Loading...
05-11-2021 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 11, 2021 SCHERTZ, TEXAS 78154 City Council will hold its regularly scheduled meeting at 6:00 p.m., Tuesday, May 11, 2021, at the City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's YouTube Channel. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scott) Presentations • Proclamation naming May 9-15, 2021 as Economic Development Week in the City of Schertz. (Mayor/EDC Department) • Proclamation designating May 16-22, 2021 as Emergency Medical Services Week. (Mayor/EMS Department) • Proclamation observing the week of May 9, 2021 through May 14, 2021 as National Police Week (Mayor/Police Department) • Proclamation designating May 16 - 22, 2021 as National Public Works Week. (Mayor/Public Works) May 11, 2021 City Council Agenda Page 1 Employee Recognition • EMS: Meghan Stevens - EMS Billing Clerk; Felipe (Phillip) Garcia, Jason Lelek - EMS Paramedics (J. MabbittB. Hill) • Facility Services: Travis Hodges - Facilities Manager (S. Williams) • Public Works: Service Worker 1 Wilfredo Marroquin, Ruben Rodriguez; Caleb West Service Worker 1 (S. Williams /D. Letbetter) • Utility Billing: Charis Kempen - Utility Billing Clerk (J. Walters /D. HardinTrussel /R. Rosales) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. j. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of May 5, 2021. (B. Dennis) May 11, 2021 City Council Agenda Page 2 Z Appointments /Resignation to Boards and Commissions /Committees - Consideration and /or action regarding appointments /resignations to various Boards and Commissions /Committees. (Council /B. Dennis) • Resignation of Paul Ryson - Transportation Safety Advisory Board • Resignations of John Baker, Sabrina Allen and Sue Boissonneault - Historical Preservation Committee • Appointments of Jesse Gonzales, Jason. Baltaric - Historical Preservation Committee • Appointment of Ronald Stevens - Transportation Safety Advisory Commission 3 Resolution No. 21 -R -39 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Myers Concrete Construction, LP relating to the 2020 Silt Removal Projects and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Shortess) 4. Resolution 21 -R -42 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz authorizing the City Manager to enter into a Design -Build Agreement with Team Mechanical of Texas, LLC for the Animal Adoption Center HVAC Replacement Project and other matters in connection therewith. (C. Kelm /S. Williams /S. McClelland) 5 Resolution No. 21 -R -40 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz Texas, amending the Schertz /Seguin Local Government Corporation (SSLGC) Fiscal Year 2021 Annual Budget (C. Kelm/S. Williams /A. Beard) (. Resolution No. 21 -R -41 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz Texas, authorizing the submission of a grant application in an amount up to $36,950.06 to the Office of the Governor, Homeland Security Division, for the 2021 State Homeland Security Grant Urban Area Security Initiative (UASI) Program; and authorizing the acceptance of the funds, upon award. (C. Kelm /K. Long /S. Hall) Resolution No. 21 -R -43 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an Interlocal Agreement for Fire Protection Services with Bexar County, and other matters in connection therewith. (C. Kelm /K. Long) g. Ordinance No. 21 -T -19 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the Fiscal Year 2021 Budget to provide funding for professional services related to the Corbett Ground Storage Tank, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James /K. Woodlee/J. Shortess) 9. Ordinance 21 -A -13 - Consider and /or take action on a request for voluntary annexation of approximately 35.5 acres of land generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031, Bexar County, Texas. Final Reading (B. James, L. Wood, E. Delgado) May 11, 2021 City Council Agenda Page 3 10 Ordinance 21 -S -14 Consider and /or take action on a request to rezone approximately 39.5 acres of land to :Planned Development District (PDD), generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031, Bexar County, Texas. Final Reading (B. James, L. Wood, E. Delgado) 11. Ordinance 21 -S -15 Consideration and /or take action on a request to rezone approximately 66 acres of land from Single - Family Residential District (R -2) and Neighborhood Services District (NS) to Planned Development District (PDD), generally located southwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. Final Reading (B. James, L. Wood, E. Delgado) Roll Call Vote Confirmation Workshop 12 Workshop Discussion and Update (Ordinance 20 -11-18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -1.8 Declaration of Local Disaster. (M. Browne /K. Long /S. Hall) Closed Session 13. 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 -065 • Project E -066 • Project E -067 • Project E -068 Reconvene into Regular Session 13a. Take any action based on discussion held in closed session under Agenda Item 1.3. Roll Call Vote Confirmation Information available in City Council Packets - NO DISCUSSION TO OCCUR May 11, 2021 City Council Agenda Page 4 14. Monthly update - on major projects in progress /CIP. (B. James /K. Woodlee) 15 Quarterly Financial Reports. Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff.. • Requests by Mayor and Councilmembers that items or presentations 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 Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 7th DAY OF MAY 2021 AT 3:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 2021. 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 May 11, 2021 City Council Agenda Page 5 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 Gutierrez �- Councilmember Scagliola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember Scott — Place 2 Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Schertz Animal Services Advisory Commission. Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local. Government Corporation TIRZ II Board Interview Committee for Boards and Commissions TIRZ II Board Councilmember Heyward — Place 6......... - Councilmember Brown — Place 7 Audit Committee Main Street Committee Investment Advisory Committee Schertz- Seguin Local Government Corporation - Main Street Committee Alternate May 11, 2021 City Council Agenda Page 6 ei 10UM City Council May 11, 2021 Meeting: Agenda No. 1. Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of May 5, 2021. (B. Dennis) The City Council held a Regular City Council meeting on May 4, 2021. RECOMMENDATION Recommend Approval. Attachments 5 -4 -2021 Draft minutes DRAFT MINUTES REGULAR MEETING May 4, 2021 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 4, 2021, 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: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Jill Whittaker; Councilmember Mark Davis; Councilmember Rosemary Scott; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff. Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez; Deputy City Secretary Sheila Edmondson Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Gutierrez) Mayor Gutierrez provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Gutierrez provided the following announcement: "Guests, Council and staff, it is your option to wear a face mask if you wish to do so" Presentations • Proclamation recognizing National Small Business Week. (Mayor /M. Titterington) Mayor Gutierrez read and presented the proclamation recognizing "National Small Business Week" to Ms. Titterington President of The Chamber. Mayor and Council thanked Ms. Titterington for all the work the Chamber does for all our small businesses. Mayor Gutierrez also thanked all our Small Businesses as they are the heart of our Community. He thanked the businesses for all they had to endure during this past year. City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) Mayor Gutierrez recognized Assistant to the City Manager Sarah Gonzalez who provided the following information: • Saturday, May 8th Nature Discovery Series 10:00 -11:00 AM Crescent Bend Nature Park Discover the Forest — Every living thing has a role in the forest Pre - registration required. For more information go to Schertz.com, Parks & Recreation. • Monday, May 10th Public Meeting Notice Proposed Hilltop /Homestead Park to be located at 6300 block of Jimmy Walker Drive 5:30 -6:30 PM North Center, 3501 Morning Drive • Tuesday, May 1 lth Next regular scheduled Council meeting • Sweetheart Court Scholarship Program 2021 -22 More information and applications for the Sweetheart Court are available through the City's website at Schertz.com. Deadline to apply is Thursday, May 20th. Tuesday, May 18th - Save the date • Council on the Go Meeting Meet and Greet from 6:00 -7:00 PM Meeting from 7:00 -8:30 PM St. John Paul 1I Catholic High School Cafeteria 6720 FM 482, New Braunfels • Announcements and recognitions by the City Manager (M. Browne) Dr. Browne stated that this Thursday, May 6th is National Day of Prayer, we will N be gathering at the YMCA at 9:00 a.m. in the lobby. Please come out and support this event. • Announcements and recognitions by the Mayor (R. Gutierrez) No announcements at this time. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Gutierrez stated that there are several in the audience and stated if you wish to speak during the hearing of residents section you are welcome to do so, even if the topic is on the agenda, or you may choose to speak during the public hearings, but will be limited to that certain topic, or you may speak at both, it is your option. Mayor Pro -Tem Whittaker recognize the following who spoke: • Mr. Steve Cicherski, 3509 Summer Glade - he deferred his time to the public hearing. • Ms. Maggie Titterington, 1730 Schertz Parkway who provided the following updates: • May 7, May 12, May 24 - At the Chamber Ribbon Cutting events for home based businesses at 10:30 a.m. • Monday, May 10th Chamber Open, Bandit Golf Course - Sold out sponsorships and players • May l Oth - Proposed Hilltop /Homestead Park Meeting - the Fairhaven HOA Board is in support of this, she is the Vice President of the Board. Great benefit for the Homestead Subdivision as well as their Subdivision. • May 18th Chamber luncheon, Santikos, TxDOT will provide a presentation on construction and other projects that are going on in our area. The Chamber will also be providing a presentation regarding the DECA program, and 10 -year anniversary for members recognition. 3 • June 2, from 5:30 to 8:30 p.m., Bluebonnet Palace will be hosting a celebration thanking all those that are Chamber members. • Ms. Michele Tereletsky, 705 Marilyn Drive, who had a quick comment - remind Council that they are elected at large and represent all the citizens of Schertz and not just the citizens in the area in which they live. • Mr. Gary Fairley, 12310 Lower Seguin, who addressed Council regarding his concerns with the Planning and Zoning hearing format he attended last week. He indicated that it was hard to hear, the PA system, it was hard to understand what individuals were saying, overhead projector was fuzzy, he even moved forward and still had issues understanding what was being said. He indicated that when he arrived at the hearing he didn't see anything showing the plat of the subdivision that they were going to vote on this evening, and yet he lives within the 200 ft radius of the subdivision, he did not receive any notification. He also addressed the format, wondering why when it came to the public comment section that a Schertz employee gave the presentation for the developer, this should have been the developer speaking. The format made it feel like it was a done deal before the developer walked in. He expressed his concern how this was done. • Mr. Herman Harlohs, 11564 Ware Seguin, who addressed the council regarding the need of maintenance on the Ware Seguin Road. He also addressed the council regarding a recent incident that happened Sunday evening where it started about 8:00 p.m. and went on until 11:00 p.m., one of the neighbors on a larger parcel next to him were target shooting with several different types of guns, he is not anti -gun, just concerned that this went on for several hours and concerned about the noise, safety and consideration of other neighbors in the area. He did contact the Police Department where he was told that they could do this on their property due to the size of the parcel. They did stop after he went out. He indicated that this might be an on -going problems as they have done this before. • Ms. Petrina McIntyre, 2964 Sunridge Drive, who addressed the Council regarding speeding traffic behind her home in the Riata Subdivision - Old Wiederstein Road. She indicated that more speed limit sign are needed. Consent Agenda Items Mayor Gutierrez recognized Precinct 3 Guadalupe Commissioner Michael Carpenter who was in the audience this evening. 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. Mayor Gutierrez read the following consent items into record. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of April 27, 2021. (B. Dennis) 11 2. Ordinance No. 21 -T -16 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2020 -2021 Budget to provide funding for an amendment to the 2017 Roadway Impact Fee Program, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final reading (B. James /K. Woodlee) 3. Ordinance No. 21 -T -18 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2020 -2021 Budget to provide funding for professional services related to the relocation of water and wastewater utilities along FM 1518 between FM 78 and IH 10, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final reading (B. James /K. Woodlee /E. Schulze) 4. Ordinance No. 21 -T -1.7 - Consideration and /or action approving an ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the FY 2020 -21 Budget for electricity usage fees related to the Winter Storm, repealing all ordinances in conflict with this ordinance; and providing an effective date. (M. Browne /B. James /J. Walters) Final Reading 5. Resolution No. 21 -R -37— Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to enter into an agreement with Halff Associates, Inc., for design, bid, and construction phase engineering services for the FM 1518 Water and Wastewater Utility Relocation project in advance of the FM 1518 road widening project. (B.James /K.Woodlee /E. Schulze) Mayor Gutierrez asked Council if there were any items they wished removed for separate action. No items were removed. Moved by Councilmember Mark Davis, seconded by Councilmember Michael Dahle to approve consent agenda items 1 -5. AYE: Councilmember Rosemary Scott, Councilmember Mark Davis, Mayor Pro -Tem Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison. Heyward, Councilmember Tim Brown Passed Discussion and Action Items 6. Resolution No. 21 -R -35 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to amend the existing License and Management Agreements with the YMCA, by canceling the Management of the Wendy Swan Memorial Park Pool. (B. James /L. Shrum) Mayor Gutierrez indicated that staff asked that this item be tabled to the next meeting. No action taken. Public Hearings Mayor Gutierrez read the following items into record. 7. Ordinance 21 -A -13 - Conduct a public hearing, consider and /or take action on a request for voluntary annexation of approximately 35.5 acres of land generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 3 10031, Bexar County, Texas.First Reading (B. James, L. Wood, N. Koplyay) Mayor Gutierrez recognized Senior Planner Emily Delgado who introduced this item stating the property owners are requesting voluntary annexation into the City of Schertz, because they want the subject property to be located within the Schertz City limits in order to develop the land as a residential subdivision under the Planned Development Zoning District (PDD). On April 6, 2021, City Council approved Resolution 21 -R -22, accepting a petition for voluntary annexation, therefore allowing this annexation ordinance to be heard by the City Council. The property owners are also requesting to zone the subject property to Planned Development District (PDD) immediately following action on Ordinance 21 -A -13. A public hearing notice was published in the San Antonio Express News for the public hearing associated with the annexation ordinance on April 14, 2021. City Staff also sent written notice of the proposed annexation to the Board of Trustees for Schertz- Cibolo- Universal City ISD and all property owners within 200 feet on April 20, 2021. Additionally, a public hearing notice has been published on the City of Schertz website since April 21, 2021. At the time of this report, Staff have not received any responses to the annexation public hearing notice. Mayor Gutierrez opened the public hearing and as no one spoke; closed the public hearing for Council comments. Ms. Delgado addressed council questions. 6 Moved by Councilmember Michael Dahle, seconded by Councilmember Tim Brown to approve Ordinance No. 21 -A -13 on first reading. AYE: Councilmember Rosemary Scott, Councilmember Mark Davis, Mayor Pro -Tem Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 8. Ordinance 21 -S -14 Conduct a public hearing, consider and/or take action on a request to rezone approximately 39.5 acres of land to Planned Development District (PDD), generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031, Bexar County, Texas. First Reading (B. James, L. Wood, N. Koplyay) Mayor Gutierrez recognized Senior Planner Emily Delgado who introduced this item stating the applicant is proposing to rezone 39.624 acres of land to Planned Development District (PDD). Currently, 4.217 acres of the subject property along Lower Seguin Road are located within the City limits and zoned Single - Family Residential Agricultural District (R -A), and the remaining 35.407 acres are outside the City limits and under a delayed annexation development agreement. The approximately 35.5 acres of land outside the City limits will also go through voluntary annexation proceedings along with this zone change application. The applicant is requesting to rezone all 39.624 acres of land to Planned Development District (PDD), which will consist of single - family residential uses and private parkland. Fourteen (14) public hearing notices were mailed to surrounding property owners on April 2, 2021, prior to the Planning and Zoning Commission public hearing, and a public hearing notice was published in the "San Antonio Express" on April 14, 2021, prior to the City Council public hearing. At the time of this report Staff have received 9 responses in favor of the proposed zone change that represent 6 properties inside the 200' notification buffer, and 1. response opposed to the proposed zone change from properties inside the 200' notification buffer. The owner of approximately 14.25 per of the property within the 200' notice area has protested in writing. The Conceptual Land Plan is being revised by the Project Engineer following the Planning and Zoning Commission in order to more accurately depict the planned Residential Collector roadway that runs through the middle of the subject property. The Schertz Master Thoroughfare Plan (MTP) identifies a Residential Collector roadway with a 70' ROW section to extend from Lower Seguin Road to Interstate Highway 10, which was not clearly shown on the original Conceptual Land Plan presented to the Planning and Zoning Commission. The revised conceptual land plan will show the full 70' section intersecting with Lower Seguin Road across from St. Vincent Way in Rhine Valley Subdivision Unit 2, and then traveling southbound and stubbing for future development at the southern property boundary. The Carmel. Ranch PDD Development Standards proposes to modify the regulations for Subdivision Entry Signs and Development Signs. Please see the below tables for the proposed changes to UDC Sec. 21.11.15 and Sec. 21.11.18 and a comparison to the current sign regulations. Please note that the Development Sign regulations in UDC Sec. 21.11.18 have been split into two different categories: wayfinding signs and model ID signs. Wayfinding signs will give directional ques to drivers to locate the Parks, trail heads and builder model homes. The Model ID Signs may be monument signs and are made of wood, masonry, or metal built signs that are located at a builder's Model Home, identifying the builder name and to clearly designate that the home is a Model Home. Proposed Sign Regulations: UDC Sec. 21.11.15 Subdivision Entry Signs UDC Current Regulation Proposed Regulation Section UDC Sec. 32 square feet per 32 square feet per sign face 21.11.15C sign face Max Area UDC Sec. 1 sign at primary 2 signs (1 on both sides of 21.11.15D entrance; 1 sign the entrance) for the Max per secondary primary entrance on Number of entrance w/75% Lower Seguin Road; 1 Signs max area sign per secondary entrance w/75% max area 3oposed Sign Regulations: UDC Sec. 21.11.18 Development Signs UDC Section Current Regulation Proposed Regulation UDC Sec. 21.11.15A Max Area UDC Sec. 21.11.15B Max Height 32 square feet 6 feet 32 square feet per sign face Wayfinding Signs: 8 feet Model ID Signs: 6 feet In UDC Sec. 1 sign per residential Wayfinding Signs: 1 21.11.15 C entry, not to exceed 2 sign per number of Number of total recorded units Signs Model ID Signs: 1 sign per Model Home UDC Sec. Installed after final .Wayfinding Signs: 21.11.15D plat approval and Installed following Duration removed after 3 years recordation of final or 75% build -out plat for each unit (whichever is Model ID Signs: soonest) for Installed following residential recordation of final plat and removed when model home is sold and closed The Schertz Planning and Zoning Commission met on April 14, 2021 and voted to recommend that City Council approve Ordinance 21 -S -14 (ZC2021 -002) by unanimous vote (7 -0). The proposed zone change to PDD, which proposes a mix of detached single- family residential housing and an interconnected system of private trails and parkland, would allow the property to develop in accordance with the recently- approved Single - Family Residential future land use designation. Therefore, the proposed zone change meets the goals and objectives of the Comprehensive Land Use Plan. During the public hearings for the owner - requested comprehensive plan amendment for this subject property, City Council spoke extensively regarding their vision for new residential development; City Council indicated their preference for Staff to allow a greater range of lot sizes and housing types in order to potentially allow for more affordable housing options, as well as pull back on neighborhood design element oversight to show more deference to the evolving market. Staff believes the proposed Carmel Ranch Planned Development District is compatible with City Council's direction. Therefore, Staff recommends approval of the proposed zone change to Planned Development District as submitted. Mayor Gutierrez opened the public hearing and recognized the following: • Mr. Gary Fairley, 12310 Lower Seguin who addressed concerns regarding drainage and possible flooding onto his adjacent property, water quality with possible use of pesticides As no one else spoke; Mayor Gutierrez closed the public hearing for Council comments and questions. 9 Mayor recognized the following: Councilmember Scott who addressed questions regarding the percentage of responses of those opposing the zoning case. Ms. Delgado provided Councilmember Scott with how the calculations are determined. Councilmember Scott provided the following comments received by Gary and Penny F'airley, 12310 Lower Seguin: • 90% of better of the land that lies from Lower Seguin Rd to Trainer Hale Rd or better is either zoned Ag or Wildlife at the present time, which makes the request not compatible with present land use • Lots of wildlife frequent the area and to put that type of zoning will block off their movements and feeding • It is of my opinion that the process of just changing the zoning on a parcel of land to planned development district without some preliminary studies being done is like putting the horse before the cart. • Traffic issues • Sewer - There are some subdivisions that are running on temporary sewer systems now and the elevation of the land in question would require a lift station if it is tied into the proposed sanitation plant. • What about water and drainage? There is only a 6 -inch Main, running down Lower Seguin Rd. More than likely, that would not be large enough to furnish enough water for that size of development. • Drainage and safety is the other part that needs to be considered. • Considering factors like roads, sidewalks, and structures (at least 5 to the acre), runoff will be a major concern. • Sanctuary for animals being displaced by development. • Stormwater runoff causing erosion. Councilmember Scagliola stated that in looking at the lots and the numbers, seems like almost half houses are in the 55 ft range and asked if that was correct. In answer Ms. Delgado indicated yes, but as a reminder this is only the conceptual plan, during the master development plan process is when actually identify how many of each lot and the actual configuration of the lots. This is also the time that the drainage will be reviewed and studied through our engineering department as well as traffic concerns. Councilmember Scagliola indicated that he did like the design, and asked if there was an amenity center, he indicated he does see a park. Assistant City Manager Brian James came forward indicating they do not believe the developer is planning an amenity center - they have a park and it looks like there may be playground equipment. Mr. James further explained why an amenity center would not work in this subdivision due to the maintenance. Mr. James provided further information regarding parkland dedication. Councilmember Scagliola indicated that he did like the walking trails within the area. 10 Mayor Pro -Tem Whittaker who asked what is the alternative to PDD's. In. answer, Ms. Delgado stated that there could be base zoning - most common is the R1 120 -x80, other is R2 120x70, these limit designs like curving, landscaping designs, straight grid type. Mayor Pro -Tem Whittaker stated that there is a demand for PDD's with small lots, curve streets, these are selling and we will be seeing more PDD's in the future as Schertz develops. If there is something as a City that we are looking for then we need to incorporate that in the PDD's i.e., drainage, more of the numbers. She just wants to make sure that we have the opportunity to discuss and not just pass the next PDD. Assistant City Manager Brian James came forward to clarify, keep in mind that this is not likely that the Council will see this property. The master plan and the plats will go to the Planning and Zoning Commission for approval, it is only if the applicant requests a variance that the Planning and Zoning Commission denys will they appeal that to City Council. This is Councils opportunity, Emily brought forward a general representation, they have to come in with a Master Plan - to be clear this is generally what the subdivision has to look like, how it has to lay out when they come in with that Master Plan, because the PDD locks this in - this is one of the advantages of the PDD vs the straight zoning. Mr. James provided the options that Council could consider when approving this PDD. He pointed out the changes that the applicant has made since presenting to the Planning and Zoning Commission. It is his recommendation to not approve a zoning that the applicant is not comfortable with, it is extremely problematic for the applicant and staff. City Manager Dr. Browne stated we have worked with the applicant and based on past developments this is generally what the Council has been approving. Mr. James stated that this is not inconsistent with what Council has been approving. We have over the last several months been talking about affordability of housing, the greater variations of lot sizes - this is a little different than what we would have seen three or five years ago but is consistent with what we did with Saddle Brook, they feel this is pretty consistent with an oddly sized property. Dr. Browne stated that there was a lot of thought and a lot of planning work that has been done with the developer on this project. Mr. James again stated that working with the developer and since they came to Planning and Zoning Commission significant changes have been made to deal with concerns brought up by the Commission. Mayor Pro -Tem Whittaker thanked Mr. James for the explanation and is fine with the zoning change. Councilmember Brown stated that on this zoning request he didn't see any variances with the exception of the signs. In answer the signs and the three proposed lot size requirements were mentioned. Most of the zoning request is within our planning guidelines, they are meeting everything we have asked them im to meet. As Mayor Pro -Tem Whittaker mentioned the market is willing to accept the smaller lots and if the request meets our requirements he is willing to accept the smaller lots. Councilmember Dahle stated the conversation that Mayor Pro -Tem Whittaker brought up is a conversation as we work on the comp plan amendments. Where this development is meets the requirements for the development in this area. He appreciates the changes that have been made since the last Planning and Zoning meeting. Councilmember Scagliola stated that if you are going to have a smaller house on a smaller lot he does not have an issue, but the 55ft lot you are going to have parking issues, cars on the street, creates a safety hazard. There are ways to fix these concerns. He asked how long a house is on the market in Schertz, Councilmember Brown stated 30 days, regardless of the size or cost. He stated that he was going to suggest at the end of the meeting that we have a sit down meeting to start discussing the density issues, side yard set backs, minimum driveway lengths and also positioning of mailboxes - this provided his opportunity to bring these issues up now. Councilmember Scott stated that she appreciates staff as they do, and she has done a great job. She appreciates the comments from Mayor Pro -Tem Whittaker, Councilmember Scagliola and Dahle - this is a conversation that we must have. She spoke on the need to conserve greenspace and take care of our planet, birds, wildlife etc. We need to be good stewards of our City and be the premier destination that why people want to move here. We don't want cookie cutter type development because it will change what we have in Schertz. She agrees that we need to start talking about this. Mayor Pro -Tem Whittaker agreed that this type of neighborhood is well - placed for that future development and people are looking forward to this. Secondly, affordability and what type of economic picture we are creating by these smaller lot sizes, 55ft lot is going to have a house placed on it that costs around $300,000. These are not starter homes, new construction on 55ft lots are starting in the mid $200,000. She disagrees that smaller lots mean a lower economic profile for incoming residents of the City of Schertz. No further comments were provided and Mayor Gutierrez asked if there was a motion to approve. Moved by Councilmember Allison Heyward, seconded by Councilmember Tim Brown to approve Ordinance No. 21 -S -14 on first reading. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown NAY: Councilmember Rosemary Scott Passed 9. Ordinance 21 -S -15 Conduct a public hearing and consideration and /or take action on a request to rezone approximately 66 acres of land from Single - Family Residential District (R -2) and Neighborhood Services District (NS) to Planned Development District (PDD), generally located southwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. First Reading (B. James, L. Wood, N. Kopiyay) Mayor Gutierrez recognized Senior Planner Emily Delgado who introduced this item providing background information on this project. She stated on April 2, 2021: 60 letters were sent out to landowners within the 200' legal notice listing near the property. On April 14, 2021 a Public Hearing Notice in SA Express, May 5, 2021: Planning Dept. received 18.7% of the adjoining /200' buffer properties in opposition to the proposed zone change. At this time a super majority is not required. Ms. Delgado went over what areas would need to be addressed to meet current standards: Live Oak Hills Subdivision was recorded in 1963. It does not have any infrastructure systems: i.e. water, sewer, roads. It is what is considered a "paper subdivision ", it exists on paper as a platted residential subdivision, but in reality, it is not actually there. Even though the improvements were not installed these lots were bought and sold since 1963. It consists of 45 acres with the Live Oak Hills subdivision plat. Currently, 180 lots, sized 8400 s.f. (70' x 120') oriented in a traditional grid and would require a zone change from NS to R -2. The additional 21 acres that is not platted would go through preliminary and final plat process to develop approx. 70 single family residential lots. Ms. Delgado continued to explain the proposed conceptual plan of Heritage Oaks PDD includes coving- implementing winding roads, fluctuating building setbacks by reducing impervious coverage, and limiting infrastructure costs. This leads to more open spaces preservation than existing plat. Other areas 13 discussed were street requirements, lot size and density, side setbacks with no permanent structures or equipment will be allowed in side yards less than 10 ft. Proposed block length regulations, park and open spaces dedication requirements, landscaping and tree mitigation. There is a Trail Plan planned for this site. Wiederstein Road has several modifications added to this PDD to address the additional curving, driveways along the front with "T" turnarounds and adding alleys. At the Planning & Zoning meeting on April 14, 2021, several issues were brought up by numerous citizens opposing the proposed zone change. Their concerns included traffic impact, safety with the curvilinear roads and alleys. Lots and density sizes, landscape and tree preservation, environmental concerns with wildlife, drainage, and water. The Planning & Zoing Commission voted to recommend denial to the City Council of this proposed zone change with a 6 -1 vote. Mr. Anthony Eugenio, the developer requests changes to the following sections within the PDD to address these issues which included side yard setbacks, the "T" turnarounds in driveways, Park and Open Space Dedications requirements, street improvements, curbs, and hike and bike trails. Staff believes the proposed Heritage Oaks PDD resembles a marked in improvement over the existing Live Oak Hills Subdivision plant, while reducing the overall destiny. Given the less than desirable current lotting pattern, staff is willing in this case to support a creative development proposal. Mayor Gutierrez spoke before the Public Hearing and explained that Mr. Anthony Eugenio has been working on the planned development for 20 yrs. He has made various improvements and numerous modifications to the original plan. After the Planning & Zoning meeting on April 14, 2021, Mr. Eugenio addressed many of the issues that were brought up by residents and made changes to his proposed PDD. Mayor Gutierrez opened the Public Hearing and the following spoke: • Steve Cicherski : 3509 Sumpter Glade: Representing: Ridge at Carolina Crossing, Board of Directors and many homeowners. The 43 property owners within or directly near the boundaries of the proposed plan were opposed. While it was a very thought -out plan, there are some very complex issues. Major concerns of flood zone. We currently have 3 dry creek beds, Cibolo, Dietz and Deer Creeks that with a major event will flood the city. GVEC, LCRA, FEMA, Texas Park and Wildlife were not aware of this project. Other topics: setbacks, cul -de -sac diameters, fire equipment being used safely being so close to GVEC substation. Concerns for neighborhood and board of directors are safety for firefighters, pedestrians, flood damage and potential life worth. Im • Michael Carpenter: 3613 Calvert Street - Carolina Crossing North - Commissioner Carpenter stated this subdivision and another subdivision coming forward, Freeway Manor were platted before they were in the City of Schertz and pose a unique problem. The current zoning, current plat, current entitlement that could be built now is significantly problematic. This proposal is a cumulative of hundreds of hours of work by staff, engineers, developers. He asked if it is perfect, no, there is no silver bullet answer. He asked council that they consider of what it would look like if it was allowed to built as is. • Michelle Terelesky: 705 Marilyn Drive- She stated she has lived here in Schertz for 42 years. Flooding is an issue and water flows downhill, and even thought we have this FEMA ditch, we all need to start thinking about drainage. Kramer Farms was built 18 inches up higher than her property and during heavy rainfalls, she had level water in her easement. With all the building, more houses equal more water. • Amanda Willmann: 3429 Abbeville Dr- The Ridge at Carolina Crossing: She brought up several concerns at the April 14, 2021 Planning & Zoning Meeting but wanted to ask Council to not lower our standards. Safety requirements, widths of road, putting in an alleyway, curving of the Wiederstein Rd. that will connect FM 1518 to Schertz Parkway were some of her safety concerns. It is a very well - traveled road and adding homes with driveways exiting onto the road and heavily populated with families, the safety concerns are troubling. She noted that there are decades of research that alley ways increase crime rate and with the proximity of I -35 nearby, the possibility would bring crime to all of us. The land that the developer wants to build on, is a beautiful forest teaming with wildlife and wishes it could stay that way. • Dana Eldridge: 2628 Gallant Fox Drive- Mr. Eldridge brought up that the construction on I -35 that is coming up will cause problems. Traffic will back up and drivers will find ways to bypass it. When something happens on I35 around FM 3009 - Schwab Rd, Old Wiederstein Rd becomes a racetrack to bypass traffic, and it is not set up for that. Asked Council to be aware, that traffic will be bad, and drivers will exit I -35 and bypass the frontage road and use Wiederstein to get through. • Mr. Orejandro: 3700 Florence Rd- Mr. Orejando recognizes the hard work put into this plan and understands change is constant. He would like something that will work for the developer and the current neighbors around this area. His concerns are increasing traffic, increasing city resources, and the beautiful habitat. That area is a beautiful spot that brings life to him and his neighbors. He asked that they keep some of that forest that is over there with heritage trees. • City Secretary Brenda Dennis read an email from Mr. Justin Willmann: 3429 Abbeville Dr- Mr. Willmann wrote to voice his objections and issues with the Heritage Oaks Planned Development District. He brought up the following safety the concerns that should prevent this development to occur. The curving radius of Wiederstein road DO NOT meet the City of Schertz Engineering Department Standards. Cul -de -sac's radius is reduced to 1.00 feet vs. the currently required minimum of 150 feet. Alley way width are less than the minimum standard of 24 feet. The side setback between houses is reduced from 10 ft. to 5 ft. All these issues are putting neighbors and first responders at risk. Believes the large electrical power plant in the middle of the neighborhood will reduce property value in the area. See attached picture. Has concerns of the planned green space and tree mitigation plan. Mayor Gutierrez closed the public hearing and recognized Mr. Anthony Eugenio and Mr. Richard Harris who gave a detailed PowerPoint of the proposed conceptual plan of Heritage Oaks PDD. After the presentation, Mayor Gutierrez then opened the floor to discussion by Council. Councilmember Brown thanked Mr. Eugenio and Mr. Harris for the great presentations. He recognized the emotional impact with the parklike wildlife. Stated the city is going to develop and asked that we develop smart and take in modern engineering. Believes the best use of land is the best use of plan. He appreciates the concerns from P &Z have been addressed. Councilmember Heyward stated she liked the layout of the PDD, which included curves that look like a parkland and appreciates that anywhere you step out you will see green. She would like to find a way to save the heritage oak trees and the older trees. Understands the concerns citizens have with the current area being filled with wildlife. We have seen the growth and would love to keep it the same, but Schertz will grow. The price point will have premier homes with amenities, walking trails and green cul -de -sacs are a great addition. She said this plan gives us all what we like and will not add density. Councilmember Scagliola stated he has seen Mr. Eugenio bring plans to the city and each time the plans get better. He thanked Mr. Eugenio and Mr. Harris for presenting their plan. He listened to the Planning & Zoning Meeting on April 14, 2021 and Planning and Zoning did not send a recommendation for approval to City Council. The biggest problem he has with this plan is Wiederstein Rd is the curves. Other concerns were with drivers backing out of a driveway onto a collector streets and setbacks. His other concerns about cul -de -sacs, a tree buffer zone, and drainage were addressed, however he would like to table this decision and bring it back with changes to fix Wiederstein Rd. Councilmember Dahle recognized that this plan has been in the works for 20 16 years, but it does not guarantee that we should approve it. He watched the Planning and Zoning Meeting from April 14, 2021 and appreciates the changes the developer made to those concerns that were mentioned at that meeting. Understands the citizens wanting to keep it a greens space, but this is private property the owners have the rights to develop this land. The curves, driveways exiting onto Wiederstein are some of his biggest concerns about the PDD. However, after doing some research he believes this plan is something the city can work with. We are trying to not over regulate development and with that, sometimes we are not going to get everything we want in every plan. This PDD is much better for us than the current platting. Mayor Pro -Tem Whittaker thanked Mr. Eugenio and Mr. Harris for their excellent presentation. She feels enthusiastic about this proposed plan which included cul -de -sac islands and the added greenspace. It is nice aesthetically and loves how streets are efficiently planned. She liked the curves in the Wiederstein Rd design. Straight roads lead to speeding and a curvy road will stop people from cutting through and slow them down to pay attention. Again, she expressed how enthusiastic she is in favor of this design and look forward to seeing it come into fruition. Councilmember Scott asked Ms. Emily Delgado and Mr. Brian James to explain how the responses were being counted. She understood the citizens and their concerns are an emotion issue. She stated she feels very conflicted because this is a very good - looking plan with a beautiful layout, aesthetically pleasing but does not want to turn her on her citizens who have real concerns about flooding and greenspace issues. Our citizens' voices matter. Councilmember Davis thanked all the residents who spoke. He stated the proposed plan is an impressive design compared to original plat. The plan is good and appreciates the tree mitigation plan. His biggest concern was with Wiederstein Rd and once developed will get a lot of traffic usage. Kensington Ranch will use this route to get to FM 3009. The curving in the plan is a natural way to slow down traffic, but drivers don't pay attention. The 23 houses that enter onto Wiederstein Rd with curves, reduced visibility, limited sight distance is a safety concern. The plan is fantastic except for the driver access to Wiederstein. Mayor Gutierrez recognized Councilmember Scagliola who stated he would like to table this item, love the concept, but have problem with Wiederstein road but doesn't have a solution. Moved by Councilmember David Scagliola, seconded by Councilmember Rosemary Scott motion to table this item. IM AYE: Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola NAY: Mayor Pro -Tem Jill Whittaker, Councilmember Michael Dahle, Councilmember Allison Heyward, Councilmember Tim Brown Failed Moved by Mayor Pro -Tem Jill Whittaker, seconded by Councilmember Michael Dahle to approve Ordinance No. 21 -S -15 on first reading AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown NAY: Councilmember Mark Davis, Councilmember Rosemary Scott Passed Roil Call Vote Confirmation Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the role call vote confirmation for agenda items 1 through 9. Information available in City Council Packets - NO DISCUSSION TO OCCUR Mayor Gutierrez mentioned that agenda item 10 is an informational only item and was provided in their packets as well as can be found online. 10. COVID -19 UPDATE - Bi- Weekly COVID-19 Update.(C. Kelm/ K.Long /S.Hall) Requests and Announcements • Announcements by the City Manager. No further announcements. • Requests by Mayor and Councilmembers for updates or information from staff. Mayor Gutierrez recognized Councilmember Scagliola who stated that he was interested in the COVVD payments that were coming in to the City and was wondering about the Hazardous Duty Pay for First Responders. He doesn't want to make it an agenda item, but he would like information on how the money is going to be disbursed. Mayor Gutierrez if he was referring to the American Relief Act, we have a workshop scheduled in June on how Council is going to proceed with the disbursement of the funds. City Secretary Brenda Dennis stated that we do have 17: a Workshop scheduled for June 17, 2021 and Council received a new invite for that meeting. This is a special workshop. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. Mayor Gutierrez recognized Councilmember Dahle who stated as Councilmember Scagliola and Mayor Pro -Tem Whittaker mentioned he would like to have a Workshop regarding PDD's, see if we can find some definitions for staff and provide them some guidance on what we want to see in the PDD's. What's important, what's not important, this would make the process easier for staff. Mayor Gutierrez agreed, this is what will place the Council in alignment with Planning and Zoning in setting up the PDD standards. Mayor indicated that he would get with Dr. Browne and see what we can arrange. Mayor recognized Councilmember Scagliola who stated that there were four (4) things he would like to look at specifically: • Proportion of densities or percentages • Side yard set backs • Minimum drive -way lengths • Mailbox locations Mayor Gutierrez also stated we discussed square footage of lot sizes. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Gutierrez recognized the following: Mayor Pro -Tem Whittaker who stated she attended the Citizens Police Academy, second to last class. This week we graduate. Councilmember Heyward who stated she attended South Texas Pregnancy Care Center, they are going to be opening up a new facility. It's a facility that if you are pregnant, and you need assistance, they are there to help and provide counseling. Adjournment Mayor Gutierrez adjourned the meeting at 10:06 p.m. 19 Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary 20 ei IRIUM City Council May 11, 2021 Meeting: Department: City Secretary Agenda No. 2. Subject: Appointments /Resignation to Boards and Commissions /Committees - Consideration and /or action regarding appointments /resignations to various Boards and Commissions /Committees. (Council /B. Dennis) • Resignation of Paul Ryson - Transportation Safety Advisory Board • Resignations of John Baker, Sabrina Allen and Sue Boissonneault - Historical Preservation Committee • Appointments of Jesse Gonzales, Jason Baltaric - Historical Preservation Committee • Appointment of Ronald Stevens - Transportation Safety Advisory Commission BACKGROUND The City Secretary's office has received resignations from Paul Ryson, Transportation Safety Advisory Commission, John Baker, Sabrina Allen and Sue Boissonneault - Historical Preservation Committee. The City Secretary's office also received new volunteer applications from Jesse Gonzales, Jason Baltaric who applied to serve on the Historical Preservation Committee and from Ronald Stevens who applied to serve on the Transportation Safety Advisory Commission. All applicants were vetted through the Interview Committee, and it was the consensus of the Committee to recommend to Council for appointment. Staff recommends the appointments of Jesse Gonzales and Jason Baltaric to the Historical Preservation Committee and the appointment of Ronald Stevens to Transportation Safety Advisory Commission. ei Olum City Council May 11, 2021 Meeting: Department: Engineering Agenda No. 3. Subject: Resolution No. 21 -R -39 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Myers Concrete Construction, LP relating to the 2020 Silt Removal Projects and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Shortess) Previously, the City authorized survey and civil engineering design for drainage improvements to Sycamore Creek at Westchester Drive, Savannah Drive Detention Basin, and Dietz Creek at Arroyo Verde. The Sycamore Creek at Westchester Drive project includes establishing the channel section by removing silt, grading, installation of concrete riprap at existing pipe outfalls, and providing erosion control. The Savannah Square Detention Basin project includes deepening of the basin and ensuring positive drainage to the outfall point. The Dietz Creek at Arroyo Verde project includes excavation of silt, filling and erosion control to protect existing sanitary sewer and water line crossings, and installing permanent erosion control. Erosion control methods employed by this project minimize soil loss and turbidity of effluent runoff. Bids for 2020 Silt Removal Projects were opened on April 20, 2021. Two bids were received. Of the two bids, the lowest bid was from Myers Concrete Construction, LP. Staff has reviewed the bids and supporting documentation and determined that the bid from Myers Concrete Construction, LP is acceptable. GOAL To obtain authorization from Council to execute a contract with Myers Concrete Construction, LP for $291,627.47, and a not to exceed amount of $320,000, for the 2020 Silt Removal Projects. COMMUNITY BENEFIT Silt removal leads to an increase in water depth of these watercourses and detention basin and decreases the risk of flooding. Further, providing erosion protection over existing sanitary sewer and water line crossings protect the City's ability to safely dispose of effluent and provide safe drinking water. Authorize execution of the construction contract for the 2020 Silt Removal Projects with Myers Concrete Construction, LP, for $291,634.58 and a not to exceed amount of $320,000. FISCAL IMPACT The cost of the project shall not exceed $320,000 and funding is available from the General Fund. The General Fund allocated a total of $1.1 million to drainage projects. Currently, $500,000 is allocated to other projects, with $320,000 available for the 2020 Silt Removal project. I N 97KO►11►I1 WIN 1719 1 [11 011 Staff recommends Council approve Resolution 21 -R -39 and authorize award of the bid for the 2020 Silt Removal Project to Myers Concrete Construction, LP for $291,627.47, and a not to exceed amount of $320,000. Attachments Resolution 21 -R -39 Bid Tabulation Recommendation for Award Agreement RESOLUTION NO. 21 -R -39 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH MYERS CONCRETE CONSTRUCTION, LP RELATING TO THE 2020 SILT REMOVAL PROJECTS AND AUTHORIZING THE BUDGET EXPENDITURES FOR THE PROJECT WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid from Myers Concrete Construction, LP relating to the 2020 Silt Removal Project and approve the project expenditures; and WHEREAS, City staff has received qualifications indicating that Myers Concrete Construction, LP is qualified to provide such services for the City; and WHEREAS, the project will be funded from the General Fund, THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contract with Myers Concrete Construction, LP for an amount of $291,627.47,with an amount not to exceed $320,000. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 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 l Ith day of May, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506221.1 - 2 - ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL UNIT PRICE *TOTAL BASE BID 1.0 Mobilization L.S. 1.00 $271000.00 $271000.00 $201000.00 $201000.00 2.0 Storm Water Pollution Control L.S. 1.00 $15,750.00 $151750.00 $13,743.50 $131743.50 3.0 Remove Concrete Rip Rap S.Y. 33.30 $25.00 $832.50 $163.44 $59447.55 4.0 Channel Excavation EA C.Y. 1,790.00 $76.50 $136,935.00 $38.72 $9,308.80 5.0 Conrete Rip Ran 5" S.Y. 67.30 $79.00 $5,316.70 $144.52 $91770.2 6.0 H dromulch S.Y. 10,310.00 $1.10 $11,341.00 $0.54 $5,57.40 7.0 Flexible Growth Medium Flexterra S.Y. 81172.00 $2.15 $17,569.80 $3.83 $311298.7 8.0 Erosion Control Mattin Straw Mat S.Y. 10,310.00 $1.25 $121887.50 $2.82 $29,074.20 9.0 Erosion Control Matting P ramat 25 S.Y. 11253.00 $38.50 $48,240.50 $30.97 $381805.41 10.0 Sodding S.Y. 603.00 $7.25 $43,521.75 $9.18 $55,107.51. 11.0 9" Rock Rubble S.Y. 45.00 $19.00 $855.00 $70.76 $31184.20 12.0 Select Fill C.Y. 130.00 $67.25 $8,742.50 $69.70 $9,061.00 13.0 Flowable Fill C.Y. 1.40 $300.00 $420.00 $934.22 $19307.91 BASE BID TOTAL $329412.25 $291fi27.47 Per Bid Proposal $329,412.50 Per Bid Proposal $291,634.58 Low Bidder Verification Myers Concrete Construction, LP Engineer Average Unit Price Lowest Unit Price Bid Item No. SPEC Item Description UNIT Quantity Unit Price Extended % Diff o Diff Diff 1 Mobilization L.S. 1 $ 20,000.00 $ 20,000.00 $ 21,759.95 -8% $ 23,500.00 -15% $ 20,000.00 $ - 2 Storm Water Pollution Control L.S. 1 $ 13,743.50 $ 13,743.50 $ 6,527.99 111% $ 14,746.75 -7% $ 13,743.50 $ - 3 Remove Concrete Rip Rap S.Y. 33.3 $ 163.44 $ 5,442.55 $ 31.75 415% $ 94.22 73% $ 25.00 $ 138.44 4 Channel Excavation C.Y. 1790 $ 38.72 $ 69,308.80 $ 24.00 61% $ 57.61 -33% $ 38.72 $ - 5 Conrete Rip Rap (5 ") S.Y. 67.3 $ 144.52 $ 9,726.20 $ 115.00 26% $ 111.76 29% $ 79.00 $ 65.52 6 Hydromulch S.Y. 10310 $ 0.54 $ 5,567.40 $ 1.50 -64% $ 0.82 -34% $ 0.54 $ - 7 Flexible Growth Medium (Flexterra) S.Y. 8172 $ 3.83 $ 31,298.76 $ 7.00 -45% $ 2.99 28% $ 2.15 $ 1.68 8 Erosion Control Matting (Straw Mat) S.Y. 10310 $ 2.82 $ 29,074.20 $ 2.00 41% $ 2.04 39% $ 1.25 $ 1.57 9 Erosion Control Matting (Pyramat 25) S.Y. 1253 $ 30.97 $ 38,805.41 $ 19.00 63% $ 34.74 -11% $ 30.97 $ - 10 Sodding S.Y. 6003 $ 9.18 $ 55,107.54 $ 8.00 15% $ 8.22 12% $ 7.25 $ 1.93 11 9" Rock Rubble S.Y. 45 $ 70.76 $ 3,184.20 $ 10.00 608% $ 44.88 58% $ 19.00 $ 51.76 12 Select Fill C.Y. 130 $ 69.70 $ 9,061.00 $ 7.00 896% $ 68.48 2% $ 67.25 $ 2.45 13 Flowable Fill C.Y. 1.4 $ 934.22 $ 1,307.91 $ 300.00 211% $ 617.11 51°% $ 300.00 $ 634.22 BASE BID TOTAL $ 291,627.47 $ 246,944.72 $ 291,627.47 Red items are where the %'change to average is greather than 50% I AGREEMENT FFFFF THIS AGREEMENT is by and between City of Schertz ( "Owner ") and ( "Contractor ") Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2020 Silt Removal Projects ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Ford Engineering Inc. 3.02 The Owner has retained the rt of Sch6rtz En ineerin t o artrnen ( "Engineer ") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work is expected to be substantially completed within 270 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within Q calendar days after the date of substantial completion. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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 Page A -1 of 7 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: 1. Six hundred dollars ($600.00) per day 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. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): Unit Price Work Item No. Description Unit Estimated Quantity Unit Price Extended Price Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $ The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. Page A -2 of 7 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the M day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. percent of Work completed (with the balance being retainage); and b. percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to the full amount of the contract, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less such amounts as the Engineer shall determine for incomplete Work, retainage applicable to such work and unsettled claims. