the authorization
of program and expenditures associated with the Agreement between the SEDC and WRl,
LLC.
CITY COUNCIL MEMORANDUM
City Council Meeting:
Department:
Subject:
Agenda No. XXA
May 1, 2018
City Manager
CCAB March Summary
Attached is a copy of the Boards and Commission Summary from the April 18, 2018 Committee
of Committees Advisory Board (CCAB) Meeting. This summary is distributed to all board and
commission members.
April 18, 2018 Reports from Boards and Commissions
BOA — March 26, 2018
The Board of Adjustments did not meet in March as there were no items to consider.
Planning and Zoning Commission — March 28, 2018 and April 11, 2018 (Cancelled).
At their March 28 meeting, the Commission approved a number of plats. Additionally they discussed recommending that
City Council consider City initiated zoning cases in areas where the current zoning is not consistent with the Future Land
Use Plan. As part of that discussion staff noted that it might be more beneficial to have staff continue to focus on updating
the Unified Development Code (UDC) in light of the relatively small amount of land that was likely to actually develop in a
manner at odds with the City's Future Land Use Plan. The Commission also discussed the need to update the Future Land
Use Plan. The Commission will potentially revisit this issue in the future.
The April 11 meeting was cancelled due to a lack of agenda items.
TSAC — April 5, 2018
The Commission discussed recent complaints about parking on Westchester Drive. The street is wide enough to
accommodate parking on one side (as is currently the case) and that having cars parked on one side serves to slow down
traffic (as wider road sections can encourage speeding). The problem seems to be people crossing Westchester mid -block
after they park their cars. The ultimate solution is to provide sidewalks along that side of Westchester to allow people
who park on the street the ability to use the sidewalk to get to Elbel.
TSAC also discussed challenges for pedestrians trying to cross Borgfeld Road at Dietz Road after the recent improvements.
Staff is researching the cost of modifying the signal, curbs and sidewalks to improve the situation. Staff also discussed
adding bike lanes on both sides of Fairlawn Avenue and Belmont Parkway to provide safer bike access and to slow vehicle
traffic on both roads where speeding has been a concern. These improvements are not currently budgeted and would
need to be considered as part of the upcoming budget.
Historic Preservation — March 8, 2018
The SHPC has not met since the last CCAB meeting.
Parks and Recreation Advisory Board — March 26, 2018
The Parks Board reviewed the new Parks Program Guide that was distributed with the most recent issue of Schertz
Magazine. The board also discussed holding a regional parks board workshop as a way to improve communication and
coordination amongst communities in the area, particularly as it relates to hike and bike trail networks and connectivity.
A subcommittee of the board is going to continue focusing on this concept.
The board also discussed a petition from residents near Forrest Ridge Park for improvements to their park. After discussing
the matter, the board felt that in light of easements encumbering the park and higher funding priorities, they were not
inclined to support recommending providing these requested additional improvements, but wanted to review the list of
park funding priorities before making a final decision.
Library Board —April 1, 2018
At their April meeting, the Library Board received reports on the board's finances, library usage and the bookstore. They
also discussed bringing soup for the Library staff during Library Appreciation week.
Schertz Economic Development Corporation — March 22, 2017
The SEDC Board has worked over the last seven years to build a reserve fund so that all economic development incentives
could be funded through the SEDC thereby freeing up the City's general fund for other purposes. The SEDC currently has
$15 million that the SEDC Board has planned for company direct incentives and infrastructure improvements.
Staff presented an update on the annual certification for companies with active incentive agreements. Currently the SEDC
and City have incentive agreements with nine companies, seven of which were required to report their compliance to
their agreements for the 2017 calendar year. Each of these companies reported, and were found by the SEDC staff to be
in compliance with their agreement except Amazon whose certification report is not due until April.
Staff presented an update on the recruitment efforts by the SEDC. Staff continues to implement the recruitment strategy
which involves digital marketing campaigns to potential companies and recruitment trips to strategic events and regions
to meet with companies and consultants. Over the past quarter, the SEDC's website activity remained consistent from
the previous quarter. Staff has begun rolling out blog posts that will be used to increase website engagement. Additionally,
staff executed an aggressive recruitment trip schedule which included seven events.