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by law, not to exceed 1% per month. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) Page A -3 of 7 reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages A -1 tom, inclusive). 2. Performance bond (pages P64 to B -, inclusive). 3. Payment bond (pages PB -j to PyB, inclusive). 4. General Conditions consisting oOj pages of a modified version of EJCDC C -700, having a title page with the general title: STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT. 5. Supplementary Conditions (pages C-4 to SC -2, inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings (not attached but incorporated by reference) consisting of 26 sheets with each sheet bearing the following general title: 0,20 Si1t;Remqvat, Prg'ects. 8. Addenda (numbers -to inclusive). 9. Exhibits to this Agreement (enumerated as follows): Contractor's Bid (pages fj to BF-5, inclusive). Page A -4 of 7 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; Page A -5 of 7 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non - competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C -700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee ®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline /strikeout), or in the Supplementary Conditions. Page A -6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). CONTRACTOR: By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) Page A -7 of 7 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. Note: The City of Schertz, Texas has modified this document. The modified language is indicated by strikeout and /or underlining A,SCE' A M K"rM 0,', M, t OF v COL E %d43f[`GFI` 3S EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Endorsed by 'WCSI N.-U-1-PA These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C -520, Stipulated Sum, or C -525, Cost -Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC® C -800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C -001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684 -2882 www.nsp .or American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347 -7474 www.acec,or� American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 www.asce.orE The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.e`cdc.or�, or from any of the sponsoring organizations above. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ........................................................... ..............................1 1.01 Defined Terms .......................................................................................... ..............................1 1.02 Terminology ............................................................................................. ..............................5 Article 2 — Preliminary Matters ......................................................................... ..............................6 2.01 Delivery of Bonds and Evidence of Insurance .......................................... ..............................6 2.02 Copies of Documents ............................................................................... ..............................6 2.03 Before Starting Construction ................................................................... ..............................7 2.04 Preconstruction Conference; Designation of Authorized Representatives ...........................7 2.05 Initial Acceptance of Schedules ............................................................... ..............................7 2.06 Electronic Transmittals ............................................................................ ..............................8 Article 3 — Documents: Intent, Requirements, Reuse ...................................... ..............................8 3.01 Intent ....................................................................................................... ..............................8 3.02 Reference Standards ................................................................................ ..............................8 3.03 Reporting and Resolving Discrepancies ................................................... ..............................9 3.04 Requirements of the Contract Documents .............................................. ..............................9 3.05 Reuse of Documents ............................................................................... .............................10 Article 4 — Commencement and Progress of the Work ................................... .............................10 4.01 Commencement of Contract Times; Notice to Proceed ......................... .............................10 4.02 Starting the Work .................................................................................... .............................10 4.03 Reference Points ..................................................................................... .............................11 4.04 Progress Schedule ................................................................................... .............................11 4.05 Delays in Contractor's Progress .............................................................. .............................11 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions........................................................................................................ .............................12 5.01 Availability of Lands ................................................................................ .............................12 5.02 Use of Site and Other Areas .................................................................... .............................12 5.03 Subsurface and Physical Conditions ........................................................ .............................13 5.04 Differing Subsurface or Physical Conditions ........................................... .............................14 5.05 Underground Facilities ............................................................................ .............................15 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 516 Hazardous Environmental Conditions at Site ...................................................................... 17 Article 0— Bonds and Insurance ................................................................................................... 19 6.01 Performance, Payment, and Other Bonds ........................................................................... 19 6l2 Insurance—General Provisions ............................................................................................ ZO 6.03 Contractor's Insurance ......................................................................................................... Z1 6.04 Owner's Liability Insurance .................................................................................................. 23 6.05 Property Insurance .............................................................................................................. 23 6]36 Waiver of Rights ................................................................................................................... 25 617 Receipt and Application of Property Insurance Proceeds .................................................... 26 Article 7— Contractor's Responsibilities ....................................................................................... 27 7]01 Supervision and Superintendence ....................................................................................... l7 7l2Labor; Working Hours .......................................................................................................... 27 71[] Services, Materials, and Equipment ..................................................................................... 27 7.04 "Or Equals " .......................................................................................................................... 27 7.05 Substitutes-----------------------------------------29 7.06 Concerning Subcontractors, Suppliers, and Others ............................................................. 30 7.07 Patent Fees and Royalties .................................................................................................... 32 7.08 Permits ................................................................................................................................. 32 7]}9 Taxes--------------------------------------------32 7.10 Laws and Regulations ........................................................................................................... 32 7.11 Record Documents ............................................................................................................... 33 7.12 Safety and Protection .......................................................................................................... 33 7.13 Safety Representative .......................................................................................................... 34 7.14 Hazard Communication Programs ....................................................................................... 34 7.15 Emergencies ......................................................................................................................... 34 7.16 Shop Drawings, Samples, and Other Submittals .................................................................. 35 7.17 Contractor's General Warranty and Guarantee ................................................................... 37 7.18 Indemnification .................................................................................................................... 3O 7.19 Delegation of Professional Design Services ......................................................................... 3O Article 8— Other Work at the Site ................................................................................................ 39 8]31 Other Work .......................................................................................................................... 39 812 Conrdination---------------------------------------... 40 8]03 Legal Relationships .............................................................................................................. 4O EJCo���(R�1), Standard General Conditions of the Construction Contract. Copyright waoz National Society m Professional Engineers, American Council m Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii Article 9 — Owner's Responsibilities ................................................................ .............................41 9.01 Communications to Contractor .............................................................. .............................41 9.02 Replacement of Engineer ........................................................................ .............................41 9.03 Furnish Data ............................................................................................ .............................41 9.04 Pay When Due ........................................................................................ .............................41 9.05 Lands and Easements; Reports, Tests, and Drawings ............................. .............................41 9.06 Insurance ................................................................................................ .............................42 9.07 Change Orders ........................................................................................ .............................42 9.08 Inspections, Tests, and Approvals ........................................................... .............................42 9.09 Limitations on Owner's Responsibilities ................................................. .............................42 9.10 Undisclosed Hazardous Environmental Condition .................................. .............................42 9.11 Evidence of Financial Arrangements ....................................................... .............................42 9.12 Safety Programs ...................................................................................... .............................42 Article 10— Engineer's Status During Construction ......................................... .............................42 10.01 Owner's Representative ......................................................................... .............................42 10.02 Visits to Site ............................................................................................ .............................42 10.03 Project Representative ........................................................................... .............................43 10.04 Rejecting Defective Work ....................................................................... .............................43 10.05 Shop Drawings, Change Orders and Payments ....................................... .............................43 10.06 Determinations for Unit Price Work ....................................................... .............................43 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work .................43 10.08 Limitations on Engineer's Authority and Responsibilities ....................... .............................44 10.09 Compliance with Safety Program ............................................................ .............................44 Article 11— Amending the Contract Documents; Changes in the Work .......... .............................44 11.01 Amending and Supplementing Contract Documents ............................. .............................44 11.02 Owner - Authorized Changes in the Work ................................................ .............................45 11.03 Unauthorized Changes in the Work ........................................................ .............................45 11.04 Change of Contract Price ........................................................................ .............................46 11.05 Change of Contract Times ....................................................................... .............................47 11.06 Change Proposals .................................................................................... .............................47 11.07 Execution of Change Orders ................................................................... .............................48 11.08 Notification to Surety .............................................................................. .............................48 Article12 — Claims ........................................................................................... .............................48 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii 12.01 Claims ...................................................................................................... .............................48 Article 13 — Cost of the Work; Allowances; Unit Price Work ........................... .............................49 13.01 Cost of the Work ..................................................................................... .............................49 13.02 Allowances .............................................................................................. .............................52 13.03 Unit Price Work ....................................................................................... .............................52 Article 14 —Tests and Inspections; Correction, Removal or Acceptance of Defective Work .......53 14.01 Access to Work ....................................................................................... .............................53 14.02 Tests, Inspections, and Approvals ........................................................... .............................53 14.03 Defective Work ....................................................................................... .............................54 14.04 Acceptance of Defective Work ............................................................... .............................55 14.05 Uncovering Work .................................................................................... .............................55 14.06 Owner May Stop the Work ..................................................................... .............................55 14.07 Owner May Correct Defective Work ....................................................... .............................56 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period ..........................56 15.01 Progress Payments .................................................................................. .............................56 15.02 Contractor's Warranty of Title ................................................................ .............................59 15.03 Substantial Completion ........................................................................... .............................60 15.04 Partial Use or Occupancy ........................................................................ .............................60 15.05 Final inspection ....................................................................................... .............................61 15.06 Final Payment ......................................................................................... .............................61 15.07 Waiver of Claims ..................................................................................... .............................62 15.08 Correction Period .................................................................................... .............................63 Article 16 — Suspension of Work and Termination .......................................... .............................64 16.01 Owner May Suspend Work ..................................................................... .............................64 16.02 Owner May Terminate for Cause ............................................................ .............................64 16.03 Owner May Terminate For Convenience ................................................ .............................65 16.04 Contractor May Stop Work or Terminate ............................................... .............................65 Article 17 — Final Resolution of Disputes ......................................................... .............................66 17.01 Methods and Procedures ........................................................................ .............................66 Article18 — Miscellaneous ............................................................................... .............................66 18.01 Giving Notice ........................................................................................... .............................66 18.02 Computation of Times ............................................................................ .............................66 18.03 Cumulative Remedies ............................................................................. .............................66 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 18.04 Limitation of Damages ............................................................................ .............................67 18.05 No Waiver ............................................................................................... .............................67 18.06 Survival of Obligations ............................................................................ .............................67 18.07 Controlling Law ....................................................................................... .............................67 18.08 Headings ................................................................................................. .............................67 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v ARTICLE 1– DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set -off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 66 regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern — Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § §9601 et seq. ( "CERCLA "); (b) the Hazardous Materials Transportation Act, 49 U.S.C. § §5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. § §6901 et seq. ( "RCRA "); (d) the Toxic Substances Control Act, 15 U.S.C. § §2601 et seq.; (e) the Clean Water Act, 33 U.S.C. § §1251 et seq.; (f) the Clean Air Act, 42 U.S.C. § §7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents —Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times —The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work —See Paragraph 13.01 for definition. 18. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer —The Office of the City Engineer, or its agent. 21. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 24. Liens — Charges, security interests, or encumbrances upon Contract - related funds, real property, or personal property. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 66 25. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed —A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start -up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual —The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 37. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 66 38. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder —The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions —The part of the Contract that _ supplements these General Conditions rovides technical re uirements for the Work and Owner rovided information. 43. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data —Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work —Work to be paid for on the basis of unit prices. 47. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start -up, and commissioning, all as required by the Contract Documents. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 66 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or C. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 66 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well - known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance C. Ede e r -`s ans ice: A e¢pt f t x - tELd -e er is 44eAg-r _ „ er t F 2.02 Copies of Documents A. Owner shall furnish to Contractor one electronic ted- es--co of the Contract (including one fully executed counterpart of the Agreement); ). y4n—e, c ;i- . Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one electronic version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 66 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project - related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 66 B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 — DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 66 inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge of knew - -or reasonably should have known thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFls), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 66 B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers and any_ other individual or entity erformin or furnishin ail of the work under direct or indirect contract with Contractor shall not: 1. 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 its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 66 established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. 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. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. 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. Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor and Engineer, for isolated inclement weather, wherein the roiect site is determined to be unworkable for days of precilsitation and dais following for short EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 66 times between otherwise good weather. If Contractor believes this condition applies, a request shad be made to Engineer for a meeting and a ioint determination of the site conditions and approval of the delay. Engineer will document these approved delays and will incorporate them into a final reconciling Change Order for si nature of Owner and Contractor at the completion of the project ; 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 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLES —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. If it is necessary or desirable that Contractor use land outside the Owner's easement or ri ht -of -wa for materials deliver or occu for an other ur ose with workers tools e ui ment construction materials, or excavated materials. Contractor shall obtain written consent from the orooerty owner and tenant of the land. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 66 areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all 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 any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 66 B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, p #y-h the next business day ' efv-- (}_after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 66 to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, C. 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. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or C. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 66 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 66 b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. 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; and d. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 66 costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set -off against payments to account for the associated costs. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set -off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them 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 arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.13, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 66 J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them 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 arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 66 Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance — General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self- insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. c y«.y neT� t 4uMP�ii'4M1 Cp t9 P1�Pfat A�DYeb tM1 {^rte ®('"AA Ye'$'Y^"§f^$"�D p^g yryq ¢ l p t3H-A" Cb'y d E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 66 party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. f;H. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J . The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability — Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 66 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured— Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry- standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean -up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non - contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 66 been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 66 explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner - furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co- insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance /hot testing and start -up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each otherinsured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 66 D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 66 C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. 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. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 66 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, 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 performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 "Or Equals" A. 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 Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 66 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or- equal" request. Engineer may require Contractor to furnish additional data about the proposed "or- equal" item. Engineer will be the sole judge of acceptability. No "or- equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or- equal ", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or- equal" request shall result in any change in Contract Price. The Engineer's denial of an "or- equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.13, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 66 a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 66 Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order 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. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 66 J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors 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 arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 66 agents, consultants and subcontractors of each and any of them 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 arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them 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 arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value- added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 66 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. 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 Site or who may be 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 trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction:; and 3;4. Contractor shall immediately notify utility owner operator of any dame, Uti it owner operator shall determine the appropriate repair. If the damage results in a release of natural gas or other hazardous substance, or potentially endangers life, health, or property, then the Contractor shall immediately contact the utility ownerloperator, call 911, and take immediate action to protect the public and pro em . B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 66 Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. 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. 7.14 Hazard Communication Programs A. 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 or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. 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. E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 66 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. B. 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 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 for the limited purposes required by Paragraph 7.16.D. 2. Samples: 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 for the limited purposes required by Paragraph 7.16.D. 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. C. 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. D. 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 will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 66 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. 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 7.16.A.3 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. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. 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. 7. 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. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. 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. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 66 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 66 C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 66 to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 66 adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. 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. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set -off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set -off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all 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 damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 66 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.13. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 66 ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems 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 Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 66 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be 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. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 66 1. Change Orders: a. if an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price 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. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner- Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 66 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.13.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.13.4, 13.01.13.5, and 13.01.C; EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 66 e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set -off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 66 is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set -off, unless Contractor has duly contested such set -off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 — CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 66 information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one -half of the mediator's fees and costs. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 66 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost - plus -fee, time- and - materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 66 hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 66 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. 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 Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 66 D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of a maior item total cost of item amounts to 251 or more of the Contract Price which is the sum of all schedules) of Unit Price Work performed by Contractor differs by more than 251 from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 14 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. 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, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 66 D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 66 costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set -off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set -off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at 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 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. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 66 exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set -offs against payments due under Article 15. 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 Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by 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. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page SS of 66 property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 3;4, Each application for ro rasa pa ment steal[ be accompanied by Contractor's updated rogress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or En ineer The Owner reserves the ri ht to re airs submission of monthl certified a rolls b the Contractor. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, 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: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 66 a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. hktL1,i (30 days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set -off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non - compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 66 e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set -off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. P atFy- Within a reasonable time after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 66 C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. 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. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 66 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 66 way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's 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 Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within ore -two years 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 found to be defective, or if the repair of any damages to the Site, adjacent areas that EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 66 Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, 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; 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. B. 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). C. 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. D. 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 two years after such correction or removal and replacement has been satisfactorily completed. 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. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 66 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.8, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.13 and 16.02.D. E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 66 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within -60 days after it is submitted, or (3) Owner fails for 3D - -60 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 60 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 66 B. Final Resolution of Disputes: aAny dispute subject to resolution under this Article, of-C-Gnl-raeteF-4-na l shall be referred to the City Manager City of Schertz for attempted resolution rior to commencement of 9e al action to resolve same. d ef 3;1. If legal action is pursued, the Owner or Contractor must give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and 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 guarantee, or by other provisions of the Contract. 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. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 66 members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non- enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. E)CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 66 Kin W00No1DhYIr_�OL0143 03011MM DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work (Included herein) (Included by Reference to City of Schertz Standard Public Works Technical Specifications) 01145 Use of Premises 01255 Change Order Procedures 01270 Measurement and Payment 01292 Schedule of Values 01312 Coordination and Meetings 01321 Construction Photographs 01325 Construction Schedule 01326 Construction Schedule (Bar Chart) 01330 Submittal Procedures 01340 Shop Drawings, Product Data, and Samples 01410 TPDES Requirements (with Attachments) 01422 Reference Standards 01450 Contractor's Quality Control 01452 Inspection Services 01454 Testing Laboratory Services 01502 Mobilization 01504 Temporary Facilities and Controls 01520 Temporary Field Office 01555 Traffic Control and Regulations 01570 Storm Water Pollution Control 01576 Waste Material Disposal 01580 Project Identification Signs 01610 Basic Product Requirements 01630 Product Substitution Procedures 01725 Field Surveying 01731 Cutting and Patching 01732 Procedures for Water Valve Assistance (with Attachments) 01740 Site Restoration 01755 Starting Systems 01770 Closeout Procedures 01782 Operation and Maintenance Data 01785 Project Record Documents DIVISION 2 - SITE WORK (Included by Reference to City of Schertz Standard Public Works Technical Specifications) 02221 Remove Concrete Rip Rap 02314 Channel Excavation 02751 Concrete Rip Rap (5") 02921 Hydromulch 02922 Sodding 02925 Flexible Growth Medium 02926 Erosion Control Matting SC - I MISC 9" Rock Rubble MISC Select Fill TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES NOVEMBER, 2014 401 Flowable Fill Y jl SECTION 0101.0 SUMMARY OF WORK PART 1— GENERAL: 1.01 DESCRIPTION OF WORK: A. The work proposed in this contract includes, but is not limited to: 1. Approximately 800 linear feet of channel excavation, erosion control matting, and hydromulching for drainage improvements along East Dietz Creek at Arroyo Verde. 2. Approximately 1,400 linear feet of channel excavation, erosion control matting, and hydromulching for drainage improvements along Sycamore Creek at Westchester Drive. 3. Excavation, grading, and revegetation of Savannah Square Detention Basin. B. The CONTRACTOR shall include in his Bid Proposal all labor, equipment, material, tools, supplies, and incidentals necessary to complete all work required by this Contract in accordance with the included plans, specifications, and referenced documents. C. All work done under this Contract shall conform to all local ordinances. CONTRACTOR shall arrange and pay all cost of permits and inspection fees and shall confine his operations to the limits set by law. D. The CONTRACTOR shall take care to protect existing trees in accordance with the City Schertz Standards. He shall avoid damage to mature trees and native brush outside the project limits and shall replace any vegetation, which requires removal with equivalent vegetation. E. It is the intent of the OWNER to award this project to one CONTRACTOR. F. Portions of this project may be subject to review and acceptance by various agencies. The CONTRACTOR will be required to coordinate with these agencies for such items as issuance of permits or work orders, inspections during construction, and final acceptance. The agencies for this project that may require coordination include but are not limited to the following: 1. City of Schertz Public Works Department G. Contract time for this project shall be 270 calendar days. 1.02 EXISTING CONDITIONS: A. Locate and protect all existing utilities impacted by this project. Those affected by this project include as a minimum: L City of Schertz 2. Guadalupe Valley Telephone Cooperative 3. Spectrum 4. CPS Energy 5. Green Valley SUD 6. Fiber Light LLC 7. Centerpoint Energy 8. AT &T 9. Zayo Group 2020 Silt Removal Projects 01010-1 10. MCI 1.03 WORK SEQUENCE: A. Construct work in stages to provide proper coordination with work by others. Coordinate the construction schedule and operations with the OWNER's representative. Reference to General Conditions Item 5.15, Sequence of Work and Section 01110, 1.03. Construction activities involved in the phasing outlined below may be performed concurrently as long as the steps in each phase are performed as stipulated. PHASE 1 Contractor shall make all required submittals, and, upon approval, order materials required. Mobilize to the site and install required pollution prevention controls. PHASE 2 -EAST DIETZ CREEK AT ARROYO VERDE Clear brush, excavate channel, and grade per plans. Place erosion control matting and hydromulching. Revegetate disturbed areas as needed. PHASE 3- SYCAMORE CREEK AT WESTCHESTER DRIVE Clear brush, excavate channel, and grade per plans. Place erosion control matting and hydromulching. Revegetate disturbed areas as needed. PHASE 4- SAVANNAH SQUARE DETENTION BASIN Excavate and regrade detention basin per plan. Revegetate disturbed areas. PHASE 5 Contractor to perform any required cleanup and demolition as required. 1.04 CONTRACTOR'S USE OF PREMISES: A. CONTRACTOR shall limit his use of the premises for Work and for storage, to allow for work by other contractors. B. Coordinate use of premises under direction of OWNER C. Contractor assumes full responsibility for the protection and safekeeping of products under this Contract, stored on the site. D. Move any stored products, under CONTRACTOR's control, which interfere with operations of the OWNER or separate contractor. E. Contractor to obtain and pay for the use of additional storage or work areas needed for operations. END OF SECTION 2020 Silt Removal Projects 01010-2 ei Olum City Council May 11, 2021 Meeting: Department: Public Works Agenda No. 4. Subject: Resolution 21 -R -42 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz authorizing the City Manager to enter into a Design -Build Agreement with Team Mechanical of Texas, LLC for the Animal Adoption Center HVAC Replacement Project and other matters in connection therewith. (C. Kelm /S. Williams /S. McClelland) BACKGROUND The Animal Adoption. Center was completed in 2014. . The HVAC system is a Variable Refrigerant Flow (VRF) design and only services the main core of the facility. Only heating, independent of the main system, is supplied in the kennel areas. For the first 12 —18 months the system functioned with minor service call- backs. However after that time period the system started to have issues with cooling, pressurization, and dehumidification. From that point in time until the present the system has not operated at a satisfactory level and the City has been required to bring in temporary cooling and dehumidification equipment to keep the central core environment at an acceptable level for City staff. Several attempts have been made over the years to repair /adjust the system to no avail. This includes the architect, engineer, contractor, and equipment manufacturer responsible for the initial design and construction of the HVAC system. Because none of these efforts resulted in obtaining a resolution to the problems, an outside forensic engineering firm was retained to review the initial system design and the resulting information obtained from various tests run on the entire system. Following this investigation, the engineering firm was retained to provide and complete re- commissioning of the entire HVAC system and to provide reports, data and recommendations for corrective actions.The final report recommends complete replacement of the existing VRF system including the control wiring system with new HVAC equipment providing a split DX system in lieu of the existing VRF system. In order to complete the HVAC replacement, the City issued a Request for Qualifications (RFQ) to select a qualified Design -Build Firm who could provide a "turnkey" project delivery. The City received two (2) RFQ responses. After evaluating the RFQ responses, Staff identified Team Mechanical of Texas as the most qualified firm. After negotiations on scope and fee, City Staff was able to reach agreement with Team Mechanical of Texas, which is being recommended for award. Although the base proposal is $596,188.00, Staff is recommending to Council to award two additive alternates to the contract in order to provide gas heat to the building for a total contract value of $618,443.00. Staff is recommending Council approve a total not to exceed amount for the project of $675,000.00 to allow for project contingency. GOAL Enter into a Design -Build agreement with Team Mechanical of Texas, LLC for the design and replacement of the Animal Adoption Center HVAC Replacement Project. COMMUNITY BENEFIT The City of Schertz Animal Adoption Center is a premier facility that provides an important service to our community. The facility services guests from Schertz and surrounding areas and the comfort of those guests is important to their experience which reflects back to their view of the City as a whole. Providing a reliable system also provides safe living conditions for the animals being housed at the facility both from a heating and cooling perspective but also from a ventilation standpoint to limit the spread of disease. 004 104 11.11 ffluej a ' / 1 City Staff recommends approval of Resolution 21 -R -42. The project will be funded out of Contingencies. The City continues to pursue litigation on the original HVAC installation in order to recoup a portion of the project cost. RECOMMENDATION Staff is recommending Council approve Resolution 21 -R -42. Attachments Resolution 21 -R -42 Exhibit A Exhibit B RESOLUTION NO. 21 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A DESIGN -BUILD AGREEMENT WITH TEAM MECHANICAL OF TEXAS, LLC FOR THE ANIMAL ADOPTION CENTER HVAC REPLACEMENT PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has a need to replace the entire HVAC system at the Animal Adoption Center; and WHEREAS, City staff conducted a Request for Qualifications to identify firms with the capabilities to complete the project; and WHEREAS, City staff has identified Team Mechanical of Texas, LLC as the firm that is both qualified and provides the best value to the City; and WHEREAS, City has dedicated Contingency funds for the completion of this project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver an agreement in substantially the same form as Exhibit A with Team Mechanical of Texas, LLC for an amount not to exceed $675,000.00 based on the proposal in Exhibit B. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1.1 th day of May, 2021 CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50664954.1 - 2 - =rAIA Document Al 41'- 2-014 BETWEEN the Owner: ­11 1 rrr r other information City of Schertz Schertz, Texas 78154 and the Design-Builder: akm�Lleg ormation) ,al status, address and other inf 'Feam 1TtecFa_n_j_ca_Fo_f —f Mexa_s, 131 Gattuso Road New Braunfels, Texas 78132 210-310-6363 for the following Project: • QVame, location and detailed descril?tion) 800 Community Circle Drive Schertz, Texas 78154 This document has important leg to its completion or modification. encouraged with respect to i........ ... .............. "I'll, ON" AIA Document A141- - 2014. Copyright @ 2004 and 2014 by The American Institute of Architects. All rights reserved. 'The'Amenican "M&' Init. the A A Logo, and "AIA Contract Docurnentm" we rf,,.gietert,,,d tradernarks and may not be used ,v,,,Mwut permisska',,. This document was produced by AIA software at 10:15:22 ET on 0510612021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) AIA Document A141 _ 201 4. Copyright V 2004 and 2014 by The American Institute of Architects, All rights reserved. "?"Igo rner,c a r Insi t,.,te OF Arch s, NA, Init. the ,IA r ago, and 'AIA rtsanb as t tax c n rft are registers d kngde ,.s >t., and may noi, be used t,,fthou r p erar.Won, This docurraent was produced by AIA software at 10:15.22 6T on 05!06!2021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documentsg Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notew (1416800915) 11.2 The Owner's design requirements for the Project and related documentation: including any performance specificationsfor the Project.) owl' control and building pressurization. For additional information, the reports from Tom Green & Company Engineers, Inc., dated August 6, 2019 and August 7, 2020 are attached hereto as Exhibit C • 1.1.3 The Project's physical characteristics: (Identik-w " W*,W i and services; legal description of the site; etc) I I- - I . I to 6 WOJIrts [sit § 1.1.4 The Owner's anticipated Sustainable Objective for the Project, if any: (Id• ntify the Owner's Sustainable Objectivefor the Project such as Sustainability Certification, benefit to the envirgygzeg, ihe health and well-beini o. ibuilding orriinan, nz�encv. § 1.1.5 Incentive programs the Owner intends to pursue for the Project, including those related to the Sustainable Objective, and any deadlines for receiving the incentives that are dependent on, or related to, the Design-Builder's services, are as follows: the incentive programs) rfiur r� r• W f r W; g =1 ,# I igggirri5wirm y The Owner's budget is as follows: Base Budget: Five Hundred Ninety-Six Thousand, One Hundred Eighty-Eight Dollars and zero cents ($596,188.00) Add Alternates, only if selected by the City: Thirty-Eight Thousand, Six Hundred Five Dollars and zero cents ($38,605.00) Total Not to Exceed Budget: Six Hundred Seventy-Five Thousand Dollars and zero cents ($675,000.00) W1 M wry m a z n# mom. .3 Phased completion dates: See Exhibit A AIA DocumentA141' - 2014. Copyright@ 2004 and 2014 by The American Institute of Architects. All rights reserved. The'Ameria,,n �nstthde of Arcifltects,' 'AM, Init. the AIA Logo, and 'WA Contract tradernarks w",d nmy r be used wRhoW pernnission This document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08115/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) .4 Substantial Completion date: See Exhibit A .5 Other milestone dates: t-1-1767 er 71 Fers, uonsuita s anct Contractors at tffr-$.T- S_JigD—�&—M =r—% (Paragraphs deleted) cost. The Engineers, Consultants, and Contractors shall be listed in Exhibit A. Additional Owner's Criteria upon which the Agreement is based: &W-Aha-v,--ci.vM iff, requirements) 5 1.1.10 The Design-Builder shall confirm that the information included in the Owner's Criteria complies with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. M lawful orders of public authorities, the Design-Builder shall notify the Owner of the conflict, 'T—ttwif w&e�_criteri accorda,cce wifit.4oricle 6. § 1.1.12 If the Owner and Design-Builder intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. Unless otherwise agreed, the parties will use AIA Document E203Tm-2013 to establish the protocols for the development, use, transmission, and exchange of digital data and building information modeling. § 1.2 Project Team § 1.2.1 The Owner identifies the following representative in accordance with Section 7. 1. 1: (List name, address and other information.) =141, trial Schertz, Texas 78154 210-619-1000 RM= ull § 1.2.4 The Design-Builder identifies the following representative in accordance with Section 3.1.2. The AIA Document Al 41' - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The,'Amedzan WA, Init. the AIA Logo, and WA Contmct Docvments" are, trademwks and may not beused widmut perrnission, This document was produced by AIA software at A 10:15:22 ET on 05/0612021 under Order No.4397921665 which expires on 08115/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes; (1415800915) 1MV-11JUMN'T W 173M. NX shall not be unreasonably withheld. (List name, address and other information) Chris Humphries Team Mechanical of Texas, LLC 131 Gattuso Road New Braunfels, Texas 78132 210-310-6363 1—f M1rfffT7TM`F7MTrT =71:171'UrITT—W, Ml= s ruprrsun fft"tc"TrIps"It • the other party. Binding Dispute Resolution [For any Claim subject to, but not resolved by, mediation pursuant to Section 14.3, the method of binding dispute resolution shall be the following: lCleik Jke rrr #&W , J — 4ei Zo i finig res lutil ji,il, j" ,, AW U 19171', '#A-KCV "ke, IN A.' ssc I! Y�Ctt 11.7 ff-'• tec I tl ViF I I I It [A I# P. I, I" f� I rl,; 1J.)jF-:&Vo resolved by litigation in a court of competentjurisdiction.) W-0 f • TIMM i r- 1.4 Definitions 1.4.1 Design-Build Documents. The Design-Build Documents consist of this Agreement between Owner and Wesign-Builder and its attached Exhibits (hereinafter, the "Agreement"); other documents listed in this Agreement; and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, including the Design-Build Amendment, (2) a Change Order, or (3) a Change [Virective. ,T, 1.4.2 The Contract. The Design-Build Documents form the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Design-Build Documents shall znd the Design-Builder. &RIJIGS. I constitute the whole or a part of the Project. § 1.4.5 Instruments of Service. instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Design-Builder, Contractor(s), Engineer, and Consultant(s) under their respective agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, digital models and other similar materials. AIA Document A1141- - 2014. Copyright 02004 and 2014 by The American institute of Architects. All rights reserved. The 'Ame6cwa insrRuip. of ArchKet,',ts, WA, Init. the AIA Logo, md ,,A,!A Contr-.act Doc umenW errs ?,egisa,,,,.,red V .Wemarvs and may not be used wMout rerrnis ,, sia, This document was produced by AIA software at r 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in 10 accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) L 'ff I R I • I I - * 1""�11* 11 � , I I A - II - 1W.,M10 i VISION W41111111111110010, 0309ktu, t ffl_a and samples. Submittals are not Design-Build Documents unless incorporated into a Modification. 11, 1.4.7 Owner. The Owner is the i��erson or enti[VA identified as such in the Agreement and is referred to throughout the Design-Build Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 4,ar irXwa y*T-a,-wjr witi�y i-, r_0fV%,-f ti, throughout the Design-Build Documents as if singular in number. The term "Design-Builder" means the Design-Builder • the Design-Builder's authorized representative. IT a portion of the Work, and is referred to throughout the Design-Build Documents as if singular in number. To the extent required by the relevant jurisdiction, the Consultant shall be lawfully licensed to provide the required professional services. § 1.4.10 Engineer. The Engineer is a person or entity providing design services for the Design-Builder for all or a portion of the Work, and is lawfully licensed to practice engineering in the applicable jurisdiction. The Engineer is referred to throughout the Design-Build Documents as if singular in number. § 1.4.11 Contractor. A Contractor is a person or entity performing all or a portion of the construction, required in connection with the Work, for the Design-Builder. The Contractor shall be lawfully licensed, if required in the iurisdiction where the Proiect is located. The Contractor is referred to throughout the Design-Build Documents as if- singular in number and means a Contractor or an authorized representative of the Contractor. § 1.4.12 Confidential Information. Confidential Information is information containing confidential or business proprietary information that is clearly marked as "confidential." § 1.4.13 Contract Time. Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, as set forth in the Design-Build Amendment for Substantial Completion of the Work. § 1.4.14 Day. The term "day" as used in the Design-Build Documents shall mean calendar day unless otherwise specifically defined. AIA Document A141- — 2014. Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved. The "An"mrican InIt. the AU\ Logo, and "AIA Contract tradernad,,s anti, nuay not be usedoxithout peinnaision, This document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921666 which expires on 08115/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents• Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) �ndivldual or Poson Rate § 2.1.3.2 For Reimbursable Expenses, the compensation shall be the expenses the Design-Builder and the Design-Builder's Engineer, Consult is and Contractors incurred, plus an administrative fee of zero percent ( 0 % of the expenses incurred. § 2.1.4 Payments to the Design-Builder Prior To Execution of Design-Build Amendment Payments are due and payable upon presentation of the Design-Builder's (Paragraphs deleted) invoice to the Owner. Timeliness and interest on any late payments are governed by chapter 2251 of the Texas Government Code. Such obligations contained in that chapter apply equally to Owner and Design-Builder. Further, with resl2ect I p2VmEiAL-mad_e-bv--Qm=.-uiLhlimdLare-cc�red-Trust-F-Am&andshalLbi--saiviarded-and-used-a-- represented by Design-Builder to pay any consultants and subcontracts that may be due pursuant to the schedule of values. the Owner with each application for payment or invoice on which any charges for reimbursable expenses appears. Desian-Builder shall-yag, A A.*. ­­­+.A 1111 "Will IN required to be maintained by this section or elsewhere in the Design-Build Documents, ARTICLE GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN-BUILD CONTRACT § 3.1 General § 3A A The Design-Builder shall comply with any applicable licensing requirements in the jurisdiction where the Project is located. § 311 The Design-Builder shall designate in writing a representative who is authorized to act on the Design-Builder's behalf with respect to the Project. § 313 The Design-Builder shall perform the Work in accordance with the Design-Build Documents. The okbq-*�iggmift ta-"4brriko-the Documents by the activities, tests, inspections or approvals of the Owner. AIA Document A141- - 2014, Copyright 02004 and 2014 by The American Institute of Architects. Ali rights reserved. The'Arrmrican tt*AIA Lc,,go, and WA Contract Docurnents" a re, req�'ps tore d tradenoarks and may not be umed wdhoul, This document was produced by AIA software at 7 10:15:22 ET on 05106/2021 under Order No.4397921665 which expires on 0811512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the Alfir Contract DocumentaO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. In no circumstance shall the preparation and presentation of a schedule extending the completion 41W _�k=l * • 1 11 - "I& J , i -C 1� 1.1611"1144- W*_VW -11, _W _W41"V4a absent a fully executed change order extending such contract time. to the Owner. 5 3.1.11.3 The Design-Builder shall perform no portion of the Work for which the Design-Build Documents require Submittals until the Owner has approved the respective Submittal. § 3.1.11.4 The Work shall be in accordance with approved Submittals. The Work may deviate fi-om the Design-Build Documents only if the Design-Builder has notified the Owner in writing of a deviation from the Design-Build Documents at the time of the Submittal and a Modification is executed authorizing the identified deviation. The Design-Builder shall not be relieved of responsibility for errors or omissions in Submittals by the Owner's approval of the Submittals. A W IRE a I MIMI 11, and seal of the licensed desiw.�rofessionalnrewring them. Submittals related to the Work desh4ied or certified bi the licensed design professionals, if prepared ny omers, snalf oear the licensed design protessional s wriuen approva i i ne Owner and its consultants shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. AIA Document A141' - 2014. Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved. The "Anne ftan Init. the AIA' go, and "AIA Contract Doamwr�m are, regiatered tradennarks and nay r�V, be used w4hout peraftsion, This document was produced by AIA software at 10:15.22 ET on 05/0612021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) WWI, ow IN 11111111files I I Lei I egol I I uu 0 11111 all I L_ 3.1.13 Royalties, Patents and Copyrights W.To M 3.1.15 Contingent Assignment of Agreements 3.1.15.1 Each agreement for a portion of the Work is assigned by the Design-Builder to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause, pursuant to Sections 13.1.4 or 13.2.2, and only for those agreements that the Owner accepts by written notification to the Design-Builder and the Engineer, Consultants, and Contractors whose agreements are accepted 13MEMMMM=. AIA Document A141' - 2014. Copyright Q 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'Amencan Init. t A ogo, z'ma 'AIA Coraract Dommruents' arf,',, mgisle, d Vradeamg ks zund rnay not be usedwithoul perrnisskm, This document was produced by AIA software at 10 ,he AV, L ' 1� 10:15:22 ET on 05106/2021 under Order No.4397921665 which expires on 08115/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to thly Contract. When the Owner accepts the assignment of an agreement, the Owner assumes the Design-Builder's rights and obligations under the agreement. A has been susyended far more than 30 daNs- the comyensation under th assigned agreement shall be equitably adjusted for increases in cost resulting from the suspension. 6 3.1.15.3 UDon such assi nment to the Owner under this Section 3.1.15 the Owner mg further assig the aireemW entity, the Owner shall nevertheless remain legally responsible for all of the successor design-builder's or other entity's obligations under the agreement. & 3.1.16 Design-Builder's Insurance and Bonds. The Design-Builder shall purchase and maintain insurance and f!rovide bonds as set forth in Exhibit B. The Preliminary Design may include some combination of physical study models, perspective sketches, or digital modeling. L C design and construction relating to such evaluations., and become familiar with local conditions under which the WQVN is to be completed. § 4.4.3 If the Owner and Design-Builder agree on a proposal, the Owner and Design-Builder shall execute the Design-Build Amendment setting forth the terms of their agreement. § 5.1.2 The Design-Builder shall provide the Construction Documents to the Owner for the Owner's information and approval. If the Design-Builder has included any deviations between the Construction Documents and the Design-Build Documents, the Design-Builder shall promptly notify the Owner of such deviations in writing. The Construction Documents shall not modify the Design-Build Documents unless the Owner and Design-Builder execute a Modification. The failure of the Owner to discover any such deviations shall not relieve the Design-Builder of the obligation to perform the Work in accordance with the Design-Build Documents. AIA Document A141- - 2 014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved .1 4e "Arnerican hnsfitute -0 Afdhiteo ts,.` "AIA, [nit. Om AIA Logo, and "AIA Conbact Docu rent nts'am registered tradernarks and rpay not be usedadt!mut This document was produced by AIA software at 12 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) § 5.2 Construction § 5.2.1 Commencement. Except as permitted in Section 5.2.2, construction shall not commence prior to execution of the Design-Build Amendment. § 5.2.2 If the Owner and Design-Builder agree in writing, construction may proceed prior to the execution of the Design-Build Amendment. However, such authorization shall not waive the Owner's right to reject the Design-Builder's Proposal. 10 11,118011log wil kk,•� all 11,111trilln 10'. ­0 " Mm Documents give other specific instructions concerning these matters. • 5.2.4 The Design-Builder shall be responsible for inspection • portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 5.3 Labor and iliaterials 5.3.1 Unless otherwise provided in the Design-Build Documents, the Design-Builder shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other and whether or not incorporated or to be incorporated in the Work. 5.3.2 When a material or system is specified in the Design-Build Documents, the Design-Builder may make substitutions only in accordance with Article 6. RIM Owner will provide a Tax Exemption Certificate to the Design-Builder for use on the Project. The Design-Builder mr]Lames made for the Work from taxes. All savin - s for the tax exerriptAdus, will be passed on to the Owner by the Design-Builder. The Design-Builder agrees to bind all Subcontractors of any tier to the obligation to present and use the Tax Exemption Certcate and pass all savings to the Owner. 5-u6j-e-c =oe terms .Ii ve, T1171M, _ • Y paj sates, COLISMIlef, LSe --d"IC % MM pro,70.71 by the Design-Builder, that are legally enacted when the Design-Build Amendment is executed, whether or not yet effective or merely scheduled to go into effect. is required. 5.9 Use of Site The Design-Builder shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Design-Build Documents, and shall not unreasonably encumber the site with materials or equipment. The F er understands the animal kennels, which are in an unconditioned portion of the building, and the IT room, which has a standalone HVAC not part of thit PToject, will remain occupied during the Work. The Design-Builder acknowledges the need to ensure its material I&J.;24"c 11 1 nutful r•rr AIA Document A141' - 2014. Copyright Q2004 and 2014 by The American Institute of Architects. All rights reserved. ThIp"Arneftin Init. tN,', AIA Logo,6 and "AIA Contra,;t Documents" a register'�"d tradernvrks wnd rnay be ta sed Mflhout perr6sslon, This document was produced by AIA software at 4 IZ 10:15:22 ET an 05/06/2021 under Order N..439792166; which expires on 08/15/2021, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes; (1415800915) 0 6 IM-To I 11 W M fold Irmo, I mi 0111 71wc 1Z'2ktw '1711L the Owner until subsequently revised. § 5.13.1.4 Unless otherwise provided in the Design-Build Documents, when the Owner performs construction or viomfi+iis-relatei-tv flie 4"vffler-skall r ,e iWfte4_-t1, •4 subject to the same obligations, and to have the same rights, that apply to the Design-Builder under the Contract. § 5.14 Mutual Responsibility and storage Or their inafe-r-i7als and equipment and pertormance of their activities, and snail connect and coordinate the Design-Builder's construction and operations with theirs as required by the Design-Build Documents. § 5.14.2 If part of the Design-Builder's Work depends upon construction or operations by the Owner or a separate contractor, the Design-Builder shall, prior to proceeding with that portion of the Work, prepare a written report to the MINIMUM reasonably discoverable. § 5.14.3 The Design-Builder shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Design-Builder's delays, �p oerLy timed activities or defective construction. The Owner shall be responsible to the Design-Builder for costs the Design-Builder incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 5.14.4 The Design-Builder shall promptly remedy damage the Design-Builder wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 5.14.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching the Owner's Right to Clean Up I 2.1.Pscig—oirz respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and will allocate the cost among those responsible. ARTICLE 6 CAANGES IN THE WORK § 6.1 General § 6.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the 4Wer L-W14 FIVesign-Build Documents. AIA Document A1141- - 2014. Copyright@ 2004 and 2014 by The American Institute of Architects. All rights reserved. The: 'Amerkmn Insttute cn,` Architects," "AIA, Init. Une AIA Logo. and'AIA Contmct Do ,cur nents" are Yeqistered trademaft and may not tm used w4hout pwrnissi0n, This document was produced by AIA software at 16 10:15:22 ET on 05106/2021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copy(ight@aia.org. User Notes: (1415800915) The change in the Work; Amendment, the adjustment in the Design-Builder's compensation; and The extent of the adjustment, if any, in the Contract Time. AIA Document A141' - 2014. Copyright 4 2004 and 2014 by The American Institute of Architects. All rights reserved. The "Arnedcan MmVtute, of Ar�;hptects," AIA," InIt. the AIA Logo, and "AIA Cc nW,,,,act Documents" are, and may r*t be use, Mrmut perrnission This documentwas produced by AIA software at 4 7 10:15:22 ET on 05106/2021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copy(ight@aia.org. User Notes: (1415800915) UMUNI compensation, shall be actual net cost and any overhead and profit on such deleted work. When both additions and credits covering related Work or substitutions are involved in a change. the allowance for overhead and !,rofit shall be figured on the basis of net increase, if any, with respect to that change. § 6.3.9 Pending final determination of the total cost of a Change Directive to the Owner, the Design-Builder may sm-0 Ow mil-Iiiii 1606,01, ; i ., %� ME -plisq V1, 1011, f)TF�F111tq V11 A %,JAI 11 Amendment, the Design-Builder's compensation, on the same basis as a Change Order, subject to the right of [Wesign-Builder to disagree and assert a Claim in accordance with Article 14. 6.3.10 When the Owner and Design-Builder agree with a determination concerning the adjustments in the Contract n-Bi-iiLdf and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective any part of a Change Directive. AIA Document A1411' - 2014. CopyrightC 2004 and 2014 by The American Institute of Architects. All rights reserved. The "Arnerican Inahtute of WA,' InIt. the A A Logo, and WA Contract Documents' Mcidemar,ks and may r*t be used perrmssion, This document was produced by AIA software at 18 10:15:22 ET on 05/0612021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@-aia.org. User Notes: (1415800915) 4 V T MEE • 4., 7MMMIMI, liVesign-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder. 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the under the Design-Build Documents and the Design-Builder's Proposal. 4.4 1 11- 1- 'r r • 1 it I I -li_Nliiwiml RIN111 V-111111111ILLHUILC LHAILt,11 retained by the Design-Builder. 'I, I 111FRIETITIMIT ITIM1111011 IMEEMEM I I -1 N W W • pga -Ig 11111'7411 nor 11VA1 Lail Goa 111111111 1 lonsTaPIM M_,1 IS—MrIT I P 11 c V•)FIR " C11. • , C LO , ♦I - H*n is 17TIFTWIA00000 111, 1 �� • ;; on-site inspections to check the quality or quantity of the Work. The Owner shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, because these are solely the Design-Builder's rights and responsibilities under the Design-Build Documents. AIA Document A141- -2 ®1a Copyright@ 2004 and 2014 by The American Institute of Architects All rights reserved. The "Americar, InsI -AfArchitects," "AIA,' Init. the AIA Logo, and'WA Contract Docurnents" we reigister(,W bra derruirks and may rtcvt be used Mft u!, pernnissIon. This document was produced by AIA software at 4 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 0811512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) Owner's Right to Stop Work if the Design-Builder fails to correct Work which is not in accordance with the requirements of the Design-Build Documents as required by Section 11.2 or persistently fails to carry out Work in accordance with the Design-Build QIijil iiii, I �Wijj -1i jW -13 i de o sto 1gio i i SVA Je Ji LIM UAI-SC 101 N�K;11 UIUVI HUN VrUll U11111111ULCU, RUITUIC1, LIM lIgIlL V1 uivwllnef ► stop Me 11 UFT snuA not gile rise V tw_* wzt"#-exerGme 1%ff #TAZw leaefit-if except to the extent required by Section § 7.9 Owners Right to Carry Out the 1f a;, W 1 61 M may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from Ctayments then or thereafter due the Design-Builder the reasonable cost of correcting such deficiencies. If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts, the Design-Builder shall pay the difference to the Owner. ARTICLE 8 TIME Progress and Completion Documents are of the essence of the Contract. In all asr�iects of the Work. time is of the essence of the Contract. Additionally, time limits stated in the Design-Build Documents are of the essence. By executing the Design-Build Amendment the Design-Builder confirms that the Contract Time is a reasonable period for performing the Work. 8.1.2 The Desi n-Builder shall not except b aL Owner in writi the Yreement of the ni, commence the Work Wor to UIMAII? U UUM V1 ills tu-_ ruitice, req1.1leu vj LIM 111t; U011MIUL I 1111t: SIMI 110L gr adjusted as a result of the Design-Builder's failure to obtain insurance required under this Contract. S 8.1.3 The Design-Builder shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.2 Delays and Extensions of Time 0"Q&M"" iAwLe��_?t MM79 7F7Mw4?r§7,Fr... , VWXLYMM-N Y­,Tqr XV.V7T1 WeRMYFFEAW�R, 1,yUV'1'JNW7 the Owner; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the *r by other causes that the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. AIA Document A141' - 20 14. Copyright 0 2004 and 2014 by The American Insfitute of Architects. All rights reserved. The Ins,'54dr, of Architects,' �W& Init. the MA Logo, and WA Convact Docursents'are rf,��,gisteired trademarks and may nzvt be used without pwa,,�sskm, This document was produced by AIA software at 20 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) (1) The weather experienced at the Project site during the Contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the Project location during any given month. (2) The unusually severe weather must actually cause a delay to the completion of the Project. The delay must be beyond the control and without the fault of negligence of the Design-Builder. §826 The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the Project location and will constitute the base line for monthly weather time evaluations. The Design-Builder's activity durations provided in the progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities. MRIMMMMINI ®r MEJOURREIRIT��, § SlAl .2 Applications for Payment shall not include requests for payment for portions of the Work for which the Design-Builder does not intend to pay the Architect, Engineer, Consultant, Contractor, material supplier, or other AM Document A141' - 2014, Copyright 0 2004 and 2014 by The American institute of Architects. All rights reserved, The "Arnerican InstiMle of Architects. -AAA, InIt. the AIA Logo, and 'AIA Contact Doc upnentsr' are regisMered tnademarkz and may n&I be used Mthout pernrdssio.,ri, This document was produced byAlA software at 21 10:15:22 ET an 0510612021 under Order No.4397921665 which expires on 0811512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsP Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notec (1415800915) whom the Design-Builder intends to pay. § 9.5 Certificates for Payment The Owner shall, within seven days after receipt of the Design-Builder's Application for Payment, issue to the fx-.�_74 -100�4w Design-Builder in writing of the Owner's reasons for withholding certification in whole or in part as provided in Section 9.5. L AIA Document A141- - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'American Msfitute. of Architects." WA, InIt. the AIA'Logo, arul'AIA Contract DacurneMs` are as gistered traderrmrks and may not be used without pt,.mnission, This document was produced by AlAsoflware at 10:15:22 ET on 05/06/2021 under Order No.4397921666 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in 22 accordance with the AIA Contract Documents6 Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) , r! a . I- - I M . — a 4 . as 0 9 IT; n TIM q included on the Design-Builder's list, which is not sufficiently complete in accordance with the Design-Build Wocuments so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the NW.MWI WC i. i Owner to determine Substantial Completion. AIA Document A141- - 2014. Copyright O2004 and 2014 by The American Institute of Architects. All rights reserved. TFhe `Amerk,,an Malfillute of Architects. WA, Init. the A;A 1 ogo, w,,d "AIA CanbraOt Docurnents" wre, reg�strnred trademarks and may not be,,,med withoud pwmissiwt This document was produced by AIA software at 24 110:15:2iETon05106/20211 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) msurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.9.2. Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder. # M"Itrej I I-T-IMM I I IPIPI�) a [IRA r-IN I It I I I V�W! I$ Y a 11'.141011 a I I PROM III J! IMV _IIPIW—'t - #XVr.MWVJ- Mn constitute acceptance of Work not complying with the requirements of the Design-Build Documents. Ly T or .4 1311 OWN110111111 AIMMUIN14IMMMUNN $I - I A a I I WIXE-11, Wil supervision • properly qualified personnel. § 10.3 Hazardous Materials ;1ramA US-47nmv, Documents regarding hazardous materials. (Paragraphs deleted) . . I . daLae—sul TRIF Qpg TWIN7,017701MVP due to the Owner's fault or negligence. (Paragraph deleted) § 10.4 Emergencies 141 an ewrzrtway z5�.j threatened damage, injury ♦ loss. The Design-Builder must promptly but in all events within twenty-four (24) hours of the occurrence report such action in writing to the Owner. ARTICLE11 UNCOVERING AND CORRECTION OFITORR § 11.1 Uncovering of Work The Owner may request to examine a portion of the Work that the Design-Builder has covered to determine if the uncovering and correcting the Work shall be at the Design-Builder's expense and the Design-Builder shall not be entitled to a change in the Contract Time unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs and the Contract Time will be adjusted as appropriate. T 11.2 Correction of Ili rk 11.2.1 Before or After Substantial Completion. The Design-Builder shall promptly correct Work rejected by the i i i t w i 1 1 . I =W Q= 1I "RIVIRM _WW .__j HIUMUHIg dUUMOBUI t0hUlIg UHU 111SPVk;L1011S, UIC UUNt 01 LIKAY; rl 111r, U11U OnCHL, kUlU UV111Pt-,11bdLJU11 ♦ U11:FOR, consultant employed by the Owner whose expenses and compensation were made necessary thereby, shall be at the lid L,esign-Builder's expense. AIA Document A141" - 2014. Copyright@ 2004 and 2014 by The American Insfitute of Architects. All rights reserved. The "Ame0can Institute of Arrh'1(3cts,,' 'AIA, Init. ttm AIA Logo, and "AIA Contract Documents" ar-e, reghftred tradernarks and may rot be used without pemnissk"m This document was produced by AIA software at '07 10:15.22 ET on 05/0612021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) V - 6 !tf Work that is not in accordance with the requirements • the Design-Build Documents. 12.2 The Design-Builder and the Owner warrant that in transmitting Instruments of Service, or any other *wner to transmit such information for its use on the Project. Lyle) 11M. ire MMMINM (Paragraph deleted) § 12.3.2 In the event the Owner alters the Instruments of Service without the author's written authorization, the Owner releases the Design-Builder, Architect, Engineer, Consultants, Contractors and any other person or entity providing services or work for any of them, from all claims and causes of action. The terms of this Section 12.3.2 shall not apply if the Owner rightfully terminates this Agreement for cause. AIA Document A141- - 2 014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved.'?? m'knedcan 1nsbhAc,,,, & Ar(;hKP0s,' WA," Init. the AIA Logo, and "ASIA Contracl Docg.,�ments` we fegistemd trademarks and may not be used without r*,mission, This document was produced by AIA' software at 28 10:15.22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) 5 1 resumption of the Design-Builder's Work. The Design-Builder's compe�sation for, and time to complete, the remaining Work shall be equitably adjusted. riotice of such suspension. When the Project is resumed, the Design-Builder shall be compensated for expe ses incurred in the interruption and resumption of the Design-Builder's Work. The Design-Builder's compensation for, and time to complete, the remaining Work shall be equitably adjusted. ?=- 9 P M a I ISO IN131-4 to 162 11 ILI [go i a R VAVI v tie I MINE it Mis sug 11 a WA-40 is ggi 05 VEMN31 i Rol PIT-171 Mi RVA� I I ig- i i a 13.1.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other [�arty fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 13.2.1.2 The Design-Builder may terminate the Contract if, through no act or fault of the Design-Builder, the Architect, Engineer, a Consultant, a Contractor, or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design-Builder, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 13.2.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. K DOI u." lite 11 of_t2 giggAng I filwAxTU-34 I (Walwa I Otto 1i toil 1� AIA Document A141' - 2014. Copyright 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'Arnencan Init. the MA Logo, and AIA Cantraqt, C'emenents" are re,&Mq,ea trademmiez and rnay not be ust,.,ol without perrnftskM This document was produced by AIA software 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used I at 29 n accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copy(ight@aia.org. User Notes: (1415800915) .3 fails to make payment to the Architect, Engineer, Consultants, or Contractors for services, materials or labor in accordance with their respective agreements with the Design-Builder; .4 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .5 is otherwise guilty of substantial breach of a provision of the Design-Build Documents. 11�_, UMP rd 16MR-11 lim a MAZI1111111MI a RIVER" POR 11 gig IM Mort P1 of NJ I IMIJIM M I IUMMM 13.2.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurreil by the Owner and not expressly waived, such excess shall be paid to the Design-Builder. If such costs and damages exceed the unpaid balance, the Design-Builder shall pay the difference to the Owner. The obligation for such 1►ayments shall survive termination of the Contract. the basis of emergency, and other applicable exemptions pursuant to controlling procurement law. In the event of a claim by Owner for completion costs following termination by the Owner or abandonment by the Contractor, the exercise of Owner's rights under this section shall not be grounds for challenging the reasonableness of the costs incurred or the Owner's damages. § 13.2.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 13.2.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Design-Builder is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 13.2.4 Termination by the Owner for Convenience § 13.2.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. Upon receipt • written notice from the Owner of such termination for the Owner's convenience, the Design-Builder shall .1 cease ooerations as directed by the Owner in the notice and, if required by Owner, Particivate in PK , 3 AIA Document A1411- - 2014. Copyright@ 2004 and 2014 by The American Institute of Architects. All rights reserved. The'American Institute, cK ArchfteMMio" 'Al& Init. the AIA L!�go, and "MA Cunt act Documents" aria, ragisli,'wed tredemarks wsd rTwy not be used without pennission, This document was produced by AIA' software at qn 10:15.22 ET on 05/0612021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) profit on the Work not executed. ARTICLE 14 CLAIMS AND D TE RESOUT1011 § 14.1 Claims 4 14.1.1 Definition. A Claim is a demand or assertion bv one of the arties seekin as a matter o r1i t, i ment of accordance with the requirements of the binding dispute resolution method selected in Section 1.3, within the time the Work. The Owner and Design-Builder waive all claims and causes of action not commenced in accordance with this Section Notice of Claims to the claim or concurrent to the time the claimant recognizes the condition giving rise to the claim. Failure to provi& e to nrovide no6i rewired 6 the Contract Documents and this Section 14.1.3.1 within nine4 fjQ) da s Will 6111 U1 LIM OUQUI-011LAZ V1 CIVUL 11br L'S L11C LaU1111 Nfldli ui I T-TricApressMiTc7unis any adjustment to the Contract Time, Contract Sum, or other damages and accommodations. 14.1.1.2 Waims Arising er Final P ment. After Final P ment Claims by either the Owner or Desi n-Builder tha) other party. jililliji iiijigi to jal-I j J-111ij jj jj, 1gra-.11 JTF ge 6.44 S ki 141-WA161"11 _16111 "19 11 U-i 16 1 LIM MIMM.2 OU tokV to UP 8 #t7.j 97-111 Wj I N; #K=1j LIMI nalvigi r-A ej leg-l"digif toxwtgoill U&I I go 11AJ V I utj Iasi 0 11 RAMAMIJ 1514 1 AIA Document A141- — 2014. Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved. The "Arnwicwi lnsfituteofArchit cts,' 'AIA, [nit. Om AIA Logo, and "AIA Con .t Do urn ent. 'are registered tradernarks and rray not be used without permissiv�, This clocumentwas produced byAlA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08115/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) .2 damages incurred y e Design-Bui er or princip o ice expenses inc u ing e compensat personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. accordance with Article 13. Nothing contained in this Section 14.1.7 shall be deemed to preclude an award of liquidated damages, when applicable. 14.2 Iliediation 14.2.1 Claims, di s utes or other matters in controvers ar s ni out of or related to the Contract. exceDt those waived r; i i E6.1okwally I N2101 M-111 L-7dullill LOIN 111-3 K7,J 11MIN I 1 0 Ito I 110ill EUPiximl-iflogR111111 11111��I�11111 1111�1 jqipiIIII !1 11111111 !1 11 (Paragraphs deleted) 14.2.3The arties shall share the mediator's fee and al I V filill lo, flees eliluall The mediation shall be held in the lace po@@@ W, 1W l►1v7W Jl1lN% W, (Paragraphs deleted) ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 Goveming Law "IF jju (Paragraphs deleted) § 15.2 Venue This Agreement is entered into and performed in Guadalupe County, Texas, and the Design-Builder and the Owner agree that mandatory venue for any legal action related to this contract shall be in the District Courts of Guadalupe County, Texas. § 15.3 Successors and Assigns jj.J.j Th I I -. -j ij 1j., e es theiruartneri, succemoa, isigns and le I iheml A to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all § 15.5 Rights and Remedies § 15.5.1 Duties and obligations imposed by the Design-Build Documents, and rights and remedies available thereunder- shall be in addition to and not a limitation of duties- obligations- ji ights and remedies otherwise imposed or available by law. AIA Do urnerl - 2014. Copyright@2004 and 2014 by The American Institute of Architects. All rights reserved. The"Amedcan In tit! of Alrhitects,"AIA, Init. I ego, and "AIA Contract Dll,,,rcumerits' are registered tradlemarks and may nn� be 4med withmd owmission, This document was produced by AIA software the A!Ac at 32 10:15:22 ET on 05106/2021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) r them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. (Paragraphs deleted) § 15.6 Tests and Inspections § 15.6.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, • with the appropriate public authoribi� and shall bear all related costs of tests vections and a3�Frovals. The Msign-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. (Paragraphs deleted) § 15.6.2 If the Owner determines that portions ♦ the Work require additional testing, inspection or approval not 1jilij -(, 151ll, jjj. W gi ill injtru,�t 6he DesiW-Builder to make arramements for such additional ilider Sectio the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner's expense. § 15.6.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder's expense. [Pocuments, be secured by the Design-Builder and promptly delivered to the Owner. V 15.6.5 If the Owner is to observe test insMcti or aMrovals resuired b-vj the Desian-Build Documents the Owner will do so promptly and, where practicable, at the normal place of testing. S 15.6.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work. i 1,14P. MMINIMah, 11M, "0111MM 1110,111- 15.7 Confidential Information i 1' 1r_2MVjfr.auC.1LfR#h-,-t Q ♦ Al M==, MM471 transmit the Confidential information. it a party receives Uonlidential Intormation, the receiving party snall Keep tne Confidential Information strictly confidential and shall not disclose it to any other person or entity except as set forth i-f Sectio-t. § 15.8 Capitalization Terms capitalized in the Contract include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. AIA Document A141' - 2014. CopyrightQ 2004 and 2014 by The American Institute of Architects. All rights reserved. The "Asnerku'an 1nsfitute ofArchftects," Init. A,AL..., an AIA Contr,act DocumvRs" are registereA trademarks and rymy not be km4advviffmut pemdssion. This document was produced by AIA software at qj 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 0811512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) § 15.9 Interpretation meanings. Exhibit C — Reports from Tom Green & Company Engineers, Inc., dated August 6, 2019 and August 7, 2020 OWNER (Signature) DESIGN-BUILDER (Signature) (Printed name and title) AIA Document A141' - 201 a Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The "Arinf,,6can institute cA Archjtf,',,Ct8,' "AIA, InIt. the AIA 'ago, and '/',!A CWra(',,,,t Docurnents" are reg steroid krad�,'.,maris aridrnay rxA, be used wRhoul, perinission, This document was produced by AIA software at 34 10:15.22 ET on 05106/2021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1416800915) AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part AIA software at 10:15:22 ET on 05/06/2021. Lai 131 Gattuso Road New Braunfels. Texas 78132 800 Communi!j Circle Drive 5chertz, Texas 78154 PAGE 2 Egplacernent of the exis�ffikg .14VAC system, duct work, and controls as reguiELd to produce the City r stated in Section 1.1.2., PAGE 3 :d Ajj�ust 6. 2019 4nd-August 7. 202(Lare attached hereto as Exhibit Q The Owner's budget is as follows: Base Budget: Five Hundred_Nine LlEighly-Eight Dollars apd Add Altemates, onli if selected bV the City Additions and Deletions Report for AIA Document A1141- - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 1 document was produced by AIA software at 10:15:22 ET on 05/0612021 under Order No.4397921665 which expires on 08115/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail User Notes: (1415800915) MMMM See Exhibit A AGE 4 ants kn_gineers, Consult and Con actors a�Qe sign-Builder's ee&ti 66W immie, kW4 6,AWw&, addpegs and ether 4ti4er*taden.) Schertz Texas 78154 [111111MUMri i. . - - 1111100 . I *M • * . . Own RON "I 11.1WAIM shall not be gn_reasonablv withheld., PAGE 5 WITAgrom,"IMIM Additions and Deletions Report for AIA Document A141- - 2014. Copyright@ 2004 and 2014 by The American Institute of Architects. All rights reserved. T'he "Arne ca k*t"iftuft of Architects, WA, the AIA Logo, wnd WA Cordrack Dixument, are registened W,,Wemorks and rnay not be used with,,,nit perrmssk,,n. This documentwas produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) 131 .t I' Road New Braunfels, Texas 78132 210-310-6363 _j 1 01111- AM MW IMM rug= limitation, studies, surveys, models, sketches, drawings, specifications, digital models and other similar materials. PAGE 6 I oil' § 2.1.2 The hourly billing rates for services of the Design-Builder and the Design-Builder's Afehheet—,Engingn Consultants and Contractors, if any, are set forth below. PAGE 7 expenses, airectly rclateuTuTne frojeci, incuffeUb—y=e-We—sign--ouiiaeranaitic-piesign-jDj-iiteI Consultants, and Contractors, as follows: § 2.1.3.2 For Reimbursable Expenses, the compensation shall be the expenses the Design-Builder and the Design-Builder's Ar-ehiteet-JEngineer, Consultants and Contractors incurred, plus an administrative fee of zero percent ( Q--O/o) of the expenses incurred. § 2.1.4.1 Payments are due and payable upon presentation of the Design-Builder's iwveiee. Amounts UHPMJ—� days after the iffveiee date shall beai-7 ii#er-est a4 the rate eR4er-ed belew, er- in the absenee thereof at the legal ffi4e pr-e-vailing ffem time to time at !be pt4aeipal plaee of business efthe Design Builden fflfseft raiie efinfentho, er- twi"Hal if?Aer-est agreed upon.) Additions and Deletions Report for AIA Document A1411' ® 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. 1-5he the MA Logo� and "AlAContrm.1 Docurnenls'sri,. regisftNred tnadernafks wid nnay not be used Mthout penmission, This 3 document was produced by AIA software at 10:15:22 ET on 05/0612021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) Mal, Bi MA Wallin Jul it' 10(glI ntracts that mv be due bursuant to the schedule, of values. gg Atli maiwalig such request. DesigA-Builder.Mfill make available for Documents. pay to the Design-Builder the Contract Sum in current funds as agreed in the Design-Build Amendment. ,3yith respect to payments made pursuant to the Des Pp ign-Build Documents. PAGE 8 lz entities performing portions of the Work. 1111130111 , I MR 0 11 111 1 !11' 11 � 1 1 Ir kz�& 54-%n%E—_ —D-.6_aa BeiMer, d all gpplicable legal standards of cqpLqpplicable to design ),rofessionals. Additions and Deletions Report for AIA Document A141' - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'Arrwrk,ain I. sfilute a,Of flee MA Logo, and WA Contract Documents" as reosti'.-Ked trmje,,nad,(s and may mol, be used Mt o; permission This 4 document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) P.m wrq mer"Wa W-46-mmej agei L41 mi !I IRE I i I 141MMUMA1111111111 - - - 0 . I I # am. M fl-rl accepted for assignment; and V I E, X, 170MIMIN '. M ima VAM EIJI Ue igill allu conSLI-Lutill ril , LU S.1l UTUILU11.1l XEC I -lift MHU11 I is to be completed. .-VI ill MINIM ITT, "r-Irml-frilm, I by the Design-Builder, that are legally enacted when the Design-Build Amendment is executed, ether or not yet effective or merely scheduled to go into effect. PAGE 15 . . . . . . . . . . . Mal Pul iull UM a record of the Work as constructed. Additions and Deletions Report for AIA Document A141- - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'Arnedc,,nn inttiVAe. of Architnts, "AIA,' the A A Llago, and "M A Contract Docu rnenl.�' we,,, mqis'N,',,red treidema,,,'xs anti may not, be used without pera 5iss3on , This 6 document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires an 0811512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) I - - . air- I ] -- AM . - I -_ �'V' --- MWIMP5, - codes, rules and regulations, lawful orders of public authorities, and the Design-Build Documents, and shall not unreasonabby encumber the site with materials or equil2ment. The Design-Builder understands the animal kennilell an ii room. PAGE 16 4 6.1.4 No Work. or nortion of the Work, performed bv the Desi en- Builder in excess or deviation from the Contract Documents r written authorization as t)rovided in this Article. ;UtJ 41 other autho le adjustment of the Contract Time- PAGE 19 Additions and Deletions Report for AIA Document A141' - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'A.menkan Insfiful,'e of ArcMeem," "AIA, the AIA Lopo, arid WA Ccvn,'el. q ragi'Aered trademarks and nn any n ot be umed Mthout perrni m4an, This document was produced by AIA software at 10:15:22 ET on 05106/2021 under Order No.4397921665 which expires on 08115/2021, is not for resale, is licensed for 7 one-time use only, and may only be used in accordance with the AIA Contract Documents8 Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) TIT M 11% -7 requirements • the Design-Build Documents. The Owner shall not have control over or charge of, and will not be or employees, or any other persons or entities performing portions of the Work for the Design-Builder. time is of the essence of the Contract. Add f the ��ssence. By executing the Design-Build Amendment the Design-Builder confirms that the Contract Time is a reasonable period for performing the Work. ............ §8.2.4 The Desigg-Builder shall receive no financial compensation for delay or hindrance of the Work. In no event shall the Owner be liable to the Desian-Builder for any damages arising out of or associated with any delay or hindrance t e Desian-Builder's sole remedN,, for del or hindrance shall be an extension of time. OWN I'VIVIMP64111L (1) The weather e found to be ungsqa1al, cation during My-Lyiven month. The del must be beyond the control and without the fault of riggligence of the Desienjjuilder�. Additions and Deletions Report for AIA Document A141" - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The "Arne,rk',an ;nstft ute, rjf Archftecbs, "AIA ' the AIA Loqo, and 'AIA Ca ,Wna t Dlac'umenns` aRe regWun'ad In fide mare s and may i'mt be r med kvi#mul perrrqssiam This document was produced by AIA software at 10:15:22 ET on 05/0612021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) • •. iiii, •� : s' c� 9INUT r' +r1 LIAM Additions and Deletions Report for AIA Document A141' - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'Arnericz,an rmtiuka of Architects,` 'WX'the AIA Logo, and "AIA Corgract Documents" art,,, regiatered tradema,,,ks and rnay nc,,t be zmed wfthaW perrnissicm, This document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08115/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aie.org. User Notes: (1415800915) similar manner. nforrnation regarding bercentaaes of �qoMpletiotj or amounts qqplied for by the Desigh-Builder and action taken thereon bv the Owner on account of services or work for the Dem�­� '1011111111 11 111111 • i : a • • • • • t : : M5 1MICRIJI, t : a • LWAI a r • • a , • • • - 1111IMP. • r i a • r i • • I• r i i fi •? • •` ' i •. 1- / in Sections i l 9.7.4. Owner shall not . . . . r a. t a !•. Payments received by the Design-Builder for Design-Build Work properly performed r a, i ♦ a r t- :, a- '.: • i. , i- i `.. i i_ i t • i i '. i • ` i ` i f - 1 . i r •: • - a i • -.. t ` _ : i -:.. provision. However, i i r shalLqqm& with theprovisions of f Act. Chapter 162 of the Texas • Code. . ... - . - t_. ... r .. _ _:.. . ... ... Additions and Deletions Report for AIA Document A141" - z014. Copyright ® 2004 and 2014 by The American Institute of Architects. All rights reserved. The the IA € ogo, and aaIA Ct,ra.ract Dsw,..aa?,sa ni r gislme E kras5emr rks and may ncq be rmi,d w €tho t permission This 1 document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyrightaia.org. User Notes: (1415800915) claim in Accordance with Article 15 herein. and bonds rN9keft, the Design-Build Documents. product data, and maintenance ations manuals, (8) malycrs • jigl& dwas. no j11=515, ♦ gncumbrMce5, Uj5in� out • the Contract, to the extent and in such form 11111111111111111111111111111 11 6.9 rrected is less than M , Illit-al — excepl those previously made in writing and identified by the Design-Builder as unsettled at the time of final Mp lication for Pgyjnq� V-,Tqw. empleyees en the WeFk-&I persons at the site and other persons who may be affected *ePeby-,-by_fte Work • other Merations • the Design-Builder- M, iX Imm i AW WWI 1 0- 11161 "o-Wom q 4 a all I t # ------------- ------------ - -- - ------------- - - MM Additions and Deletions Report for AIA Document A141- - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'Arne6ca,n insfitufte of Arch4ec",,.,�," "Ahk, the AIA Logo, mid WA Contract Document,,,,1" ave registered trademarks and rnay not be u, >e pefzNssion. This document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 0811512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocurnentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) I -lux- lKWIMMIM Me I 1- 16 N .- lb-. .. . POPOPM 74 M: In I OWN . ............... . ...... M Iram WT ... .. -r.rr.v.r R ......... . . ... .............. mm -W.Vw. W. �.wewqmm -W.W—M.FMP ....... ............... rr-Tm IN-M ... MAIN- ......... . ........... 1 00- -lifflo-rrupr-T." 't Mlft rViOrry.r. wtw_- WIMMAIIN rvm_ -t.r.r Hm�rlr . .... ....... -. .rjmw .. . ....... I -lux- lKWIMMIM Me I 1- 16 N .- lb-. .. . POPOPM 74 M: I OWN I -lux- lKWIMMIM Me I 1- 16 N .2 An act of government, such as a declaration of national emergency that requires all Work to be stepped; .3 Beeause the Ownef has fiet issited a GeAifiea4e fer- Payment Eind has not nefified 4he Design Beildef ef the reason fer- withholding eei4ifieafien as pFevided in Seefien 9.5. 1, er beeause the Owner has net made payment en a Gei4ifieate fef- Pay,*ent within the fime swed in the Design Build Peeaffients; 0 .4- U__P_ GiAM-er- has failed to foomish te the Design Builder- premptly, upeit 4he Design Builder-'s request; re-asAMA-h-le evidenee as required by Seetion 7-.147-.��ed. rce o e ♦ a num er ♦ 1. ys sc '-/ U !'d or comp ion, or ♦ays in lamny ♦ - ay peno , w ic ever is less. .2 repeatedly refuses or fails to supply an Architect, Engineer, r enough properly skilled Consultants, Contractors, or workers or proper materials; .3 fails to make payment to the Architect, Engineer Consultants, or Contractors for services, materials labor in accordance with their respective agreements with the Design-Builder; I .2 Accept assignment of the Architect, Engineer. Consultant and Contractor agreements pursuant to Section 3.1.15; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upen wr*en r-eqwA ef the Design Builder-, the Owner- shall fitmish te the Design Builder- a Mailed aeeetm+inC9' ef the eests inett"ed by 4he waer- in finishing the Wer-k. MMMMETM 1111 11 11 WIN '=- • Two-marmy, Additions and Deletions Report for AIA Document A141- - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'Americas wmfflRAe of A 'chih,',=, "MA," the A�A,Wgc, and "AIA CcmWect DocurnenW are registenred traderrm6,,s wid mao not be used without peryn ssion, This document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for 20 one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.arg. User Notes: (1415800915) .... ........ M _Mvbr .. ..... _­ . ............... .2 repeatedly refuses or fails to supply an Architect, Engineer, r enough properly skilled Consultants, Contractors, or workers or proper materials; .3 fails to make payment to the Architect, Engineer Consultants, or Contractors for services, materials labor in accordance with their respective agreements with the Design-Builder; I .2 Accept assignment of the Architect, Engineer. Consultant and Contractor agreements pursuant to Section 3.1.15; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upen wr*en r-eqwA ef the Design Builder-, the Owner- shall fitmish te the Design Builder- a Mailed aeeetm+inC9' ef the eests inett"ed by 4he waer- in finishing the Wer-k. MMMMETM 1111 11 11 WIN '=- • Two-marmy, Additions and Deletions Report for AIA Document A141- - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The 'Americas wmfflRAe of A 'chih,',=, "MA," the A�A,Wgc, and "AIA CcmWect DocurnenW are registenred traderrm6,,s wid mao not be used without peryn ssion, This document was produced by AIA software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/1512021, is not for resale, is licensed for 20 one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.arg. User Notes: (1415800915) .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing Project agreements, including agreements with the Architect, Engineer, Consultants, Contractors, and purchase orders, and enter into no ftuther Project agreements and purchase orders. PAGE 31 Additions and Deletions Report for AIA Document A1141- - 2014. Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved. The 'Arnedcan InsOute of Archnectr, 'A!A,� the AIA Logo, and "MA C',ontr,,mt Docurnents are regiVafed lradema ks and nnay not used without permission, This 21 document was produced by AIA software at 10:15:22 ET on 05/0612021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one -time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) 0 LUJ Mt I m I ITT-4 piggpdent to filin �gsuit. NoM osy m wl_ MOM- Witemm - Additions and Deletions Report for AIA Document A141' - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. 'The 'Arneri,can hnsli'Me WA, the AIA Loz, oo and WA Contract Docurnents' we mgistered to -Wemarks wid may not be used without permlssk)r This 23 document was produced by AIA software at 10:15:22 ET on 05106/2021 under Order No.4397921665 which expires on 0811512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) L MIMM MT . .......... .. . ......... ........ . ...... . ..... It IM -12-113-19-1 FIRM . ..... . ..... ...... Z IN M 1111-111-106 ..... g�i Drocedures. Such costs. exce as 1r • o vided in Sectin 15.534 shall b e Q eat thwnqr:�j�- Rt 1. 12 In 9 IT ITZ-071 MW F. "M W. § 15.7 Confidential Information in Section 15.6. 1. I • - Information as set forth in this Contract, LIL8 Capitalization tute of Architects. Additions and Deletions Report for AIA Document A141' - 2014. Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved. The "Amerk'o,in, ;ms4JMe of A rchib., Oa,' WA, the A! A Logo, and 'AtA C<mtrac� Docunnerfls' a r egistered tradernark's wid m a y not b e t sed without 1permission, This 26 document was produced by AM software at 10:15:22 ET on 05/06/2021 under Order No.4397921665 which expires on 08/15/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) MOM. *94WOL. ;UM41 .3 ATA DeeumeW A! 4 41M 20 4-,-Exhibit B, Insurance and Bonds .4 AIA Document A4411M .5 A1ADeeumen1--E203Tm-20l3 Buildin,.41nforrnationModelin and Dilzital Data Exhibit, if QQmylgLed: • the following: 2020 Additions and Deletions Report for AIA Document A1411- - 2014. Copyright 0 2004 and 2014 by The American Institute of Architects. All rights reserved. The "Arnerk,' an ,nsblut4, of Arc Mecls, 'AIA," the AIA Logo an ,,"AIA Contract DocurnenU` ace, reVistcred Madernarks and may not be umed w4hout rmrrnissian, This 27 documentwas produced by AIA software at 10:15:22 ET on 0510612021 under Order No.4397921665 which expires on 08/15/2021, is notfor resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) AW Document D401 2003 P, I TIMMIM, final document simultaneously with its associated Adaitions and Deletions Report and this certification at 10: 15:22 LH T on 05/06/2021 under Order No. 4397921665 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AW Document A141Tm — 2014, StandardFormof Agreement Between Owner and Design-Builder, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. =1 .as:,,,,,,,,,,. -- ------ ___ --------------- - - - ----------------- - -------__- (Title) (Dated) ­ - - - - ------------------- AIA Document D401- - 2003. CopyrightQ 1992 and 2003 by The American Institute of Architects. All rights reserved. The 'Amedcan Insfitute of Ardmtects, WA, the AIA Logo, and WA Conftact Doctunenirs' are ri,,,gistemod tmdernate, rid irmy rvX be rsed wilhout pemfts ';on, This document was produced by AIA software at 10:15:22 ET on 05/0612021 under Order No.4397921665 which expires on 08/15/2021, is not for resale', is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1415800915) i frr 5/5/2021. Mr. Scott McClelland, PE City of Schertz 10 Commercial Place, Bldg. 2 Schertz, TX 78154 Re: City of Schertz Animal Center HVAC Installation Bid Number: # 4016 Dear Mr. McClelland, PE; We appreciate the opportunity to bid this Project. Our proposal is as follows: I. DOCUMENTS: • Drawings — TMech and M &S Design II. SCOPE OF WORK: Design Drawings MEP — Develop overall design of MEP system Mechanical Design • Analyze heating and cooling loads in accordance with local energy code • Specify packaged VAV and dedicated outside air HVAC equipment given heating and cooling loads, anticipated building occupancy /activity based on as -built conditions, and maintenance requirements • Calculate exhaust and ventilation requirements, to verify existing equipment and specify new equipment required • Design for new mechanical system. Provide a mechanical floor plan showing the locations of HVAC equipment, sized ductwork, condensate piping, and supply and return grilles • Select and specify HVAC controls • Complete code compliance documentation (COM Check) for mechanical systems Electrical Design • Analyze and compare the new air conditioning system with the existing electrical infrastructure. Engineer upgrades to the systems as required to accommodate the installation of the new air conditioning system • Provide one -line diagram and applicable panel schedules • Conduit (number and size), number of spares, and wireway size • Size secondary feeder cables • Provide electrical floor plans of power equipment connections Page 1 of 4 Lic # TACLA47709C and M40872 Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, 1- 800 - 803 -9202, 512 - 463 -6599 131 Gattuso Rd. New Braunfels, TX 78132 i frr Structural Design • No scope will be inside the existing building. We will not connect to the existing building nor impose additional oad on the existing building • Mechanical equipment platform at back of building • Provide the foundation and steel superstructure design for an awning • This addition will be structurally separate from the existing building • Base plates and anchorage • Connection between beam and column, welded only • Connection between purlin and columnibeam • W -shape columns, W -shape beams, 8" Cee or Zee purlins • Only designing framing • Foundation layout showing individual footers under each column • Show handrail around the edge with a single gate for maintenance access • Show location of access ladder and assist with the selection of a prefabricated ladder • Show loading criteria and construction notes on the plans 0 Subsurface Utility En2ineerinj! (SUE): • In support of the structural design the following services shall be included. SUE scope would be limited to the area of the mechanical equipment platform. • All work described herein is based strictly upon "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data (CI /ASCE 38 -02) ". • Sherwood Surveying & SUE shall apply SUE Quality Levels B, C, and D of the area that will have a new equipment platform installed as described in the structural section above to deliver an accurate depiction of as many of the existing underground utilities near the new equipment platform as can be designated within one day's field investigation. i. Utility quality level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. ii. Utility quality level C: Information obtained by surveying and plotting visible above - ground utility features and by using professional judgment in correlating this information to quality level D information. iii. Utility quality level D: Information derived from existing records or oral recollections. There are limitations for utilities such as water & sewer which consist of non - metallic pipe, and therefore might not be obtainable. For the sewer lines, we can use a steel fish tape to pick up where the line is going, but this will be limited to how far down the line we can get the tape. Thus, we cannot provide any guarantee for locating these utilities. Page 2 of 4 Lic # TACLA47709C and M40872 Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, 1- 800 - 803 -9202, 512 - 463 -6599 131 Gattuso Rd. New Braunfels, TX 78132 i i� General Construction • Furnish Structural Design Drawings for platform • Furnish dumpsters and temporary restrooms • Furnish labor and materials to install concrete footings /support • Furnish labor and materials to install galvanized structural steel platform for AC Units • Furnish and install metal exterior side panels to match existing roof • Furnish labor and materials to protect existing floors • Furnish labor to remove (as needed) ceiling grid and the • Furnish labor to reinstall existing ceiling grid and tile (if not damaged) • Furnish labor and materials to replace all damaged ceiling grid and tile • Furnish labor and materials to touch up walls that have been damage during construction • Furnish roof support for new duct work • Furnish labor and materials to dry in all roof penetrations HVAC Construction • Furnish labor to demo and remove all HVAC materials to from site • Furnish labor and materials to install the following equipment: • One (1) VAV Package Unit • One (1) DOAS • Fifteen (15) Air Terminal Units • ID Tags /Labels • Air Devices • Furnish labor and materials to install galvanized metal duct indoors • Furnish labor and materials to install double wall insulated duct outdoors • Furnish labor and materials to install flexible duct at supply air devices • Furnish labor and materials to install condensate piping • Furnish and install insulation for piping and duct as specified • Furnish DDC Controls by Trane • Furnish Certified Test and Balance • Furnish Start — up and Owner Training on all new equipment • Furnish as -built drawings and O &Ms Electrical Construction • Furnish and installation of new 225 Amp 42 circuit subpanel • Furnish and installation of thermostat drops • Furnish and installation of line voltage power to HVAC equipment • Furnish fire caulking MES penetrations • Furnish demolition of power to existing HVAC equipment being removed III. CLARIFICATIONS • All owner furniture, equipment, etc. shall be removed and reinstalled by others • We have not provided any temporary cooling and /or heating during construction • All animals shall be relocated except for animals in the outdoor kennels Page 3 of 4 Lic # TACLA47709C and M40872 Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, 1- 800 - 803 -9202, 512 - 463 -6599 131 Gattuso Rd. New Braunfels, TX 78132 i frr • Gas piping and gas heaters for kennels are not included in this proposal • Davis Bacon Wages are included • Payment and Performance Bond is included IV. EXCLUSIONS: • Any Temporary services • No hazardous materials testing, removal or abatement • Premium Time • Work in the Dog Kennel Areas • Landscaping • Sales Tax V. SUMMARY PRICING(Breakout pricing is for accounting purposes only): Total Price $ 596,188.00 Adder for Gas to Building (no utility fees, no meter) $ 19,1.50.00 Adder for Gas Furnace for AAON Unit $ 3.105.00 Heat in Kennels $ 16,350.00 We are basing our labor prices per the attached wage determination sheet. Team Mechanical's bid is submitted with it being an express condition precedent that the parties mutually negotiate and agree on contract terms prior to any obligation by Team Mechanical to perform, and General Contractor should not rely on this bid to the extent General Contractor is not willing or able to negotiate the terms of the agreement. If you should have any questions, please do not hesitate to give me a call. Sincerely, Team Mechanical of Texas, LLC. Managing Partner 210- 310 -6363 Page 4 of 4 Lic # TACLA47709C and M40872 Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, 1- 800 - 803 -9202, 512 - 463 -6599 131 Gattuso Rd. New Braunfels, TX 78132 Schertz Animal Center HVAC Replacement ID I (Task (Task Name (Duration IStart (Finish IPredecesslResource Names Project: Schertz Animal Center Split Inactive Task Date: Thu 5/6/21 Milestone Inactive Milestone Summary Inactive Summary Duration -only Manual Summary Rollup Start -only Finish - only External Tasks Manual Summary External Milestone Team Mechanical of TX Construction Schedule ;1> Deadline Progress Manual Progress Mode _____1___ 1 Bid Award 1 day Fri 5/28/21 Fri 5/28/21 2 Design Durations 40 days Tue 6/1/21 Mon 7/26/21 3 Permit 25 days Tue 7/27/21 Mon 8/30/21 2 4 Pre- Constuction - submittals 10 days Tue 8/31/21 Mon 9/13/21 3 ......... 