The SEDC Board deliberated regarding the future purchase of property located within the Freeway Manor Subdivision and
allocating funds to the upcoming budget to purchase the lots as they became available. The property is located off
Interstate 35 between FM 2252 and FM 1103 near the Belmont Subdivision. The subdivision is 66.9 acres and consists of
247 parcels, of which the City currently owns 51. After discussion relating to potential Projects that the SEDC is authorized
to fund, the SEDC Board decided that it would be more appropriate for the City to focus on this redevelopment effort and
for the SEDC to continue to focus on its mission of attracting /retaining primary jobs and infrastructure improvements.
The Board discussed three Projects in closed session, no action was taken.
Committee of Committees Advisory Board Summary
CCAB Notes 04/18/18:
Mr. James gave the City Manager update. He spoke about some new things staff is doing this year. Examples include the
Parks and Rec Guide, the Movin' on Main event, and the upcoming Shred Day event. Now that some of these have taken
place, it will allow for discussions on funding to expand, improve or reach a wider audience on several of these new items.
Staff also had a preliminary budget retreat with City Council since the last CCAB meeting. This year past budget year, staff
went deeper into items requested by various City departments and showed and discussed with Council items that fell
below the "cut line ", those items for which funding was not available. At the budget retreat staff went into great detail on
areas needing recurring funding such as parks, sidewalks and facilities maintenance.
Jon Harshman, Director of Fleet and Facilities Services and Todd Buckingham, the recently hired Facilities Manager, spoke
about City facilities and their efforts to develop a regular building maintenance program. Jon reviewed several in- progress
facility repairs including several high priority projects — the Recreation Center restrooms, Fire Station #2 leaks, Pickrell
Park Pool electrical work, etc. Mr. Buckingham discussed the effort to evaluate all the City's facilities and develop long
term plans for maintenance and repairs.
Next meeting agenda topics: Ways to increase the number of folks volunteering for open positions on Boards and
Commissions and how to attract folks to volunteer service. Additionally the need to review what each Board or
Commission is tasked with doing, and considering whether the role of each needs to expand, contract, or change and the
need to ensure staff supports each board /commission in focusing on its mission.
Agenda No. 13B
0111 &WOL11"LlusI WU 1 DIU [o7 710 UK]
City Council Meeting: May 1, 2018
Department:
Subject:
!' I 1
City Manager's Office
Movin on Main Event Recap
Movin on Main is a new event that was added to the FY 1.7/1.8 event line -up. This event began
as a result of feedback from the 2016 Citizen Satisfaction Survey that indicated residents placed
a high priority on parks and recreation programs and the desire to expand on the programs
offered by the City.
The initial idea was to put on an event modeled on the Siclovia concept, which turns major city
streets into a safe place for people to exercise and play. Staff wanted to create a similar event
that highlighted Main Street. The Schertz Family YMCA became a critical partner with the City
for the event, because their knowledge of this type of event given their role in putting on the
Siclovia event in San Antonio and their established fitness networks enhanced and expanded
resources beyond what the City had capacity to do.
The City closed down Main Street on Sunday, April 8 2018 so that it became temporarily car -
free for about 4 hours to allow families to walk, run, ride bikes, take exercise classes and enjoy
the city street. The inaugural event was a great success. Staff had hoped for an attendance of
around 800. Staff found it difficult to get an accurate count given the continuous movement of
people along the route and the coming and going of people during the course of the event, but
staff estimated two to three thousand attended the event. The nice weather that day certainly
helped.
Over the course of the past year, staff has incorporated a feedback loop into the events process to
determine areas that went well and areas that can be improved upon. Staff engages in multiple
channels to solicit feedback from not only those who attended the event, but also to the vendors
that participate as well. A post -event survey was posted the Tuesday morning after the event to
Facebook and on Schertz.com and a separate survey was emailed to the vendors (food and
retail). Staff also had an internal after - action meeting with the departments and partners that
were involved in the planning and execution process of the event.
The feedback received was positive with the overall rating of the event being a 4.5 out of 5. That
being said, there were several areas staff and event -goers identified to look into improving for
next year's event (having more kid activities, improved signage on route, more food vendors,
etc.). The vendor feedback was also positive and they had good suggestions at areas to look at
for improving (expand the route, put booths closer together, provide locations ahead of time,
etc.).
Staff will take everything learned from this first year and all the feedback received into
consideration when planning for next year's event.
Agenda No. 13C
CITY COUNCIL MEMORANDUM
City Council Meeting: May 1, 2018
Department:
Subject:
BACKGROUND
City Manager's Office
Summary of Facility Master Plan
The Facility Master Plan was initiated in 2015 . after an architectural firm was selected through a
Request for Qualifications process. The consultants utilized a number of tools and processes to
assemble the final report. These included an audit of current buildings to determine square
footage of office space, breakrooms, work rooms, hallways, etc., questionnaires to Department
Heads regarding future staff needs, benchmarking against cities that are 35,000, 50,000 and
75,000 population and interviews with staff. A preliminary report was developed based upon
this data gathering and meetings were held with staff to develop possible options for short and
long term options to acquire more staff space. These results are what was formulated into the
final report.
Staff has spent time reviewing this report and have developed a list of takeaways from the final
results and options presented.
- The study evaluated staff office space and did not include fire stations or quality of life
facilities such as the library and recreational facilities. Both fire stations and quality of
life facilities are not determined by the amount of space needed for staff but by the
location of where the services need to be provided. Utilizers of this report must
remember that addressing the space needs for staff will not include all building needs of
the City.
- City buildings evaluated in this study are eight to forty -one years old. Several of them
are easily modifiable if we have flex space to place staff during the remodel activities.
Costs may require us to demolish some buildings and come back with better engineered
space than what we could possibly achieve with refurbishment.
- Space for additional staff is almost non- existent today in the buildings we are currently
occupying and in the manner in which we are occupying them. This shortage of space
has led to instances where some staff is working in less than appropriate space.
- The City has some short-term options to better utilize current space or to utilize space we
have today but are not occupying to provide a small amount of relief to current staffing
levels allowing for space for new positions in a few select areas. Utilization of these
limited short term options will help available space get closer to today's needs but will
not provide space to address needs of the next five to ten years or longer.
- Staff does not agree with the final estimated square footage requirements that will be
required when the City approaches build out, however, staff does agree that the total
space that will be needed is much greater than what we have today.
o Example, the report shows 96,000 square feet needed for the Police Department
but based upon other larger communities, staff believes this number is more
realistic at 75,000 square feet.
o The report estimates an approximate total of 340,000 square feet of office space
when the City is at 75,000 population. Staff believes that number may be as low
as 280,000 square feet but that is still over 100% more space than we have today.
Staff and Council should begin work immediately to utilize some of the lower cost
options we have available to free up additional space while we develop long range plans
for large building projects to begin developing space requirements for our long -term
growth.
Staff agrees with the report that maintaining a well - planned centralized campus around
the Hal Baldwin Municipal Complex will lead to better customer service for our citizens.
Staff believes the option of relocating Fire and Police administration to City property on
Live Oak Road is the best long -term option to free up flex space so that Building 1 and
Building 2 can either be replaced or refurbished.
Staff believes working to utilize available space in two buildings purchased in 2012 on
Commercial Place can provide a medium term solution to space needs for Fleet and
Facilities, Parks and Rec, Engineering and Public Works.
Staff recommends the report be read for the concepts and ideas for space creation and
utilization and not read for actual numbers of staff or square footage. This will lead to
decisions where buildings are built for the required needs at the time they are constructed
while having the capability for our build out requirements.
Changes in technology may allow for less office space than is currently anticipated.
Changes in City operations adding additional services or contracting out service may alter
the amount of space needed.