5 Order Equipment (M &E) 45 days Mon 7/5/21 Fri 9/3/21 6 Order VAVs 25 days Tue 9/14/21 Mon 10/18/21 4 7 Order RTU 40 days Tue 9/14/21 Mon 11/8/21 4 8 Order DOAS 45 days Tue 9/14/21 Mon 11/15/21 ',4 9 Order Steel for Platform 25 days Tue 9/14/21 Mon 10/18/21',4 10- ° Owner Remove Furniture /Equip 5 days Mon 8/23/21 Fri 8/27/21 11 Mobilization 3 days Tue 8/31/21 Thu 9/2/21 3 12 Site Work - Structural Platform 33 days Thu 7/8/21 Mon 8/23/21 13 Asphalt Removal 2 days Tue 9/14/21 Wed 9/15/21 4 14 Excavate Foundation /Footings 5 days Thu 9/16/21 Wed 9/22/21 13 15 Rebar, Concrete S days Thu 9/23/21 Wed 9/29/21 14 16 Erect Steel 12 days Tue 10/19/21 Wed 11/3/21 9 17 HVAC 62 days Tue 8/31/21 Wed 11/24/21 18 Protect Flooring 2 days Tue 8/31/21 Wed 9/1/21 3 19 Demo Partial Ceilings 3 days Thu 9/2/21 Mon 9/6/21 18 20 Demo HVAC Duct and Equipment 4 days Tue 9/7/21 Fri 9/10/21 19 21o° OF. Set new VAVs 3 days Tue 10/19/21 Thu 10/21/21 6 22 Set HVAC Equipment 1 day Tue 11/9/21 Tue 11/9/21 7 23 a Rough In Duct 20 days Mon 10/11/21 ',Fri 11/5/21 24 Final Duct Connections (Outside) 5 days Thu 11/11/21 Wed 11/17/21 22 25 HVAC Trim Out 5 days Fri 11/12/21 Thu 11/18/21 '24 26 Test and Balance 3 days Fri 11/19/21 Tue 11/23/21 25 27 Electrical 39 days Mon 9/20/21 Thu 11/11/21 28 Rough In Conduit and Wire 15 days Mon 9/20/21 Fri 10/8/21 29 Installation of Electrical Panels 5 days Mon 10/11/21 ',Fri 10/15/21 28 30 Termination to Equipment 5 days Fri 11/5/21 Thu 11/11/21 '22 31 Final General Construction 30 days Thu 10/14/21 Wed 11/24/21', 32, ° Reinsall Ceiling Grid /Tile 5 days Thu 10/14/21 Wed 10/20/21 '23 33 Touch Up Paint 2 days Wed 10/20/21 'Thu 10/21/21 32 34 Final Punch List 5 days Fri 11/12/21 Thu 11/18/21 '24 35 Owner Final Acceptance 1 day Wed 11/24/21 !Wed 11/24/21 26 Task =s..,�r �s.,r �s..�r ..,'; Project Summary „ „ „ „ °” „ „ „ „. Manual Task:, Project: Schertz Animal Center Split Inactive Task Date: Thu 5/6/21 Milestone Inactive Milestone Summary Inactive Summary Duration -only Manual Summary Rollup Start -only Finish - only External Tasks Manual Summary External Milestone Team Mechanical of TX Construction Schedule ;1> Deadline Progress Manual Progress Project: Schertz Animal Center Date: Thu 5/6/21 Schertz Animal Center HVAC Replacement Task Project Summary .......................................... I Manual Task Start -only Deadline Split Inactive Task Duration-only "+ Finish -only Progress Milestone Inactive Milestone Manual Summary Rollup monswaxwmmmoommm External Tasks Manual Progress Summary Inactive Summary Manual Summary External Milestone° Team Mechanical of TX Construction Schedule 4 Schertz Animal Center HVAC Replacement Ha Task Project Summary P ............................................ Manual Task Start only Deadline Project: Sc hertz Animal Center Split Inactive Task Duration -only Finish only Progress Date: Thu 5/6/21 Milestone Inactive Milestone Manual Summary Rollup x=wmzzw=Lv=wz= External Tasks Manual Progress^ Summary Inactive Summary Manual Summary External Milestone Team Mechanical of TX Construction Schedule Schertz Animal Center HVAC Replacement Task Project Summary ` "` "` °" ` "` "` °` " "'" Manual Task t Start -only Deadline Project: Sc hertz Animal Center Split a Inactive Task Duration -only: . ` Finish -only Progress Date: Thu 5/6/21 Milestone Inactive Milestone Manual Summary Rollup mmumnawwoommmomm External Tasks Manual Progress Summary Inactive Summary it Manual Summary External Milestone Team Mechanical of TX Construction Schedule Exhibit B to Contract Agreement Owner's Insurance Requirements of Design- Builder 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 Amounts of coverage shall be no less than: ' Current ISO edition of CG 00 01 General Liability ■ Additional insured status shall be provided in (Occurrence - $1,000,000 Per Occurrence favor of Owner Parties on a combination of ISO Basis) ' $2,000,000 General Aggregate forms CG 20 10 04 13 and CG 20 37 04 13. ■ $2,000,000 Products /Completed ■ This coverage shall be endorsed to provide Operations Aggregate primary and non - contributing liability coverage. ■ $1,000,000 Personal and Advertising It is the intent of the parties to this Agreement Injury that all insurance coverage required herein shall ■ Designated Construction Project(s) be primary to and will not seek contribution General Aggregate Limit 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: o Contractual Liability Limitation CG 2139 o 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 Workers' Compensation and Employer's Liability Excess Liability (Occurrence Basis) Professional Liability Amount of coverage shall be no less than: ■ $1,000,000 Per Accident Amounts of coverage shall be no less than: ■ Statutory Limits ■ $1,000,000 Each Accident and Disease ■ Alternate Employer endorsement ■ USL &H must be provided where such exposure exists. Amounts of coverage shall be no less than: • $5,000,000 Each Occurrence • $5,000,000 Annual Aggregate Amounts of coverage shall be no less than: ■ $1,000,000 Each Occurrence ■ $2,000,000 Annual Aggregate ■ If a combined Contractor's Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Loss and Aggregate. ■ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. • Current ISO edition of CA 00 01 • Arising out of any auto (Symbol 1), including owned, hired and non -owned • The State in which work is to be performed must listed under Item 3.A. on the Information Page • Such insurance shall cover liability arising out of the Contractor's employment of workers and anyone for whom the Contractor may be liable for workers' 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. • Such insurance shall be excess over and be no less broad than all coverages described above. • Drop -down coverage shall be provided for reduction and /or exhaustion of underlying aggregate limits and shall include a duty to defend any insured. • Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. • This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: • bodily injury or property damage where coverage is provided in behalf of design professionals or designibuild contractors • habitational or residential operations • mold and /or microbial matter and/or fungus and/or biological substance • punitive, exemplary or multiplied damages. • Any retroactive date must be effective prior to beginning of services for the Owner. 2 Insurance Rider Exhibit B Contractors Pollution Liability ■ Policies written on a Claims -Made basis shall be maintained for at least two years beyond termination of the Agreement. Amounts of coverage shall be no less than: ■ $1,000,000 Each Loss ■ $2,000,000 Annual Aggregate ■ If a combined Contractor's Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Loss and Aggregate. ■ The policy must provide coverage for: • the full scope of the named insured's operations (on -going and completed) as described within the scope of work for this Agreement • loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall • third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages • contractual liability • claims arising from non -owned disposal sites utilized in the performance of this Agreement. Policies written on a Claims -Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Vendor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However, exclusion for claims made between insured within the same economic family are acceptable. • impaired property that has not been physically injured • materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. • property damage to the work performed by the contractor • faulty workmanship as it relates to clean up costs • punitive, exemplary or multiplied damages • work performed by subcontractors If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. The policy will offer an extended discovery or extended reporting clause of at least three (3) years. Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence -based Contractors 3 Insurance Rider Exhibit B Insurance Rider Exhibit B Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ' Coverage shall be provided in an amount ■ Insureds shall include Owner, General equal at all times to the full contract value, Contractor, all Loss Payees and Mortgagees, including change orders, and cost of debris and subcontractors of all tiers in the Work as removal for any single occurrence. Insureds. • Coverage shall be at least as broad as an ■ Such insurance shall cover: unmodified ISO Special form, shall be o all structure(s) under construction, provided on a completed -value basis, and including retaining walls, paved surfaces shall be primary to any other insurance and roadways, bridges, glass, coverage available to the named insured foundation(s), footings, underground parties, with that other insurance being pipes and wiring, excavations, grading, excess, secondary and non - contributing. backfilling or filling; • The policy must provide coverage for: all temporary structures (e.g., fencing, Insurance Rider Exhibit B • Agreed Value • Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law • Pollutant clean -up and removal • Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm, Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; • all property including materials and supplies on site for installation; • all property including materials and supplies at other locations but intended for use at the site; • all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest o£ • the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; • occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds. 2. General Insurance Requirements A. Definitions. For purposes of this Agreement: i. "ISO" means Insurance Services Office. ii. "Contractor" shall include the Builder and its subcontractors of any tier. iii. "Owner Parties" means (a) City of Schertz, Texas (collectively referred to as "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 Contract Documents. 5 Insurance Rider Exhibit B B. Policies. i. Contractor shall maintain such 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 maintain such General Liability insurance in identical coverage, form and amount, including required endorsements, for at least ten (10) 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. 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 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 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 A 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 in this Exhibit A 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; 6 Insurance Rider Exhibit B 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 in favor of Owner Parties; f. 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 Forms 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 indemnity 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. 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 A is an independent contract provision and shall survive the termination or expiration of the Contract 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 7 Insurance Rider Exhibit B 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 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 or uninsured portion thereof, maintained or required to be maintained by the Contractor 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. Insurance Rider Exhibit B Tom Green & Company Engineers, I c. � � » ■ mrI 1<y � \ IM L k Me 96-161 ::1:#A, . . . ■$• @ - + /`*. August R 2049 \ /K © C \ ƒm! w 0166 \^ f ^ \. vi «bN^ HVAC Findings & Recommendations Presented to: Jeff Chapman The Chapman Firm PLLC 3410 Far West Blvd, Suite 210 Austin, Texas 78731 Prepared by: Tom Green & Company Engineers, Inc. 3701 Executive Ctr. Drive Suite 258, Austin, Texas 78731 Texas Firm Registration 2929 tgce.com PRELIMINARY THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW. IT IS NOT TO BE USED FOR CONSTRUCTION OR BIDDING PURPOSES. MEILANI B. LEOS 120259 DATE RELEASED 8/06/19 August 6, 2019 Tom Green & Company Engineers, Inc~ TABLE OF CONTENTS EXECUTIVE SUMMARY .............................................................................................................. 1 1.0 BACKGROUND, OBJECTIVES, AND METHODS ............................................................ 2 2.0 REPORT FORMAT ........................................................................................................... 3 3.0 HVAC SYSTEM ASSESSMENT ....................................................................................... 3 3] Existing System Description .................................................................................. 3 3.2 Review nfO8FCn Comprehensive Repair Plan ...................................................... 4 3.3 Variable Refrigerant Flow System Observations ................................................... G 3/4 Building Pressurization Observations .................................................................. 1O 4.0 RECOMMENDED IMPROVEMENTS/CORRECTIONS .................................................. 14 4] Baseline Premise ................................................................................................ 14 4.2 Building Recommissioning .................................................................................. 14 4.3 Building Pressurization, Cooling, & Dehumidification .......................................... 14 City nfSohertr Animal Adoption Center HVAC Findings & Recommendations Tom Green Engineers, EXECUTIVE At the request of The Chapman Firm PLLC, Tom Green & Company Engineers, Inc. (TGCE) has investigated and prepared this report of the heating, ventilation, and air conditioning (HVAC) systems for the original construction, and for subsequent audits and repair plans of the City of Schertz Animal Adoption Center. Reported herein are TGCE's findings and opinions regarding the systems and conditions being experienced at the building. The building consists of roughly 6,000 square feet of conditioned /occupied space served by 13 direct expansion (DX) variable refrigerant flow (VRF) heat pump indoor fan coil units manufactured by LG. There are two outdoor condensing units with a total capacity of 16 tons. All of the ducted units are installed in an attic /mezzanine area. Outside air (OA) is ducted from a roof mounted intake hood directly to each cassette or to the return air (RA) duct of the ducted units. Manual volume balancing dampers are provided at each OA and RA duct. In addition to the conditioned space, approximately 6,000 square feet of kennel space is adjacent to the conditioned portions of the building. Two main issues are present in the building: inadequate temperature /humidity control; and insufficient overall and zone -to -zone building pressurization. It is of this Engineer's opinion that the root cause of this building's issues is attributed to both design and construction. Controls sequences were not available for review. However, project correspondence implies that the building was designed to be constant air volume with temperature control achieved by variable refrigerant volume cooling coils. This design approach is capable of maintaining proper building pressurization; however, the design would not properly condition the ventilation air, predictably resulting in building humidity issues. As constructed, the building operates with variable air volume (VAV) for both the supply and outside air. This operation approach results in improper building pressurization and insufficient humidity control of the infiltration air introduced. Further, the LG control system is somewhat of a "black box ". Programmed control sequences were not apparent during TGCE's site observations and setpoints were not clear. In addition to implementing /correcting some of the issues noted in DBR's Comprehensive Repair Plan, a full recommissioning and rebalance of the building is the first step recommended to improve building HVAC operation with confidence. After the recommissioning effort, if the systems in large part are found to be suitable for continued use, a further recommended approach to control building pressurization, temperature, and humidity is to provide a pretreatment dedicated VRF outside air unit (DOAU). Providing a DX DOAU and dedicated condensing unit will allow humidity control of the OA and allow the humidity control in the spaces in the building to be decoupled from the existing VRF units, while maintaining constant air volume in the OA system. Alternatively, if the recommissioning effort reveals additional operational problems not yet discovered during this study, a potential full system redesign and replacement may be warranted. The potential for this more extensive replacement can be further evaluated after the initial recommissioning effort. City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 1 Tom Green & Company Engineers, Inc~ 1~0 BACKGROUND, OBJECTIVES, AND METHODS At the request of The Chapman Firm PLLC, Tom Green & Company Engineers, Inc. (TGCE) has investigated and prepared this report of the heating, ventilation, and air conditioning (HVAC) systems for the original construction, and for subsequent audits and repair plans of the City of 8chertz Animal Adoption Center. Available information suggests that the project vvaaoomp|eted in2014in one phase. Reported herein are lGCE'a findings and opinions regarding the systems and conditions being experienced at the building. This report does not address Electrical or Plumbing related vvorh. as those disciplines were not within the scope of the investigation, except where they are directly coupled to HVAC items. TGCE's overall role to date has been to review the design documents, constructed conditions, TAB (Test, Adjust, B@|8nQe) reports, and occupancy conditions, SO that design, COnSLRJCUOn, and potential operational oonoenna, if any, might be identified. The process to date has also included review of a Comprehensive Repair Plan provided by the design and construction team. Mechanical drawings and select construction documentation (corneepondenoe. TAB reports) were provided to TGCE. Architectural drawings, H|8CthC2| dr8vvn0S, project Sp8cifiC8UOnS. and submittals were not available for review. Because it is logical to place some reasonable bounds on the scope and methods ofreview, TGCE has not attempted a detailed examination of all the documents provided to it, Likewise, it has not attempted review of all possible engineering items that might be considenad, oa|cu|oted, designed, or constructed in the course of such o project, Aoourding|y, a complete critique of all deeign, construction, and occupancy elements has not been attempted, though certainly some critique is inevitable in the course of the reviews performed. It should also be understood that the focus of this review has primarily been on design issues and the proposed corrective actions provided in the Comprehensive Repair Plan. Typically the root cause of issues being experienced in buildings could be attributed to design, construction, or facility operation/maintenance. In the absence of having received any maintenance logs or protocol, it is of this Engineer's opinion through document review and site observations that the nOOt C@US6 of this building's t8nopGn8tUr8' hUrnidih/' and pressurization iSSU8S is attributed LO both design and construction, rather than operation/maintenance (or lack thereof). Systems of this kind, however, dO warrant maintenance and troubleshooting tOb8 performed by skilled technician familiar with not only variable refrigerant flow (VRF) systems in gSn8r8|, but this specific brand of system /LG\. Ae with any such work in progress, the author reserves the right to modify this report to respond to new or changing information. City nfSohertz Animal Adoption Center /fVAC Findings & Recommendations Page 12 Tom Green Engineers, 2.0 REPORT FORMAT In a review such as this one, it is reasonable that the results be presented as clearly yet as succinctly as possible. In an attempt to accomplish this objective, a list of identified items which most merit attention is presented in addition to the action items listed in the Engineer of Record's Comprehensive Repair Plan. Each item is discussed as extensively or as briefly as is deemed appropriate. The discussion emphasis is in the facts as observed by TGCE, the understandings reported to TGCE, and their resulting significance. Where professional opinions are offered, they are identified as such. 3.0 HVAC SYSTEM ASSESSMENT 3.1 Existing System Description A. The City of Schertz Animal Adoption Center is a single story, roughly 12,000 square foot building. The building consists of roughly 6,000 square feet of conditioned /occupied space and roughly 6,000 square feet of unconditioned kennel areas and outdoor storage. The conditioned spaces are served by 13 variable refrigerant flow (VRF) heat pump indoor fan coil units (marked "DS -XV) manufactured by LG. There are two outdoor condensing units with a total capacity of 16 tons. Eight of the indoor units are ducted fan coil units and five of the indoor units are ceiling cassette type units. All of the ducted units are installed in an attic /mezzanine area. Outside air (OA) is ducted from a roof mounted intake hood directly to each cassette or to the return air (RA) duct of the ducted units. Manual volume balancing dampers are provided at each OA and RA duct. Refer to Table 1 below for a summary of each indoor unit. Table 1: VRF Unit Summary City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 3 Tom Green Engineers, Note 1: Design supply airflow indicated is the sum of room supply airflows from duct plans. In some cases the sum of room supply did not equal the scheduled supply airflow value for the respective unit. Note 2: Design outside airflow indicated is the scheduled value for each unit. 3.2 Review of DBR's Comprehensive Repair Plan A. On March 26, 2018, DBR, Inc. (the Engineer Firm of Record) provided a Comprehensive Repair Plan at the direction of the Owner. DBR's proposed action items are presented below, followed by TGCE's comments. DBR Recommendation: The existing DS -02, DS -03, DS -09, and DS -10 are delivering significantly less airflow than intended per design. These four units will be removed and replaced with three new stand -alone DX split systems. DS -02 and DS -03 will be replaced with one DX split system. DS -09 and DS -10 will each be replaced with a single split system. Each of these three new split systems will have stand -alone programmable thermostats for ease of operation. Replace DS -02, DS -03, DS -09, and DS -10 with standalone DX split systems. TGCE Comment: Special consideration should be given to duct design of inlet conditions to eliminate any system effect (i.e., inordinately high pressure drop) issues that may be causing reduced fan flow. See discussion 3.3.0 below. Additionally, replacement of said units would only address the issue of low airflow /not meeting City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 14 Tom Green Engineers, temperature setpoint. If the new split systems continue to operate in a constant volume manner, a continued lack of humidity control due to the high quantity of untreated OA supplied by these zones will result. Not addressed in the comprehensive repair plan is the replacement of DS -04 which was also underperforming per the original TAB report (see discussion 3.3.A below). 2. DBR Recommendation: Proposed throw pattern adjustments to various supply diffusers (refer to Appendix A for full Repair Plan). TGCE Comment: Engineer sees no harm in retrofitting throw pattern of supply air diffusers to avoid any possible short cycling. Minor thermal comfort improvement may result from the proposed alterations. 3. DBR Recommendation: Return air grilles will be added in the lobby clerestory space to reduce sensible heat gain in the lobby. TGCE Comment: It is this Engineer's opinion that retaining a condition of thermal stratification of the clerestory area alone would not result in substantial heat gain in the occupied zone. Returning this warm, stratified air would result in additional load on the VRF fan coils which may not have been accounted for in the original design. Recommend re- evaluating loads before making proposed change. 4. DBR Recommendation: The copy machine was not anticipated to be located in its current position in the Administration area. The current location of the thermostat may result in a false demand for cooling, resulting in over - cooling of the space. Because over - cooling of this space has not been a complaint, we believe that the thermostat may remain in this location TGCE Comment: Do not disagree. 5. DBR Recommendation: The existing outside air intake hood on the roof will be removed and a new make -up air fan will be installed in its place. Upon completion of the installation of this fan and the new DX split systems, the outside air flow rate to all fan coil units will be re- balanced. TGCE Comment: Two points are relevant to this recommendation. With respect to the outside air for the existing system: Correspondence indicates that initial TAB was performed with a single unit operating at a time, and therefore recorded OA airflows are likely not reliable even at full cooling operation. Furthermore, the installed VAV operation reduces the outdoor air as indoor units' fan speeds decrease, thereby creating greater pressurization issues. Also see the discussions in 3.2.A.6 and 3.3.A below regarding observed OA damper positions. The TAB part of the recommissioning process can quantify OA in current operation. 2. With respect to the proposed OA fan addition: A fan alone may adequately address pressurization issues but will not address the temperature and humidity issues without proper conditioning of the large quantities of OA. A pretreatment dedicated outdoor air unit (DOAU) is needed in lieu of an OA fan in order to properly address the building humidity issues. See further discussion in 4.0 Recommended Improvements /Corrections below. City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 5 Tom Green Engineers, 6. DBR Recommendation: Per LG's request (VRF manufacturer), the airflow of the problematic fan coil units was tested on March 15, 2018. The results are tabulated in this report. The testing indicated that there has been virtually no change to the airflow from these units since the previous testing in November, 2017. Any adjustments made by LG representatives in January of 2018 did not change the airflow. TGCE Comment: Report indicates that the fan coil units continue to operate in a variable volume mode while constant volume was intended by design. Operating the fan coil units in a variable volume manner as currently constructed results in variable volume OA, negative building pressurization, and building infiltration. Refer to 3.4A for further discussion on Building Pressurization and why variable volume OA operation is problematic. 7. DBR Recommendation: The refrigerant piping at the connection to the coil of DS -09 is currently not insulated. This unit will be removed and replaced with a new split system. TGCE Comment: Any missing or damaged piping insulation should be addressed as required. 8. DBR Recommendation: The control wiring is currently spliced at units DS -09 and DS- 10. These units will both be removed and replaced with new split systems. The new DX split systems will have stand -alone programmable thermostats. TGCE Comment: Refer to TGCE Comment on 3.2.A.1 above. 9. DBR Recommendation: Gaskets will be added to the return air filter access panels at all the remaining ducted fan coil units in the mezzanine space (DS -04, 05, 07, 08). TGCE Comment: Concur, though gaskets alone will not close the large air bypass gaps between the filters and the units casing. Additionally, TGCE recommends bypass safing plates and thorough cleaning of coils (due to delayed filter maintenance and significant air bypass and coil fouling likely to have occurred). Not addressed in the DBR recommendation is the likely high static pressure loss associated with the size and location of the installed filters. See further discussion in 3.3.C.5 below. 10. DBR Recommendation: One training session of up to 4 hours will be provided for City of Schertz staff. The training will include hands on demonstrations of the operation and maintenance procedures for the LG VRF system and the new DX split systems. Documentation will be provided for future reference. TGCE Comment: Concur. 3.3 Variable Refrigerant Flow System Observations The building HVAC system primarily consists of Variable Refrigerant Flow (VRF) air handling units (a combination of ducted indoor units and cassette type units). A. Cooling & Dehumidification: Leaving Air Temperatures: Initial unit test data (conducted on February 4, 2014) included in the original TAB report (dated May 19, 2014) indicated potential cooling /dehumidification problems with DS -02, 03, 04, and 09. With the outdoor ambient temperature at 63 °F, the DS units were recording leaving air temperatures City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 6 Tom Green Engineers, ranging from 58 °F to 63T. Although design leaving air temperatures were not included in the equipment schedules, it is this Engineer's experience that a maximum leaving air temperature of 55T would be desirable to maintain relative humidity below the normally accepted industry threshold of 60 %. However, with unprocessed outside air being brought into these units, based on typical psychrometrics, a design leaving air temperature of 50 -52T would be a more appropriate target for proper dehumidification control. 2. Latent Capacity: VRF systems were selected by the Engineer of Record using ASHRAE 0.4% cooling condition (99 °F DB /75 °F WB) for the outside air. It is this Engineer's experience that although the sensible (space temperature) cooling peak will be driven by this condition, the latent (space humidity) cooling peak occurs at the ASHRAE 0.4% dehumidification condition (80.2 °F DB /77 °F WB) which results in a roughly 10% higher total cooling load on the system due to the increased dehumidification required. This difference is especially important in systems (such as this one) with high percentages of outdoor airflow. 3. Capacity & Diversity: Additionally, the total scheduled cooling load by design was 18 tons, while the total scheduled (and installed) outdoor units' capacity is 16 tons. It is not uncommon in a VAV system to design around some peak diversity, though given this building's size and that it was designed to operate in a constant air volume condition, a 12% diversity may be overly generous. 4. Site Observations: TGCE did not observe high room temperatures on site due to spot coolers being used throughout the occupied spaces. TGCE did observe, however, elevated levels of relative humidity ( >60% RH), indicating the VRF system was not properly dehumidifying the building. TGCE also observed all OA dampers to be in the full closed position. With building exhaust running 23 hours per day, outside air finds its way into the building as infiltration through cracks around doors, windows, etc. This condition not only results in difficult control of building humidity, but also could lead to dirt /dust infiltration and moisture /condensation within exterior walls. B. Airflow Controls: Intended Sequences of Operation are Uncertain: Intended controls sequence of operations were not found in the documents provided to TGCE. Engineer of Record's correspondence indicates that a constant air volume (CAV) airflow system was intended for both the VRF units and the building exhaust fans, though the VRF units have been and continue to operate in a variable speed manner. TGCE on -site observations indicate the installed condition is consistent with the intended exhaust constant volume operation (exhaust fans are controlled by a programmable time clock and have no installed means of variable air volume operation). See further discussion of this subject in 3.4 Building Pressure Observations below. 2. Constant Volume without Pre - conditioning of Outdoor Air: With a constant air volume system, temperature control must be handled by the unit leaving air temperatures (in lieu of reducing airflow) or subcooling of zones would occur. No reheat capability was observed in this system design, indicating that the method for controlling leaving air temperatures would be to reduce the cooling capacity of the units (by reducing refrigerant flow). This control method would be appropriate if the OA were being acceptably preconditioned. However in the absence of any OA preconditioning, reduced cooling at the VRF units results in the inability to control building relative City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 7 Tom Green Engineers, humidity. The predictable result would be high humidity and temperature issues in the cooling season, consistent with what is occurring in the building. 3. Intended Airflows are Uncertain: Several of the scheduled airflow values were not consistent with the sum of the airflows indicated on the ductwork plans. It is unclear if the Engineer approved of the TAB contractor's airflow setpoints in cases where inconsistencies were present. C. Duct Design & Construction: 1. Unit Inlet Conditions: Highly undesirable inlet conditions were observed at all of the ducted VRF units that may contribute to increased system effect and result in reduced airflow capability for the supply fans. The installation of ductwork is consistent with the original design documents. Refer to Figure 1 below. 2. OA Duct Design: Additionally, high static pressure loss conditions were observed with the ducted OA which may contribute to the reduced OA experienced by TAB. Per the original design documents, many of the OA branch ducts were sized with higher than desirable static pressure losses, especially for the equipment and systems used in the project. Standard engineering practice is to size low pressure ductwork not to exceed a pressure loss of 0.08 inches of water column ( ")/100 ft of duct (and often a lower value for return and outdoor air ducts). It is especially important for OA ducts to have low pressure drops when the OA system is absent of a dedicated fan and relies on induction, such as this system. OA ducts serving DS -03 and DS -04 have a pressure drop of 0.17"/100 ft (twice the standard loss). OA ducts serving DS -08 and DS -09 also have higher than desirable pressure drops at 0.13"/100 ft. City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 18 Tom Green Engineers, Figure 1: High Loss Elbow into Fan Inlet 3. Duct Liner: Return and supply ducts were not externally wrapped with insulation and site investigation indicated that the thermal insulation is achieved through lined ductwork. Lined ductwork is undesirable, especially in systems with humidity issues, as it can allow microbial growth. This finding is consistent with those in the report provided by Argus Environmental Consultants, LCC, dated June 24, 2016. It is this Engineer's opinion that microbial growth reported by Argus will, in the absence of a DOAU, continue to be an issue in the lined supply ductwork as the fan coil units deliver supply air at a nearly saturated condition on a regular basis. 4. Damper Design: Per the original design documents, OA ducts were to have one control damper at the main intake hood, and both control dampers and manual volume dampers in each branch to the VRF units. Additionally, by design, the RA ducts were to have only manual volume dampers in each branch serving the VRFs, located upstream of the OA duct connection. City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 1 9 Tom Green Engineers, Field observations indicated that there were no volume dampers (manual or control) present in the RA ductwork located in the mezzanine. Some RA grilles in the occupied spaces had dampers, while others did not. Only manual volume dampers were observed to be installed in the OA branches; no control dampers were found. Without volume dampers in the RA ductwork, it would be difficult to achieve design OA, even if operating as constant volume systems, since the OA ductwork system by design has a higher pressure drop than does the return air duct system. If operating as variable air volume as is currently done, without control dampers in the RA system, any reduction in system supply air would lead to a reduction in OA which would be undesirable paired with a constant volume exhaust system, as it would lead to a negatively pressurized building. 5. Insufficient Filter Access: Original design /construction did not allow for sufficient filter access. Field -built filter access doors were provided after occupancy. See Figure 2 below. Filter frames and access doors appear to be improperly constructed (access doors not sealed, filter trays not square) which will allow significant air bypass and has resulted in fouling of the coils. Additionally, the location and size of the filters results in an inordinately high pressure drop which may be contributing to reduced airflow capacity of the fan coil units. For example, based on the duct sizes indicated in the original construction documents, the filter location for DS -09 results in a filter velocity of over 1200 fpm at design condition. Standard recommended filter velocity is 500 fpm maximum. Figure 2: Field -Built Filter Access 3.4 Building Pressurization Observations A. Pressurization Offset: City of Schertz Animal Adoption Center HVAC Findings & Recommendations Tom Green Engineers, Marginal Positive Building Pressurization by Design: Original design and reported TAB airflows are tabulated below. The building was designed to be positively pressurized by roughly 1 % to 3% (assuming constant volume OA and exhaust operation). The 3% is net positive pressurization, expressed as: (outdoor air cfm — exhaust air cfm) supply air cfm. Three percent (3 %) is considered to be on the low end for this type of building in this climate. 2. Negative Building Pressurization by Operation: The latest full TAB audit (June 24, 2016) indicated much lower outside airflow rates than design, resulting in a highly negatively pressurized building ( -22 %). The subsequent TAB audit performed in November 2017 did not include OA or exhaust airflows. The November audit did also not include any of the cassette airflows. Due to the limited information provided, the November audit was not included in Table 2 below. City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 111 Tom Green & Company Engineers, Inc. Table 2: Building Pressurization Summary Note 1: DBR, Inc. reports that this outside air value is the sum of the OA to each VRF unit operating in isolation (not the total OA when all units are operating). On-site building pressurization measurements taken on the May 30th site visit indicated nearly all pressurization readings were opposite of those which should be provided for this building and spaces within (spaces which were expected to be positive measured negative, and vice versa). Results are presented in Table 3 below. Table 3: Building Pressurization Measurements City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 112 Tom Green Engineers, Note 1: Pressure reading indicates relative pressure from reference point to adjacent space. Pressurization measurements taken on the May 30th site visit during calm to low wind conditions. 3. Variable Speed Operation: The comprehensive repair plan from DBR, Inc. indicates that as of March 15, 2018, the VRF units were operating in a variable speed manner. Field measurements and observations by TGCE in July of 2018 indicate the building was operating in a neutral condition. Follow up site observations by TGCE in May 2019 indicated even with VRF units operating at maximum fan speed (as overridden by Dilmack technician upon our arrival) the building operates in a slightly negative condition (negative at the building entrance and positive at the back of the building, consistent with windward /leeward directions). Site measurements were taken with generally calm exterior wind conditions. 4. Recommended Pressurization: A properly constructed and (positively) pressurized building of this type should typically experience a positive pressurization of approximately 0.03" w.c. to 0.05" w.c. with respect to outside (correlates to roughly 10- 15% net pressurization). Warm and humid climates merit pressurization on the upper part of the range. Any negative building pressure is undesirable. In order to contain odors and airborne particles from the animal holding and quarantine rooms, this building should operate with cascading pressurization. For example, quarantine rooms should operate negatively pressurized with respect to adjacent spaces, yet also positively pressurized with respect to the outdoors. Similarly, the animal holding areas should operate negatively pressurized with respect to the lobby and other common areas, and positively pressurized with respect to the outdoors. Follow -up site observations by TGCE in May 2019 indicated nearly all opposite pressurization readings than expected. B. Airflow Controls: Intended Control Sequence Unclear: Intended controls sequence of operations were not found in the documents provided to TGCE. Engineer of Record's correspondence indicates that a constant air volume (CAV) airflow system was intended for both the VRF units and the building exhaust fans. Post construction correspondence indicates that VRF units are operating in a variable speed mode while exhaust fans were running at a constant speed 24/7. Site observation indicates building exhaust fans are City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 113 Tom Green Engineers, controlled off a timeclock and run 23 hours per day (with a one -hour shutdown occurring overnight) and VRF units operate in a variable speed manner. 2. Variable OA: The mechanical ductwork design consists of ducted OA from a common intake hood into each individual VRF unit. Because the OA is not decoupled or on a separate fan, any variable flow operation of the VRF units results in a reduction of OA supplied to the building for ventilation and pressurization and is therefore undesirable and improper. 4.0 RECOMMENDED IMPROVEMENTSICORRECTIONS 4.1 Baseline Premise While TGCE may have selected an engineering approach to the building different than the designed and installed system, a baseline premise is that the existing components be retained to the extent they can properly serve the long term needs of the building. This approach will generally be more cost - effective due not only to the HVAC system costs, but also the "dominoes" related to structural and architectural accommodations, electrical distribution, and building disruption or closures. The recommissioning process will either validate this premise or give rise to other considerations. 4.2 Building Recommissioning Existing controls documentation were not provided to TGCE for review. Project correspondence documents indicated the intended program sequence to be constant air volume, however site investigations revealed current controls operation to be variable air volume. Further, the existing LG controllers are a bit of a black box and existing programmed controls are not apparent. Due to the lack of clarity from the existing controls and building operation, a full recommissioning and rebalance of the building is the first step recommended in order to improve building HVAC operation with confidence. This recommissioning effort should be led by engineers experienced in field commissioning verifications and troubleshooting controls and supported by programmers and technicians skilled in LG VRF controls systems. TGCE's Opinion of Probable Construction Cost (OPCC) for the recommissioning and rebalance effort is estimated at $45,000 +/- 30 %. This rough estimated cost includes on site commissioning by an Engineer, accompanied by an LG technician, and a full TAB audit and rebalance. If the recommissioning effort reveals additional operational problems not yet identified, a potential full system redesign and replacement may be warranted. This more extensive replacement can be further evaluated (for both necessity and cost) after the initial recommissioning effort. 4.3 Building Pressurization, Cooling, & Dehumidification The operation of the system must be corrected such that a constant volume of OA is supplied on the same schedule as the exhaust fans in order to maintain positive pressure in the building. It is predictably assured that modifying only the building pressurization offset alone will not be sufficient to remedy the humidity and cooling issues the building is currently experiencing. Assuming the recommissioning effort indicates existing system is mostly suitable for continued use (with modifications /repairs as indicated in the body of the report, plus others that may be identified in recommissioning), the primary recommendation for improving the building's City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 114 Tom Green Engineers, pressurization, humidity, and cooling issues is the installation of a Pretreatment Dedicated Outside Air Unit (DOAU). A. Pretreatment Dedicated Outside Air Unit (DOAU) The recommended approach to control building humidity is to provide a pretreatment dedicated outside air unit (DOAU). Providing a DX DOAU and dedicated condensing unit will allow humidity control of the OA and the spaces in the building to be decoupled from the VRF units. Site investigation in May 2019 revealed a possible location for a DOAU hung high in the attic /mezzanine above existing VRF units and ductwork. Preliminary calculations indicate a roughly 15 -ton system would be needed for OA preconditioning. Structural modifications may accompany the DOAU installation. Selective demolition and re- construction of ceilings and partitions will likely be needed. The system would include a DX VRF heat pump condensing unit and a custom air handling unit containing filters, wrap around heat pipe, cooling coil (potentially also a hot gas reheat coil), and a supply fan. This size DOAU correlates to roughly 80 amps of spare electrical capacity required. Site investigation and review of onsite electrical drawings indicate an original spare capacity of 140 amps, some of which has been consumed due to recent renovations ( "big ass" fans). However, it is believed that there is enough spare electrical capacity to serve a DOAU. If further engineering analysis warranted, consideration of a DOAU with active desiccant dehumidification could be an option. 4.4 Additional Recommendations Removal of Lined Ductwork: As mentioned above, with the existing system's supply air delivery near saturated conditions on a regular basis, microbial growth will continue to be encouraged especially in the supply ductwork. In the absence of a new DOAU, all lined supply ductwork should be removed and replaced with externally wrapped ductwork to avoid further microbial growth in the ductwork system. Replacement of ductwork may require de- occupying select spaces for a short duration, though due to minimal duct lengths over hard ceilings it would be feasible to replace all lined duct in stages (one or two zones at a time) over nights and /or weekends to minimize building occupancy disruption. 2. Clean /Coat Lined Ductwork: If a DOAU were provided, a lower cost and less disruptive option to remedy the microbial potential of lined ductwork would be to clean, disinfect, and treat the liner with an antimicrobial coating similar to Fosters 40 -20 Fungicidal Protective Coating. B. Filters Bypass and High Velocity: Field -built filter access doors provided after occupancy appear to be improperly constructed (access doors not sealed, filter trays not square) which will allow significant air bypass and has resulted in fouling of the coils. It is recommended that gasketing be added to the new filter trays to minimize air bypass and fouling of coils. It is also recommended that a thorough coil cleaning be performed to improve the performance of the VRF units. City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 115 Tom Green Engineers, 2. As discussed in 3.3.C.5, the location and size of the field built filters results in an inordinately high pressure drop which may be contributing to reduced airflow capacity of the fan coil units. It is recommended that return ducts be reconfigured to allow for larger face area for filters (reduced face velocity) in order to improve filter efficiency, decrease system pressure drop, and improve airflow capacity. C. Rebalancing of Air Duct System: Several holding rooms and other spaces not originally designed to be used as Quarantine Rooms are currently being used in that manner. It is recommended that a full HVAC system air rebalance occur to properly pressurize all rooms to match their current operating needs. D. It should be noted that the complex recommendations presented in 4.2 and 4.3 above necessitate not only a properly qualified and experienced engineering design, but just as necessary qualified construction implementation and commissioning of systems. Special care should be given to evaluating /selecting professionals to carry out the recommended actions presented in this report. City of Schertz Animal Adoption Center HVAC Findings & Recommendations Page 116 Tom Green & Company 0 !f4 g ?0 t 2p2 RETRO - COMMISSIONING REPORT } CITY OF SCHERTZ ANIMAL ADOPTION CENTER August 7, 2020 MTRUCTION Cap is ""'No my SERVICES �1% # Tom Green & Company Engineers, Inc. TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY ............................................................................................ ..............................1 2.0 OVERVIEW ................................................................................................................. ..............................2 APPENDIX C — TEST AND BALANCE (TAB) REPORT 2.1 Building Information ........................................................................................ ..............................2 — Cx ASSIST /ISSUES LOG 2.2 Retro -Cx Team ................................................................................................ ..............................2 2.3 Equipment Inventory ....................................................................................... ..............................3 3.0 FACILITY PERFORMANCE ANALYSIS ..................................................................... ..............................4 3.1 Building Pressurization .................................................................................... ..............................4 3.2 System Capacities Comparisons .................................................................... ..............................5 3.3 Outside Air ...................................................................................................... ..............................8 4.0 RECOMMENDED CORRECTIVE ACTIONS ............................................................ .............................11 4.1 Existing Systems Evaluations ........................................................................ .............................11 4.2 Systems Replacement Recommendations .................................................... .............................11 5.0 OPINIONS OF PROBABLE CONSTRUCTION COST .............................................. .............................13 5.1 Summary ........................................................................................................ .............................13 APPENDIX A — OPCC UNCERTAINTIES APPENDIX B — FUNCTIONAL PERFORMANCE TESTS (FORMS) APPENDIX C — TEST AND BALANCE (TAB) REPORT APPENDIX D — Cx ASSIST /ISSUES LOG COS Animal Adoption Center Retro- Commissioning Report Tom Green & Company Engineers, Inc. 10 W IM "'EMENNEEM 1.0 EXECUTIVE SUMMARY The City of Schertz sought professional retro - commissioning (Retro -Cx) services at the City of Schertz Animal Adoption Center to apply a systematic investigation process for evaluating the operation of the building's HVAC system. TGCE's prior Assessment Phase report on "HVAC Findings and Recommendations" dated August 6, 2019, identified a number of conditions that would preclude the designed and installed system from properly serving the facility. An objective of this Retro -Cx project has therefore been to establish to what extent parts of the existing system could be retained in the envisioned improvements to occur. Retro -Cx is an important early step in the HVAC improvement process. It typically precedes any pre - design or design efforts. Retro-Cx comes early because it provides an understanding of how closely the HVAC system comes to operating as intended and needed. It helps to identify improper equipment performance, equipment or system needs, actions to improve HVAC system performance, and sometimes opportunities to reduce operating expenses. In the aforementioned Assessment Phase, Tom Green & Company Engineers, Inc. (TGCE) conducted a series of phone conversations and virtual web meetings, reviewed available building documentation, interviewed building stakeholders, performed building walk- throughs, and incorporated observations, spot measurements, and information into an Assessment Report. The Retro -Cx Phase included the creation of a Cx Plan, on -site functional testing and measurements, and analysis of the data collected. Our analyses compared the actual building ( "as- found ") conditions and system performance with the design intent, while also comparing with standard engineering practices and applications. This report is the conclusion of the Retro -Cx Phase. It includes recommendations to replace the existing HVAC system in its entirety, excepting possibly duct systems beyond the mechanical mezzanine platform. The Retro -Cx process used was systematic and documented. An overall summary of the activities are as follows: • Prepare a Retro -Cx plan that describes the process for investigating and analyzing relevant building systems to verify if they are working as intended. • Conduct field investigations and analysis; compile and review findings; conduct interviews of key staff members; utilize trend logs from building automation controls, portable testing instruments, and functional testing to evaluate the operational and performance capabilities of the existing HVAC system. • Identify and recommend building system improvement options and provide associated cost estimates. Two replacement options have been recommended for further consideration. The Opinions of Probable Construction Cost (OPCC) for either option is $1,145,000 ( +/- 30 %). COS Animal Adoption Center Retro- Commissioning Report Page 11 Tom Green & Company Engineers, Inc. 2.0 OVERVIEW 2.1 Building Information 2.2 Retro-Cx Team COS Animal Adoption Center Retro-Commissioning Report Page 12 City of Schertz 'I Philip Gaudreau Owner's Animal Adoption Center i 1 214-673-7557 Representative E500 Community Circle Drive i 1 PGaudreau@schertz.com Schertz, TX 78154 City of Schertz Owner's Animal Adoption Center Brenda Spinelli Representative 1 800 Community Circle Drive BSpinelli@ntdmechanical.com I Schertz, TX 78154 City of Schertz: Owner's I Animal Adoption Center Chad Lonsberry Representative 1 800 Community Circle Drive clonsberry@schertz.com I Schertz, TX 78154 Commissioning I Tom Green & Company Engineers Tom Green, PE Authority 1 3701 Executive Center Dr., Ste. 257 512-345-7793 (CxA) Austin, Texas 78731 tomg@tgce.com Commissioning I Tom Green & Company Engineers Greg Maxwell, LEED AP Authority 1 3701 Executive Center Dr., Ste. 257 512-345-7793 (CxA) Austin, Texas 78731 gregm@tgce.com Commissioning I Tom Green & Company Engineers Yinling Ng, PE Authority 3701 Executive Center Dr., Ste. 257 512-345-7793 (CxA) Austin, Texas 78731 yinlingn@tgce.com Mechanical Contractor/ I Texas Air Systems Jon-Erik Johnson Manuf. Representative 1 1340 Airport Commerce Dr., Ste. 450 210-842-2329 (MC) Austin, TX 78741 jon-erik.johnson@texasairsystems.com Mechanical Contractor/ I Texas Air Systems Daniel Fitzpatrick Manuf. Representative 1340 Airport Commerce Dr., Ste. 450 512-695-5384 (MC) Austin, TX 78741 daniel.fitzpatrick@texasairsystems.com TAB Air Technologies, Inc. Victor Rodriguez Contractor P.O. Box 129 512-947-0606 (TAB) Manchaca, Texas 78652 victor@airtechtx.com TAB Air Technologies, Inc. Damian Albiter Contractor I P.O. Box 129 512-947-0606 (TAB) I Manchaca, Texas 78652 damian@airtechtx.com COS Animal Adoption Center Retro-Commissioning Report Page 12 DS -01 IDU -2 Cassette Rabies Observation Dog Quar. 127 Corridor 116B, E- DS-02 IDU -13 Ducted Intake Dog Grooming I Room /Freezer 125, Grooming Intake 126 DS -03 IDU -7 Ducted Feeding Room Laundry 119, Food Prep 122 DS -04 IDU -6 Ducted Dog Quarantine Jan. /Stor. 121, Iso. 124 DS -05 IDU -8 Ducted Cat Quarantine Corridor 116C, Corridor 116D, Supp. Adopt. 130 DS -06 IDU -1 Cassette ASO Office Animal Control Officers 133 DS -07 IDU -9 Ducted Manager's Office g Adopt. CNSL 105, Storage 114A, Shelter Manager 131 Admin. 101 B, Lost & Found DS -08 IDU -11 Ducted Admin I Lobby 102, Vestibule 103, Cat Adopt. 106 Vestibule 100, Adopt. Lobby 101, Adopt. Serv. 101A, Dog DS -09 IDU -12 Ducted Lobby I Display 107, Get Acquainted Room 108, Men's RR 109, Women's RR 110 Retail Dog Adoption 112, DS -10 IDU -10 Ducted Retail Dog Corridor 113, Puppy Adoption 115, Staff T/R 120 DS -11 IDU -3 Cassette Cat Intake Stray Cat Holding 128 DS -12 IDU -4 Cassette Training Training 114 DS -13 IDU -5 Cassette Break Room Break Room 118 COS Animal Adoption Center Retro- Commissioning Report Page 1 3 Tom Green & Company Engineers, Inc. 3.0 FACILITY PERFORMANCE ANALYSIS The following analysis is intended, in part, to address findings and questions from TGCE's prior assessment, and to determine if existing equipment can be reused. 3.1 Building Pressurization A. Marginal Positive Building Pressurization by Design: As a reminder from our Assessment Report dated 8/6/2019, we established that the building was designed to be positively pressurized by roughly 1 % to 3% (assuming constant volume OA and EA operation), which is considered to be low for this type of building in the Schertz hot -humid climate. B. Negative Building Pressurization by Operation: Similar to previous TAB Audits performed at the facility, a negative net pressurization ( -12 %) was found by our Team during Retro -Cx activities. OA — EA Net Pressurization .SA 7273 2057 1960 1.3% 6594 2057 1830 3.4% 6131 1940 0) 1840 1.6% 5095 480 1597 (-21,9%) to :F etrc - x.(61 1 0) 5165 459 (2) 1081 (3) ( -12 %) (1) DBR, Inc. reports that this outside air value is the sum of the OA to each VRF unit operating in isolation (not the total OA when all units are operating). It, therefore, is in error as it does not reflect normal building operation. (2) All OA serving cassette type units were measured with negative /reverse airflow and, therefore, are subtracted from the system outside airflow total. (3) Exhaust fans (EFs -1, 2, & 3) operate on a dedicated timeclock (independent of LG AC Smart control system). Facility managers indicate the timeclock is programmed to run 23 hours a day (with a one -hour shutdown occurring overnight). C. Building Pressurization Measurements: Consistent with previous site visits, our pressurization measurements performed during Retro -Cx activities, in most cases, yielded the opposite of what should exist for this building and the spaces within. Results are provided on page 6 of Appendix C Test and Balance (TAB) Report. A properly pressurized building in a hot -humid climate should generally experience exfiltration (leaks inside to outside) rather than infiltration (leaks outside to inside). Nearly all measurements taken at exterior doors were experiencing infiltration. D. Recommended Pressurization: As previously communicated in our 8/6/2019 Assessment Report, we suggested 10 -15% net pressurization. After a closer review of building conditions during Retro -Cx activities, a recommendation of -18% is more likely to yield acceptable performance at this building. COS Animal Adoption Center Retro- Commissioning Report Page 14 Tom Green Sk Company Engineers, Inc. 10 M 001 "'EMEMEMSEMS 3.2 System Capacities Comparisons Detailed HVAC load calculations were not performed by TGCE to determine the appropriateness of the design capacities. Since actual cooling required in a building is dependent on a multitude of factors, including building shape and orientation, windows, occupancy quantity and types, and miscellaneous heat loads from equipment, among other things, an estimate of the cooling load in the building was beyond the scope of this effort. However, a holistic analysis of system capacities, both sensible and latent, allows us to compare the scheduled design intent versus the actual measured and calculated performance. The tables below summarize these comparisons. Note: Due to the inability to accurately measure supply and return airflows on the cassette type units, our analysis is limited to the ducted fan coil units only, although similar trends can likely be expected on the cassette units. A. Design Conditions Overview: To properly examine the design condition information presented in Table 3.2.1 below, we are reminded of the difference between sensible and latent capacities. Sensible capacity is the capacity required to lower the temperature while latent capacity is the capacity required to remove moisture from the air. By design, it is typical to see higher sensible capacities to serve building cooling loads. However, if latent loads are not adequately addressed, especially those from high quantities of outdoor air, increased humidity levels within the spaces result. Table 3.2.9 — Design System Capacities (1) Supply air CFM used in calculations /selections within the Retro -Cx analysis. (2) Supply air CFM presented to illustrate the discrepancy between some scheduled design values and the sum of air devices (diffusers) on Contract Documents. (3) Estimated using psychrometric analysis and scheduled CFM, MBH, and Entering air (EA) conditions. COS Animal Adoption Center Retro- Commissioning Report Page 15 Tom Green & Company Engineers, Inc. 2. Discussion of total, sensible, and latent capacities Total Capacity: For the design condition, the total capacity is the scheduled value of each unit. This total capacity, along with entering air conditions, airflow rate, and typical coil performance curves, enables estimation of leaving air conditions. This is a straightforward psychrometric analysis. Sensible Capacity: Sensible capacity relates to the temperature (only) cooling. The sensible capacity excludes dehumidifying properties of the cooling coil. These values are readily estimated using airflow rates and "delta T," or difference between entering and leaving dry bulb temperature. Latent Capacity: The latent capacity relates to the dehumidifying properties of the cooling coil. These values were obtained by subtracting sensible capacity from the total capacity. B. As -found Conditions Table 3.2.2 — As- found System Capacities (1) Measured as -found CFM with fan speeds set to `High'. Typical all units. (2) A 40% shortfall below scheduled values in design. (3) A 20% shortfall below scheduled values in design. 1. Discussion of as -found tests Leaving air temperatures (LATs) measured during Retro -Cx activities ranged from approx. 54- 58 °F, with an average close to 55 °F. However, because the measured LATs occurred at deficient airflows (total and OA), the values are deceptive: they would be higher with greater airflows. TGCE maintains that a design LAT of approx. 50T would be needed for proper dehumidification in the absence of processed outside air, assuming a VAV operation with reheat available (neither of which exists). COS Animal Adoption Center Retro- Commissioning Report Page 16 Tom Green & Company Engineers, Inc. Additionally, consistent with previous TAB reports and assessments, our findings illustrate that airflow remains problematic. Several of these units are still underperforming as compared to intended design airflows. With fan speeds already set on "high," it is evident that this VRF system cannot adequately meet intended performance. The lower airflows and higher entering humidities result in higher latent capacities than would be expected under acceptable operating conditions. This is purely a function of psychrometrics. The resulting latent capacities are therefore also deceptive: they would be lower under proper airflow and acceptable humidities. With higher latent capacities, humidity control is enhanced. However, our Retro -Cx findings addressed in Appendix S — Functional Performance Tests (Forms) show that all of the spaces served by ducted units exceed the normally accepted industry threshold of 60% relative humidity. As a summary comparison to design conditions, our as -found conditions reflect a significant reduction in performance. In addition, with airflows at maximum condition, approximating the design performance with installed equipment will not be possible. Furthermore, there are other factors that contribute to our recommendations, such as filters access, filter bypass, duct lining, and duct leakage, all of which have been observed to exist. C. High -heat Load Simulation In an effort to reproduce cooling a "hot" building and evaluate max cooling capacities of each zone, an impromptu high -heat load simulation test was added to our functional performance testing script. In this scenario, all units were commanded to full heat for a period of approximately 1 -hour. Once space temperatures neared approximately 80 °F, a single zone was released to full cooling while the others remained in full heat. Sequentially, additional zones were released to full cooling, and system performance was logged and documented. This simulation did not yield the max cooling capacity data envisioned. However, it did yield confirmation of the general operations of a VRF system. These operations allow simultaneous cooling and heating as expected, but do not provide high -level cooling simultaneously with heating. The VRF control system monitors the cooling and heating demands from each zone fan coil unit, and adjusts operation (e.g., EEV — electronic expansion valves) to balance refrigerant flow according to total system need. Consequently, the performance was very dynamic in this simulation, and specific units' spot test results could not be considered as useful for diagnosis and evaluation. We have included the data and analysis from this simulation in Table 3.2.3 as a matter of documentation of our testing. It can be noted that the calculated total capacities reasonably approximate the values from Table 3.2.2, and that both of these tables show a significantly lesser total capacity (approximately 20 %) than intended by the design objectives illustrated in Table 3.2.1. An important footnote to this discussion is that the design values of Table 3.2.1 did not represent appropriate fan coil unit entering air design conditions, and hence the values shown are less than what is needed. Accordingly, the percentage shortfall in actual versus needed is likely higher than 20 %. COS Animal Adoption Center Retro- Commissioning Report Page 7 Tom Green & Company Engineers, Inc. Table 3.2.3 — High -Heat Load Simulation ,System Capacities (1) Measured as -found CFM with fan speeds set to 'High'. Typical all units. (2) A 40% shortfall below scheduled values in design. (3) Excluding DS -03, a 19% shortfall below the scheduled values in design. (4) Did Not Test. TGCE instrument malfunctioned durinq testing. 3.3 Outside Air A. Outside Air Percentages The table below is provided to point out that the typical allowable percentage of design OA for a system of this type is approximately 10 %. These systems simply cannot perform sufficient dehumidification with a design range between 30 -62% of OA. Pre - treatment of OA is essential to provide the appropriate dehumidification in order to process the latent loads present in the outdoor air. While some of the actual measured %OA is closer to that of typical range, the overall outside air is deficient, creating improper pressure relationships. In addition, the cooling /dehumidification capacity is not available in the existing system for processing continuous ventilation /outdoor loads. COS Animal Adoption Center Retro- Commissioning Report Page 18 Tom Green & Company Engineers, Inc. Table 3.3.1— Outside Air Percentage Summary B. Outside Air Performance As noted in Table 3.1.1 above, our Retro -Cx activities found that all OA ducts serving cassette units were measured with negative /reverse airflow, further contributing to negative building pressurization. Upon review of LG's VRF building ventilation design guide (Figure 3.3.2), "inline fan(s) are required to push outdoor air to the indoor (cassette style) unit." Interestingly, the same document claims that "unconditioned outdoor air may affect indoor unit performance, which may necessitate oversizing the indoor unit." Although these statements seem logical from an engineering perspective and are also proven through TGCE's Assessment Report and herein, they appear to have been an oversight during the design and construction of this facility. COS Animal Adoption Center Retro- Commissioning Report Page 9 Tom Green & Company Engineers, Inc. Method 3: Unconditioned Outdoor Air Ducted to Indoor its Untreated outdoor air is channeled through a duct system that is piped to the return air duct on Multi F ducted indoor units or to the frame of Multi F four-way cassettes. COS Animal Adoption Center Retro-Commissioning Report Page 110 Note: Outside air may flow backward through the return air-filter grille when the insider unit fan speed slows or stops in response to changes in the W space fond - This may result in captured particulate on the filter media being lb)bvvn back into the conditioned space, 0 C Advantages Disadvantages .a - May require less ductwork if indoor units are • Fants) will be required to push outdoor air to the indoor unit to overcome the additional CD 4) placed near outdoor swiHs or a roof deck static pressure. I= Controls must be interlocked to shut off the - Filter required to be added to the outdoor air duct, outdoor air supply fan when the space is - Ducted and four-way cassette models are the only indoor units that accept the connection W unoccupied - of an outdoor air duct to the unit case. THrd-party demand-control ventilation - In most cases, in lieu of using the factory mounted return-air thermistor on indoor UMIS. a controls may be installed to regulate outdoor remote wall temperature serisor or zone controller will be needed to provide an accurate intake based on the (30, levels of the feadIng of the conditioned area temperature. 6. 0 occupied space, - Unconditioned outdoor air may affect indoor unit performance, whlch may necessitate 0 oversi2log the indoor unit. Figure 241-1 Unconditioned Outdoor Air Ducted to Indoor Units, U. nim Infine Fan :3 2 OA Wall Cap Damper with Filter Flange 110 U. VerWarson KI 75 From Parw 2 COS Animal Adoption Center Retro-Commissioning Report Page 110 Tom Green & Company Engineers, Inc. 4.0 RECOMMENDED CORRECTIVE ACTIONS 4.1 Existing Systems Evaluations A. Equipment Retainage TGCE Assessment Report of 8/6/2019: The investigative findings previously illustrated underlying design and construction issues that present logical arguments that this system requires modifications. A summary of these findings includes, but is not limited to: undesirable unit inlet air conditions (due to absence of proper OA conditioning), high static pressure loss OA duct conditions, lined ductwork exhibiting potential microbial growth, inadequate manual and /or automatic damper provisions, insufficient filter access, filter bypass conditions, and exposed /damaged control wiring. 2. TGCE Retro -Cx Activities: As presented herein, TGCE believes that the existing system is incapable of providing the necessary capacities and airflows required to satisfy the facility demands, especially in hot -humid seasons. Refer also to Appendix C - Cx Assistfissues Log for a quick list of zones not obtaining adequate airflows. 3. Summary: Retaining existing system components, even with the addition of a dedicated outside air unit (as previously discussed), would still, in TGCE's opinion, fall short of a system that would respond to the building's needs. Improvements would be seen to overall building pressurization and humidity control, but zone airflows would still suffer significantly as TGCE has established, based on the original design intent, the system zone air delivery is insufficient. Providing a dedicated outside air unit without the replacement of the fan coil units is, in the Author's opinion, ill- advised. It retains the shortcomings described in the existing system, including those related to performance, installation, and maintenance. Therefore, a warrantable full systems replacement is concluded. 4.2 Systems Replacement Recommendations A. Option 1 — DX VAV/VRF AHU Provide an approximately 35 -ton split- system variable air volume (VAV), variable refrigerant flow (VRF), air handling unit (AHU) coupled with single -duct VAV terminal units with electric reheat, serving each zone. It is anticipated that the new AHU could be located on the existing mechanical mezzanine platform. The AHU would be fully- custom panelized construction that would allow all components to be delivered to the platform via strategic opening(s) not significantly larger than the existing pull -down stair opening. Zone terminal boxes would be located above the mechanical platform for ease of maintenance access. The DX VRF heat pump condensing unit(s) would be located in the rear of the building, in the same vicinity as the existing condensing unit. The existing ductwork systems would be replaced in the mechanical mezzanine. The objective would be to use existing ducts beyond the mezzanine if microbial testing indicated either no growth or growth that could be mitigated by cleaning and coating of the duct interior. Envisioned features of this Option 1 would include: more conventional system approach using multi- party available controls systems and service options beyond the specialized service of VRF systems; more consolidated maintenance needs (e.g., filter changers, OA controls /dampers); N +1 redundancy COS Animal Adoption Center Retro- Commissioning Report Page 1 11 Tom Green & Company Engineers, Inc. for supply fans; multi- circuit refrigeration systems for staging /modulation and absence of single point mechanical failures in the refrigeration system. B. Option 2 — DX DOAU /VRF Provide an approximately 16 -ton split system constant air volume (CAV), variable refrigerant flow, dedicated outside air unit (DOAU) coupled with VRF terminal units totaling approximately 16 -ton capacity. The DOAU would include a hot gas reheat coil for delivery of "neutral" temperature dehumidified outdoor air. This approach is similar to the existing systems, except a DOAU is added. Terminal units and condensing unit(s) would be replaced /upsized to satisfy facility load demands. Similarly to Option 1, the new DOAU would be located on the existing mechanical mezzanine platform. This Option may not be able to use fully- custom panelized construction and may require larger openings into the mechanical mezzanine to accommodate a section -by- section assembly. The zone terminal boxes and DX VRF heat pump condensing unit(s) would be placed in their respective existing "vicinities." The existing ductwork systems would be replaced in the mechanical mezzanine. The objective would be to use existing ducts beyond the mezzanine if microbial testing indicated either no growth or growth that could be mitigated by cleaning and coating of the duct interior. Envisioned features of this Option 2 would include: a user - friendly control system that allowed Owner operation and adjustment of appropriate functions via mapping VRF control points to a third -party digital controls system; DOAU and VRF fan coil units (FCUs) system independence so that DOAU would not be affected by maintenance issues of the VRF FCUs, and vice - versa; and an improved system efficiency compared to Option 1. C. Design Considerations With either Option presented above, it is acknowledged that: conceptual design test fits are needed to determine if components will fit as conceived; ductwork outside the mezzanine is subject to being replaced; all mechanical equipment be replaced; existing electrical service capacity must be explored /verified and potentially upgraded; a structural analysis is performed, as modifications are likely required to support the additional equipment load; selective demolition and reconstruction of ceilings and partitions can be expected. D. Pre - Design Phase A decision regarding which Option to pursue will be needed. While both have some similarities, each also has distinct pros. Accordingly, a pre- design phase is recommended to assist this selection. It would address the items described in "C. Design Considerations" above, creating concept designs for either or both systems. It would also update the Opinion of Probable Construction Cost to achieve higher confidence (lower uncertainty) in the cost. Most importantly, it would involve facility stakeholders in the selection of the system. COS Animal Adoption Center Retro- Commissioning Report Page 112 Tom Green & Company Engineers, Inc. 10 IS SE1 5.0 OPINIONS OF PROBABLE CONSTRUCTION COST 5.1 Summary Table 5.1.1 below presents a conceptual, or pre - program, Opinion of Probable Construction Cost (OPCC). The method used for the OPCCs is that which has been used successfully in our firm for 20- plus years. It uses project comparables with appropriate adjustments for the various differences in previous projects and the envisioned project. It also recognizes the uncertainties inherent with any cost estimate, those uncertainties being high in early phases. Please refer to Appendix A ® OPCC Uncertainties for a more complete discussion of uncertainties. It may be noted that only one OPCC is presented, yet two system options are presented. The single OPCC applies to both systems, as the relatively small differences in cost are contained within the stated uncertainties. Table 5.9.1— OPCC Summary Table Mechanical and Plumbing $633,000 +/-35% Electrical $132,000 +/-35% Architectural $117,000 +/-35% Structural $93,000 +/- 35% CM GCs & Fees $170,000 +/- 35% (1) Costs are presented in 2021 dollars. As illustrated, the uncertainty of each system is judged to be approximately +/ -35 %, and the total approximately +/ -30 %. (2) Costs do not include additional expense incurred by Owner for project management, project design, TAB (Test Adjust Balance), commissioning, and /or building occupant disruption /displacement. - End of Report - COS Animal Adoption Center Retro- Commissioning Report Page 1 13 Appendix A OPCC UNCERTAINTIES Tom Green & Company Engineers, Inc. 10 My M "AMEMEMEM OPCC UNCERTAINTIES A. Discussion of Uncertainties There is a saying that occasionally is heard amongst those in almost any field of endeavor, including construction or design. It goes something like this: "in any project there are three variables: quality, scope, and cost. If any two are fixed, the third varies according to the other two." A corollary in the case of building design and construction might go something like this: "As design progresses and intended results are better defined, the costs of the construction project become progressively more certain." In short, the uncertainties in the cost of a construction project are high at the beginning phases and diminish to zero only once the warranty is completed. So how might one describe this uncertainty in real, quantifiable terms? Our experience and judgment over the decades has shown that cost estimates can generally be characterized by the following uncertainties. Note that smaller projects have characteristically higher uncertainties. These uncertainties might best be understood when looking at the construction documents phase. In a medium -sized renovation project, for example, the actual bids received commonly vary by 10 to 15 %. Hence, ± 8% variations are experienced even by the contractors who do all the detailed estimating and investigation, and who have a very highly vested interest (their livelihood) in correctly estimating the work. It logically follows, then, that an engineering /architectural team is not likely able to present an estimate with accuracy better than ± 10% at this phase. Uncertainties for MEP Project ,sizes (at 95% Confidence Interval) ±30% ±35% ±25% ±30% ±20% ±25% ±25% ±30% ±20% ±25% ±15% ±20% ±20% ±25% ±15% ±20% ±10% ±15% ±15% ±20% ±10% ±15% ±8% ±12% ±10% ±15% ±5% ±10% ±5% ±10% ±8% ±3% ±5% ±3% ±5% ±5% ±1% ±2% ±1% ±1% ±1% ±1% - ±0% _ ±0% .... - ___- ±0% ____ ±0% --- - - - - -- ±0% ±0% Appendix A- OPCC Uncertainties Page J A -1 Tom Green & Company Engineers, Inc. Also, please note that the uncertainties might best be viewed as a normal distribution on the familiar bell curve. For example, a "two sigma" (two standard deviations) departure from the mean yields a confidence interval of roughly 95 %, and a "one sigma" departure yields a confidence interval of roughly 68 %. Hence, if the total judged uncertainty is ± 30 %, 20% might be approximated as "one sigma ", and 29% as "two sigma ". Using this approach, it can be seen that the bell curve gets taller and thinner as design progresses because fewer uncertainties exist. This process is simply a natural evolution that applies to most all activities, even those outside the realm of construction. All this being said, it may be important to also relay our track record in estimating construction costs. With few exceptions (usually on smaller projects), our MEP OPCC's are within 10% of the MEP bids received. It is not uncommon for our estimates to be within five percent. We are able to accomplish these accuracies by properly judging the complexities of a given project and factoring them into the cost opinions. Even so, we must not lose sight of the reality that "scope" and "detail" uncertainties in the early project phases can be high. Accordingly, cost uncertainties are equally real and it is our responsibility and duty not to ignore them. Appendix A— OPCC Uncertainties Page J A -2 FUNCTIONAL PERFORMANCE TESTS Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE 'I TGCE Daniel Fitzpatrick i TAS -------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------ ------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i COS --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos ------------------------------------------------------------------------------------------------ n,1-H-,-,'-1, R�,',�Pre r ------------------------------------ ornpanv ------------------------------------------------------------------------------------------------- ------------------------------------ nm y Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- T� ------------------------------------ 4 1 ------- ---------------------------------------------------------------------------------------- G- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-01 LG Service Too/ Identification: IDU-2 AC Smart Identification: Rabies Observation Room(s) Served: Dog Quarantine 127 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -09 P a 3 e 11 of 3 Tom Green & Company Engineers, Inc. Pre-requisite Checklist Mark Yif the item is complete /acceptable. If not, mark `M and enter note /deficiency on Cx Assistlissues Log. 1 i All control system functions for this and all interlocking systems are programmed and operable per,. Contract Documents, including final setpoints; and schedules set in AC Smart controller. 2 Pre-Functional Performance Checklists (PFPCs) are addressed for the specific system. 3 Test and Balance (TAB) addressed for the system. Y 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary Y checks having already been performed by Contractors. 5 AC Smart is operational. Y Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter noteldeficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. , has been established. i Record Ambient/Weather Conditions. i Actual: Pass - 89 °F / 51%RH, Wind: WSW @ 4 mph AC Smart: 98.8 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU-2 DS-01). The LG software is unable to rename IDU addresses as it auto-assigns during system start-up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system I heat rejection and therefore, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor on ly reads temperature. I 'Heating Mode': Force/Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: T 2 1 I Mixed air temp: 'F (db) I Refrigerant In temp: 'F I Refrigerant Out temp: 'F EEV (valve) position: (40 min.-1350 max.) Notes: a. This Cx test was not performed on cassette style units. DNT = Did Not Test I 'Cooling Mode': Force/Override space I Does AC Smart show Temp change. After a 15- 1 I temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: I Fan Speed: High 3 1 P""Iss Time: 3:16 pm Mixed air temp: 71.2 °F (db) Refrigerant In temp: 43.2 °F Refrigerant Out temp: 51.8 °F EEV (valve) position: 199 (40 min.-600 max.) a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. Notes: b. Observed excessive fan noise. Texas Air Systems believes the noise is caused by failing fan motors. i 3 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -09 Page 12of3 Tom Green & Company Engineers, Inc. I Conduct `Cooling Mode' TAB I Return air temp/humidity: 65.3 °F 73.4%RH measurements/calculations and record results. Outside air temp/humidity: DNM DNM Mixed air temp/humidity: See notes below I Supply air temp/humidity: 53.9 °F 85.9%RH 4 Fail Fan speed setting: High Return air CFM: 406 Approx. % of Outside air: 0% Outside air CFM: - 43 CFM I a. Upon traverse of O/A, reverse airflow was observed and therefore, design outside airflow is not being obtained. This condition was typical for all cassette style units. The LG Engineering Manual states that 4 inline fans are required to push outdoor air to the indoor cassette unit to overcome the static pressure. Notes: I This building is not equipped with inline fans on the outside air ductwork. b. Supply airflow cannot be accurately measured on cassette style units. 5 c. Mixed air conditions could not be measured on cassette style units. 6 I Return all changed/adjusted control I Verify all IDUs are in auto mode. 5 parameters and conditions to their pre-test Pass values per as-found conditions. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -09 Page I 3of3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-02 LG Service Too/ Identification: IDU-13 AC Smart Identification: Intake Dog Grooming Room(s) Served: Corridor 1168, E-RoomlFreezer 125, Grooming Intake 126 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS-02 P a g e 11 of 3 Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/issues Log. 1 All control system functions for this and all interlocking systems are programmed and operable per Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. - 3 ;Test and Balance (TAB) addressed for the system. Y - 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary , checks having already been performed by Contractors. 5 AC Smart is operational. Y - Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 i Record Ambient/Weather Conditions. i Actual: Pass - 72 °F / 92 %RH, Wind: SE @ 9 mph Time: 11:28 am AC Smart: 84 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start-up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefor, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. 'Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Time: 4:18 pm I Mixed air temp: 72.9 °F (db) mass - i Refrigerant In temp: 112.2 °F Refrigerant Out temp: 163.4 °F EEV (valve) position: 220 (40 min. -1350 max.) 3 Conduct 'Heating Mode' TAB ;Return air temp /humidity: 76.8 °F / 74.0 %RH { measurements /calculations and record results. Supply air temp /humidity: 108.5 °F / 35.0 %RH `' ' `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: Fan Speed: High 4 Time: 11:40 am Pa s,,,,,, Mixed air temp: 72.4 °F (db)- Refrigerant In temp: 42.6 °F Refrigerant Out temp: 56.02 °F EEV (valve) position: 124 (40 min. -600 max.) Notes: I a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -02 Page 1 2 of 3 Tom Green & Company Engineers, 5 Notes: 6* Notes: 7 Conduct `Cooling Mode' TAB measurements /calculations and record results. Return air temp /humidity: 71.9 °F / 65.7 %oRH Outside air temp /humidity: 75.6 °F / 78.4 %RH Mixed air temp /humidity: 71.4 °F / 79.4 %RH Supply air temp /humidity: 55.0 °F / 92.1 %RH Fan speed setting: High Supply air CFM: 272 Approx. % of Outside air: 24% Outside air CFM: 65 CFM a. Design supply airflow of 454 CFM is not being obtained. b. Design outside airflow of 195 CFM is not being obtained. "High -Heat Load Simulation ": Force all indoor I Spaces commanded to cooling properly meet units into `Heating Mode' for a duration of 30 I cooling setpoint. minutes to simulate a hot building. Command selected spaces to `Cooling Mode' to verify ;Laptop Service Tool: proper cooling of space is achieved. Mixed air temp: 75.4 °F (db) Time: 8:22 pm 1 EEV (valve) position: 154 (40 min. -600 max.) Fail - 7 8 TAB: Mixed air temp /humidity: 81.5 °F / 62.1 %RH Supply air temp /humidity: 58.6 *F / 89.5 %RH a. Mixed air temperature sensor feedback was not tracking with manual instrumentation measurement. This could be caused by a lag in sensor /instrument response times. b. VRF system struggled to meet zone cooling setpoint of 66 °F within a timeframe of 1 -hour, TGCE believes the struggle was caused by simultaneous cooling and heating demands (i.e., some zones calling for heat while some zones calling for cooling). Return all changed /adjusted control i Verify all IDUs are in auto mode. parameters and conditions to their pre- test g;> values per as -found conditions. *Pass /Fail not assigned because conditions were not adequately represented by the test. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -02 Page 13 of 3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE 'I TGCE Daniel Fitzpatrick i TAS -------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------ ------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i COS --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos ------------------------------------------------------------------------------------------------ n,1-H-,-,'-1, R�,',�Pre r ------------------------------------ ornpanv ------------------------------------------------------------------------------------------------- ------------------------------------ nm y Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- T� ------------------------------------ 4 1 ------- ---------------------------------------------------------------------------------------- G- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-03 LG Service Too/ Identification: IDU-7 AC Smart Identification: Feeding Room Room(s) Served: Laundry 119, Food Prep 122 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS-03 Page 11 of Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/issues Log. 1 All control system functions for this and all interlocking systems are programmed and operable per Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. - 3 ;Test and Balance (TAB) addressed for the system. Y - 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary , checks having already been performed by Contractors. 5 AC Smart is operational. Y - Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 i Record Ambient/Weather Conditions. i Actual: Pass - 72 °F / 92 %RH, Wind: SSE @ 8 mph Time: 11:57 am AC Smart: 84 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start-up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefor, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. 'Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Time: 4:19 pm I Mixed air temp: 72.9 °F (db) mass - i Refrigerant In temp: 109.5 °F Refrigerant Out temp: 151.8 °F EEV (valve) position: 200 (40 min. -1350 max.) 3 Conduct 'Heating Mode' TAB ;Return air temp /humidity: 76.4 °F / 83.9 %RH { measurements /calculations and record results. ° `' - i Supply air temp /humidity: 101.1 °F / 40.0 / °RH `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: Fan Speed: High 4 Time: 11:55 am Pa s,,,,,, Mixed air temp: 71.2 °F (db)- Refrigerant In temp: 46.9 °F Refrigerant Out temp: 51.8 °F EEV (valve) position: 208 (40 min. -600 max.) Notes: I a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -03 Page 1 2 of 3 Tom Green & Company Engineers, Inc. I Conduct `Cooling Mode' TAB I Return air temp/humidity: 69.6 °F / 69.8%RH measurements/calculations and record results. Outside air temp/humidity: 78.1'F / 75.9%RH Mixed air temp/humidity: 72.0 °F / 81.4%RH I Supply air temp/humidity: 55.0 °F 94.7%RH 5 Fail Fan speed setting: High Supply air CFM: 260 Approx. % of Outside air: 38% Outside air CFM: 99 CFM a. Design supply airflow of 425 CFM is not being obtained. 9 Notes: I b. Design outside airflow of 150 CFM is not being obtained. 10 I "High-Heat Load Simulation": Force all indoor I Spaces commanded to cooling properly meet units into 'Heating Mode' for a duration of 30 cooling setpoint. minutes to simulate a hot building. Command selected spaces to 'Cooling Mode' to verify Laptop Service Tool: proper cooling of space is achieved. Mixed air temp: DNT 6 EEV (valve) position: DNT TAB: Mixed air temp/humidity: DNT Supply air temp/humidity: DNT Notes: a. TGCE instrument malfunctioned during testing. Could not fully test and therefore, measurements not taken. DNT = Did not Test Return all changed /adjusted control I Verify all IDUs are in auto mode. 7 parameters and conditions to their pre-test Pass values per as-found conditions. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS-03 Page 13of3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------ ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-04 LG Service Too/ Identification: IDU-6 AC Smart Identification: Dog Quarantine Room(s) Served: Janitor 121, Isolation 124 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS-04 P a 3 e 11 of 3 Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/issues Log. 1 All control system functions for this and all interlocking systems are programmed and operable per Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. - 3 ;Test and Balance (TAB) addressed for the system. Y - 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary , checks having already been performed by Contractors. 5 AC Smart is operational. Y - Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 i Record Ambient/Weather Conditions. i Actual: Pass - 74 °F / 87 %RH, Wind: SE @ 3 mph Time: 12:20 pm AC Smart: -° F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start -up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefor, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. 'Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Time: 4:27 pm I Mixed air temp: 69.4 °F (db) mass - i Refrigerant In temp: 115.1 °F Refrigerant Out temp: 143.7 °F EEV (valve) position: 130 (40 min. -1350 max.) 3 Conduct 'Heating Mode' TAB ;Return air temp /humidity: 79.3 °F / 64.3 %RH { measurements /calculations and record results. ° `' - i Supply air temp /humidity: 99.0 °F / 39.7 / °RH `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. sensor feedback: Fan Speed: High 4 Time: 12:06 pm Mixed air temp: 67.6 °F (db) Pas,:.• - Refrigerant In temp: 49.4 °F Refrigerant Out temp: 51.8 °F EEV (valve) position: 139 (40 min. -600 max.) Notes: I a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -04 Page 1 2 of 3 Tom Green & Company Engineers, 5 Notes: 6* Notes: 7 Conduct `Cooling Mode' TAB measurements /calculations and record results. Return air temp /humidity: 69.3 °F / 62.4 %RH Outside air temp /humidity: 79.7 °F / 73.7 %RH Mixed air temp /humidity: 72.2 °F / 73.2 %RH Supply air temp /humidity: 55.2 °F / 92.9 %RH Fan speed setting: High Supply air CFM: 129 Approx. % of Outside air: 29% Outside air CFM: 37 CFM a. Design supply airflow of 425 CFM is not being obtained. b. Design outside airflow of 150 CFM is not being obtained. "High -Heat Load Simulation ": Force all indoor I Spaces commanded to cooling properly meet units into `Heating Mode' for a duration of 30 I cooling setpoint. minutes to simulate a hot building. Command selected spaces to `Cooling Mode' to verify ;Laptop Service Tool: proper cooling of space is achieved. Mixed air temp: 71.2 °F (db) Time: 8:27 pm EEV (valve) position: 116 (40 min. -600 max.) Fail - 11 12 TAB: i Mixed air temp /humidity: 81.1'F / 60.4 %RH Supply air temp /humidity: 58.6 *F / 86.8 %RH a. Mixed air temperature sensor feedback was not tracking with manual instrumentation measurement. This could be caused by a lag in sensor /instrument response times. b. VRF system struggled to meet zone cooling setpoint of 66 °F within a timeframe of 1 -hour, TGCE believes the struggle was caused by simultaneous cooling and heating demands (i.e., some zones calling for heat while some zones calling for cooling). Return all changed /adjusted control i Verify all IDUs are in auto mode. parameters and conditions to their pre- test g;> values per as -found conditions. *Pass /Fail not assigned because conditions were not adequately represented by the test. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -04 Page 13 of 3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-05 LG Service Too/ Identification: IDU-8 AC Smart Identification: Cat Quarantine Room(s) Served: Corridor 116C, Corridor 116D, Supp. Adopt. 130 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS-05 P a 3 e 11 of 3 Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/issues Log. 1 All control system functions for this and all interlocking systems are programmed and operable per Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. - 3 ;Test and Balance (TAB) addressed for the system. Y - 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary , checks having already been performed by Contractors. 5 AC Smart is operational. Y - Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 i Record Ambient/Weather Conditions. i Actual: Pass - 74 °F / 87 %RH, Wind: SE @ 3 mph Time: 12:30 pm AC Smart: -° F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start -up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefor, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. `Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Time: 4:28 pm I Mixed air temp: 70.6 °F (db) mass - i Refrigerant In temp: 101.8 °F Refrigerant Out temp: 157.3 °F EEV (valve) position: 273 (40 min. -1350 max.) 3 Conduct 'Heating Mode' TAB ;Return air temp /humidity: 75.2 °F / 63.7 %RH { measurements /calculations and record results. ° `' - i Supply air temp /humidity: 102.6 °F / 29.0 / °RH `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: Fan Speed: High 4 Time: 12 :25 pm Mixed air temp: 68.8 °F (db) Pas,:.• - Refrigerant In temp: 44.5 °F Refrigerant Out temp: 56.6 °F EEV (valve) position: 166 (40 min. -600 max.) Notes: I a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -05 Page 1 2 of 3 Tom Green & Company Engineers, I Conduct `Cooling Mode' TAB i Return air temp /humidity: 69.3 °F / 64.0 %RH i measurements /calculations and record results. Outside air temp /humidity: 84.8 °F / 61.3 %RH Mixed air temp /humidity: 69.7 °F / 70.6 %RH 5 Supply air temp /humidity: 53.9 °F / 92.6 %RH Fail Fan speed setting: High Supply air CFM: 369 Approx. % of Outside air: 37% Outside air CFM: 136 CFM Notes: 6* Notes: 7 a. Design supply airflow of 245 CFM is exceeded. b. Design outside airflow of 90 CFM is exceeded. "High -Heat Load Simulation ": Force all indoor units into `Heating Mode' for a duration of 30 minutes to simulate a hot building. Command selected spaces to `Cooling Mode' to verify proper cooling of space is achieved. Time: 8:31 pm Spaces commanded to cooling properly meet cooling setpoint. Laptop Service Tool: Mixed air temp: 72.9 °F (db) EEV (valve) position: 213 (40 min. -600 max.) TAB: Mixed air temp /humidity: 75.8 °F / 62.0 %RH Supply air temp /humidity: 58.0 *F / 92.0 %RH a. Mixed air temperature sensor feedback was not tracking with manual instrumentation measurement. This could be caused by a lag in sensor /instrument response times. b. VRF system struggled to meet zone cooling setpoint of 66 °F within a timeframe of 1 -hour, TGCE believes the struggle was caused by simultaneous cooling and heating demands (i.e., some zones calling for heat while some zones calling for cooling). Return all changed /adjusted control i Verify all IDUs are in auto mode. parameters and conditions to their pre- test g;> values per as -found conditions. *Pass /Fail not assigned because conditions were not adequately represented by the test. - END OF TEST - 13 14 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -05 Page 13 of 3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-06 LG Service Too/ Identification: IDU-1 AC Smart Identification: ASO Office Room(s) Served: Animal Control Officers 133 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS-06 Page 11 of Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/issues Log. 1 i All control system functions for this and all interlocking systems are programmed and operable per i Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. 3 ;Test and Balance (TAB) addressed for the system. °° 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary Y i checks having already been performed by Contractors. 5 AC Smart is operational. Y Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 i Record Ambient/Weather Conditions. i Actual: Pass - 90 °F / 49 %RH, Wind: SW @ 7 mph Time: 3:49 pm AC Smart: 99.5 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start -up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefore, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. `Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- i temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 1 I Mixed air temp: °F (db) - i Refrigerant In temp: °F i Refrigerant Out temp: °F EEV (valve) position: (40 min. -1350 max.) Notes: a. This Cx test was not performed on cassette style units. DNT = Did Not Test - i `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- ' temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: i Fan Speed: High 3 1 P""Iss Time: 3:49 pm Mixed air temp: 67.6 °F (db) - Refrigerant In temp: 47.6 °F i Refrigerant Out temp: 49.9 °F EEV (valve) position: 165 (40 min. -600 max.) ' Notes: i a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -06 Page 1 2 of 3 Tom Green & Company Engineers, Inc. I Conduct `Cooling Mode' TAB I Return air temp/humidity: 65.1 °F 71.6%RH measurements/calculations and record results. Outside air temp/humidity: DNM DNM Mixed air temp/humidity: See notes below I Supply air temp/humidity: 52.0 °F 94.6%RH 4 Fail Fan speed setting: High Return air CFM: 634 Approx. % of Outside air: 0% Outside air CFM: - 56 CFM I a. Upon traverse of O/A, reverse airflow was observed and therefore, design outside airflow is not being obtained. This condition was typical for all cassette style units. The LG Engineering Manual states that 4 inline fans are required to push outdoor air to the indoor cassette unit to overcome the static pressure. Notes: I This building is not equipped with inline fans on the outside air ductwork. b. Supply airflow cannot be accurately measured on cassette style units. 5 c. Mixed air conditions could not be measured on cassette style units. 6 I Return all changed/adjusted control I Verify all IDUs are in auto mode. 5 parameters and conditions to their pre-test Pass values per as-found conditions. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS-06 Page I 3of3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-07 LG Service Too/ Identification: IDU-9 AC Smart Identification: Manager's Office Room(s) Served: Adopt. Cnsl 105, Storage 114A, Shelter Manager 131 COS Animal Adoption Center FPT— Variable Refrigerant Flow (VRF) Split Systems — DS-07 Page 11 of Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/issues Log. 1 All control system functions for this and all interlocking systems are programmed and operable per Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. - 3 ;Test and Balance (TAB) addressed for the system. Y - 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary , checks having already been performed by Contractors. 5 AC Smart is operational. Y - Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 i Record Ambient/Weather Conditions. i Actual: Pass - 82 °F / 64 %RH, Wind: SSE @ 5 mph Time: 1:30 pm AC Smart: 91 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start -up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefor, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. 'Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Time: 4:43 pm I Mixed air temp: 68.8 °F (db) mass - i Refrigerant In temp: 101.0 °F Refrigerant Out temp: 150.1'F EEV (valve) position: 300 (40 min. -1350 max.) 3 Conduct 'Heating Mode' TAB ;Return air temp /humidity: 79.5 °F / 71.1 %RH { measurements /calculations and record results. ° `' - i Supply air temp /humidity: 96.5 °F / 42.8 / °RH `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: Fan Speed: High 4 Time: 1:30 pm Mixed air temp: 67.0 °F (db) Pas,:.• - Refrigerant In temp: 46.3 °F Refrigerant Out temp: 56.0 °F EEV (valve) position: 177 (40 min. -600 max.) Notes: I a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -07 Page 1 2 of 3 Tom Green & Company Engineers, Conduct `Cooling Mode' TAB measurements /calculations and record results. 5 a. Design supply airflow of 425 CFM is exceeded. Notes: Return air temp /humidity: 66.0 °F / 71.0 %RH Outside air temp /humidity: 89.5 °F / 48.6 %RH Mixed air temp /humidity: 70.6 °F / 74.5 %RH Supply air temp /humidity: 56.0 °F / 96.5 %RH Fan speed setting: High Supply air CFM: 446 Approx. % of Outside air: 13% Outside air CFM: 59 CFM I b. Design outside airflow of 150 CFM is not being obtained. I "High -Heat Load Simulation ": Force all indoor I Spaces commanded to cooling properly meet units into `Heating Mode' for a duration of 30 I cooling setpoint. minutes to simulate a hot building. Command selected spaces to `Cooling Mode' to verify ;Laptop Service Tool: proper cooling of space is achieved. 6* Mixed air temp: 75.4 °F (db) Time: 8:01 pm i EEV (valve) position: 395 (40 min. -600 max.) Fail - 15 16 TAB: i Mixed air temp /humidity: 76.3 °F / 62.2 %RH Supply air temp /humidity: 61.8 *F / 94.8 %RH a. Mixed air temperature sensor feedback was not tracking with manual instrumentation measurement. This could be caused by a lag in sensor /instrument response times. Notes: b. VRF system struggled to meet zone cooling setpoint of 66 °F within a timeframe of 1 -hour, TGCE believes the struggle was caused by simultaneous cooling and heating demands (i.e., some zones calling for heat while some zones calling for cooling). Return all changed /adjusted control i Verify all IDUs are in auto mode. 7 parameters and conditions to their pre- test g;> values per as -found conditions. *Pass /Fail not assigned because conditions were not adequately represented by the test. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -07 Page 13 of 3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------ ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-08 L G Service Too/ Identification: ID U- I I AC Smart Identification: Admin Room(s) Served: Admin 1018, Lobby 102, Vestibule 103, Cat Adopt. 106 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS-08 P a 3 e 11 of 3 Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/issues Log. 1 I All control system functions for this and all interlocking systems are programmed and operable per I Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. - 3 ;Test and Balance (TAB) addressed for the system. Y - 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary , I checks having already been performed by Contractors. 5 AC Smart is operational. Y - Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 I Record Ambient/Weather Conditions. i Actual: Pass - 87 °F / 63 %RH, Wind: SSE @ 5 mph Time: 1:43 pm AC Smart: 93.7 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start -up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefor, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. 'Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Time: 4:43 pm I Mixed air temp: 70.6 °F (db) mass - i Refrigerant In temp: 105.9 °F I Refrigerant Out temp: 165.5 °F EEV (valve) position: 500 (40 min. -1350 max.) 3 Conduct 'Heating Mode' TAB ;Return air temp /humidity: 79.3 °F / 73.4 %RH { measurements /calculations and record results. ° `' - I Supply air temp /humidity: 106.3 °F / 33.7 / °RH `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- I temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: Fan Speed: High 4 Time: 1:42 pm Mixed air temp: 70.1'F (db) Pas,:.• - Refrigerant In temp: 50.6 °F I Refrigerant Out temp: 54.2 °F EEV (valve) position: 174 (40 min. -600 max.) Notes: I a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -08 Page 1 2 of 3 Tom Green & Company Engineers, 5 Notes: 6* Notes: 7 Conduct `Cooling Mode' TAB measurements /calculations and record results. Return air temp /humidity: 68.0 °F / 71.1 %RH Outside air temp /humidity: 89.6 °F / 48.2 %RH Mixed air temp /humidity: 74.1 °F / 67.1 %RH Supply air temp /humidity: 54.5 °F / 100 %RH Fan speed setting: High Supply air CFM: 630 Approx. % of Outside air: 10% Outside air CFM: 65 CFM a. Design supply airflow of 1335 CFM is not being obtained. b. Design outside airflow of 485 CFM is not being obtained. "High -Heat Load Simulation ": Force all indoor I Spaces commanded to cooling properly meet units into `Heating Mode' for a duration of 30 i cooling setpoint. minutes to simulate a hot building. Command selected spaces to `Cooling Mode' to verify ;Laptop Service Tool: proper cooling of space is achieved. Mixed air temp: 79.1 °F (db) EEV (valve) position: 331 (40 min. -600 max.) Time: 7:44 pm Fail - 17 18 TAB: i Mixed air temp /humidity: 77.0 °F / 55.3 %RH Supply air temp /humidity: 58.5 *F / 90.0 %RH a. Mixed air temperature sensor feedback was not tracking with manual instrumentation measurement. This could be caused by a lag in sensor /instrument response times. b. VRF system struggled to meet zone cooling setpoint of 66 °F within a timeframe of 1 -hour, TGCE believes the struggle was caused by simultaneous cooling and heating demands (i.e., some zones calling for heat while some zones calling for cooling). Return all changed /adjusted control i Verify all IDUs are in auto mode. parameters and conditions to their pre- test g;> values per as -found conditions. *Pass /Fail not assigned because conditions were not adequately represented by the test. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -08 Page 13 of 3 Tom Green & Company Engineers, FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro -Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS - -- ------------------------------------------------------------------------------------------- r--[--------------------------- - - - - -- ------------------------------------------------------------------------------------------------*-------------------------------- Yin Ling Ng, PE TGCE - - - - - -- ----------------------------------------------------------------------------------------*------------------------------ Ty { ,+X r S +.f ilk? - - - - -- «..� }., -. -------------------------------------------------------------------------------------- i t: �. F.:::Ii { t„ �,r ;i3. �., ,re - - - - -- --*-------------------------------- F... YFV Greg Maxwell, LEED AP i TGCE t +------------------------------------ - Phil Gaudreau i COS - - - - -- ----------------------------------------------------------------------------- - - - - -- -- t-------------------------- - - - - -- -------------------------------------------------------------------------------------- - - - - -- --t-------------------------------- Brenda Spinelli i COS t----------------------------- --- 3-------------------------------------------------------------------------------------------- .di!. - - - - -- ------------------------------------------------------------------------------------------------*------------------------------------ Chad Lonsberry i COS ------------------------------------------------------------------------------------------ - - - - -* ---------------------------- - - - - -- -------------------------------------------------------------------------------------- - - - - -- --+-------------------------------- Victor Rodriguez ATI -------------------------------------------------------------------------------------- - - - - -- --*-------------------------- - - - - -- ------------------------------------------------------------------------------------------ - - - - -- -------------------------------- Damien Albiter i ATI t+-------------------------------- - - - - - -- ---------------------------------------------------------------------------------- - - - - -- ----------------------------- - - - - -- -------------------------------------------------------------------------------------- - - - - -- --+-------------------------------- ------------------------------------------------------------------------------------- - - - - -- --*----------------------------- - - - - -- ------------------------------------------------------------------------------------------------+-------------------------------- Equipment Included Equipment #: DS -09 LG Service Tool Identification: IDU -12 AC Smart Identification: Lobby Room(s) Served: Vestibule 100, Adoption Lobby 101, Adopt. Serv. 101A, Dog Display 107, Get Acquainted Room 108, Men's RR 109, Women's RR 110 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -09 P a g e 11 of 3 Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/Issues Log. 1 I All control system functions for this and all interlocking systems are programmed and operable per I Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. - 3 ;Test and Balance (TAB) addressed for the system. Y - 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary , I checks having already been performed by Contractors. 5 AC Smart is operational. Y - Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 I Record Ambient/Weather Conditions. i Actual: Pass - 86 °F / 56 %RH, Wind: WSW @ 5 mph Time: 2:15 pm AC Smart: 95.9 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start -up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefor, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. 'Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Time: 4:45 pm I Mixed air temp: 71.2 °F (db) mass - i Refrigerant In temp: 105.1 °F I Refrigerant Out temp: 161.3 °F EEV (valve) position: 440 (40 min. -1350 max.) 3 Conduct 'Heating Mode' TAB ;Return air temp /humidity: 80.8 °F / 68.5 %RH { measurements /calculations and record results. ° `' - I Supply air temp /humidity: 106.7 °F / 33.3 / °RH `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- I temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: Fan Speed: High 4 Time: 2:15 pm Mixed air temp: 68.8 °F (db) Pas,:.• - Refrigerant In temp: 51.2 °F Refrigerant Out temp: 56.6 °F EEV (valve) position: 176 (40 min. -600 max.) Notes: I a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -09 Page 1 2 of 3 Tom Green & Company Engineers, 5 Notes: 6* Notes: 7 Conduct `Cooling Mode' TAB measurements /calculations and record results. Return air temp /humidity: 68.4 °F / 67.3 %RH Outside air temp /humidity: 93.2 °F / 43.7 %RH Mixed air temp /humidity: 79.8 °F / 68.8 %RH Supply air temp /humidity: 57.7 °F / 94.5 %RH Fan speed setting: High Supply air CFM: 772 Approx. % of Outside air: 16% Outside air CFM: 123 CFM a. Design supply airflow of 1635 CFM is not being obtained. b. Design outside airflow of 500 CFM is not being obtained. "High -Heat Load Simulation ": Force all indoor I Spaces commanded to cooling properly meet units into `Heating Mode' for a duration of 30 I cooling setpoint. minutes to simulate a hot building. Command selected spaces to `Cooling Mode' to verify ;Laptop Service Tool: proper cooling of space is achieved. Mixed air temp: 77.2 °F (db) Time: 7:30 pm EEV (valve) position: 415 (40 min. -600 max.) Fail - 19 20 TAB: i Mixed air temp /humidity: 77.5 °F / 60.9 %RH Supply air temp /humidity: 59.7 *F / 91.6 %RH a. Mixed air temperature sensor feedback was not tracking with manual instrumentation measurement. This could be caused by a lag in sensor /instrument response times. b. VRF system struggled to meet zone cooling setpoint of 66 °F within a timeframe of 1 -hour, TGCE believes the struggle was caused by simultaneous cooling and heating demands (i.e., some zones calling for heat while some zones calling for cooling). Return all changed /adjusted control i Verify all IDUs are in auto mode. parameters and conditions to their pre- test g;> values per as -found conditions. *Pass /Fail not assigned because conditions were not adequately represented by the test. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -09 Page 13 of 3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-10 LG Service Too/ Identification: IDU-10 AC Smart Identification: Retail Dog Room(s) Served: Retail Dog Adopt. 112, Corridor 113, Puppy Adoption 115, Staff TIR 120 COS Animal Adoption Center FPT— Variable Refrigerant Flow (VRF) Split Systems — DS-10 P a 3 e 11 of 3 Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assist/issues Log. 1 I All control system functions for this and all interlocking systems are programmed and operable per I Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. - 3 ;Test and Balance (TAB) addressed for the system. Y - 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary , I checks having already been performed by Contractors. 5 AC Smart is operational. Y - Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter note /deficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 I Record Ambient/Weather Conditions. i Actual: Pass - 85 °F / 57 %RH, Wind: SSE @ 6 mph Time: 2:03 pm AC Smart: 93.7 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start -up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system heat rejection and therefor, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor only reads temperature. 'Heating Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Time: 4:45 pm I Mixed air temp: 71.2 °F (db) mass - i Refrigerant In temp: 101.9 °F I Refrigerant Out temp: 151.8 °F EEV (valve) position: 244 (40 min. -1350 max.) 3 Conduct 'Heating Mode' TAB ;Return air temp /humidity: 75.7 °F / 54.5 %RH { measurements /calculations and record results. ° `' - I Supply air temp /humidity: 94.8 °F / 36.7 / °RH `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- I temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: Fan Speed: High 4 Time: 2:03 pm Mixed air temp: 71.2 °F (db) Pas,:.• - Refrigerant In temp: 48.2 °F Refrigerant Out temp: 56.6 °F EEV (valve) position: 185 (40 min. -600 max.) Notes: I a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -10 Page 1 2 of 3 Tom Green & Company Engineers, 5 Notes: 6* Notes: 7 Conduct `Cooling Mode' TAB measurements /calculations and record results. Return air temp /humidity: 70.5 °F / 63.4 %RH Outside air temp /humidity: 92.8 °F / 43.3 %RH Mixed air temp /humidity: 74.3 °F / 72.4 %RH Supply air temp /humidity: 58.2 °F / 93.6 %RH Fan speed setting: High Supply air CFM: 383 Approx. % of Outside air: 15% Outside air CFM: 57 CFM a. Design supply airflow of 425 CFM is not being obtained. b. Design outside airflow of 150 CFM is not being obtained. "High -Heat Load Simulation ": Force all indoor I Spaces commanded to cooling properly meet units into `Heating Mode' for a duration of 30 I cooling setpoint. minutes to simulate a hot building. Command selected spaces to `Cooling Mode' to verify ;Laptop Service Tool: proper cooling of space is achieved. Mixed air temp: 73.5 °F (db) Time: 7:30 pm EEV (valve) position: 245 (40 min. -600 max.) Fail - 21 22 TAB: i Mixed air temp /humidity: 81.2 °F / 51.0 %RH Supply air temp /humidity: 59.2 *F / 91.7 %RH a. Mixed air temperature sensor feedback was not tracking with manual instrumentation measurement. This could be caused by a lag in sensor /instrument response times. b. VRF system struggled to meet zone cooling setpoint of 66 °F within a timeframe of 1 -hour, TGCE believes the struggle was caused by simultaneous cooling and heating demands (i.e., some zones calling for heat while some zones calling for cooling). Return all changed /adjusted control i Verify all IDUs are in auto mode. parameters and conditions to their pre- test g;> values per as -found conditions. *Pass /Fail not assigned because conditions were not adequately represented by the test. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -10 Page 13 of 3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS -11 LG Service Too/ Identification: IDU-3 AC Smart Identification: Cat Intake Room(s) Served: Stray Cat Holding 128 COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -19 P a g e 11 of 3 Tom Green & Company Engineers, Inc. Pre - requisite Checklist Mark `Y' if the item is complete /acceptable. If not, mark M and enter note /deficiency on Cx Assistllssues Log. 1 All control system functions for this and all interlocking systems are programmed and operable per Contract Documents, including final setpoints and schedules set in AC Smart controller. 2 Pre - Functional Performance Checklists (PFPCs) are addressed for the specific system. 3 ;Test and Balance (TAB) addressed for the system. °° 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary Y checks having already been performed by Contractors. 5 AC Smart is operational. Y Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter noteldeficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. I has been established. 1 Record Ambient/Weather Conditions. Actual: Dr,.i_T - F-ITWI 111.. ,I a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = Notes: I DS -01). The LG software is unable to rename IDU addresses as it auto - assigns during system start -up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. `Heating Mode': Force /Override space Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: 2 Mixed air temp: °F (db) - i Refrigerant In temp: °F Refrigerant Out temp: °F EEV (valve) position: (40 min. -1350 max.) Notes: a. This Cx test was not performed on cassette style units. DNT = Did Not Test - `Cooling Mode': Force /Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: Fan Speed: High 3 Mixed air temp: °F (db) Refrigerant In temp: °F Refrigerant Out temp: °F EEV (valve) position: (40 min. -600 max.) Notes: ! a. EEV (electronic expansion valve) was found failed - Unit is currently not cooling and could not be 23 commissioned. DNT = Did Not Test COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -19 Page 12of3 Tom Green & Company Engineers, Inc. I Conduct `Cooling Mode' TAB I Return air temp/humidity: T %RH measurements/calculations and record results. Outside air temp/humidity: T %RH Mixed air temp/humidity: 'F 1 %RH I Supply air temp/humidity: T %RH 1 4 Fan speed setting: Return air CFM: Approx. % of Outside air: % I Outside air CFM: I Return all changed /adjusted control I Verify all IDUs are in auto mode. 5 parameters and conditions to their pre-test values per as-found conditions. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -19 Page 13of3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-12 LG Service Too/ Identification: IDU-4 AC Smart Identification: Training Room(s) Served: Training 114 COS Animal Adoption Center FPT— Variable Refrigerant Flow (VRF) Split Systems — DS-12 Page 11 of Tom Green & Company Engineers, Inc. Pre-requisite Checklist Mark Yif the item is complete /acceptable. If not, mark `M and enter note /deficiency on Cx Assistlissues Log. 1 i All control system functions for this and all interlocking systems are programmed and operable per,. Contract Documents, including final setpoints; and schedules set in AC Smart controller. 2 Pre-Functional Performance Checklists (PFPCs) are addressed for the specific system. 3 Test and Balance (TAB) addressed for the system. Y 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary Y checks having already been performed by Contractors. 5 AC Smart is operational. Y Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter noteldeficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. , has been established. I Record Ambient/Weather Conditions. i Actual: Pass - 88 °F / 52%RH, Wind: SSW @ 5 mph Time: 2:59 pm AC Smart: 96.6 °F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU-2 DS-01). The LG software is unable to rename IDU addresses as it auto-assigns during system start-up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system I heat rejection and therefore, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor on ly reads temperature. I 'Heating Mode': Force/Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: T 2 1 I Mixed air temp: 'F (db) I Refrigerant In temp: 'F I Refrigerant Out temp: 'F EEV (valve) position: (40 min.-1350 max.) Notes: a. This Cx test was not performed on cassette style units. DNT = Did Not Test I 'Cooling Mode': Force/Override space I Does AC Smart show Temp change. After a 15- I temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: I Fan Speed: High 3 1 P""Iss Time: 3:00 pm Mixed air temp: 67.6 °F (db) Refrigerant In temp: 47.6 °F Refrigerant Out temp: 54.2 °F EEV (valve) position: 184 (40 min.-600 max.) COS Animal Adoption Center FPT— Variable Refrigerant Flow (VRF) Split Systems — DS-12 Page 12of3 Tom Green & Company Engineers, Inc. I Conduct `Cooling Mode' TAB I Return air temp/humidity: 63.8 °F 76.8%RH measurements/calculations and record results. Outside air temp/humidity: DNM DNM Mixed air temp/humidity: See notes below I Supply air temp/humidity: 49.7 °F 99.0%RH 4 Fail Fan speed setting: High Return air CFM: 406 Approx. % of Outside air: 0% Outside air CFM: - 43 CFM I a. Upon traverse of O/A, reverse airflow was observed and therefore, design outside airflow is not being obtained. This condition was typical for all cassette style units. The LG Engineering Manual states that 4 inline fans are required to push outdoor air to the indoor cassette unit to overcome the static pressure. Notes: I This building is not equipped with inline fans on the outside air ductwork. b. Supply airflow cannot be accurately measured on cassette style units. 5 c. Mixed air conditions could not be measured on cassette style units. 6 I Return all changed/adjusted control I Verify all IDUs are in auto mode. 5 parameters and conditions to their pre-test Pass values per as-found conditions. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -12 Page I 3of3 Tom Green & Company Engineers, Inc. FUNCTIONAL PERFORMANCE TEST VARIABLE REFRIGERANT FLOW (VRF) SPLIT SYSTEMS Owner I City of Schertz Date 6/23/20 Project I Animal Adoption Center Retro-Cx Project # 1393.00 Personnel Present Tom Green, PE i TGCE Daniel Fitzpatrick i TAS ----- ------------------------------------------------------------------------------------------- r ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ V Yin Ling Ng, PE TGCE ------- ---------------------------------------------------------------------------------------- X I " Oilk? ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ - IV Greg Maxwell, LEED AP i TGCE ------------------------------------------------------------------------------------------------ ------------------------------------ 'P ---------------------------------------------------------------------------------------- ------------------------------------ Phil Gaudreau i Cos --------- --------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------ ------------------------------------ Brenda Spinelli I Cos -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Chad Lonsberry I Cos --------------------------------------------------------------------- - — — -------------------- ----------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ Victor Rodriguez ATI ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- ------------------------------------ 0 D Damien Albiter i ATI ------------------------------------------------------------------------------------------------ ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------- ---------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------- ------------------------------------ Equipment Included Equipment #: DS-13 LG Service Too/ Identification: IDU-5 AC Smart Identification: Break Room Room(s) Served: Break Room 118 COS Animal Adoption Center FPT— Variable Refrigerant Flow (VRF) Split Systems — DS-13 Page 11 of Tom Green & Company Engineers, Inc. Pre-requisite Checklist Mark Yif the item is complete /acceptable. If not, mark `M and enter note /deficiency on Cx Assistlissues Log. 1 i All control system functions for this and all interlocking systems are programmed and operable per,. Contract Documents, including final setpoints; and schedules set in AC Smart controller. 2 Pre-Functional Performance Checklists (PFPCs) are addressed for the specific system. 3 Test and Balance (TAB) addressed for the system. Y 4 These Functional Performance Test (FPT) procedures have been reviewed, with select preliminary Y checks having already been performed by Contractors. 5 AC Smart is operational. Y Test Procedure Check each item as verified. Adjust specified time delays as directed by CxA at time of testing. Enter noteldeficiency on Cx Assist/ Issues Log. Verify communication, all IDUs are on AC Smart I Front end communication with system equipment control screen. , has been established. I Record Ambient/Weather Conditions. i Actual: Pass - 89 °F / 50%RH, Wind: SSW @ 6 mph Time: 3:30 pm AC Smart: 101.1'F a. IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU-2 DS-01). The LG software is unable to rename IDU addresses as it auto-assigns during system start-up. 1 TGCE and TAS had to investigate via thermostat mapping in order to identify all systems. Notes: b. The AC Smart outside air sensor is located within the condensing unit cabinet which is picking up system I heat rejection and therefore, is not an accurate representation of true ambient conditions. Additionally, the 2 sensor on ly reads temperature. I 'Heating Mode': Force/Override space I Does AC Smart show Temp change. After a 15- temperature setpoint to 84 °F from space (room) I minute period, record the following AC Smart temperature sensor. I sensor feedback: T 2 1 I Mixed air temp: 'F (db) I Refrigerant In temp: 'F I Refrigerant Out temp: 'F EEV (valve) position: (40 min.-1350 max.) Notes: a. This Cx test was not performed on cassette style units. DNT = Did Not Test I 'Cooling Mode': Force/Override space I Does AC Smart show Temp change. After a 15- 1 I temperature setpoint to 64 °F from space (room) minute period, record the following AC Smart temperature sensor. I sensor feedback: I Fan Speed: High 3 1 P""Iss Time: 3:30 pm Mixed air temp: 67.6 °F (db) Refrigerant In temp: 46.9 °F Refrigerant Out temp: 55.4 °F EEV (valve) position: 126 (40 min.-600 max.) a. Measurements were taken at 66 °F setpoint in lieu of 64 °F. Notes: b. Observed excessive fan noise. Texas Air Systems believes the noise is caused by failing fan motor. i 3 COS Animal Adoption Center FPT— Variable Refrigerant Flow (VRF) Split Systems — DS-13 Page 12of3 Tom Green & Company Engineers, Inc. I Conduct `Cooling Mode' TAB I Return air temp/humidity: 64.6 °F 70.2%RH measurements/calculations and record results. Outside air temp/humidity: DNM DNM Mixed air temp/humidity: See notes below I Supply air temp/humidity: 53.6 °F 1 00%RH 4 Fail Fan speed setting: High Return air CFM: 514 Approx. % of Outside air: 0% Outside air CFM: - 27 CFM I a. Upon traverse of O/A, reverse airflow was observed and therefore, design outside airflow is not being obtained. This condition was typical for all cassette style units. The LG Engineering Manual states that 4 inline fans are required to push outdoor air to the indoor cassette unit to overcome the static pressure. Notes: I This building is not equipped with inline fans on the outside air ductwork. b. Supply airflow cannot be accurately measured on cassette style units. 5 c. Mixed air conditions could not be measured on cassette style units. 6 I Return all changed/adjusted control I Verify all IDUs are in auto mode. 5 parameters and conditions to their pre-test Pass values per as-found conditions. - END OF TEST - COS Animal Adoption Center FPT — Variable Refrigerant Flow (VRF) Split Systems — DS -13 Page I 3of3 Appendix C TEST AND BALANCE (TAB) REPORT r% %aERTIFIED TEST, ADJUST, D BALANCE REPORT W-M.311mr. ME DATE: 6/25/20 ADDRESS: 800 COMMUNITY CIRCLE SCHERTZ, TX 78156 FTITZ l ENGINEER: N/A mvzaq• -, • M TAB FIRM: AIR TECHNOLOGIES, INC. P. • BOX 129 MANCHACA, TX 78652-0129 Phone: (512) 280-3398 WC 'HAEL J. HUBER MmMAJION 3035 s, Exp,,1/31/,'—,Il / R JECT: SCHERTZ ANIMAL ADOPTION ADDRESS: - TEXAS "THE DATA PRESENTED IN THIS REPORT IS A RECORD OF SYSTEM MEASUREMENTS AND FINAL ADJUSTMENTS THAT HAVE BEEN OBTAINED IN ACCORDANCE WITH THE CURRENT EDITION OF THE NEBB PROCEDURAL STANDARDS FOR TESTING, ADJUSTING, AND BALANCING OF ENVIRONMENTAL SYSTEMS. ANY VARIANCES FROM DESIGN QUANTITIES, WHICH EXCEED NEBB TOLERANCES, ARE NOTED IN THE TEST- ADJUST- BALANCE REPORT PROJECT SUMMARY." ADJUSTMENTS MADE IN ACCORDANCE WITH NEBB "PROCEDURAL STANDARDS FOR TESTING, ADJUSTING, BALANCING OF ENVIRONMENTAL SYSTEMS" AND THE PROJECT SPECIFICATIONS. NEBB TAB FIRM AIR TECHNOLOGIES, INC. REG. NO. 3035 CERTIFIED BY MICHAEL J. HUBER DATE 6/25120 NEBB TAB FIRM AIR TECHNOLOGIES, INC. REG. NO. 3035 TAB SUPERVISOR MICHAEL J. HUBER DATE 6/25/20 SIGNATURE CERTIFICATION EXPIRATION DATE 3/31/2021 =. J, HUBER 13,031,15 Exp 3/3 1/21 �'10 INSTRUMENTATION & ABBREVIATIONS PROJECT SUMMARY SYSTEM DIAGRAMS FAN COIL UNITS CASSETTE UNITS EXHAUST SYSTEMS PAGE 1 3 4 7 48 58 INSTRUMENT CALIBRATION REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER INSTRUMENT / SERIAL # APPLICATION DATES OF USE CALIBRATION DATE SHORTRIDGE ADM / M98217 VELOCITY/ DIFF. PRESS. 6/23120 4/29/20 SHORTRIDGE FLOWHOOD / Ml 9285 AIRFLOW / CFM 6/23/20 6/25/19 DATE: 6/23/20 READINGS BY: VR / DA 1 ABBREVIATIONS and NOTATIONS ACT. ACTUAL MAX. FC MAXIMUM FLOW CORRECTION FACTOR AF AIRFOIL FAN WHEEL MIN. MINIMUM AHU AIR HANDLING UNIT MIN. FC MINIMUM FLOW CORRECTION FACTOR AVG. AVERAGE ML MIXING LATERAL AX AXIAL FAN WHEEL MD MOTORIZE DAMPER BC BACKWARD CURVE (FAN BLADE TYPE) N/A NOT APPLICABLE BI BACKWARD INCLINE (FAN BLADE TYPE) NG NOT GIVEN CD CEILING DIFFUSER NO. NUMBER CF CORRECTION FACTOR O.D. OUTSIDE DIAMETER CFM CUBIC FEET PER MINUTE O/A OUTSIDE AIR DB DRY BULB OBD OPPOSED BLADE DAMPER DDC DIRECT DIGITAL CONTROLS ODP OPEN DRIP PROOF DES. DESIGN PD PITCH DIAMETER DIA. DIAMETER PERF. PERFORATED DIFF. DIFFERENTIAL PF PERFORMANCE FACTOR DISP. DISPOSABLE PG PICKUP GAIN Ah DIFFERENTIAL ENTHALAPY PRD PRESSURE DEPENDENT TERMINAL UNIT OP DIFFERENTIAL PRESSURE PRI PRESSURE INDEPENDENT TERMINAL UNIT AT DIFFERENTIAL TEMPERATURE CO COOLING ONLY E/A EXHAUST AIR RH COOLING W/ REHEAT EAT ENTERING AIR TEMPERTURE PFP PARALLEL FAN POWERED ENT ENTERING SFP SERIES FAN POWERED EXT EXTERNAL PROP PROPELLER (FAN BLADE TYPE) EXT. S.P. EXTERNAL STATIC PRESSURE PSI POUNDS PER SQUARE INCH F/S FIRE / SMOKE R/A RETURN AIR FC FORWARD CURVE (FAN BLADE TYPE) REFRIG. REFRIGERANT FCU FAN COIL UNIT RND ROUND FL FULL LOAD RPM REVOLUTIONS PER MINUTE FOC FULL OPEN CORRECTION FACTOR RTU ROOFTOP UNIT FPB FAN POWERED TERMINAL BOX S.P. STATIC PRESSURE FPM FEET PER MINUTE SA SUPPLY AIR FT. FEET Sc FLOW CALIBRATION FACTOR GPM GALLONS PER MINUTE SF SERVICE FACTOR H2O WATER SQ. FT. SQUARE FEET HG MERCURY SURF. SURFACE MOUNT DIFFUSER HP HORSEPOWER SW SIDEWALL DIFFUSER HRU HEAT RECOVERY UNIT TA TUBE AXIAL (FAN BLADE TYPE) HZ HERTZ TEMP. TEMPERATURE IN INCH(ES) VA VANE AXIAL FAN WHEEL KW KILOWATT VAV VARIABLE AIR VOLUME TERMINAL BOX LAT LEAVING AIR TEMPERATURE VDC VOLTS DIRECT CURRENT LID LINEAR DIFFUSER VFD VARIABLE FREQUENCY DRIVE LID LAY IN DIFFUSER VP VELOCITY PRESSURE LT LIGHT TROFFER DIFFUSER W.C. WATER COLUMN LVG LEAVING WASH. WASHABLE MAX. MAXIMUM WB WET BULB 2 PROJECT SUMMARY PROJECT: SCHERTZ ANIMAL ADOPTION CENTER DESCRIPTION: THE SCOPE OF WORK CONSISTED OF PERFORMING AN AUDIT OF THE HVAC SYSTEMS AIR QUANTITIES AND PRESSURES IN AN EFFORT TO AID IN TROUBLESHOOTING OF INDOOR COMFORT COMPLAINTS. THE SYSTEMS TESTED CONSIST OF 13 SPLIT DX FAN COIL UNITS THAT ARE PART OF A VARIABLE REFRIGERANT SYSTEM ALONG WITH 3 EXHAUST FANS AND ALL ASSOCIATED AIR DEVICES. TESTING PROCEDURES FAN COIL UNITS EACH FAN COIL UNIT SUPPLY AIR SYSTEM WAS TRAVERSED TO DETERMINE TOTAL CFM. SUPPLY OUTLET AIRFLOWS WERE MEASURED AND RECORDED VIA FLOW HOOD READINGS. OUTSIDE AIR AND STATIC PRESSURES WERE ALSO MEASURED AND RECORDED. EXHAUST SYSTEMS WERE TESTED IN A SIMILAR MANNER. ALL AIR TEMPERATURES MEASURED WERE RECORDED ELSEWHERE BY THE COMMISSIONING TEAM. 3 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: LOCATION: MEZZANINE AREA SERVED: UNIT DATA Make/Type LG / FC Model No. ARNU183BHA2 Serial No. 306KAAE0008 Arrangement 1 Discharge HORIZONTAL Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE No. Belts /Make /Size DIRECT DRIVE No. Filters/Type/Size 1 Static Press. Set point N/A TEST DATA DESIGN ACTUAL Total CFM 454 272 Outlet CFM 550 232 Fan RPM DIRECT DRIVE DIRECT DRIVE DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Motor Volts 1 1 HIGH Static Press. Set point N/A Motor Amps 1 1 Filters Diff. S.P. NOT GIVEN 1 Outside Air CFM 195 65 Return Air CFM 355 207 R/A Damper Pos. NOT GIVEN 1 AIR APPARATUS TEST REPORT DS -02 VARIOUS AREAS MOTOR DATA Make /Frame 1 H.P. /RPM 1 Volts /Phase /Hertz 1 F.L. Amps/S.F. 1 Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Sheave Operating P.D. DIRECT DRIVE Motor Speed HIGH Static Press. Set point N/A TEST DATA DESIGN ACTUAL Discharge S.P. NOT GIVEN 1 Suction S.P. NOT GIVEN 1 Total S.P. NOT GIVEN 1 Ext. S.P. NOT GIVEN 2 .49 Reheat Coil Diff. S.P. N/A N/A Cooling Coil Diff. S.P. NOT GIVEN 1 Preheat Coil Diff. S.P. N/A N/A Filters Diff. S.P. NOT GIVEN 1 O/A Damper Pos. NOT GIVEN 1 R/A Damper Pos. NOT GIVEN 1 REMARKS: (1) DATA AND READINGS NOT OBTAINED. (2) ENTERING STATIC PRESSURE WAS OBTAINED DOWNSTREAM OF FILTER. TEST DATE: READINGS BY: TAB AT -3 6/23/20 VR /DA 7 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -02 AIRSTREAM: TOTAL SUPPLY DUCT REQUIRED ACTUAL WIDTH 10 SQ FT 0.83 FPM 660 CFM 550 FPM 326 CFM 272 HEIGHT 12 S.P. 0.01 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 347 321 264 0 2 410 398 469 309 3 397 455 344 531 4 300 359 317 0 5 6 7 8 9 10 11 12 13 1454 1533 1394 840 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 5221 16 326 0.83 272 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA E:3 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -02 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 8 "(DIA) SQ FT 0.349 FPM 559 CFM 195 FPM 185 CFM 65 S.P. -0.04 VERTICAL TOTAL 1109 TOTALFPM 2223 NO. READINGS 12 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AVG. FPM 185 X SQ. FT. 0.349 = CFM 65 4 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -02 AIRSTREAM: RETURN AIR DUCT REQUIRED ACTUAL WIDTH 8 SQ FT 0.44 FPM 630 CFM 280 FPM 320 CFM 142 HEIGHT 8 S.P. -0.05 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 185 317 303 161 2 384 417 359 327 3 313 402 380 309 4 299 391 365 215 5 6 7 8 9 10 11 12 13 1181 1527 1407 1012 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 5127 16 320 0.44 142 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA i[7 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: DS -02 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM GROOMING INT. 126 1 LID 8 140 50 50 36% CORRIDOR 116B 2 LID 10 270 119 119 44% E. RM. / FREEZER 125 3 LID 8 140 63 63 45% 550 232 232 42% E. RM. / FREEZER 125 R1 LID 8X8 NOT GIVEN 126 126 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 11 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: LOCATION: MEZZANINE AREA SERVED: UNIT DATA Make/Type LG / FC Model No. ARNU123BHA2 Serial No. 303KANY00151 Arrangement 1 Discharge HORIZONTAL Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE No. Belts /Make /Size DIRECT DRIVE No. Filters/Type/Size 1 Static Press. Set point N/A TEST DATA DESIGN ACTUAL Total CFM 425 260 Outlet CFM 430 246 Fan RPM DIRECT DRIVE DIRECT DRIVE DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Motor Volts 1 1 HIGH Static Press. Set point N/A Motor Amps 1 1 Filters Diff. S.P. NOT GIVEN 1 Outside Air CFM 150 99 Return Air CFM 280 161 R/A Damper Pos. NOT GIVEN 1 AIR APPARATUS TEST REPORT DS -03 VARIOUS AREAS MOTOR DATA Make /Frame 1 H.P. /RPM 1 Volts /Phase /Hertz 1 F.L. Amps/S.F. 1 Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Sheave Operating P.D. DIRECT DRIVE Motor Speed HIGH Static Press. Set point N/A TEST DATA DESIGN ACTUAL Discharge S.P. NOT GIVEN 1 Suction S.P. NOT GIVEN 1 Total S.P. NOT GIVEN 1 Ext. S.P. NOT GIVEN 2 .48 Reheat Coil Diff. S.P. N/A N/A Cooling Coil Diff. S.P. NOT GIVEN 1 Preheat Coil Diff. S.P. N/A N/A Filters Diff. S.P. NOT GIVEN 1 O/A Damper Pos. NOT GIVEN 1 R/A Damper Pos. NOT GIVEN 1 REMARKS: (1) DATA AND READINGS NOT OBTAINED. (2) ENTERING STATIC PRESSURE WAS OBTAINED DOWNSTREAM OF FILTER. TEST DATE: 6/23/20 READINGS BY: VR / DA m TAB AT -3 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -03 AIRSTREAM: TOTAL SUPPLY DUCT REQUIRED ACTUAL WIDTH 10 SQ FT 0.69 FPM 619 CFM 430 FPM 375 CFM 260 HEIGHT 10 S.P. 0.11 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 370 370 346 379 2 381 435 383 398 3 330 4311 342 411 4 309 398 331 382 5 6 7 8 9 10 11 12 13 1390 1634 1402 1570 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 5996 16 375 0.69 260 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 13 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -03 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 764 CFM 150 FPM 503 CFM 99 S.P. -0.06 VERTICAL TOTAL 3239 TOTAL FPM 6030 NO. READINGS 12 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AVG. FPM 503 X SQ. FT. 0.196 = CFM 99 14 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -03 AIRSTREAM: RETURN AIR DUCT REQUIRED ACTUAL WIDTH 8 SQ FT 0.44 FPM 630 CFM 280 FPM 296 CFM 132 HEIGHT 8 S.P. -0.06 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 263 267 293 264 2 302 321 345 332 3 226 329 335 315 4 176 299 355 312 5 6 7 8 9 10 11 12 13 967 1216 1328 1223 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 4734 16 296 0.44 132 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 15 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: DS -03 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM CORRIDOR 116 1 LID 6 65 0 0 FOOD PREP 122 2 LID 6 115 75 75 65% LAUNDRY 119 3 LID 8 250 171 171 68% 430 246 246 57% FOOD PREP 122 R1 LID 8X8 70 90 90 129% LAUNDRY 119 R2 LID 8X8 NOT GIVEN 39 39 CORRIDOR 116 R3 LID 10X10 INOTGIVEN (1) NOT GIVEN 129 129 REMARKS: (1) EXISTING RETURN INLET IS NOT INSTALLED. TEST DATE: 6/23/20 READINGS BY: VR / DA PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT LOCATION: MEZZANINE AREA SERVED UNIT DATA Make/Type LG / FC Model No. ARNU123BHA2 Serial No. 303KAWQ00153 Arrangement 1 Discharge HORIZONTAL Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE No. Belts /Make /Size DIRECT DRIVE No. Filters/Type/Size 1 Static Press. Set point N/A TEST DATA DESIGN ACTUAL Total CFM 425 129 Outlet CFM 115 120 Fan RPM DIRECT DRIVE DIRECT DRIVE DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Motor Volts 1 1 HIGH Static Press. Set point N/A Motor Amps 1 1 Filters Diff. S.P. NOT GIVEN 1 Outside Air CFM 150 37 Return Air CFM 3 92 R/A Damper Pos. NOT GIVEN 1 REMARKS: (1) (2) (3) TEST DATE: READINGS BY: TAB AT -3 DATA AND READINGS NOT OBTAINED. AIR APPARATUS TEST REPORT DS -04 QUARANTINE 124 / JAN. / STOR. 121 MOTOR DATA Make /Frame 1 H.P. /RPM 1 Volts /Phase /Hertz 1 F.L. Amps/S.F. 1 Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Sheave Operating P.D. DIRECT DRIVE Motor Speed HIGH Static Press. Set point N/A TEST DATA DESIGN ACTUAL Discharge S.P. NOT GIVEN 1 Suction S.P. NOT GIVEN 1 Total S.P. NOT GIVEN 1 Ext. S.P. NOT GIVEN 2 .25 Reheat Coil Diff. S.P. N/A N/A Cooling Coil Diff. S.P. NOT GIVEN 1 Preheat Coil Diff. S.P. N/A N/A Filters Diff. S.P. NOT GIVEN 1 O/A Damper Pos. NOT GIVEN 1 R/A Damper Pos. NOT GIVEN 1 ENTERING STATIC PRESSURE WAS OBTAINED DOWNSTREAM OF FILTER. DESIGN OUTLET CFM IS LOWER THAN DESIGN OUTSIDE AIR CFM. 6/24/20 VR /DA 17 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -04 AIRSTREAM: TOTAL SUPPLY DUCT REQUIRED ACTUAL WIDTH 10 SQ FT 0.69 FPM 166 CFM 115 FPM 186 CFM 129 HEIGHT 10 S.P. 0.17 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 52 194 223 205 2 76 198 202 218 3 105 1971 245 206 4 172 235 247 200 5 6 7 8 9 10 11 12 13 405 824 917 829 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 2975 16 186 0.69 129 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA ff.*] ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -04 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 764 CFM 150 FPM 191 CFM 37 S.P. -0.03 VERTICAL TOTAL 1324 TOTAL FPM 2287 NO. READINGS 12 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AVG. FPM 191 X SQ. FT. 0.196 = CFM 37 7 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -04 AIRSTREAM: RETURN AIR DUCT REQUIRED ACTUAL WIDTH 10 SQ FT 0.83 FPM (1) CFM (1) FPM 75 CFM 62 HEIGHT 12 S.P. -0.02 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 63 77 87 75 2 77 93 88 83 3 63 701 66 78 4 55 68 73 81 5 6 7 8 9 10 11 12 13 258 308 314 317 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT 1197 16 75 0.83 REMARKS: (1) DESIGN OUTLET CFM LOWER THAN DESIGN OUTSIDE AIR CFM. TEST DATE: 6/23/20 READINGS BY: VR / DA = CFM 62 te7 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: DS -04 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM QUARANTINE 124 1 LID 6 75 84 84 112% JAN. / STOR. 121 2 LID 6 40 36 36 90% 115 120 120 104% CORRIDOR 116 R1 LID 1OX10X NOT GIVEN 75 75 REMARKS: (1) UNIT SCHEDULED FOR 425. TEST DATE: 6/23/20 READINGS BY: VR / DA 21 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -04 LOCATION /ZONE: MEZZANINE AIRSTREAM: OUTLET 1 INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 382 CFM 75 FPM 430 CFM 84 S.P. 0.05 VERTICAL TOTAL 2627 TOTAL FPM 5159 NO. READINGS 12 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AVG. FPM 430 X SO. FT. 0.196 = CFM 84 w PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT LOCATION: MEZZANINE AREA SERVED UNIT DATA Make/Type LG / FC Model No. ARNU073BHA2 Serial No. 304KAKN00013 Arrangement 1 Discharge HORIZONTAL Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE No. Belts /Make /Size DIRECT DRIVE No. Filters/Type/Size 1 Static Press. Set point N/A TEST DATA DESIGN ACTUAL Total CFM 245 369 Outlet CFM 270 335 Fan RPM DIRECT DRIVE DIRECT DRIVE DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Motor Volts 1 1 HIGH Static Press. Set point N/A Motor Amps 1 1 Filters Diff. S.P. NOT GIVEN 1 Outside Air CFM 90 136 Return Air CFM 180 233 R/A Damper Pos. NOT GIVEN 1 AIR APPARATUS TEST REPORT DS -05 VARIOUS AREAS MOTOR DATA Make /Frame 1 H.P. /RPM 1 Volts /Phase /Hertz 1 F.L. Amps/S.F. 1 Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Sheave Operating P.D. DIRECT DRIVE Motor Sp eed HIGH Static Press. Set point N/A TEST DATA DESIGN ACTUAL Discharge S.P. NOT GIVEN 1 Suction S.P. NOT GIVEN 1 Total S.P. NOT GIVEN 1 Ext. S.P. NOT GIVEN 2 .33 Reheat Coil Diff. S.P. N/A N/A Cooling Coil Diff. S.P. NOT GIVEN 1 Preheat Coil Diff. S.P. N/A N/A Filters Diff. S.P. NOT GIVEN 1 O/A Damper Pos. NOT GIVEN 1 R/A Damper Pos. NOT GIVEN 1 REMARKS: (1) DATA AND READINGS NOT OBTAINED. (2) ENTERING STATIC PRESSURE WAS OBTAINED DOWNSTREAM OF FILTER. TEST DATE: READINGS BY TAB AT -3 6/23/20 VR /DA 23 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -05 AIRSTREAM: TOTAL SUPPLY DUCT REQUIRED ACTUAL WIDTH 8 SQ FT 0.44 FPM 608 CFM 270 FPM 830 CFM 369 HEIGHT 8 S.P. 0.13 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 991 974 1003 816 2 965 700 802 820 3 805 697 729 790 4 904 747 782 753 5 6 7 8 9 10 11 12 13 3665 3118 3316 3179 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 13278 16 830 0.44 369 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 24 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -05 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 458 CFM 90 FPM 694 CFM 136 S.P. -0.10 VERTICAL TOTAL 4244 TOTAL FPM 8327 NO. READINGS 12 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AVG. FPM 694 X SQ. FT. 0.196 = CFM 136 25 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -05 AIRSTREAM: RETURN AIR DUCT REQUIRED ACTUAL WIDTH 8 SQ FT 0.44 FPM 80 CFM 180 FPM 374 CFM 166 HEIGHT 8 S.P. -0.05 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 212 424 341 320 2 390 414 443 372 3 405 3261 477 366 4 311 380 455 342 5 6 7 8 9 10 11 12 13 1318 1544 1716 1400 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 5978 16 374 0.44 166 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: DS -05 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM CAT. QUA. 129 1 LID 6 30 100 100 333% CORRIDOR 116C 2 LID 6 60 55 55 92% SUPP. ADOPT 130 3 LID 6 100 115 115 115% CORRIDOR 116C 4 LID 6 80 65 65 81% 270 335 335 124% CORRIDOR 116C R1 LID 8X8 NOT GIVEN 96 CORRIDOR 116C R2 LID 8X8 NOT GIVEN 75 NOT GIVEN 171 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 27 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: LOCATION: MEZZANINE AREA SERVED: UNIT DATA Make/Type LG / FC Model No. ARNU123BHA2 Serial No. 303KAN00149 Arran ement 1 Discharge HORIZONTAL Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE No. Belts /Make /Size DIRECT DRIVE No. Filters/Type/Size 1 Static Press. Set point N/A TEST DATA DESIGN ACTUAL Total CFM 425 446 Outlet CFM 420 427 Fan RPM DIRECT DRIVE DIRECT DRIVE DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Motor Volts 1 1 HIGH Static Press. Set point N/A Motor Amps 1 1 Filters Diff. S.P. NOT GIVEN 1 Outside Air CFM 150 59 Return Air CFM 270 387 R/A Damper Pos. NOT GIVEN 1 AIR APPARATUS TEST REPORT DS -07 VARIOUS AREAS MOTOR DATA Make /Frame 1 H.P. /RPM 1 Volts /Phase /Hertz 1 F.L. Amps/S.F. 1 Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Sheave Operating P.D. DIRECT DRIVE Motor Speed HIGH Static Press. Set point N/A TEST DATA DESIGN ACTUAL Discharge S.P. NOT GIVEN 1 Suction S.P. NOT GIVEN 1 Total S.P. NOT GIVEN 1 Ext. S.P. NOT GIVEN 2 .43 Reheat Coil Diff. S.P. N/A N/A Cooling Coil Diff. S.P. NOT GIVEN 1 Preheat Coil Diff. S.P. N/A N/A Filters Diff. S.P. NOT GIVEN 1 O/A Damper Pos. NOT GIVEN 1 R/A Damper Pos. NOT GIVEN 1 REMARKS: (1) DATA AND READINGS NOT OBTAINED. (2) ENTERING STATIC PRESSURE WAS OBTAINED DOWNSTREAM OF FILTER. TEST DATE: READINGS BY: TAB AT -3 6/23/20 VR /DA Kt3 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -07 AIRSTREAM: TOTAL SUPPLY DUCT REQUIRED ACTUAL WIDTH 10 SQ FT 0.69 FPM 605 CFM 420 FPM 643 CFM 446 HEIGHT 10 S.P. 0.08 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 0 560 676 158 2 607 758 891 906 3 759 672 743 885 4 656 632 704 680 5 6 7 8 9 10 11 12 13 2022 2622 3014 2629 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 10287 16 643 0.69 446 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 7 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -07 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 764 CFM 150 FPM 299 CFM 59 S.P. -0.08 H_...__....._ VERTICAL TOTAL 1818 TOTAL FPM 3587 NO. READINGS 12 AVG. FPM 299 X SQ. FT. 0.196 = CFM REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA ul 11 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -07 AIRSTREAM: RETURN AIR DUCT REQUIRED ACTUAL WIDTH 14 SQ FT 0.97 FPM 263 CFM 270 FPM 360 CFM 350 HEIGHT 10 S.P. -0.09 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 313 397 340 270 2 356 407 406 355 3 333 391 390 382 4 372 382 367 306 5 6 7 8 9 10 11 12 13 1374 1577 1503 1313 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 5767 16 360 0.97 350 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 31 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: DS -07 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM SHELTER 131 -2 1 LID 8 150 191 191 127% STORAGE 114A 2 LID 6 50 45 45 90% ADOPT. CNSL 105 3 LID 8 220 191 191 87% 420 427 427 102% SHELTER 131 -2 R1 LID 8X8 NOT GIVEN 131 131 LOST & FOUND LOBBY 102 R2 LID 10X10 NOT GIVEN 240 240 NOT GIVEN 371 371 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 32 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: LOCATION: MEZZANINE AREA SERVED: UNIT DATA Make/Type LG / FC Model No. ARNU363BGA2 Serial No. 305KACA00059 Arrangement 1 Discharge HORIZONTAL Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE No. Belts /Make /Size DIRECT DRIVE No. Filters/Type/Size 1 Static Press. Set point N/A TEST DATA DESIGN ACTUAL Total CFM 1335 630 Outlet CFM 3 785 610 Fan RPM DIRECT DRIVE DIRECT DRIVE DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Motor Volts 1 1 HIGH Static Press. Set point N/A Motor Amps 1 1 Filters Diff. S.P. NOT GIVEN 1 Outside Air CFM 485 65 Return Air CFM 300 565 R/A Damper Pos. NOT GIVEN 1 AIR APPARATUS TEST REPORT DS -08 VARIOUS AREAS MOTOR DATA Make /Frame 1 H.P. /RPM 1 Volts /Phase /Hertz 1 F.L. Amps/S.F. 1 Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Sheave Operating P.D. DIRECT DRIVE Motor Speed HIGH Static Press. Set point N/A TEST DATA DESIGN ACTUAL Discharge S.P. NOT GIVEN 1 Suction S.P. NOT GIVEN 1 Total S.P. NOT GIVEN 1 Ext. S.P. NOT GIVEN 2 .33 Reheat Coil Diff. S.P. N/A N/A Cooling Coil Diff. S.P. NOT GIVEN 1 Preheat Coil Diff. S.P. N/A N/A Filters Diff. S.P. NOT GIVEN 1 O/A Damper Pos. NOT GIVEN 1 R/A Damper Pos. NOT GIVEN 1 REMARKS: (1) DATA AND READINGS NOT OBTAINED. (2) ENTERING STATIC PRESSURE WAS OBTAINED DOWNSTREAM OF FILTER. (3) EXISTING OUTLET TWO IS NOT INSTALLED AND HAS A DESIGN CFM OF 550, ESSENTIALLY REDUCING TOTAL DESIGN CFM OF SYSTEM. TEST DATE: READINGS BY: TAB AT -3 6/23/20 VR /DA 33 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: ABOVE CEILING SHELTER MNGR. 131 -2 INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -08 AIRSTREAM: TOTAL SUPPLY DUCT REQUIRED ACTUAL WIDTH 16 SQ FT 1.56 FPM 505 CFM 785 FPM 405 CFM 630 HEIGHT 14 S.P. 0.07 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 0 0 484 419 2 444 507 532 509 3 337 522 525 504 4 253 487 504 455 5 6 7 8 9 10 11 12 13 r�� 1034 1516 2045 1887 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 6482 16 405 1.56 630 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 34 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -08 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 10 "(DIA) SQ FT 0.545 FPM 889 CFM 485 FPM 119 CFM 65 S.P. -0.05 VERTICAL TOTAL 997 TOTALFPM 1900 NO. READINGS 16 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AVG. FPM 119 X SQ. FT. 0.545 = CFM 65 35 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -08 AIRSTREAM: RETURN AIR DUCT REQUIRED ACTUAL WIDTH 16 SQ FT 1.56 FPM 193 CFM 300 FPM 303 CFM 471 HEIGHT 14 S.P. -0.05 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 194 362 319 279 2 221 380 369 318 3 181 4271 390 357 4 93 324 318 316 5 6 7 8 9 10 11 12 13 689 1493 1396 1270 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 4848 16 303 1.56 471 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 36 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: DS -08 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM ADMIN 108B 1 SW 12X10 360 254 254 71% VESTIBULE 103 2 LID 12 550 (1) LOST & FOUND 102 3 LID 6 110 95 95 86% CAT ADOPT 106 4 LID 10 315 261 261 83% 1335 610 610 46% LOST & FOUND LOBBY 102 R1 LID 12 NOT GIVEN 203 203 VESTIBULE 103 R2 LID 12 NOT GIVEN 235 235 NOT GIVEN 438 438 REMARKS: (1) EXISTING OUTLET NOT INSTALLED, ENTIRE ROOM IS MISSING. TEST DATE: 6/23/20 READINGS BY: VR / DA 37 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: LOCATION: MEZZANINE AREA SERVED: UNIT DATA Make/Type LG / FC Model No. ARNU423BGA2 Serial No. 306KANY00031 Arrangement 1 Discharge HORIZONTAL Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE No. Belts /Make /Size DIRECT DRIVE No. Filters/Type/Size 1 Static Press. Set point N/A TEST DATA DESIGN ACTUAL Total CFM 1635 772 Outlet CFM 3 1125 758 Fan RPM DIRECT DRIVE DIRECT DRIVE DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Motor Volts 1 1 HIGH Static Press. Set point N/A Motor Amps 1 1 Filters Diff. S.P. NOT GIVEN 1 Outside Air CFM 500 123 Return Air CFM 625 649 R/A Damper Pos. NOT GIVEN 1 REMARKS: (1) (2) (3) TEST DATE: READINGS BY: TAB AT -3 DATA AND READINGS NOT OBTAINED. AIR APPARATUS TEST REPORT DS -09 VARIOUS AREAS MOTOR DATA Make /Frame 1 H.P. /RPM 1 Volts /Phase /Hertz 1 F.L. Amps/S.F. 1 Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Sheave Operating P.D. DIRECT DRIVE Motor Speed HIGH Static Press. Set point N/A TEST DATA DESIGN ACTUAL Discharge S.P. NOT GIVEN 1 Suction S.P. NOT GIVEN 1 Total S.P. NOT GIVEN 1 Ext. S.P. NOT GIVEN 2 .44 Reheat Coil Diff. S.P. N/A N/A Cooling Coil Diff. S.P. NOT GIVEN 1 Preheat Coil Diff. S.P. N/A N/A Filters Diff. S.P. NOT GIVEN 1 0/A Damper Pos. NOT GIVEN 1 R/A Damper Pos. NOT GIVEN 1 ENTERING STATIC PRESSURE WAS OBTAINED DOWNSTREAM OF FILTER. EXISTING OUTLET TWO IS NOT INSTALLED AND HAS A DESIGN CFM OF 510, ESSENTIALLY REDUCING TOTAL DESIGN CFM OF SYSTEM. 6/23/20 VR /DA 38 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -09 AIRSTREAM: TOTAL SUPPLY DUCT REQUIRED ACTUAL WIDTH 16 SQ FT 1.56 FPM 723 CFM 1125 FPM 496 CFM 772 HEIGHT 14 S.P. 0.05 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 411 0 0 0 2 552 665 920 1028 3 511 545 953 903 4 331 522 599 0 5 6 7 8 9 10 11 12 13 1805 1732 2472 1931 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 7940 16 496 1.56 772 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 39 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -09 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 10 "(DIA) SQ FT 0.545 FPM 917 CFM 500 FPM 225 CFM 123 S.P. -0.10 VERTICAL TOTAL 1710 TOTALFPM 3606 NO. READINGS 16 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AVG. FPM 225 X SQ. FT. 0.545 = CFM 123 40 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -09 AIRSTREAM: RETURN AIR DUCT REQUIRED ACTUAL WIDTH 16 SQ FT 1.33 FPM 469 CFM 625 FPM 411 CFM 548 HEIGHT 12 S.P. -0.11 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 294 486 514 356 2 522 565 557 257 3 365 5281 545 255 4 337 397 382 214 5 6 7 8 9 10 11 12 13 1518 1976 1998 1082 TOTAL FPM / NO. READINGS = AVG. FPM 6574 16 411 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA x SQ FT. = CFM 1.33 548 41 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: DS -09 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM ADOPT SERVE 101A 1 SW 10X10 290 275 275 95% VESTIBULE 111 2 LID 6 100 61 61 61% WOMEN 110 3 LID 6 50 41 41 82% MEN 109 4 LID 6 50 40 40 80% ADOPTION LOBBY 101 5 LID 10 300 221 221 74% VESTIBULE 100 6 LID 12 510 (1) DOG DISP. 107 7 LID 10 260 66 66 25% GET ACQ. RM. 108 8 LID 6 75 54 54 72% 1635 758 758 46% ADOPT CAGE 105 R1 LID 8X8 NOT GIVENI 136 136 ADOPTION LOBBY 101 R2 LID 16X10 NOT GIVEN 191 191 ADOPTION LOBBY 101 R3 LID 16X10 NOT GIVEN 243 243 NOT GIVEN 570 570 REMARKS: (1) EXISTING OUTLET NOT INSTALLED, ENTIRE ROOM IS MISSING. TEST DATE: 6/23/20 READINGS BY: VR / DA 42 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: LOCATION: MEZZANINE AREA SERVED: UNIT DATA Make/Type LG / FC Model No. ARNU123BHA2 Serial No. 303KLAC00144 Arrangement 1 Discharge HORIZONTAL Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE No. Belts /Make /Size DIRECT DRIVE No. Filters/Type/Size 1 Static Press. Set point I N/A TEST DATA DESIGN ACTUAL Total CFM 425 383 Outlet CFM 500 363 Fan RPM DIRECT DRIVE DIRECT DRIVE DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Motor Volts 1 1 I HIGH Static Press. Set point I N/A Motor Amps 1 1 Filters Diff. S.P. NOT GIVEN 1 Outside Air CFM 150 57 Return Air CFM 350 326 R/A Damper Pos. NOT GIVEN 1 AIR APPARATUS TEST REPORT DS -10 VARIOUS AREAS MOTOR DATA Make /Frame 1 H.P. /RPM 1 Volts /Phase /Hertz 1 F.L. Amps/S.F. 1 Make Sheave DIRECT DRIVE Sheave Diam /Bore DIRECT DRIVE Sheave Ctr. Distance DIRECT DRIVE Sheave Operating P.D. DIRECT DRIVE Motor Speed I HIGH Static Press. Set point I N/A TEST DATA DESIGN ACTUAL Discharge S.P. NOT GIVEN 1 Suction S.P. NOT GIVEN 1 Total S.P. NOT GIVEN 1 Ext. S.P. NOT GIVEN 2 .21 Reheat Coil Diff. S.P. N/A N/A Cooling Coil Diff. S.P. NOT GIVEN 1 Preheat Coil Diff. S.P. N/A N/A Filters Diff. S.P. NOT GIVEN 1 O/A Damper Pos. NOT GIVEN 1 R/A Damper Pos. NOT GIVEN 1 REMARKS: (1) DATA AND READINGS NOT OBTAINED. (2) ENTERING STATIC PRESSURE WAS OBTAINED DOWNSTREAM OF FILTER. TEST DATE: 6/23/20 READINGS BY: VR / DA 43 TAB AT -3 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: ABOVE CEILING TRAINING 114 INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -10 AIRSTREAM: TOTAL SUPPLY DUCT REQUIRED ACTUAL WIDTH 12 SQ FT 0.83 FPM 600 CFM 500 FPM 460 CFM 383 HEIGHT 10 S.P. 0.06 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 442 525 511 510 2 450 529 501 515 3 437 474 455 477 4 297 402 391 439 5 6 7 8 9 10 11 12 13 1626 1930 1858 1941 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 7355 16 460 0.83 383 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 44 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -10 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 764 CFM 150 FPM 291 CFM 57 S.P. -0.07 H VERTICAL TOTAL 1780 TOTAL FPM 3493 NO. READINGS 12 AVG. FPM 291 X SQ. FT. 0.196 = CFM REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA F7 45 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: MEZZANINE INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: DS -10 AIRSTREAM: RETURN AIR DUCT REQUIRED ACTUAL WIDTH 16 SQ FT 1.56 FPM 225 CFM 350 FPM 188 CFM 292 HEIGHT 14 S.P. -0.08 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 151 224 236 286 2 229 320 359 328 3 158 142 203 217 4 0 0 50 99 5 6 7 8 9 10 11 12 13 538 686 848 930 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 3002 16 188 1.56 292 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 46 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: DS -09 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM STAFF T/R 120 1 LID 6 50 36 36 72% VESTIBULE 111 2 LID 6 100 86 86 86% RETAIL DOG ADOPTION 112 3 LID 8 150 95 95 63% PUPPY ADOPTION 115 4 LID 8 200 146 146 73% 500 363 363 73% PUPPY ADOPTION 115 R1 LID 8X8 NOT GIVEN 129 129 BREAK RM. 118 R2 LID 16X10 NOT GIVEN 134 134 NOT GIVEN 263 263 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 47 AHU SUMMARY REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER UNIT DESIGNATION MAKE MODEL NO. SERIAL NO. DESIGN CFM ACTUAL CFM DES O/A CFM ACT O/A CFM NOTES DS -01 LG ARNU123TRC2 306KARWO038 265 406 25 0 1 DS -06 LG ARNU203TPC2 306KAUN00006 671 634 67 0 (1 )(2) DS -11 LG ARNU073TRC2 306KACA00019 307 278 30 0 1 DS -12 LG ARNU073TRC2 306KAPB00016 265 396 25 0 1 DS -13 LG ARNU183TQC2 306KA000030 396 514 40 0 (1 REMARKS: (1) TRAVERSE READINGS INDICATE OUTSIDE AIR IS LEAVING UNIT INSTEAD OF ENTERING UNIT. (2) ACTUAL CFM SHOWN READ VIA FLOW HOOD. TEST DATE: 6/23/20 READINGS BY: VR / DA 48 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: DOG QUARANTINE 127 INSTRUMENT: SHORTRIDGE AIR DATA METER FACE VELOCITY REPORT SYSTEM /UNIT: DS -01 AIRSTREAM: RETURN AIR FACE OPENING REQUIRED ACTUAL WIDTH 12 SQ FT 1.00 FPM 240 CFM 240 FPM 406 CFM 406 HEIGHT 12 7 8 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 410 391 2 410 412 3 4 5 6 7 8 9 10 11 12 13 820 803 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 1623 REMARKS: TEST DATE: 6123/20 READINGS BY: VR / DA 406 1.00 406 49 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -01 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 127 CFM 25 FPM 221 CFM 43 S.P. -0.04 VERTICAL TOTAL 1307 TOTAL FPM 2653 NO. READINGS 12 AVG. FPM 221 X SQ. FT. 0.196 = REMARKS: (1) READINGS INDICATE OUTSIDE AIR IS LEAVING UNIT INSTEAD OF ENTERING UNIT. TEST DATE: 6/23/20 READINGS BY: VR / DA CFM 43 50 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -06 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 341 CFM 67 FPM 286 CFM 56 S.P. -0.05 VERTICAL TOTAL 1684 TOTAL FPM 3428 NO. READINGS 12 AVG. FPM 286 X SQ. FT. 0.196 = REMARKS: (1) READINGS INDICATE OUTSIDE AIR IS LEAVING UNIT INSTEAD OF ENTERING UNIT. TEST DATE: 6/23/20 READINGS BY: VR / DA CFM 56 51 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: STRAY CAT HOLDING 128 INSTRUMENT: SHORTRIDGE AIR DATA METER FACE VELOCITY REPORT SYSTEM /UNIT: DS -11 AIRSTREAM: RETURN AIR FACE OPENING REQUIRED ACTUAL WIDTH 12 SQ FT 1.00 FPM 277 CFM 277 FPM 278 CFM 278 HEIGHT 12 7 8 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 276 272 2 292 270 3 4 5 6 7 8 9 10 11 12 13 568 542 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 1110 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 278 1.00 278 52 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -11 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 153 CFM 30 FPM 92 CFM 18 S.P. -0.01 VERTICAL TOTAL 670 TOTAL FPM 1103 NO. READINGS 12 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA AVG. FPM 92 X SQ. FT. 0.196 = CFM 18 53 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: TRAINING 114 INSTRUMENT: SHORTRIDGE AIR DATA METER FACE VELOCITY REPORT SYSTEM /UNIT: DS -12 AIRSTREAM: RETURN AIR FACE OPENING REQUIRED ACTUAL WIDTH 12 SQ FT 1.00 FPM 240 CFM 240 FPM 396 CFM 396 HEIGHT 12 7 8 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 398 393 2 404 389 3 4 5 6 7 8 9 10 11 12 13 802 782 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 1584 4 396 1.00 396 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 54 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -12 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 127 CFM 25 FPM 196 CFM 38 S.P. 0.01 VERTICAL TOTAL 930 TOTAL FPM 2352 NO. READINGS 12 AVG. FPM 196 X SQ. FT. 0.196 = REMARKS: (1) READINGS INDICATE OUTSIDE AIR IS LEAVING UNIT INSTEAD OF ENTERING UNIT. TEST DATE: 6/23/20 READINGS BY: VR / DA CFM 38 55 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: BREAK RM. 118 INSTRUMENT: SHORTRIDGE AIR DATA METER FACE VELOCITY REPORT SYSTEM /UNIT: DS -13 AIRSTREAM: RETURN AIR FACE OPENING REQUIRED ACTUAL WIDTH 12 SO FT 1.00 FPM 356 CFM 356 FPM 514 CFM 514 HEIGHT 12 7 8 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 512 519 2 514 511 3 4 5 6 7 8 9 10 11 12 13 1026 1030 TOTAL FPM / NO. READINGS = AVG. FPM 2056 4 514 REMARKS: TEST DATE: 6123/20 READINGS BY: VR / DA x SQ FT. = CFM 1.00 514 56 ROUND DUCT TRAVERSE REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM /UNIT: DS -13 LOCATION /ZONE: MEZZANINE AIRSTREAM: O/A INSTRUMENT: SHORTRIDGE AIR DATA METER DUCT REQUIRED ACTUAL SIZE 6 "(DIA) SQ FT 0.196 FPM 204 CFM 40 FPM 138 CFM 27 S.P. 0.15 VERTICAL TOTAL 758 TOTALFPM 1655 NO. READINGS 12 AVG. FPM 138 X SQ. FT. 0.196 = REMARKS: (1) READINGS INDICATE OUTSIDE AIR IS LEAVING UNIT INSTEAD OF ENTERING UNIT. TEST DATE: 6/23/20 READINGS BY: VR / DA CFM 27 57 FAN TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER FAN DATA FAN NO. EF -1 FAN NO. EF -2 FAN NO. EF -3 Location ROOF ROOF ROOF Service VARIOUS AREAS VARIOUS AREAS VARIOUS AREAS Manufacturer/Type 1 1 1 Model Number 1 1 1 Serial Number 1 1 1 Motor Make /Frame 1 1 1 Motor H.P. /RPM 1 1 1 Volts /Phase /Hertz 1 1 1 F.L. Amps/S.F. 1 1 1 Motor Sheave Make 1 1 1 Motor Sheave Diam. /Bore 1 1 1 Fan Sheave Make 1 1 1 Fan Sheave Diam. /Bore 1 1 1 No. Belts /Make /Size 1 1 1 Sheave Center Distance 1 1 1 Sheave Operating P.D. 1 1 1 Fan Speed / HZ 1 1 1 TEST DATA DESIGN ACTUAL DESIGN ACTUAL DESIGN ACTUAL CFM Total 525 414 490 300 945 483 CFM Inlet / Outlet 705 393 385 254 740 434 Fan RPM 1 1 1 1 1 1 S.P. In NOT GIVEN 1 NOT GIVEN 1 NOT GIVEN 1 S.P. Out NOT GIVEN 1 NOT GIVEN 1 NOT GIVEN 1 Total S.P. 0.5 1 0.5 1 0.5 1 Voltage I 1 1 1 1 1 1 Amperage I 1 Ml 1 1 1 1 REMARKS: (1) DATA AND READINGS NOT OBTAINED. TEST DATE: 6/23/20 READINGS BY: VR / DA 58 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: ABOVE CEILING DOG QUARANTINE 127 INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: EF -1 AIRSTREAM: TOTAL EXHAUST DUCT REQUIRED ACTUAL WIDTH 12 SQ FT 1.17 FPM 604 CFM 705 FPM 355 CFM 414 HEIGHT 14 S.P. -0.07 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 426 410 379 408 2 407 389 380 334 3 218 343 330 297 4 343 325 362 326 5 6 7 8 9 10 11 12 13 1394 1467 1451 1365 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 5677 16 355 1.17 414 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 59 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: EF -1 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM DOG QUAR. 127 E1 LID 8X8 250 105 105 42% STRAY CAT HOLDING 128 E2 LID 8X8 185 103 103 56% CAT QUAR. 129 E3 LID 8X8 90 73 73 81% SUPP. ADOPT. 130 E4 LID 8X8 180 112 112 62% 705 393 393 56% REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA We PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: ABOVE CEILING DOG QUARANTINE 127 INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: EF -1 AIRSTREAM: INLET E1 DUCT REQUIRED ACTUAL WIDTH 8 SQ FT 0.44 FPM 563 CFM 250 FPM 236 CFM 105 HEIGHT 8 S.P. 0.06 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 184 188 140 184 2 232 163 176 220 3 258 282 259 269 4 311 308 317 291 5 6 7 8 9 10 11 12 13 985 941 892 964 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 3782 16 236 0.44 105 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 61 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: ABOVE CEILING CORRIDOR 116 INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: EF -2 AIRSTREAM: TOTAL EXHAUST DUCT REQUIRED ACTUAL WIDTH 12 SQ FT 1.00 FPM 385 CFM 385 FPM 300 CFM 300 HEIGHT 12 S.P. -0.08 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 246 258 346 390 2 254 221 264 418 3 287 226 181 411 4 337 248 315 400 5 6 7 8 9 10 11 12 13 1124 953 1106 1619 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 4802 16 300 1.00 300 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA C. AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: EF -2 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM GROOMING INT. 126 E1 LID 8X8 160 135 135 84% QUARANTINE 124 E2 LID 8X8 90 64 64 71% JAN / STOR. 121 E3 LID 8X8 70 36 36 51% STAFF T / R 120 E4 LID 8X8 65 19 19 29% 385 254 254 66% C _ 1MAUTI TEST DATE: 6/23/20 READINGS BY: VR / DA 63 PROJECT: SCHERTZ ANIMAL ADOPTION CENTER LOCATION /ZONE: ABOVE CEILING VESTIBULE 111 INSTRUMENT: SHORTRIDGE AIR DATA METER RECTANGULAR DUCT TRAVERSE REPORT SYSTEM /UNIT: EF -3 AIRSTREAM: TOTAL EXHAUST DUCT REQUIRED ACTUAL WIDTH 12 SQ FT 1.00 FPM 740 CFM 740 FPM 483 CFM 483 HEIGHT 12 S.P. -0.11 POSITION 1 2 3 4 5 6 7 8 9 10 11 12 1 498 604 574 481 2 548 623 532 474 3 608 5591 453 394 4 457 330 250 344 5 6 7 8 9 10 11 12 13 2111 2116 1809 1693 TOTAL FPM / NO. READINGS = AVG. FPM x SQ FT. = CFM 7729 16 483 1.00 483 REMARKS: TEST DATE: 6/23/20 READINGS BY: VR / DA 64 AIR OUTLET TEST REPORT PROJECT: SCHERTZ ANIMAL ADOPTION CENTER SYSTEM: EF -3 AREA SERVED OUTLET DESIGN PRELIMINARY FINAL PERCENT OF DESIGN NOTES NO. TYPE SIZE (INCH) CFM CFM CFM RETAIL DOG ADOPT 112 E1 LID 10X10 310 137 137 44% WOMEN 110 E2 LID 6X6 50 26 26 52% MEN 109 E3 LID 6X6 50 27 27 54% GET ACQUAINTED RM. 108 E4 LID 8X8 160 105 105 66% DOG DISP. 107 E5 LID 6X6 45 66 66 147% (1) CAT ADOPT 106 E6 LID 8X8 1251 73 73 58% 740 434 434 59% REMARKS: (1) INLET LOCATION IS OUTSIDE OF ROOM. TEST DATE: 6/23/20 READINGS BY: VR / DA 65 Appendix D Cx ASSIST /ISSUES LOG IDU addresses on Laptop Service Tool are not mapped to equivalent equipment numbers (e.g., IDU -2 = DS -01). The LG software is unable to 1 Mech -Ctrls Observation N/A All rename IDU addresses as it auto - assigns during system start -up. TGCE 6/23/20 TG and TAS had to investigate via thermostat mapping in order to identify all systems. The AC Smart outside air sensor is located within the condensing unit 2 Mech -Ctrls Observation N/A DSCU -A cabinet which is picking up system heat rejection and therefore, is not an 6/23/20 TG accurate representation of true ambient conditions. Additionally, the sensor only reads temperature. Observed excessive fan noise. Texas Air Systems believes the noise is 3 Mech- Equip. Observation 127 DS -01 6/23/20 TG caused by failing fan motors. Upon traverse of O /A, reverse airflow was observed and therefore, design outside airflow is not being obtained. This condition was typical 4 Mech- Equip. Observation Various Cassettes for all cassette style units. The LG Engineering Manual states that inline 6/23/20 TG fans are required to push outdoor air to the indoor cassette unit to overcome the static pressure. This building is not equipped with inline fans on the outside air ductwork. 5 Mech- Equip. Observation Various Cassettes Supply airflow cannot be accurately measured on cassette style units. 6/23/20 TG 6 Mech- Equip. Observation Various Cassettes Mixed air conditions could not be measured on cassette style units. 6/23/20 TG 7 Mech -E ui . Observation Platform DS -02 Design supply airflow of 454 CFM is not being obtained. 6/23/20 TG 8 Mech- Equip. Observation Platform DS -02 Design outside airflow of 195 CFM is not being obtained. 6/23/20 TG 9 Mech -E ui . Observation Platform DS -03 Design supply airflow of 425 CFM is not being obtained. 6/23/20 TG 10 Mech- Equip. Observation Platform DS -03 Design outside airflow of 150 CFM is not being obtained. 6/23/20 TG 11 Mech -E ui . Observation Platform DS -04 Design supply airflow of 425 CFM is not being obtained. 6/23/20 TG 12 Mech- Equip. Observation Platform DS -04 Design outside airflow of 150 CFM is not being obtained. 6/23/20 TG 13 Mech -E ui . Observation Platform DS -05 Design supply airflow of 245 CFM is exceeded. 6/23/20 TG 14 Mech- Equip. Observation Platform DS -05 Design outside airflow of 90 CFM is exceeded. 6/23/20 TG 15 Mech -E ui . Observation Platform DS -07 Design supply airflow of 425 CFM is exceeded. 6/23/20 TG 16 Mech- Equip. Observation Platform DS -07 Design outside airflow of 150 CFM is not being obtained. 6/23/20 TG 17 Mech -E ui . Observation Platform DS -08 Design supply airflow of 1335 CFM is not being obtained. 6/23/20 TG 18 Mech- Equip. Observation Platform DS -08 Design outside airflow of 485 CFM is not being obtained. 6/23/20 TG 19 Mech -E ui . Observation Platform DS -09 Design supply airflow of 1635 CFM is not being obtained. 6/23/20 TG 20 Mech- Equip. Observation Platform DS -09 Design outside airflow of 500 CFM is not being obtained. 6/23/20 TG 21 Mech -E ui . Observation Platform DS -10 Design supply airflow of 425 CFM is not being obtained. 6/23/20 TG 22 Mech- Equip. Observation Platform DS -10 Design outside airflow of 150 CFM is not being obtained. 6/23/20 TG EEV (electronic expansion valve) was found failed — Unit is currently not 23 Mech- Equip. Observation 128 DS -11 6/23/20 TG cooling and could not be commissioned. ei 10um City Council May 11, 2021 Meeting: Department: Public Works Agenda No. 5. Subject: Resolution No. 21 -R -40 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz Texas, amending the Schertz /Seguin Local Government Corporation (SSLGC) Fiscal Year 2021 Annual Budget (C. Kelm /S. Williams /A. Beard) BACKGROUND The Schertz /Seguin Local Government Corporation (SSLGC) has a Retained Earnings Policy. This policy set a threshold for the minimum retained earnings to be held in the operating fund. This minimum policy was set at three months operating expenditures. Based on this policy and the results of the audit, there is over $2,000,000 above this threshold available for use. This budget amendment transfers $501,685 from Retained Earnings to Electric to cover the cost increase in services from GVEC as a result of the February winter storm. This budget amendment also transfers $1,000,000 to from Retained Earnings to the Repair and Replacement fund. The SSLGC Board of Directors unanimously approved this action on April 15, 2021 (Resolution #SSLGC R21 -13). GOAL To approve the amended SSLGC budget amendment for FY 2021. COMMUNITY BENEFIT To enable SSLGC to continue of provide water to their customers through payment of teh February 2021 GVEC electric bill and transfer of funds to Repair and Replacement for the continued maintenance of SSLGC's water infrastructure. Staff recommends approval of the Resolution amending SSLGC FY 2021 to reappropriate funds to pay for an increase in GVEC costs as a result from the ice storm and Costs associated with this Resolution will be paid for out fo appropriate funds of the SSLGC budget. RECOMMENDATION Approval of Resolution No. 21 -R -40. Attachments Res. 21 -R -40 SSLGC Resolution R21 -13 19 &TOr►0r to] .5 LIMIa tZ �a A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A BUDGET AMENDMENT TO THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2021 ANNUAL BUDGET, AND OTHER MATTERS IN CONNECTION THEREWITH. (SSLGC RESOLUTION #SSLGC R21 -23) WHEREAS, the Schertz Seguin Local Government Corporation (SSLGC) is a corporation for the provision of and transportation of water wholly owned by both the City of Schertz and the City of Seguin; and WHEREAS, SSLGC By -Laws require that the corporation establish an annual budget and said annual budget must be approved by the SSLGC Board of Directors and both the City of Schertz and the City of Seguin; and WHEREAS, the SSLGC's FY2021 Annual Budget was approved by City Council on June 25, 2019; and WHEREAS the proposed budget amendment for FY 2021, provided herein as Attachment A, has been approved by the SSLGC Board of Directors at their regularly scheduled February Board Meeting; and WHEREAS, the City staff of the City of Schertz (the "City ") recommends that the City approve the Schertz/Seguin Local Government Corporation Fiscal Year 2021 Amended Annual Budget; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the budget to ensure that the citizens and businesses of Schertz continue to receive excellent and vital water service. THAT: Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin Local Government Corporation Fiscal Year 2021 Amended Annual Budget. 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 l It" day of May 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) l L 11 I ru 1 � 1 I U 2 1 1 1 1 it l 2 9 ill Agenda No. 6. ei Olum City Council May 11, 2021 Meeting: Department: Fire Department Subject: Resolution No. 21 -1t -41 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz Texas, authorizing the submission of a grant application in an amount up to $36,950.06 to the Office of the Governor, Homeland Security Division, for the 2021 State Homeland Security Grant Urban Area Security Initiative (UASI) Program; and authorizing the acceptance of the funds, upon award. (C. Kelm /K. Long /S. Hall) I I ! G X" 10OIL,I The Fire Department seeks Council approval to accept the 2021 State Homeland Security Program (UASI) Grant funds, if awarded, to purchase Hazmat Equipment and public education and outreach materials. Schertz Fire Department is a founding member of the FEMA Type III, GuadaComa Emergency Response Group that includes New Braunfels, Seguin, Cibolo, Live Oak, Universal, City Selma and the Guadalupe, Comal and Bexar county area. The team currently covers 395 square miles of 3 counties ( Bexar, Comal and Guadalupe Counties). The estimated population in this area is approximately 235,000. This group's sole purpose is to work jointly to mitigate hazardous material incidents to limit the public and commercial impact of these situations. In addition, Schertz Fire Department participates in numerous mutual aid agreements including regional and statewide responses. Schertz Fire Department is attempting to secure grant funds to purchase multi -use equipment that will increase the capacity of the GuadaComa Emergency Response Group and can be used daily on calls for service within the Schertz city limits. In hazardous material situations it is imperative to be able to properly identify the hazardous product that is being dealt with in a rapid manner. Technology now allows a device to be carried to a scene that will identify thousands of different chemicals and compounds. GOAL Approval of Resolution 21 -R -41 C� Enhancement of the Guadacoma Hazardous Materials Response Team and public engagement and education. SUMMARY OF RECOMMENDED ACTION Recommend approval of Resolution 21 -R -41 FISCAL IMPACT None. Equipment is expected to cost $36,950.06, of which all $36,950.06 will be state funds and no matching City funds are required. RECOMMENDATION Recommend approval of Resolution 21 -R -41 Attachments Resolution 21 -R -41 J.h I e_ UASI RESOLUTION NO. 21 -R -41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN AN AMOUNT UP TO $36,950.06 TO THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY DIVISION, FOR THE 2021 STATE HOMELAND SECURITY GRANT URBAN AREA SECURITY INITIATIVE (UASI) PROGRAM; AND AUTHORIZING THE ACCEPTANCE OF THE FUNDS, UPON AWARD. WHEREAS, the Office of the Governor, Homeland Security Division (HSD) is a program that is designed to enhance the State's ability to prevent, respond to; and recover from acts of terrorism; and WHEREAS, the City Staff of the City of Schertz (the "City ") has recommended that the City Council authorize the filing of a grant application with Homeland Security Grant Program relating to Hazmat Equipment for Schertz Fire Rescue and public education and outreach materials; and WHEREAS, all applicable matching funds will be funded; and WHEREAS, no matching contribution is required for this grant; and WHEREAS, The City of Schertz agrees that in the event of loss or misuse of the Office of the Governor funds, The City of Schertz assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the City Council has determined that it is in the best interest of the City to apply for a grant from the Office of the Governor, Homeland Security Division (HSD). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Manager and his designee are hereby authorized to submit a grant application in an amount not to exceed $36,950.06 to the Office of the Governor, Homeland Security Division to fund the following State Homeland Security Grant (UASI) Projects: Grant # 4127802 - Fire Services Regional Response Capabilities Section 2. The City Council hereby authorizes the City Manager and /or the Fire Chief as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. 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 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 11th day of May, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) IW � � � �, Agenda No. 7. ei 10um City Council May 11, 2021 Meeting: Department: Fire Department Subject: Resolution No. 21 -R -43 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an Interlocal Agreement for Fire Protection Services with Bexar County, and other matters in connection therewith. (C. Kelm /K. Long) BACKGROUND The Schertz Fire Department is charged with the responsibility of regional fire suppression, protection and prevention. The Fire Department responds to fire and emergency calls in portions of unincorporated Bexar County. This area is generally within our ETJ east of 1518 to the county line, and north of Interstate 10 to F.M. 78. This is an annual agreement between Bexar County and the City of Schertz and has no significant changes from previous years. GOAL Staff recommends Council approval of Resolution 21 -R -43 to authorize the City Manager to sign the Interlocal Agreement for Fire Protection Services with Bexar County. COMMUNITY BENEFIT Providing Fire Protection Services to these areas outside the City typically does not adversely impact our responses within the City. We would respond in that area for all types of fires with or without the agreement due to our area -wide mutual aid agreement and the areas proximity to our city limits. By maintaining this agreement with Bexar County, we are able to receive a small subsidy for providing services in an area that would otherwise be without fire service. SUMMARY OF RECOMMENDED ACTION Staff recommends Council approval of Resolution 21 -R -43 to authorize the City Manager to sign the Interlocal Agreement for Fire Protection Services with Bexar County. FISCAL IMPACT The City receives revenue from Bexar County in the amount of $1,756.48 per month ($21,077.76 annually) per this agreement. RECOMMENDATION Staff recommends Council approval of Resolution 21 -R -43 to authorize the City Manager to sign the Interlocal Agreement for Fire Protection Services with Bexar County. Attachments 21 -R -43 Exhibit A Bexar County ILA RESOLUTION NO. 21 -R -43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES WITH BEXAR COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Fire Rescue Department provides fire service to the citizens of Schertz and is a participant in multiple mutual aid agreements among other jurisdictions to provide and receive fire service; and WHEREAS, the County of Bexar has need of Ere services in unincorporated Bexar County and historically contracts with the nearest fire departments to provide that service; and WHEREAS, it is of benefit to both parties and to the residents in those areas, to enter into this Agreement to efficiently provide that service to the area designated in Exhibit A; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ...:.....:..... Section 1. The City Council hereby authorizes the City Manager to enter into the Interlocal Agreement to provide fire protection service to areas within Bexar County as set forth 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 l Ith day of May, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) -11 , I =w eRINA, STATE OF TEXAS § INTERLOCAL AGREEMENT FOR COUNTY OF BEXAR § FIRE PROTECTION SERVICES "'Nolaw"jug WHEREAS, the Commissioners Court of COUNTY is authorized to provide fire protection and firefighting services to citizens of COUNTY residing outside the city limits of any incorporated city within COUNTY; WHEREAS, the Commissioners Court desires to continue to provide such fire protection and firefighting services to citizens of COUNTY residing outside the city limits of CITY-. in an area more ccarticularlo described on Exhibit "A" attached hereto and incotcoorated herein for all purposes (the "designated area"); 0480WIL 01 7! L01 I &T, Wriff-CTM, "$#� WHEREAS, CITY represents that it can adequately provide fire protection anii firefighting services on behalf of COUNTY, utilizing CITY's fire department according to the terms and conditions hereinafter stated. LUMMMI N f.01 The purpose of this Agreement is to secure the services of CITY to provide fire M= 2. 01 For purposes of this Agreement, the following terms will have the meanings set forth below: (d) ACTIVE FIREFIGHTER - a firefighter who attends a minim of two training sessions each month, each a minimum of hours long. (e) PAID FIREFIGHTER - a person, at least eighteen years of age, who meets the criteria set forth by the Texas Commission • Fire Protection Standards and Education. a • Ebro ME"MW If 4 so M I I to) I K as a Volunteer Firefighter within three years after joining WEPARTMENT. 3.01 The term of this Agreement is for one year beginning January 1, 2021, and ending December 31, 202 1. This Agreement will automatically renew for two additional one-year terms unless either party provides a sixty day written notice of cancellation. ARTICLE IV OBLIGATIONS OF CITY 0 J,-.01 CITY agrees toperform the following services in accordance with specifications ani I ffw�, 24 *f Texas, for the benefit of those persons residing in the designated area: (a) Assist the Bexar County Fire Marshal in fire prevention programs; I 1 6 a (c) Monitor the Fire Alarm or alert system and radio system on a 24-hour basis; (d) Respond to emergencies and fight fires within the designated area or in support of mutual aid agreements made in accordance with this Agreement; d, ,,e) Purchase and install one mobile radio on COUNTY Fire Alarim frequency (154.250) in each firefighting vehicle and providM- other receiving equipment as CITY deems necessary; I (g) Notify Fire Alarm via radio when responding to calls in the designated area even if not dispatched by COUNTY. 4.02 It is expressly agreed between the parties that, in the event of conflicting fire alarms arising within the corporate limits of CITY and the unincorporated designated area, the alarin within the corporate limits will have priority. Nevertheless, CITY will use its best efforts to respond or to request assistance in responding to the alarm in the designated area. 4.04 CITY will complete criminal background checks of all current firefighters or EMS )2ersonnel with the assistance and ciii- ration of the Bexar County Fire Marshal's Office and El 4.05 CITY will create • inventory listing all of CITY's assets used in the provision of emergency services to include, at a minimum, the designation, quantity, model or serial number, condition and location of such assets within sixty (60) days from the date of this Agreement is executed and provide a copy to COUNTY. 11 M01 '11 11010111 1 a- 9 P 11IM Lo 11NIMI In Mn" a mile gro T I i• 4.07 CITY will establish training programs for all firefighters, probationary firefighters, reserve firefighters and fire officers pursuant to the curricula established by the State &ssociatio-c. ARTICLE V OBLIGATIONS OF COUNTY j . I I ' A (c) Rental, construction, or purchase of firefighting facilities or buildings. 0 5.02 COUNTY agrees to provide CITY with dispatch services for the designated area, at no cost to CITY, for the duration of this Agreement. It is understood that the termination of this Agreement terminates the fire dispatch service provided by COLNTY unless CITY enters into a dispatch service agreement with COUNTY. ARTICLE VI BEXAR COUNTY FIRE MARSHAL SERVICES 1-' .1.02 The County Fire Marshal, or the County Fire Marshal's designee, will perform as tri Encident commander in a major event in the unincorporated areas. SWU 7.01 CITY will provide all necessary equipment and transportation in providing servic specified in this Agreement. i 7.02 CITY agrees to remain responsible for registration, licensing, inspection, repairs, and maintenance of all equipment, and for any and all damages resulting from the use of any 0;� its equipment, including motor vehicles. 7.03 COUNTY will not accrue any equity or ownership interest in any equipment provided by CITY. ARTICLE VIII LIABILITY OF THE PARTIE I 8.01 It is agreed that COUNTY will not be liable or responsible to CITY in damages or any 8.02 Pursuant to Texas Local Government Code 352.004, CITY is not liable for the act of its employee in fighting fires outside the City of Schertz under this Agreement. ARTICLE IX 1 ) T-Frrjf # 7 awk= will be retained by CITT subject to inspection by CO 11, 1 through its Fire-tTU;0.2,�!M time during normal business hours. ARTICLE XII INSPECTION OF BOOKS/FINANCIAL RECORADD IN" LWO11111y"I 11 11tel assr! I-@- I Nq M ti-A I Is I I- ARTICLE XIII QUAL EMPLOYMENT OPPORTUNITY AND CIVIL RIGHTS 1E,11111 100i - -,- # 10 0-1 -,W I Lill W-114, Dy L11C PURI Vie satfic w) UULCU S! hereto. FWA"WDWAVA NOTICES 15.01 All notices by the parties will be deemed given when either delivered in person teposited in the U.S. Mail, postage prepaid, certified mail, return receipt requesteJ .ii ressed to the appropriate party at the following address: If to COUNTY: County Judge Paul Elizondo Tower 0 9 •s Southton Rd. San Antonio, Texas 78223-4829 And: County Auditor Paul Elizondo Tower 101 W. Nueva, #800 San Antonio, Texas 78205 If to CITY: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154-1634 A I ARTICLE XVII ,COMPLIANCE WITH LAWS AND REGULAT MAMMA= 18.01 This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Agreement. IDIOM - - 11111111 11 �i I I I I I � I iii 1 1 1 �� I � I � I � I I 1111�!11111� I . 111111111 1:111 mw��! �046110 of I exas, ancFafffo—fffgations of the "pies created hereunder are performable solely in County, Texas. 'Emil ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. IN­ WITNESS WHEREOF, this Agreement is executed in duplicate originals this _ day of 2021. Y. NELSON W. WOLFF County Judge F."I 9 9 11IT-61TA a) lix.1yy 1101 a Xty,"I a 0V tX74 BY: SUEJANA Assistant Criminal District Attorney Civil Division iff r� BY: RALPH GUTIERREZ Mayor Date: BY:-- BRENDA DENNIS City Secretary APPROVED AS TO FINANCIAL CONTENT: LEO S. CALDERA,C , CGAP County Auditor BT': DAVID SMIT County Manag] B Y:, Z M U S L Fire Marshal UJIMANM B Y: KADELONG Fire Chief -11 , I =w Agenda No. 8. ei IRIUM City Council May 11, 2021 Meeting: Department: Engineering Subject: Ordinance No. 21 -T -19 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the Fiscal Year 2021 Budget to provide funding for professional services related to the Corbett Ground Storage Tank, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James /K. Woodlee /J. Shortess) I yX1 4 K" III00117 The Corbett Elevated Storage Tank serves approximately 2,300 water connections (a population of approximately 5,800). The addition of the proposed 3.0 million gallon Corbett Ground Storage Tank will provide critical storage and redundancy at the Corbett Tank Site in order to provide water to customers on a daily basis and to a larger portion of the City in an emergency situation. The Corbett Tank Site is one of two SSLGC connection points which provide continual water flow to the southern water zone. In addition to the design of a new ground storage tank, a pump station will be designed to feed the southern water zone through the existing elevated tank on site and to pump water to the Live Oak Tank Site. Generator design is proposed to run all of the pumps during an electrical outage as experienced during the sever Winter Storm in Texas during February 12 -19, 2021. A Professional Engineering firm will provide services related to the design and construction phases of the Corbett Ground Storage Tank. City staff has worked with Ford Engineering, Inc. to develop a scope for these services and a budget adjustment is needed to fiend this portion of the project. Proposed Ordinance 21 -T -19 allocates $512,000 for the professional services needed to assist the City with the design of the Corbett Ground Storage Tank. That amount includes the consultant's fee and a contingency amount of approximately ten percent. Construction of the Corbett Ground Storage Tank, pump station, and generator will be funded separately after final design is complete. The estimated construction cost of this project is $4.5 million. GOAL The goal of this ordinance is to amend the fiscal year 2020 -2021 budget to provide funding for the design of the Corbett Ground Storage Tank. COMMUNITY BENEFIT The proposed 3.0 million gallon Corbett Ground Storage Tank will provide critical storage and redundancy at the Corbett Tank Site in order to provide water to customers on a daily basis and to a larger portion of the City in an emergency situation. 1eld hl Ell "I] a 7 DEVIL / 1►1101011110117_TO I UINLI Approval of Ordinance 21 -T -19 authorizing the budget adjustment. FISCAL IMPACT This ordinance will allocate $512,000.00 from the Water Capital Recovery Fees to engineering and professional services related to the Corbett Ground Storage Tank project. As of March 31, 2021, the Water Capital Recovery Fund had $8.4 million available for this project. RECOMMENDATION Staff recommends approval of Ordinance 21 -T -19 on first reading. Attachments Ordinance 21 -T -1.9 ORDINANCE NO. 21 -T -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021 BUDGET TO PROVIDE FUNDING FOR PROFESSIONAL SERVICES RELATED TO THE CORBETT GROUND STORAGE TANK, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 20 -T -31, the City of Schertz (the " it ") adopted the budget for the City for the fiscal year 2020 -2021 (the `Budget), which provides funding for the City's operations throughout the 2020 -2021 fiscal year; and WHEREAS, the City needs to authorize a budget amount of $512,000 for the purpose of contracting professional services and other associated expenses related to the Corbett Ground Storage Tank from the Water Capital Recovery Fund; 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 transfer for the Corbett Ground Storage Tank, 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 set a budget of $512,000 from the Water Capital Recovery Fund for the contracting of professional services and other associated expenses related to the Corbett Ground Storage Tank. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 11TH day of May, 2021. PASSED ON FINAL READING, the 25th day of May, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 9. CITY COUNCIL MEMORANDUM City Council May 1.1, 2021 Meeting: Department: Planning & Community Development Subject: ordinance 21 -A -13 - Consider and /or take action on a request for voluntary annexation of approximately 35.5 acres of land generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 31.0024 and 31003 1, Bexar County, Texas. Final Reading (B. James, L. Wood, E. Delgado) oi Sl�0109K Annexation of land into the City's corporate limits may be voluntary or involuntary. Each type has Texas Local Government Code (LGC) requirements that identify the necessary process based on the annexation type. The City's Unified Development Code (UDC) Section 21.4.8 includes provisions that apply to requests for voluntary annexation meeting certain criteria. This section of the City's UDC includes provisions for processing of voluntary annexation requests. On behalf of the property owners, Moy Tarin Ramirez Engineers, LLC submitted a petition for voluntary annexation to the City of Schertz for approximately 35.5 acres of land generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031. On April 6, 2021, City Council approved Resolution 21 -R -22, accepting a petition for voluntary annexation, therefore allowing this annexation ordinance to be heard by the City Council. The property owners are also requesting to zone the subject property to Planned Development District (PDD) immediately following action on Ordinance 21 -A -13. A public hearing notice was published in the San Antonio Express News for the public hearing associated with the annexation ordinance on April 14, 2021. City Staff also sent written notice of the proposed annexation to the Board of Trustees for Schertz- Cibolo- Universal. City ISD and all property owners within 200 feet on April 20, 2021. Additionally, a public hearing notice has been published on the City of Schertz website since April 21, 2021. At the time of this report, Staff have not received any responses to the annexation public hearing notice. GOAL The property owners are requesting voluntary annexation into the City of Schertz, because they want the subject property to be located within the Schertz City limits in order to develop the land as a residential subdivision under the Planned Development Zoning District (PDD). 14113 11TA10V611 O1►1HIV Promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Ordinance 21 -A -13 and the annexation of approximately 35.5 acres. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43, the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through an interlocal agreement, the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection, sewer service, and water service. However, The fiscal impact of this annexation was already accounted for given that the subject properties are under delayed annexation development agreements, which expire in August 2021. Per the original agreement, the subject properties were already planned to be annexed, and thus the aforementioned services were already planned to be provided, in August 2021. The annexation service plan attached to this CCM will be signed by the authorized agent of the property owner prior to the final reading of Ordinance 21 -A -1.3 at the May 11, 2021 City Council meeting. RECOMMENDATION Staff recommends approval of Ordinance 21 -A -13. ORDINANCE NO. 21-A-13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 35.5 ACRES OF LAND LOCATED IN BEXAR COUNTY, GENERALLY LOCATED APPROXIMATELY 4,000 FEET SOUTHEAST OF THE INTERSECTION BETWEEN FM 1518 AND LOWER SEGUIN ROAD, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 310024 AND 310031. WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Annexed Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous, pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended; and WHEREAS, Texas Local Government Code Section 43.028 authorizes the City of Schertz to extend its City limit boundaries through the voluntary annexation of area adjacent to those boundaries upon petition of a landowner; and WHEREAS, a public hearing notice was published in the San Antonio Express News on March 1.7, 2021 for the hearing held on April 6, 2021, and notice was published in the San Antonio Express News on April 14, 2021 for the hearing on May 4, 2021; and WHEREAS, on April 6, 2021 the City Council conducted a public hearing and after considering the request for voluntary annexation, adopted Resolution 21 -R -22 accepting a petition for voluntary annexation; and WHEREAS; the City Council finds that the Annexed Land is suitable, and it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to and made a part of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. Section 2. The Annexed Land shall be included within the City's corporate limits effective on the effective date of this Ordinance, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. Section 3. The land and territory more particularly described as that portion of the tract of land described in Exhibit A, attached hereto and incorporated herein by reference shall be part of the City of Schertz, Texas and inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Schertz, Texas. Section 4. A service plan outlining the provisions of necessary municipal service to the property described in Exhibit A is hereby approved and the implementation of said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit B. Section 5. The City manager is hereby authorized and directed to take appropriate action to have the official map of the City revised to reflect the additions to the City's Corporate Limits and the City Secretary is hereby authorized and directed to provide appropriate notice to the State of Texas and the County of Guadalupe of this annexation. Section 6. 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 7. 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 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. 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 10. 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 11. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 12. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 4th day of May, 2021. PASSED, APPROVED AND ADOPTED on final reading the 11th day of May, 2021. Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) Field Notes for a tract of land Containing 35.405 acres (1,542,228.37 square feet) tract of land TBPELS Engineering F-5297/Surveying No. 10 131500 12770 Cimarron Path, Suite 100 San Antonio, TX 78249 Ph. 210.698.5051 * Fx. 210.698.5085 Pap-e I of 2 Thence, with the southwest boundary of said 21.5 8 acre tract and a northeast boundary of said 34.335 acre tract, North. 30 degrees 18 minutes 41 seconds West, a distance of 655.26 feet, to a CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN ` ; 11, . M 1 I TT SIGNED: City Secretary City Manager Field Notes for a tract of land Containing 35.405 acres (1,542,228.37 square feet) tract of land TBPELS Engineering F-5297/Surveying No. 10 131500 12770 Cimarron Path, Suite 100 San Antonio, TX 78249 Ph. 210.698.5051 * Fx. 210.698.5085 Pap-e I of 2 Thence, with the southwest boundary of said 21.5 8 acre tract and a northeast boundary of said 34.335 acre tract, North. 30 degrees 18 minutes 41 seconds West, a distance of 655.26 feet, to a ," r, ; 1 N t' t } I jd f r, r I } r t i i �t i > ' a , , I r +,;, J , -'e' i ,,1i a , j J ' i „. i r, rr I r _' i` ' �. /,� /,1/ / �, I I ��. ,_ _.... .. _.. ` h ,.4 i �....._,, E, B TON FRIESENHAHN AND dJ - -- — -- tr_ t ;, , I i � , , 1, 1; "N' . `` , ; , I I VOLUME 15867E PAGES 1756 -1759 O. P. R. B. C. T. _ -- . 11 r REMAINING ACRES ,, ,, P t P ER 09811 i i r,r I ! �' rT ; r` NRO TOY IDO# , i ,,,I 1, If (I t 3 II f,.,,a ,' I 11 i N "I ^i }1 l J /' t ` tt �,. .. t S IN /` ,." _ „ 1 ` .. r ,_ rt .......,,,..�. ,; .,,, ,, f, _.. r ,_.. u i,`' --- --- —re's — --- - - -- -- ----- - - -' iii . „.. - , - "- _ , ,.. — ,_... _ _ _, „ _ _.,- .. ..,_ ... ,.... _., �,_. .",., - i r` t r r .'`' ,,: I r ,ti i } t { ' t` ? ` � r r ? ,. _ J `, t 17 t .,�.,._. ' � 1 �) ,,.. „ - „_. r _666 \ ° t r _ .. ..._ .. ,. r ,, _ / /yam/- _., , — _, r_„ , ♦p _ t .r` ; , '1,1 . , . ♦ I - f - ,,t t. . , 4 I i t,.,.t l�k'l"�.}i, , t i �. C) 5 r 'b% .. „ i „ . , _,._, , \ i�I' ,' ,r . r-• "..... ' {I LOT " , x, / 1., BLOCK 14 11 ,t r ^ Ni !. 1 iT ,!r `•r _ , 1 / ,,,,t .� i t a f ;� r "'(° ,w la Y ,. -, ' ` ' I111 i OPEN SPACE '0 E „." , I ,L ..—. IT P r, rr i �} ) 1-1 "' ♦ r i I � r' ♦ ♦t t._ ^ ,.. �. ♦``� , I r ,. .. 1, I i RHINE VALLEY w, ♦ i I'll „ ` ; t -` SUBDIVISION UNIT 1 .,.. � r! Jn , .., r % el"i'ri 'r, ♦ VOLUME 9677 PAGES ._ 1 D `- 011 LOWER SEGUIN _. („ t II 1 ;' I '' , `. 166 -170 PLAT RECORDS '� '` ”, , , `, ,.: f ti., , _ _. __ "._ ..,_ .. _ ' I'a i} DONNIE KT FISCHER AND I 1, ,t ,r � _, t PROPERTY ID# 1219941 .,' I ' \ /•,v I ,J ,,. i (:, ♦ \ , \.;rt4w " !r v ,�'. t .. i A. ,., , ♦ •. .,,,_. „ ..�. ,,, F t k, ) a'', , t,, -'♦ 'k .._.,, _. „. ',,,,..,.,..r ; r -, ' Y. , .a'} , ai } `�r• , x,,,,' ; ♦ iQ ., J , .` .. ::x= ' r t, v, VOLUMED 622 PAGES 2403 -2407 C, �S�c ” ` ij 1. I I'll y V I_ ,.r O I is I.tii, �,. r \, ,„ I ♦ ♦ i ,r, r,, /" /,, Ii I ' l �", '4 ' tx, x.,, II w� ,t, x r �5 OPRBCT ,c y /Q \ \ t . PROPERTY ID# 3100 ACRES 1 il� �I (� \ ;,t l } j ♦ i /rrl,rl I :'J, „- .,,...,.„ \O ♦ , ,� - r + Ij r t } °i 't •� ,Yanli I ♦ F Y r r, r� I *s1' '``• i 1'1 i \t% 'i , ,� Y „ "', r. .,....J 1) ` r ^,, ` t I.., I 1, /if i ,µ 1 r' ,�� t t i �." { r , ,1 r^ ..,,.,,. , .._ . ♦ ( l 3 i t ? t \ I . IN , r? a N_ yT I , FRED DEVELOPMENT, LLC, �,a i ,',� `I,� r ' ', A TEXAS LIMITED LIABILITY _''` �'' x tt ' t 1 n . „, °, 4 �i , t,, y , „ "„ 12330 LOWER SEGUIN RD COMPANY VOLUME 15711 I t J ; ,w. gj '" ,,, SCHERTZ, TX 78154, �'9 V , , ;„ PAGES x407 -1415 15 �I ` t , - , ( �' ° ' MARK M. REYES ” `' O. P. R. B. C. T. REMAINING ` t t' ic, 1, �� 16`wt r I I 3 1 } 4 },x "Y ,� , VOLUME 8495, PAGE 1301 V� °` PORTION OF 137.51 ACRES i 1 ; t ;f� 4 ' �-.. 1 .: v x. \� rt , ,t ;J CP) °rc1' 1 ` a'.R , ., ” O.P.R.B.C.T `\ - ,m PROPERTYlD# 1219946 ” 7 , x,,,,_ t, t rJ• t .„ ,..��... .,,, "x 'I r } z' x'', i €, i i 20.00 ACRES �,I „ ; ., I /J r s -, r' __., J N59 °36'57 "E 188.33' , r ' ; ` ' I � ' ; ; I -- PROPERTY lD# 310002 " , `' `" 11 ,i -.. .„ b, r I ...x ',„, t!.? I , 1 ...... . ......... ......... \ ',. t \ W`: ", "x.. , , ' ', c. t / ,- -- ?`._ - ". „.„ "r''. ,r r" �� ``� , ;� `•\ li .,_,�', ti „ „� ♦ , ,, *, xt „ \,;,.,. , ,., ?, x.., *.,.. � , , ,I i , Y I t I I '.. 'i `t .�'" \ ,, r I i ._, x.,,_. ,xt ;, w..,: \. " t . „. I t,�_.._.,,. ._,_... a r i? `'r`r” 4 , I ,.`` r.,. '' x t i :, ,.. t 1 , 7 ... „,. 'x r ,' F, a t "r,., t' , "` t \_ �f y �\ �I Ill/ .w ,� . x , 11 I ,r +t, ,,! ,J ' J ?, ;ti ' `/ ..+ . t I r �`x,.,,„ ,_., t. 1 1 qq 17 I} t I, _ ,_ — — -- -- — -- - -- -- — ♦ 13 _ 0 " :.x 12606 LOWER SEGUIN RD N59 °02 O 1 E 692.60 - — _ -_- -- - -- - - - -- r -, ,,, -- . -- _. _' , �. - -- „ _ - „ _ j , HERTZ TX 7 1 4 �� - _ .,_. ., „. ,. _ SC 8 5 (( "' _. i j ^ ° „ \; } - y.k,. = „„ -„ MICHAEL ASHER AND LINDA i ;`'t I r S24 00 42 E 205.48 1. I If r' ,,, I x, 1, ! } 11 \ r ', I- i a t S. HARMAN I �r 'J8' w ,. , I „ � ,, _, �_ , � S30 31 E 209.20 _ 1I y t :, " , CITY.OF SCHERTZ DOC. N0. 20140093450 ) , , +, (� 'mateewu„ ., „-, „,� , ®rte , __,. O.P.R.B.C.T. .'r - — x, , „ I / ,,” S59 29 09 W 71 1.35 I, „ = I I _ - CITY OF SCHERTZ ETJ 15.00 ACRES 4 „i r I / _'�' 1 fl, S59 29 09 W 256.02 ,. 7 6 PROPERTY ID# 310025 N 2 11 i w Jf li, ` t. - _. _— t , \ r ,� TRACT 2:," C, - , : ^ _. � � ,� 3 283 HERTZ I ..., ' ,' ,''? r9`�� , + AC WITHIN SC 6 L:� �„ 1 ,, CITY LIMITS �; °, ,,, r I �- ) r I° I rr ,r ,Lr , _ — r _ ' I I °_ 6' r '`t + A . TO BE ANNEXED 12818 LOWER SEGUIN , " } 7 l, _. N I _16.752 C � � Z „ .- _ : � - » , o INTO CITY N `' ;`' "` t _ RD SCHERTZ, TX 78154 I I , ,r , .w r ," N59 °32 37 E 840.23 4 /� 200 JA R R l 12 I „ `` NICE S LINDORFE p ,t , x" TRACT 1: 12 p W -- AND ROBERT C. 1' 1 LOWS SEGUIN I 11 - ; „.. �. _ � 740 LOWER SEGUIN R � , ,' r SCHERTZ, TX 78154R I ^ IN N ++018 655 AC. TO BE ANNEXED INTO CITY SCHERTZ, TX 78154 VOLUME08177 PAGES ) t, ' 1 ; ^ ^ I I 4 f ) ` MILTON FRIESENHAHN AND WIFE, 1 „. 12310 LOWER SEGUIN RD — i` t ALFRED L. FLUITT I `'” ..r t BILLIE FRIESENHAHN ET. AL. SCHERTZ, TX 78154 ' `` n ' 1250 -1256 O. P. R. B. C. T. , VOLUME 18218, PAGES / o �`t, , ; x ,,a 11 PENNY LU FAIRLEY (,' VOLUME 15867 PAGES 1749 -1752 I I _,. , � ` ", 12610 LOWER SEGUIN RD SCHERTZ, TX 78154 ,,, !'� 2089 -2093 O. P, R. B. C. T. < rn I ,'"I 15977 A CRES , I � a ? r ,` 'C � I , O. P. R. B. C. T. DOCUMENT NUMBER 2018012757 Y I'' SUE NELL FLUITT PROPERTY ID# 310030 1, �j ^ ', N CALLED 20.003 ACRES p ;I r 76.365 ACRES O. P. R. B. C. T. 1 I ,a , i; VOLUME 8472, PAGE 1941 O. P. R. B. C. T � Q) PROPERTY /D# 310031 s: III, 'h t4, 1 � PROPERTY fD# 310022 11 34.335 ACRE TRACT CALLED 21.580 ACRES 9 �' `� ' t' I I' i' I' , i II ;l I �' 11 a i I .i 1 I ,, ' - PROPERTY /D# 310024 �` PROPERTY ID# 310004 / I i II, • EXISTING LAND USE: RANGE . ` I 11..��, I �` °/" IMPROVED DRYLAND r'I.,w�1 ,` , 4' ' . 't ; ` 3 a, I, ' t � ,.. " . 7 / / / .,r i ? " ``4 ' r it , , 11' ! � I ' i, ! ! i r ... , , ,, t, 11 EXISTING LAND USE RANGE NATIVE PASTURE I/ F' ", a I / r r r` r / r r �7 , , _ i r t `,'.t i t ,, t ,.-.. ` o , „ , ...,... ..,.„ ,,,, ..,� „ , _ ..,__. .,v_ .,. t t', 1 ,,.1 I t i t _.... _ __" �'=r ._,,... - . 5 — `t S 9 39 33 W / 098.31 la) S59 °33 I' ' I ,I { "t ;, '� ` ..i ar ,'' i er;, _ ,..� ._.� ,. ' "'1 ,x' t.`'x� tt (; r )ate x 'FYI• -` r , , W 693 68 : ..„ t 45 �� � J ., ,_ Y. Jt. ,, `x s.., -M.... } < }yi1 ' i t O „„ , _, .,.. _, _.. , ",. �. ' tl ,'. t ,i � ' x _ „ _r I ., 't 7 - -', - -- ---_— —` _ x i l.} ' 'u a ( t ? I ,r` } - r' r , I I r x�. w '^ t 11 ; �.. r, _ �,. x . ( 9 ' 8702 E FM 1518 N ? , , , -, 1 " i 8 �° �.�, x„ SCHERTZ, TX 78154 `' ,'„ w _11" IN I .t` 12820 LOWER SEGUIN RD 1 " I. , STEVEN W. THURLOW 1. _ SCHERTZ, TX 78154 I „f ' J , r � } x / w,,. I I 11.077 ACRES SEANNA ERASER HOLTZ 1 , —. '", �, t t 4, i; .' t Y i ` I I PROPERTY ID# 1103091 } t I` _" if ' DOCUMENT NUMBER 20110157688 `} ' } } �Ta ` )" ' if ,r , , ..._,� ws 3 x I ,, O.P.R.B.C.T / r" - `) 11 I t TM ", I "I r, I -.,. x a r i, 194.101 ACRES n qq 1 ` "' ( _,.,...„ ? I t „ ..._,, i '; t e' r j ',:'/ ,, , ,` ` tit I r r n.. it a'I PRO 0032 �_" -'} 11 PROPERTY ID# 31 / J f 1" r' .t,,... :' •r,,, +.,. , i r ,.,, ,.. ,.., • 'i i ` ; •`,,-J +' f : ,,,, t w r - r I _w v_ __,___j , r' �— v w I r � 5 f i v t4: I ,, � � yl ��t �, � r , 11? r r r 1 , .. .- .. _ ,.1 t Y, s , , ) a a,( , ti. : , I ,. .. ...M,� : , r .,J � II 8890 E FM 1518 N �, ' .ti ,,� iIr " i _ „� t SCHERTZ, TX 78154 a x1 ` , ,r i ., 'i, _i.. �.> "._ tx L "' +..., 7 jta, ,.. , 1 rr ',t ,/ l r,/ �''? I .�� '' _ G 11 STEVEN W. THURLOW I _ f 1 r 11.077 ACRES i I �) I ") Jr} 11 ( 1 r r (.., �, 1 _ i � 1 PROPERTY ID# 1103092 J' ,, ;, } ' {,. t - .,.,.- „._.. i a x, I , a, i ,,. d, ..— �.' "` i. I ,'r rt} r t 1 t ,, .._., t r..- , _ \1 , P 1 11 P Y, / 71, ,' _ "- , r \ " ", ". tai ra a ' w a t �- r 11 11 1 " } �.. ,.. , ( rJ r r , t . �- NOTE: 1. NO PORTION OF THIS PROPERTY IS LOCATED WITHIN THE 100 —YEAR (1% CHANCE) FLOODPLAIN AS ACCORDING TO FEMA FIRM PANEL #48187CO24OF 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 1 01 O A 0 12610 LOWER SEGUIN RD SCHERTZ, TX 78154 \ �_ SALVADOR P. ALVAREZ I �o DOC. NUMBER 20060070306, ACRES 6, O.P.R.B.C.T. 1 \ 3,S,,, _- 2.00 PROPERTY ID# 1091215 _ RANDOLPH AFB �, \ < S�.O SITI 12746 LOWER SEGUIN RD SCHERTZ, TX 78154 \ 1� oweR S� CARLOS GARZA, JR. AND WIFE, \\ MARGRETL.CARTY 000 VOLUME 6541, PAGES 807 -811 O.P.R.B.C.T �F 2.005 ACRES ' PROPERTY /D #310027 s �O D °' S�GJ \� 12746 LOWER SEGUIN RD SCHERTZ, TX 78154 y"I JAMES B. CARTY 1p VOLUME 65421, ACRES O.P.R.B.C.T. �P��S�OJ\tJ 003 PROPERTY ID# 310030 �NA1 12840 LOWER SEGUIN RD SCHERTZ, TX 78154 KAREN MARX FI N LOCATION MAP VOLUME 18819 PAGES S 1 1418 418 -1423 o. P. R. B.C.T. NOT TO SCALE 8.132 A CRES PROPERTY ID #310019 rj 12870 LOWER SEGUIN RD SCHERTZ, TX 78154 GUILLERMO J. & MARTHA C. GUAJARDO VOLUME 18616 PAGES 400 -405 O. P. R. B. C. T. 5.500 A CRES PROPERTY ID #310021 LOWER SEGUIN RD SCHERTZ, TX 78154 VOLT UME 18819 R AGES 1418 O.P.R.B.C.T SCALE: 1"=300' 1.00 ACRES PROPERTY ID# 1139530 300 150 0 300 LEGEND - - SUBJECT PROPERTY BOUNDARY - — — — — - 200 1 NOTIFICATION BOUNDARY ---- - - - - -- PROPERTY BOUNDARY __ ___ EXISTING CONTOUR — — — — SCHERTZ CITY LIMITS O.P.R.B.C.T. OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY TEXAS / AREA TO BE ANNEXED INTO THE CITY OF SCHERTZ - AREA WITHIN THE SCHERTZ CITY LIMITS LAND USE TABLE IM I M •Engineers • Surveyors • Planners May Tarin Ramirez Engineers, LLC FIRM TBPELS:ENGINEERING F -5297 / SURVEYING F- 10131500 12770 CIMARRON PATH, SUITE 100 TEL: (210) 698 -5051 SAN ANTONIO, TEXAS 78249 FAX: (210) 698 -5085 OBJECT ID LAND USE DESCRIPTION r.-N\ Single- FamiIy Res Idential (�) Range Improved Dryland 3 Tillable Dry (Farm) Gj Range Improved Dryland (�) Base Rate Lot Tillable Dry Farm 7 Base Rate Lot l Base Rate Lot (�) Ra nge I mproved Dryl a nd 1 Q Tillable Dry (Farm) 11 Range Improved Dryland 12 Family Homesite Single /Range Improved Dryland 13 Family Homesite Si ngle 14 Fami I Homesite Si ngle 15 16 Single- Family Residential Single- Family Residential 17 I Base Rate Lot ae� ti X13 A � ""' fl,,, LOWER S 8702 E FM 1518 N (1103091) 12691 LOWER SEGUIN RD (309811) 12610 LOWER SEGUIN RD (310024) �1S�OSA p�\ 13011 LOWER SEGUIN RD (310011) 12740 LOWER a� SEGUIN RD NF vo (310031) i„�GGt 12820 LOWER SEGUIN RD (310032) 12573 LOWER m SEGUIN RD a....,.. .....�.....�...+.........�. (1314874) 12330 LOWER 0 'opn'G l h SEGUIN (D 3 0 02) 12606 LOWER SEGUIN RD �O (310025) 8702 E FM 1518 N (1103091) 12691 LOWER SEGUIN RD (309811) 12610 LOWER SEGUIN RD (310024) �1S�OSA p�\ 13011 LOWER SEGUIN RD (310011) 12740 LOWER a� SEGUIN RD NF vo (310031) i„�GGt 12820 LOWER SEGUIN RD (310032) Agenda No. 10. ei 10UM City Council May 11, 2021 Meeting: Department: Planning & Community Development Subject: ordinance 21 -S -14 Consider and/or take action on a request to rezone approximately 39.5 acres of land to Planned Development District (PDD), generally located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031, Bexar County, Texas.FinatReading (B. James, L. Wood, E. Delgado) I YXI G X" 1000117 Public Notice Fourteen (14) public hearing notices were mailed to surrounding property owners on April 2, 2021, prior to the Planning and Zoning Commission public hearing, and a public hearing notice was published in the "San Antonio Express" on April 14, 2021, prior to the City Council public hearing. At the time of this report Staff have received 9 responses in favor of the proposed zone change that represent 6 properties inside the 200' notification buffer, and 1 response opposed to the proposed zone change from properties inside the 200' notification buffer. The owner of approximately 14.25 per of the property within the 200' notice area has protested in writing. If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20 %) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three- fourths (3/4) of all members of the City Council according to LGC, Local Government Code § 211.006(d). Proposed Zoning The applicant is proposing to rezone 39.624 acres of land to Planned Development District (PDD). Currently, 4.217 acres of the subject property along Lower Seguin Road are located within the City limits and zoned Single - Family Residential Agricultural District (R -A), and the remaining 35.407 acres are outside the City limits and under a delayed annexation development agreement. The approximately 35.5 acres of land outside the City limits will also go through voluntary annexation proceedings along with this zone change application. The applicant is requesting to rezone all 39.624 acres of land to Planned Development District (PDD), which will consist of single - family residential uses and private parkland. According to the Carmel Ranch PDD Development Standards, the subdivision will contain three different lot codes: 'SF55', 'SF60', and'SF70'. All three of the proposed lot codes will have a base zoning district of Single - Family Residential (R -1). Please see "Table Two - Dimensional Requirements" within the Carmel. Ranch PDD Development Standards for full details on lot sizes and building setback requirements. The Carmel Ranch PDD will contain a maximum of 131 single - family residential lots, which roughly equates to 3.3 dwelling units per acre. The proposed mix of detached single - family residential lots would result in a median lot size of 60'x118', and an average lot size of 7,283 square feet. The PDD also outlines other modifications for residential lots, including a single -story height restriction for 75% of lots abutting arterial roadways; modified width requirements for lots on cul -de -sacs, knuckles, or curves (39' at lot frontage line and 50' at the building setback line); and driveway location restrictions that prevent side orientation and access of lots on street corners. In addition to the 131 single- family residences shown on the conceptual land use plan, the developer is also proposing to construct 0.708 acres of private parkland that will include active and passive improvements, as well as a trail system that will connect the surrounding neighborhood through the drainage corridors. A 10' shared -use pathway will also be constructed along Lower Seguin Road, which will meander throughout the landscaping within the 50' roadway landscape buffer. The Conceptual Land Plan is being revised by the Project Engineer following the Planning and Zoning Commission in order to more accurately depict the planned Residential Collector roadway that runs through the middle of the subject property. The Schertz Master Thoroughfare Plan (MTP) identifies a Residential Collector roadway with a 70' ROW section to extend from Lower Seguin Road to Interstate Highway 10, which was not clearly shown on the original Conceptual Land Plan presented to the Planning and Zoning Commission. The revised conceptual land plan will show the full 70' section intersecting with Lower Seguin Road across from St. Vincent Way in Rhine Valley Subdivision Unit 2, and then traveling southbound and stubbing for future development at the southern property boundary. The original Conceptual Land Plan that was presented to the Planning and Zoning Commission is the exhibit attached to this staff report; City Staff will work to publish an updated CCM for Ordinance 21 -5 -14 to include the new Conceptual Land Plan if the Project Engineer is able to provide the exhibit prior to the City Council Meeting next week. The Carmel Ranch PDD Development Standards proposes to modify the regulations for Subdivision Entry Signs and Development Signs. Please see the below tables for the proposed changes to UDC Sec. 21.1.1.15 and Sec. 21.11.1.8 and a comparison to the current sign regulations. Please note that the Development Sign regulations in UDC Sec. 21.11.18 have been split into two different categories: wayfinding signs and model ID signs. Wayfinding signs will give directional ques to drivers to locate the Parks, trail heads and builder model homes. The Model ID Signs may be monument signs and are made of wood, masonry, or metal built signs that are located at a builder's Model Home, identifying the builder name and to clearly designate that the home is a Model Home. Proposed Sign Regulations: UDC See. 21.11.18 Development Signs UDC Sec. Installed after final plat approval and Wayfinding Signs: Installed following 21.11.15.1 removed after 3 years or 75% build -out recordation of final plat for each unit Duration (whichever is soonest) for residential Model ID Signs: Installed following recordation of final plat and removed when model home is sold and closed Comprehensive Plan Conformance A Comprehensive Land Use Plan Amendment was approved by the Schertz City Council on December 1, 2020, which changed the future land use designations of the 39.5 acre subject area from the Estate Neighborhood and Agricultural Conservation land use designations to the Single - Family Residential land use designation. Areas classified under the Single - Family Residential land use designation are intended to utilize a traditional neighborhood design that includes a mix of residential uses, as well as limited commercial development to support the daily activities of the development. The proposed zone change meets the goals and objectives of the Single- Family Residential future Land use designation, and is therefore in conformance with the Comprehensive Land Use Plan. Impact to Public Facilities /Services In order to service the subject property the developer will be obligated to design water and sanitary sewer services throughout the subdivision during the Master Development Process in order to connect to public utility systems. The developer is also proposing to construct a lift station in association with the Saddlebrook Ranch Subdivision, and there is planned capacity for the Carinel Ranch Subdivision to connect to the public sanitary sewer system. A 15' ROW section will be required to be dedicated along Lower Seguin Road, which is identified as a Secondary Arterial Roadway (90' planned ROW section). If necessary, any further improvements to existing and planned public roadways will be identified through the Traffic Impact Analysis Study during the Master Development Plan process. In accordance with Texas Local Government Code (LGC) Chapter 43, the City must provide public services to the land on the effective date of the annexation, which is scheduled to occur simultaneously with the zone change application. Compatibility with Existing and Potential Adjacent Land Uses The subject property is currently surrounded by land that is undeveloped or used for agricultural purposes, as well as land utilized for single - family residential. The proposed zone change to PDD, given the single - family residential base zoning throughout the entirety of the subdivision, is compatible with the existing and potential adjacent Land uses. GOAL The project goal is to rezone 39.624 acres of land to Planned Development District (PDD). Currently, 4.217 acres of the subject property along Lower Seguin Road are located within the City limits and zoned Single- Family Residential Agricultural District (R -A), and the remaining 35.407 acres are outside the City limits and under a delayed annexation development agreement. The approximately 35.5 acres of land outside the City limits will also go through voluntary annexation proceedings along with this zone change application. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION Planning and Zoning Commission Recommendation The Schertz Planning and Zoning Commission met on April 14, 2021 and voted to recommend that City Council approve Ordinance 21 -5 -14 (ZC2021 -002) by unanimous vote (7 -0). Staff Recommendation The proposed zone change to PDD, which proposes a mix of detached single- family residential housing and an interconnected system of private trails and parkland, would allow the property to develop in accordance with the recently - approved Single- Family Residential future land use designation. Therefore, the proposed zone change meets the goals and objectives of the Comprehensive Land Use Plan. During the public hearings for the owner - requested comprehensive plan amendment for this subject property, City Council spoke extensively regarding their vision for new residential development; City Council indicated their preference for Staff to allow a greater range of lot sizes and housing types in order to potentially allow for more affordable housing options, as well as pull back on neighborhood design element oversight to show more deference to the evolving market. Staff believes the proposed Carmel Ranch Planned Development :District is compatible with City Council's direction. Therefore, Staff recommends approval of the proposed zone change to Planned Development District as submitted. FISCAL IMPACT None 1 9 PCOMLIl lu 10101 MEN I [17 011 Staff recommends approval of Ordinance 21 -5 -14. Attachments Ordinance 21 -5 -14 Ord. 21 -5 -14 Exhibit A Ord. 21 -5 -14 Exhibit B Ord. 21 -5 -14 Exhibit C Conceptual Land Plan Exhibit Aerial Map Public Hearing Notice Map Public Hearing Notice Responses M ILI 3ILIE1 ry RLICIMAIRSE AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 39.5 ACRES OF LAND TO PLANNED DEVELOPMENT DISTRICT (PDD), GENERALLY LOCATED APPROXIMATELY 4,000 FEET SOUTHEAST OF THE INTERSECTION BETWEEN FM 1518 AND LOWER SEGUIN ROAD, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 310024 AND 310031, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 39.5 acres of land located approximately 4,000 feet southeast of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 31.0031, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on April 1.4, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on May 4, 2021, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD) Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 4th day of May, 2021. PASSED, APPROVED AND ADOPTED on final reading the l lth day of May, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Field Notes for a tract of an Containing 39.624 acres (1,72 , 13.6 square feet) tract of land TBPELS Engineering F-52971Surveying No. 10 131500 12770 Cimarron Path, Suite 100 San Antonio, TX 78249 Ph. 210.698.5051 - F 210.698.5085 Pap-e 1 of 2 g 33 4 '^a mac' min °2? z O m 1 i 7� loot a Pm W o Nag co'a2° _W 602 4P c.., �N S302838 F 725590 o I U �f V m (P A e N O CO O J O CJt 40T W � t 23 � N A _ RitN � Z o n O X < D V m (P A W N O CO O J O CJt A W N x N D _ n v � O Z n O X < D a D O 3 3 3 3 _ 3 3 m 0 D � W D D n y 0 O Zm w q n z m Dw<ozo m m A 3 x N D _ n v � O Z n O X < D X 2D m 0 0 Q O Zm o a rmi-rn mAA u TA M m a D O O o ' O n D U it o o o WO 1301101 M C7_1 ►[9Il A Planned Development District Schertz, Texas January 2021 ]L General A. |ntroduo ion _______________________________________________________ \ B. Purpose and Intent l C. The Property __ l Table One — Units and Land Use 2 Affected UDC Articles 01. Zoning Districts 6) ......................................................................................... 2 A. 8h/ok- Family Ileek1entiu[imhkctpecthePI}[)___________________ 2 B. Dimensional and Development Standards (Section 2i5.7) ---------------------------------------- ] 111 KJmmo 0)____________ A. Homeowners Association- Section 2|.8.l(C] B. Architectural Review Committee IV. Site Design Standards 01 V. Signs 11) ........................................ A. Signs (Section 21.11.15 B. Development Signs (Section 21.11.18) V1^ 14)\----------- A. Street Improvement Standards (Section 2i.l4.l) B. Additional Design Requirements (Section 21.14.3 C. Sidewalks and Hiking Trails (Section 2l.|4.b) 5 5 5 5 5 6 6 6 7 7 7 7 W01301101 N C7_1 ►[9Il A Planned Development District Schertz, Texas L General A. Introduction Understanding that there would be circumstances in which a development might not be able to adhere to the strict regulations and design standards set forth in the Schertz Unified Development Code (UDC), the UDC established Article 5, Section 21.5.10, a Planned Development District (PDD), as an alternative approach to conventional land development. The City of Schertz Unified Development Code as amended will govern development of the property, except for the following statements. Development within the subject property is subject to general development plan review and approval by the City Council. Such general development plan review is to ensure conformance with the guidelines required herein and the goals and objectives of the City of Schertz Comprehensive Plan. B. Purpose and Intent The purpose of PDD regulations is to encourage and promote more creative, innovative, and imaginative land development than would not be possible under the regulations found in a typical zoning district. The intent is to allow substantial flexibility in planning, design and development standards in exchange for greater land values and amenities, such as enhanced parkland and open space, preservation of natural resources, pedestrian friendly environment, and deviation from the typical traffic patterns. It is this intrinsic flexibility, in the form of relief from the normal zoning ordinances, design standards, land use densities, and subdivision regulations, that allows for the definition of uses, densities and standards that will permit the alternative planning associated with a PDD and this development known as Fluitt Tract ( "Carmel Ranch "). C. The Property The attached metes and bounds (Exhibit "C ") place the property within the corporate limits of the City of Schertz upon annexation and Bexar County, Texas. The property is bounded on the north by Lower Seguin Road. The property contains 39.59 acres of land. Analysis of the property does not reveal any physical constraints or potential health or safety hazards. Further evaluation of the tract reveals that utilities are available and that the property's demands can be served. The Overall Recreation and Open Space Master Plan (exhibit "A ") are proposed. Such amenities will include both passive and active areas, as well as pathways. Walkways will provide links between park areas, open spaces, neighborhood units, and such amenities as playscapes. All of which to promote a safe and pedestrian friendly environment and overall livable community. 1 III. Special Uses (Article 8) A. Home Owners Association - Section 21.8.1(C) Even though Carmel Ranch is not proposed as a gated community, a Homeowners Association (HOA) will be established to provide upkeep within the development including the maintenance of common areas, landscape buffers, and maintaining fences, and/or walls, except for fences and/or walls located on individual or private lots, as well as hiking trails and multi -use paths within the development's common areas. B. Architectural Review Committee The Developer will establish an Architectural Review Committee (ARC) which will be responsible for reviewing and approving construction plans for all residential construction within the Carmel Ranch PDD. The ARC will consist of members appointed by the Developer until all of the property within the Carmel Ranch PDD has been transferred to an independent third party purchaser or to the HOA. Construction of residential and community amenities within the Carmel Ranch PDD shall first be submitted to the ARC for approval and to verify compliance with the terms, conditions and obligations of the PDD and deed restrictions. The ARC shall review such contemplated construction and shall, if approved, provide verification in a form acceptable to the City bywhich the ARC verifies that the plan for the contemplated construction complies with the PDD and associated guidelines. IV. Site Design Standards (Article 9) This proposed development conforms to the Comprehensive Land Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities. A. Lots (Section 21.9.3) Lot sizes and dimensions will conform to the minimum requirements recognized in Table Two of this PDD. In addition, the following requirements will apply to this PDD: • On a residential corner lot, orientation of the dwelling will be forward facing and in similar physical orientation with the other houses next -door and on the same street. Side orientation will not be permitted; • No driveway cuts or garage access will be permitted from a side orientation of a corner lot; • The width of a residential lot located on a cul -de -sac, knuckle or curve will be no less than thirty -nine (39) feet wide at the property line, and at least fifty (50) feet wide at the building line. 5 V. Signs (Article 11) A. Subdivision Entry Signs (Section 21.1.1.1.5) The provisions of this section shall only apply to entry signs that identify the residential or commercial development associated with this PDD and include the Subdivision Entry Signs, Wayfinding Signs, and Park ID Signs. Subdivision Entry Signs: Subdivision Entry Signs are two types, being Primary Subdivision Entry Signs and Secondary Entry Signs. Primary Subdivision Entry Signs may be located at both sides of the primary entrance into the subdivision located on Lower Seguin Rd. Secondary entrances may have one (1) subdivision entry sign per entrance which shall be a maximum of seventy -five percent (75 %) of the size of the primary entrance sign. 2. Maximum Area i. Project Entry Signs: Primary Subdivision Entry Signs will allow for a maximum area not to exceed one - hundred and eighty -seven (187) square feet per sign face and may consist of a surface with lettering and logo or a combination of both. 3. Subdivision Entry Feature An entry feature which is appropriate in scale to the size of the development and incorporating masonry walls, berms and/or decorative fencing, in combination with the Primary Subdivision Entry Signs, may be constructed at the primary subdivision entrance on Lower Seguin Rd and the Secondary Entry locations provided the maximum area per entry sign(s) shall not exceed the square footage noted above. B. Development Signs (Section 21.11.18) Development Signs are typically wood, durable plastic, or metal and advertise the community, builders, land uses within the community, and communities within the development. The signs may also be used for providing traffic direction to specific internal destinations. Development signs may be categorized into two types, being Wayfinding Signs and Model ID Signs. Wayfinding signs will give directional ques to drivers to locate the Parks, trailheads, the next -door school and builder model homes. The Model ID Signs may be monument signs and are made of wood, masonry, or metal -built signs that are located at a builder's Model Home, identifying the builder name and to clearly designate that the home is a Model Home. 1. Maximum Area Wayfinding Signs: Wayfinding Signs are internal to the community, and shall not exceed thirty - two (32) square feet per sign face. These signs will be double -faced and placed perpendicular to the street no VII. Amendments to the Planned Development District (PDD) Any significant future changes from the established Dimensional Requirements for the approved PDD, which alter the concept of the PDD or increase the density, will cause the plan to be re- submitted for approval by the Planning & Zoning Commission and the City Council, including a new public hearing with applicable fees. Minor changes which do not change the concept or intent of the development shall be approved or denied administratively. N. i i � u • u R: \Fluitt Tract \Drawings \Exhibits \2020- 10- 07_revised layout \00_BASE - 2021- 04- 27.dwg, Option one (revised), 5/4/2021 10:59:18 AM, bdeluna, DWG To PDF,pc3, ARCH full bleed D (24.00 x36,00 Inches), 1:1 z 0 O O 50 L' ANDSCAPE BUFFER - t 50' LANDSCAPE BUFFER A y �r.0'Lt'"'_..H� TRAIL TRAIL:" 'SPrACE 61 60 59 58 57 56 55 54 365, AC = 1+20 �Oxx Y 62 S'T� = DETENTION 4 TRAIL �O7V �T✓ � � � xr � J LOCAL 11A11� a , ; ;� ��v � ��, ' ' SCHERTZ CITY LIMITS SCHERTZ 1 H _ _ `t' �,��,�,�������rt "' t,� r��� � CITY LIMIT. �/ - - - �� " z OWNER: �. SCHERTZ ETJ ASHER RORIS LIE I m I Sr I SCHERTZ ETJ ASHER MICHAEL & HARMAN LINDAS S I a Q I� d 06 Ir CB 5059 P -1 0B ABS 187 2011 -MERGE Q o° 66 67 68 69 70 �r ¢ , 1 C) PER CR# 23514 I O r- cv I 64 65 H Q Ui_j0t -c11" ZQ�� I OWOro I ,_ N5u U `n I Q o I 81 80 79 78 77 76 75 74 73 72 71 Q m I I O I� O U Q o Q U 4 Y I to� I g l MZ I ���r f LOCAL IIA„, PARKIN,G,,k „5 �t 4 ” I �+d U I 1 TRAIL TRAIL I MAIL BOX H -- Q 5 70.00' MIN. 70.00' MIN. z 0 o O O O N N --------------------------- - - - - -- I - - - - -- ----------------------- 50' STREET R.O.W. 30 PVVT. 70'X 120' TYPICAL LOT LAYOUT NOT TO SCALE OWNER: HO CB i • ABS :. 1 AC CB 5066 P-3 ABS 609 3.500 AC 60.00' MIN. 60.00" MIN. Z_ z 0 0 O O O Lc� cl� 50' STREET R.O.W. X30' PVM'T. 60'X 120' TYPICAL LOT LAYOUT NO -1 -10 SCALE 55.00' MIN. 55.00 MIN. z 0 O C\I - - - - -- ----------------- - - - - -- ---- - - - - -- - - -- ------------------------- 50' STREET R.O.W. 30' PVVT. 55' X 125' TYPICAL LOT LAYOUT NOT TO SCALE 0 m 0 m ti O rt 2 U m J SCALE: 1" =100' e O Q) 100 50 0 100 a O (n z m Ly 0 O � � O LEGEND 0 0 PROPOSED 55'x125' LOT PROPOSED 60'x120' LOT Q PROPOSED 70'x120' LOT 15' STREET DEDICATION o LANDSCAPE BUFFER /TRAIL TRACT DRAINAGE, DETENTION AND RETENTION AREA LOCAL A STREET — 0 V1 H O Ln COLLECTOR STREET v O i J cc PROPOSED TRAIL O o PROPOSED CURB "LOCAL A" PROPOSED CURB "COLLECTOR" L Q LLJ PROPOSED STREET CENTERLINE - N 0-) 0� O •r Li_ hJ O �� a Cn zr • W Q (1_ - � � O Cr Q z 0 � '75;o oQ �Q (n O H ° J 0 oo 0 H� Q z J O Q J O H Q Q O LOT SIZE QUANTITY 70'x120' 16 60'x120' 49 55'x125' 63 TOTAL 128 AVERAGE LOT AREA 7,190 S.F. HH H i EX1 15' B.S.I. __J o_ [_0T (7,200 S.F.) J M 0 25' B.S.E. 60.00" MIN. Z_ z 0 0 O O O Lc� cl� 50' STREET R.O.W. X30' PVM'T. 60'X 120' TYPICAL LOT LAYOUT NO -1 -10 SCALE 55.00' MIN. 55.00 MIN. z 0 O C\I - - - - -- ----------------- - - - - -- ---- - - - - -- - - -- ------------------------- 50' STREET R.O.W. 30' PVVT. 55' X 125' TYPICAL LOT LAYOUT NOT TO SCALE 0 m 0 m ti O rt 2 U m J SCALE: 1" =100' e O Q) 100 50 0 100 a O (n z m Ly 0 O � � O LEGEND 0 0 PROPOSED 55'x125' LOT PROPOSED 60'x120' LOT Q PROPOSED 70'x120' LOT 15' STREET DEDICATION o LANDSCAPE BUFFER /TRAIL TRACT DRAINAGE, DETENTION AND RETENTION AREA LOCAL A STREET — 0 V1 H O Ln COLLECTOR STREET v O i J cc PROPOSED TRAIL O o PROPOSED CURB "LOCAL A" PROPOSED CURB "COLLECTOR" L Q LLJ PROPOSED STREET CENTERLINE - N 0-) 0� O •r Li_ hJ O �� a Cn zr • W Q (1_ - � � O Cr Q z 0 � '75;o oQ �Q (n O H ° J 0 oo 0 H� Q z J O Q J O H Q Q O LOT SIZE QUANTITY 70'x120' 16 60'x120' 49 55'x125' 63 TOTAL 128 AVERAGE LOT AREA 7,190 S.F. HH H i EX1 ae� ti X13 A � ""' fl,,, LOWER S 8702 E FM 1518 N (1103091) 12691 LOWER SEGUIN RD (309811) 12610 LOWER SEGUIN RD (310024) �1S�OSA p�\ 13011 LOWER SEGUIN RD (310011) 12740 LOWER a� SEGUIN RD NF vo (310031) i„�GGt 12820 LOWER SEGUIN RD (310032) 12573 LOWER m SEGUIN RD a....,.. .....�.....�...+.........�. (1314874) 12330 LOWER 0 'opn'G l h SEGUIN (D 3 0 02) 12606 LOWER SEGUIN RD �O (310025) 8702 E FM 1518 N (1103091) 12691 LOWER SEGUIN RD (309811) 12610 LOWER SEGUIN RD (310024) �1S�OSA p�\ 13011 LOWER SEGUIN RD (310011) 12740 LOWER a� SEGUIN RD NF vo (310031) i„�GGt 12820 LOWER SEGUIN RD (310032) Reply For I am: in favor of 12 %Rgsed to 11 neutral to 11 the request for ZC2021-002 1400 Schertz Parkway Schertz, Texas 78154 A 210.619.1000 W9 Meaan Harrison Mrl'm I" Mrl'm I" "Mm"", Mrl'm I" M(I'M M Mrl'm I" From: Norma Frasier Sent: Monday, April 12, 2021 5:36 PM To: planning@schertz.com Subject: April 14, 2021 Public Hearing Nick Koplyay, I am very much in favor of the request to rezone the 39.5 acre to planned Development District PPD located on Lower Seguin Road. I cannot be there in person because of health reasons Sincerely Alfred Fluitt. My email is d jr i gli Jym �,Lnaijtcorn ��pyj Dear Property Owner, Sincerely, Nick Koplyay Senior Planner WIN Dow Pmpeq Owner, Si nom*, Nick K"ay Senior Plannar STREET ADDRESS:—!, a n ftA 1 4M sdvrk P2*my A &haft TOM M54 s. Dow ft"rty Owner, am: in favor of M§Ld tD ■ MUM to LIF NOTICE OF PUBUG HEARING APHI 2,2021 STREETADDRESS: 4 I c ® 1 4M Sahoriz Pwkway Schertz; Tom 781 54 210.61SA000 COMMUNFFY SERVICE SCHIERTZ lilll OPPORTUNRY DEVF,LOPMNT wo� NAME:,- SIGNATURE (PLEASE PR NT) STREET ADDRESS: DATE: 4 -S�J" it'; Ifo a. -- -- 140 0 Schertz Pa*way ScheU Tom 78154 4 210.619.1000 1 suh9riz �;Pm DEVELOPMENT • . . . . . . . . . . . . . . Sincerely, Nick Koplyay Senior Planner Reply Forrn I: in favor of 0" gMed to 0 neutral to 0 the request for ZC2021-002 V97175TO 1 4M SMenz Parkmy -p U101.1 t I 9�=� i DEVELOPMENT The Plannin and Zo i., Sincerely, DATE: 1400 Schertz Parkway Schedz, Texas 78154 210.619.1000 schert, f' DEVELOPMENT L Is E ` f f- 19 . ' f f f f ' # # f • " f' f ,f# "f • i f 1 ` ' # f " f ' • � # f ! 1 # f 1 i , " i • f, ` , 1 1 ' f i i .. i - t i ! 1 ##° M r i1- Sincerely, Nick l Senior Planner Reply favor of ■ opposed to t ngutral to ■ the request for I r W �. 14 , TO= 78154 21.0.619.1000 schenz.com r Im mlmv!T t'! f ul-MEMM! MEME-M Gary & Penny Fairley 12310 Lower S"qi n Rd. 210-240-9993 ei IRIUM City Council May 11, 2021 Meeting: Department: Planning & Community Development Agenda No. 11. Subject: Ordinance 21 -5 -15 Consideration and /or take action on a request to rezone approximately 66 acres of land from Single -Family Residential District (R -2) and Neighborhood Services District (NS) to Planned Development District (PDD), generally located southwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. Final Reading (B. James, L. Wood, E. Delgado) I YXI G X" 1000117 May 4, 2021 City Council Meeting Update At the May 4, 2021 City Council meeting staff indicated along with the developer that several changes were proposed from the originally provided PDD Design. Standards in order to try and alleviate some concerns discussed at the Planning and Zoning Commission. Those modifications were presented at the City Council meeting, and are identified below. At the City Council meeting, there was a lengthy discussion in relation to Wiederstein Road and the concerns with the driveways proposed to take access. The developer has included an additional proposed change to the PDD Design Standards in order to allow additional flexibility and a potential alternative to the driveways directly onto Wiederstein, identified below at Section 21.14.4.H / Page 1.1. This proposed alternative would be reviewed and evaluated during the Master Development Plan process for viability. PDD Section / Page Language within PDD Document within Number Language within PDD Document May 11, 2021 Packet within the within May 4, 2021 packet (proposed changed language identified by PDD bold text) Document Table 3 / Page 6 *Rectangular shaped lots shall have minimum 7.5 -foot side yard *Rectangular Shaped lots shall have minimum 6 -foot setbacks side yard setbacks This is an addition for clarity on lot * *Minimum depth shall be taken at the Table 3 / Page 6 measurements that was not originally within the May 4th presented PDD. midplane of the lot Residential lots may front Wiederstein Road, Residential lots may front Wiederstein Road, a a residential collector. Driveways for all residential collector. Driveways for all residential lots residential lots fronting Wiederstein Road fronting Wiederstein Road, without alley access, Section 219.3.x /Page will have a "T" turnaround eliminating the will have a "T" turnaround eliminating the need for need for vehicles to back onto the road. vehicles to back onto the road. Dimensional Dimensional requirements for proposed "T" requirements for proposed "T" turnarounds are provided turnarounds are provided with Exhibit "Y'. with Exhibit "3 ". A trail will be provided along the drainage A trail will be provided along the drainage way from Schertz Parkway to West Section 219.10 Park Dietz Creek as shown on Exhibit "4" (Wiederstein and West Dietz Creek Trail and open space way from Schertz Parkway to West Dietz Dedication Creek as shown on Exhibit "4" (Wiederstein Plan), or as approved by the Parks Requirements / Page 9 Department. and West Dietz Creek Trail Plan). First Reading Results: At the May 4, 2021 City Council meeting, City Council took action and voted to approve Ordinance 21 -S -15 on the first reading with a 5 -2 vote. Public Notice Sixty (60) public hearing notices were mailed to surrounding property owners on April 2, 2021, prior to the Planning and Zoning Commission public hearing, and a public hearing notice was published in the "San Antonio Express" on April 14, 2021, prior to the City Council public hearing. At the time of this report Staff has received 2 responses in favor of the proposed zone change that represent 198 properties inside the 200' notification buffer, and 40 responses opposed to the proposed zone change that represent 34 different properties inside the 200' notification buffer. The 34 properties opposed to the proposed zone change represent approximately 19.05% (8.966 acres) of the total area within 200 feet of the boundary of the proposed zone change (47.060 acres). Staff also received 13 responses opposed to the proposed zone change, representing 8 properties, from property owners outside the 200' notification buffer. Please note that the number of responses received is greater than the number of identified properties due to some property owners providing multiple responses. If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20 %) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three- fourths (3/4) of all members of the City Council according to LGC, Local Government Code § 211.006(d). Proposed Zoning The applicant is proposing to rezone approximately 66 acres of land from Single - Family Residential Cul- de-sac streets shall not exceed 500 feet in length and shall Cul -de -sac streets shall not exceed 500 feet in length and shall have a turnaround have a turnaround of not less than 100 feet in diameter of ROW in of not less than 120 feet in diameter of ROW in single- family residential single- family residential areas. This provision may be modified Section 21.14.1.E Dead : upon approval of the Fire Chief and City Engineer. The length of areas. This provision may be modified upon approval of the Fire Chief and City End Streets / Page 10 the cul -de -sac south of Wiederstein Road in excess of 2,225 feet Engineer. The length of the cul-de -sac south of Wiederstein Road in excess of shall be allowed and is attributed to physical barriers, properly 2,225 feet shall be allowed and is attributed to physical barriers, property ownership and adjacent existing subdivisions. A variable width ownership and adjacent existing subdivisions. A variable width emergency emergency access drive is being provided back to Wiederstein access drive is being provided back to Wiederstein Road given the length of the Road given the length of the cul -de -sac. cul -de -sac. The 40' street section from face of curb to face of curb The 40' street section from face of curb to will consist of (2) 12' travel lanes, (1) 12' parking and Section 21.14.1.P / face of curb will consist of (2) 12' travel bike lane, and (1) 4' bike lane, or as approved by Page 11 lanes, (1) 12' parking and bike lane, and (1) the Parks Department, Engineering 4' bike lane. Department, and Planning Division. Alleys will be provide rear ingress /egress on the south side of Wiederstein Road for certain lots within Blocks 3 & 4 as seen in Exhibit "2" (Conceptual Coving Plan).; Alleys shall be allowed on the north side of Alleys will be provide rear ingress /egress on the south side of Wiederstein Road for certain lots within Block 3 & 4 as seen in Wiederstein, if approved by the Section 21.14.4.H / Page 11 Exhibit "2" (Conceptual Plan). The alleys will consist of a Engineering and Planning Departments, as 0' d sects twenty (20') asphalt paved section with header curbs bordering g g g p � both sides. part of the master development plan process. The alleys will consist of a twenty foot (20') asphalt paved section with header curbs bordering both sides. A trail will be provided along the drainage way from A trail will be provided along the drainage Schertz Parkway to West Dietz Creek, and continue way from Schertz Parkway to West Dietz along West Dietz Creek as shown in Exhibit "4" Creek, and continue along West Dietz Creek (wiederstein and West Dietz Creek Trail Plan), or as Section 21.14.6 as shown in Exhibit "4" (Wiederstein and approved by the Parks Department. The hike Sidewalks and Hike West Dietz Creek Trail Plan). The hike and and bike trail shall be constructed by the Heritage Oaks and Bike Trails / Page 12 bike trail shall be constructed by the Heritage Neighborhood developer and dedicated to the City of Oaks Neighborhood developer and dedicated Schertz for public use. The trail shall be 10 foot (10') in to the City of Schertz for public use. The trail width and paved with concrete, or alternative shall be 10 foot (10') in width and paved with material as approved by the Parks concrete. Department. First Reading Results: At the May 4, 2021 City Council meeting, City Council took action and voted to approve Ordinance 21 -S -15 on the first reading with a 5 -2 vote. Public Notice Sixty (60) public hearing notices were mailed to surrounding property owners on April 2, 2021, prior to the Planning and Zoning Commission public hearing, and a public hearing notice was published in the "San Antonio Express" on April 14, 2021, prior to the City Council public hearing. At the time of this report Staff has received 2 responses in favor of the proposed zone change that represent 198 properties inside the 200' notification buffer, and 40 responses opposed to the proposed zone change that represent 34 different properties inside the 200' notification buffer. The 34 properties opposed to the proposed zone change represent approximately 19.05% (8.966 acres) of the total area within 200 feet of the boundary of the proposed zone change (47.060 acres). Staff also received 13 responses opposed to the proposed zone change, representing 8 properties, from property owners outside the 200' notification buffer. Please note that the number of responses received is greater than the number of identified properties due to some property owners providing multiple responses. If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20 %) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three- fourths (3/4) of all members of the City Council according to LGC, Local Government Code § 211.006(d). Proposed Zoning The applicant is proposing to rezone approximately 66 acres of land from Single - Family Residential District (R -2) and Neighborhood Services District (NS) to Planned Development District (PDD), generally located southwest of the intersection between Schertz Parkway and Wiederstein Road. The Heritage Oaks Planned Development District will consist of single - family residential houses and public trails. Subsequent to the Planning and Zoning Commission, the ownership of one of the lots of Live Oaks Hlls came into question. The applicant has removed that lot from the rezoning request. This removal will require some slight modifications to the layout in one area as a result. Coving Plan This application is proposing to zone change approximately 66 acres of land from Single - Family Residential District (R -2) and Neighborhood Services District (NS) to Planned Development District (PDD) in order to develop a detached, single- family residential neighborhood. As shown on the Conceptual Land Plan (Exhibit 2 within the attached PDD document), The Heritage Oaks Subdivision is designed through a coving plan. Contrary to traditional urban grid patterns, the Coving plan is characterized by winding roads and meandering setbacks that result in less impervious coverage, as well as increased open space and potential tree preservation. Revised Lot Standards According to the proposed Heritage Oaks PDD Development Standards, the base zoning for the subject property will be Single - Family Residential District (R -1); the development of any residential lots will follow the R -1 zoning district unless otherwise stated in the PDD. The Heritage Oaks PDD proposes revised dimensional requirements, which outline a minimum lot size of 6,000 square feet, with a minimum width of 50 feet and a minimum depth of 1.20 feet. While the minimum rear yard setback will remain the same as the R -1 base zoning district, the minimum front yard setback will be reduced from 25 feet to 20 feet and the minimum side yard setback will be reduced from 10 feet to 5 feet. The minimum side yard setback for rectangular shaped lots within the PDD will be set at 7.5 feet instead of 5 feet. Please see Table 3 on page 6 of the attached PDD document for full details on the proposed lot dimension standards. While these are the absolute minimum lot dimensions for the buildable, single - family residential lots in the Heritage Oaks PDD, they were put into place for a few lots within the Heritage Oaks Subdivision according the Coving Plan the mean lot size for the development is 9,020 square feet and the median lot size for the development is 8,432 square feet. The dimensional requirements were modified following the Planning and Zoning Commission meeting in order to provide a little flexibility for the full civil engineering design work that will be done with the future Master Development Plan. The applicant has also added a requirement within the PDD lot standards, which states, "no permanent structures or heating, ventilation, and air conditioning equipment will be allowed in side yards less than 10 feet." This additional requirement, as well as the newly increased side yard setbacks from 5 feet to 7.5 feet for rectangular shaped lots, was established in response to the Planning and Zoning Commission's concerns regarding the potential impact of the side yard setbacks on our emergency services. The Conceptual Coving Plan will be revised in between City Council's first and second reading of Ordinance 21 -5 -15 in order to more accurately reflect the new dimensional changes. The maximum number of lots allowed within the subdivision is 215, resulting in a maximum density of 3.25 dwelling units per acre. In addition to the dimensional and density requirements the Heritage Oaks PDD outlines other regulations for the single- family residential lot, including reduced lot width for lots located on a cul -de -sac, knuckle -sac, or curve (30 feet instead of 55 feet), and a mandatory "T" turnaround driveway for all lots that front Wiederstein Road. The mandatory pavement section for the "T" turnaround driveways can be seen within Exhibit 3 of the PDD document. The maximum number of lots allowed within the subdivision was modified from 208 lots to 215 lots following the Planning and Zoning Commission meeting in order to provide a little flexibility for the full civil engineering design work that will be done with the future Master Development Plan. Revised Street Standards Given Wiederstein Road's status as a Residential Collector on our Master Thoroughfare Plan (.MTP), individual residential lots would typically not be allowed to access the roadway and would instead have frontage on a local street. However, in this case, lots being allowed to front on Wiederstein Road is an integral part of the coving plan design of the neighborhood. The developer has planned alleys along the southern side of Wiederstein Road (eastbound traffic) in an effort to reduce the total amount of driveways accessing the roadway and to mitigate potential traffic concerns. The required "T" turnaround driveways along the lots that front Wiederstein Road also aim to ease the transition of automobiles from private driveways to the Residential Collector by allowing residents to avoid reversing into the road. While the overall width of the roadway is planned to remain as the MTP Residential Collector standard of a 70' .ROW section with 38' of pavement, the cross - section for Wiederstein Road will be slightly modified to widen the bike lane on one side of the road. The intended effect of this modification is to create a 12' bike lane /parallel parking section that will provide parking options on Wiederstein Road for lots that take their access from the alleys. The trade -off of this regulation is that without widening the overall roadway section, the bike lane on the other side of the roadway will be reduced to 4'. Please see the proposed roadway section for Wiederstein Road within Figure 5 of the attached PDD document (page 1.1). The developer is also proposing to revise the alignment of Wiederstein Road; instead of equally bisecting the Live Oak Hills subdivision as the road does in Selma, Wiederstein Road will swing to the south and curve back up to realign with the existing road as it crosses West Dietz Creek. While the local streets within the Heritage Oaks Subdivision will adhere to the minimum curvature allowed by the city, the Residential Collector will provide a minimum radius of 300'. The street section will utilize reverse curves instead of the required tangent length of 150' for this roadway classification. The City of Schertz Engineering Department does have concerns about the roadway not having a tangent section between the curves, because this generally requires drivers to work harder to be more attentive and monitor speeds more closely. It would be more beneficial to have larger radii on the roadway curvatures; however, Staff understands the specific Wiederstein Road ROW section is necessary for the implementation of the overall coving plan. Under the revised street requirements highlighted on Page 10 of the PDD document, all cul -de -sacs will have a maximum length of 500 feet and shall have a minimum turnaround radius of 100 feet in diameter, as opposed to the currently required minimum cul -de -sac radius of 150 feet in diameter. The cul -de -sac extending to the south of Wiederstein Road that wraps around the GVEC electric substation towards the remainder of the subject property will be allowed to extend 2,225 feet given the physical barrier of the surrounding properties. A variable width emergency access driveway extending from Wiederstein Road right next to Dietz Creek will provide the second point of access to this part of the subdivision, as shown on the Conceptual Land Plan (Exhibit 2 within the attached PDD document). The PDD also proposed a revised maximum block length of 1,733', as opposed to the currently required maximum block length of 1,400' for minor and secondary streets. This regulation specifically pertains to the local roadway proposed to the north of Wiederstein Road, as shown within Figure 3 of the attached PDD document (page 17). Typically, according to UDC Sec. 21.9.2, a waiver to the required block length may be allowed in cases where physical barriers, property ownership, or adjacent existing subdivisions create conditions where it is appropriate; in this case, the developer is requesting to write in an extended maximum block regulation into the PDD document rather than request a waiver. Even though the Planning and Zoning Commission cited the reduced alley sections as a reason for recommending denial of the proposed zoning application, the alley sections proposed in the Heritage Oaks PDD are not actually substandard in comparison to the current UDC standards. The alleys proposed in the coving plan are 24' of ROW with 20' of pavement, and the minimum paved alley section required in UDC Sec. 21.14.1.P.1 is 20' of ROW with 20' of pavement. Also, the alleys proposed in the Heritage Oaks PDD only have single - family residential homes fronting one side of the alley instead of both sides. All of this should mitigate the Commissioners' concerns on alley width. Revised Parkland and Trail Requirements Under the proposed Heritage Oaks PDD Development Standards, the park and open space dedication requirements will not apply to development within the subdivision. The intent of UDC Sec. 21.9. 10 is to only apply parkland dedicat]on/fee -in -lieu requirements towards the creation of any new dwelling units, and this has influenced past cases in which a plat was filled to further subdivide residential land where we have only applied parkland dedication /fee -in -lieu requirements to any additional lots. Given that approximately 45 acres out of the 66 -acre subject property was already platted as part of the Live Oak Hills Subdivision, the developer could potentially construct homes on the 180 platted lots without dedicating any parkland or paying fees -in -lieu of dedicating land. The parkland dedication /fee -in -lieu requirements for Heritage Oaks would only apply to any dwelling units constructed in excess of 180. Since there is a maximum density requirement of 215 lots throughout the entire subdivision, the parkland dedication /fee -in -lieu requirements would only apply to a maximum of 35 lots within the Heritage Oaks Subdivision; however, the developer is proposing to remove the requirements for the neighborhood through the PDD. The developer will be constructing 10' concrete trails generally in accordance with the Trails Master Plan within the Schertz MTP: one will be located along the drainage /open space corridor along Wiederstein Road, stretching from Schertz Parkway to West Dietz Creek, and the other will be located along West Dietz Creek, stretching from Wiederstein Road to the southern edge of the subject property. In order to Dietz Creek, stretching from Wiederstein Road to the southern edge of the subject property. In order to help continue the trail that extends under the high -line electric easement to the northeast, the developer will be required to dedicate 30' for a trail where the high -line easement overlaps with his property. For reference, please see the Wiederstein and West Dietz Creek Trail Plan, included as Exhibit 4 in the PDD document. Revised Landscaping and Tree Preservation /Mitigation Requirements The developer is revising the landscaping requirements for detached single - family residential lots; according to UDC Sec. 21.9.7.E.3.a, the current requirement for each single - family residential lot is to provide a minimum of three (3) shade trees which shall include a minimum of one (1) tree in the front yard and one (1) tree in the rear yard. The Heritage Oaks PDD will keep this requirement, but will also add the requirement that each single - family lot shall have a minimum of 1.5 caliper inches. Our current minimum planting size is 2.5 caliper inches, so the 3 tree current minimum equates to 7.5 caliper inches per lot. This new requirement would double the required inches on a single - family residentiallot. The additional requirement is written in terms of increased inches instead of increased trees in order to promote the preservation of existing Protected and Heritage Class trees. The Heritage Oaks PDD also revises the tree preservation and mitigation requirements outlined in UDC Sec. 21.9.9. Under the current protection standards, 25% of all Protected Class (8 -24 caliper inches) and Heritage Class (24+ caliper inches) trees must be preserved. Under the current mitigation standards, the tree mitigation fee is set at $100 /inch. Any removed Protected Class trees shall be mitigated at a 1:1 caliper inch ratio, and any removed Heritage Class trees shall be mitigated at a 3:1 caliper inch ratio. In practice, this equates to $100 /inch for Protected Class trees and $300 /inch for Heritage Class trees. There are specific tree species that are exempt from preservation /mitigation requirements, as well as trees located within :ROW shown on the Master Thoroughfare Plan, trees located within utility easements, and trees that are damaged or dying. The Heritage Oaks PDD proposes the preservation of at least 50% of all Heritage trees, with all trees located within proposed ROW, utility easements, and drainage easements being exempt from this requirement. The Heritage Oaks PDD also proposes no tree preservation or mitigation requirements for Protected Class trees, and proposed no tree mitigation requirements for Heritage Class trees. Please see the below table detailing the differences between the current and proposed landscaping and tree preservation /mitigation regulations. Current vs. Proposed LandscaninLy and Tree Preservation /MitiLwation Regulations UDC Current UDC Regulations Proposed Regulation Section UDC Sec. 3 trees minimum per lot, with at least I tree in the front yard and 1 3 trees minimum per lot, with at feast ] tree in the front yard and I tree in the 21.9.7.E.3.a tree in the backyard (effectively 7.5" minimum per lot) backyard; 15" total minimum per lot UDC Sec. 25% of all Protected and Heritage trees preserved (with species No Protected tree preservation requirements and 50% Heritage trees preserved (with 21.9.9.0 exemptions, MTP roadway exemption, utility easement exemption, species exemptions, all ROW exemption, utility easement exemption, drainage and damaged /dying tree exemption) I easement exemption, and damaged /dying tree exemption) UDC Sec. $100 /inch Protected tree mitigation fees; $300 /inch Heritage tree No tree mitigation fees 21.9.9.D I mitigation fees A preliminary tree preservation study was performed only for the Heritage Class trees on the subject property with the following results: 127 total Heritage Class trees totaling 3,778 caliper inches. Staff believes it is important to put the above requirements into context given the heavily- wooded nature of the subject property; without taking into consideration the proposed exemptions for Heritage Class tree preservation in the Heritage Oaks PDD, the preservation of 50% of the Heritage Class trees instead of the currently required 25% would result in an approximate 945 extra caliper inches, or roughly 32 extra trees sized at 30 caliper inches. In the same vein, under the current mitigation requirements the fees for 50% of the Heritage Class trees would total approximately $566,700. The proposed tree preservation and mitigation regulations for the Heritage Oaks PDD would offer both a significant upgrade in Heritage Class tree preservation, but also a significant reduction in Heritage Class tree mitigation, Protected Class tree preservation, and Protected Class tree mitigation. Comprehensive Plan Conformance The Comprehensive Plan identifies the subject properties under the Single- Family Residential land use designation. Areas classified under the Single- Family Residential land use designation are intended to utilize a traditional neighborhood design that includes a mix of residential uses, as well as limited commercial development to support the daily activities of the development. The proposed zone change meets the goals and objectives of the Single- Family Residential future land use designation, and is therefore in conformance with the Comprehensive Land Use Plan. Impact to Public Facilities /Services In order to service the subject property the developer will be obligated to design water and sanitary services throughout the subdivision during the Master Development Process in order to connect to public utility systems. The proposed zone change should have a negligible effect on the existing planned public water and wastewater system since the base zoning district of the proposed PDD is Single- Family Residential (R -1). The developer will be responsible for improving Wiederstein Road to its ultimate section, per the proposed cross - section illustrated in the attached PDD document. The proposed rezoning request should also have a minimal impact on public services, such as schools, fire, police, parks and sanitation services Compatibility with Existing and Potential Adjacent Land Uses The subject property is currently surrounded by land utilized as single - family residential, with a small amount of commercially zoned property to the north. The proposed zone change to PDD with R -1 as the base zoning district is compatible with the existing and potential adjacent land uses. GOAL The project goal is to rezone approximately 66 acres of land from Single - Family Residential District (R -2) and Neighborhood Services District (NS) to Planned Development District (PDD), generally located southwest of the intersection between Schertz Parkway and Wiederstein Road. The Heritage Oaks Planned Development District will consist of single- family residential houses and public trails. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION Planning and Zoning Commission Recommendation The Schertz Planning and Zoning Commission met on April 14, 2021 and voted to recommend that City Council deny ZC2020 -005 (Ordinance 21 -S -15) by a 6 -1 vote. Commission Chair Outlaw provided thorough feedback on a number of the concerns raised by surrounding property owners. A number of the residents were concerned that the "greenbelt" behind a section of lots within. Carolina Crossing is being taken away from the neighborhood; however, Commission Chair Outlaw correctly explained that the "greenbelt" is actually private property already zoned for single- family residential land uses. He continued by explaining that the Planning and Zoning Commission frequently has little to no control over development that meets the zoning requirements, and for unique cases, such as this zoning application, the Commission's goal is to find the best possible way to develop the property given the existing conditions. Commission Chair Outlaw also addressed resident concerns over water capacity, during which he clarified that the City works with Schertz - Seguin Local Government Corporation to offer consistent water service that is sourced from the Carrizo Aquifer in Gonzalez County, Texas. He emphasized that the City of Schertz does not currently have a water supply problem. Another common resident concern was the impact of the development on the traffic system. Commission Chair Outlaw explained that traffic is a byproduct of growth, but our Master Thoroughfare Plan was put into place in order to mitigate traffic concerns that arise from development and make our City more accessible. The Planning and Zoning Commission and Commission Chair Outlaw appreciated the effort that went into the design of the Heritage Oaks subdivision, and maintained that this is the kind of unique development that the Planned Development District zoning classification is intended for. They found the proposed PDD to be aesthetically pleasing, and stated that the concept is a marked improvement on the existing lotting pattern established in the Live Oak Hills Subdivision. However, the following Commissioners ultimately recommended denial for the undermentioned reasons: • Commission Chair Outlaw, Commissioner Rae, & Commissioner Greenwald • The reduced side yard setbacks from 10' to 5' for all the buildable, single - family residential lots • The reduced minimum cul -de -sac diameter from 150' to 100' • The 20' paved alley section being too small • Commissioner Evans • In addition to the above reasons, the removal of the tree mitigation fees and the reduction in Protected Class tree preservation standards • Commissioner Goldick • The removal of the natural environment and potential impacts to the wildlife • Commissioner Haynes • The potential noise concerns from the nearby GVEC substation Staff Recommendation Staff is recommending approval of the Heritage Oaks PDD for the following reasons: • Improved neighborhood design through the coving plan • Decreased overall density compared to existing Live Oak Hills Subdivision plat • Increased open space and potential Heritage Class tree preservation with two major trail extensions • PDD revisions to potentially assuage the Planning and Zoning Commission's concerns regarding the side yard setbacks For background, the existing Live Oak Hills Subdivision was platted and individual lots were sold in 1963 without the necessary infrastructure improvements, such as water lines, sewer lines, and roads, which left hundreds of lots to remain undeveloped. These undevelopable lots in Live Oak Hills collectively formed what is commonly referred to as a'paper subdivision', or a subdivision that is recognizable on paper, but not in the real world. This situation poses numerous development challenges; from various land ownership parties to cost - prohibitive infrastructure requirements for individual lot development, 'paper subdivisions' can often remain vacant for decades, as is the situation with most of the Live Oak Hills Subdivision. The proposed Heritage Oaks development along Wiederstein Road, stretching between Schertz Parkway and the city limit boundary between Schertz and Selma, aims to redevelop 45 acres of the existing Live Oak the city limit boundary between. Schertz and Selma, aims to redevelop 45 acres of the existing Live Oak Hills subdivision plat along with an additional 21 acre tract into a 66 acre single - family residential subdivision. The Heritage Oaks PDD is designed through a coving plan, which encourages smart growth by implementing winding roads and meandering setbacks that result in reduced impervious coverage, limited infrastructure costs, and increased open space preservation when compared to the original Live Oak Hills Subdivision. The coving plan is a marked improvement on the conventional urban grid with dead -end streets that is laid out in the existing plat. The Heritage Oaks PDD is proposing reduced lot sizes, reduced front yard setbacks, and reduced side yard setbacks; however, a maximum of 215 lots will be permitted across the entire 66 acre development, leaving a maximum density of 3.25 lots per acre. When comparing these numbers to the existing Live Oak Hills plat, which would allow 180 lots across 45 acres for a density measurement of 4.00 lots per acre, we can see that the proposed Heritage Oaks PDD is less dense than what is allowed through the current plat. The reductions in lot size and building setback requirements are primarily put in place to accommodate the design criteria of the coving plan, and the extra space created is then allocated for open space preservation and potential tree preservation. The meandering building setbacks, coupled with the realignment of Wiederstein Road will also create a ROW corridor that is more aesthetically pleasing than conventional roadways lined with perimeter fencing. Although there is a stark difference between UDC Sec. 21.9.9 and the proposed tree preservation and mitigation requirements within the Heritage Oaks PDD, Staff feels that the increased Heritage Class tree preservation requirements are a fair trade off for the removal of any Protected Class tree preservation requirements and all tree mitigation requirements. The reality of the situation is that any development on the subject properties will require the developer to remove a number of trees, including the already existing plat for 45 of the 66 total acres. Under the current regulations, the developer could pay to remove up to 75% of all the Protected Class and Heritage Class trees on site and develop in accordance with the Live Oak Hills Subdivision plat; however, this would be extremely cost prohibitive and would affect the potential quality of the rest of the development. The proposed tree preservation and mitigation requirements mandate the preservation of nearly 1,000 extra inches of Heritage Class trees, and the proposed landscaping requirements incentivize the utilization of existing Protected and Heritage Class trees. Staff thinks tree preservation, instead of tree mitigation, should be a priority for this development. Instead of aggrandizing our tree maintenance fund, we would rather focus on preserving the existing trees in order to collaborate with the property owner and produce a quality neighborhood filled with towering trees that have been growing on -site for decades. The Heritage Oaks neighborhood will also contribute two major additions to the Trails Master Plan, with 10' concrete, shared -use paths extending along West Dietz Creek and in the open space corridor adjacent to Wiederstein Road. The applicant has also taken feedback from the Planning and Zoning Commission into consideration and made changes in an effort to mitigate some of their concerns; the proposed PDD development standards increase the side yard setbacks from 5 feet to 7.5 feet for rectangular shaped lots, and will no longer allow equipment in any side yards less than 10 feet. This should allow more space for the CIty's emergency services to manuever in between the houses. Staff believes the proposed Heritage Oaks PDD resembles a marked in improvement in neighborhood design quality over the existing Live Oak Hills Subdivision plat, while simultaneously reducing the overall destiny proposed on the subject properties. Given the less than desirable current lotting pattern, staff is willing in this case to support a creative development proposal. This project will serve as a good limited test case of some unique concepts that would normally not be allowed in a more traditional development. Therefore, Staff recommends approval of the proposed zone change to Planned Development District (PDD) as submitted to City Council. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Ordinance 21 -S -15. Attachments Ordinance 21 -S -15 Ordinance 21 -S -15 Exhibit A Ordinance 21 -S -15 Exhibit B Ordinance 21 -S -15 Exhibit C Aerial Map Public Hearing Notice Map Public Hearing Notice Responses ORDINANCE NO. 21-S-15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 66 ACRES OF LAND TO PLANNED DEVELOPMENT DISTRICT (PDD), GENERALLY LOCATED SOUTHWEST OF THE INTERSECTION BETWEEN SCHERTZ PARKWAY AND WIEDERSTEIN ROAD, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. WHEREAS, an application to rezone approximately 66 acres of land generally located southwest of the intersection between Schertz Parkway and Wiederstein road, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on April 14, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to disapprove the requested rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on May 4, 2021, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD) Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 4th day of May, 2021. PASSED, APPROVED AND ADOPTED on final reading the I th day of May, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Westwood County of Guadalupe Heritage Oaks State of Texas 66.162 acres May 8, 2020 METES AND BOUNDS DESCRIPTION of a 66.162 acre tract of land situated in the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas and being all of the following lands: 45.952 acres being Lots 10 -18, Block 31, Lots 9 -16, Block 32, Lots 1 -17, Block 34, all of Blocks 35 -38, Lots 1 -17, Block 39, all of Block 40, Lots 2 -8, and the remaining portions of 9 -12 and 14 -16, Block 41, and Lots 2 -9, and the remaining portions of 10 -16, Block 42 and the proposed vacated right -of -ways platted as King Lane, Lyric Lane, Mora Lane, Nile Lane, Odell Lane and that 1,607 foot section of Live Oak Blvd contained herein and as shown by plat of Live Oak Hills Subdivision recorded in Volume 2, Pages 146 -147, Guadalupe County Plat Records, AND, 20.210 acres out of the remaining portion of a 23.811 acre tract described by warranty deed recorded in Volume 2142, Page 582, Guadalupe County Official Public Records; In all, said 66.162 acre tract being more particularly described as follows: BEGINNING at a V2" iron rod found on the southwest line of Schertz Parkway (a 86' width right of way) recorded in Volume 5, Page 73B, Guadalupe County Plat Records at the common southeast corner of Lot 4, Block 2, as shown by plat of Legacy at Forest Ridge Subdivision recorded in Volume 8, Pages 428, said Plat Records and the north corner of the remaining portion of said Lot 9, Block 41 and the north corner and POINT OF BEGINNING of the herein described tract of land; THENCE, along the southwest line of said Schertz Pkwy, South 29° 53' 42" East, 29730 feet to a ' /z" iron rod set (WESTWOOD), THENCE, departing the southwest line of Schertz Pkwy and circumnavigating Lot 13, Block 41 of said Live Oak Hills, the following courses: South 60'2 Y 20" West, 105.00 feet to a %2" iron rod set (WESTWOOD), South 29° 53'42" East, 75.00 feet a %2" iron rod set (WESTWOOD), and North 60° 21' 20" East, 105.00 feet a %" iron rod set (WESTWOOD) returning to the southwest line of said Schertz Pkwy; THENCE, South 29° 53'42" West, at 223.81 feet pass the north corner of the vacating portion of said Live Oak Blvd., at 283.81 feet pass the east corner of the same, in all, a total of 773.77 feet to a %" iron rod set (WESTWOOD) at the north corner of the remaining portion of Lot 17, Block 42 of said Live Oak Hills, for the southeast corner of the herein and described tract of land; THENCE, departing southwest line of Schertz Pkwy and across said Live Oak Hills and along the north and west lines of said Lot 17, South 60'32'29" West, 107.04 feet to a 112" iron rod set 1718 Dry Greek Way, Suite 110 . San Antonio, Texas 78259 Main 210.265.8300 + westwoodps.r`om TBPE Firm No. F -11756 «TBPLS Firm No. 10194064 Westwood (WESTWOOD), South 29'48'49" West, 70.00 feet to a VZ" iron rod found (CEC) at the north corner of Lot 1, Block 42; THENCE, continuing across said Live Oak Hills, South 60° 08'07" West, at 720.02 feet passing a ' /z" iron rod (CEC), at 780.02 feet pass a ' /z" iron rod found (CEC), in all, a total distance of 300.27 feet to a V2" iron rod set (WESTWOOD) at the west corner of Lot 18, Block 39 of said Live Oak Hills and South 29° 48'49" East, 69.67 feet to a %" iron rod set (WESTWOOD) on the common northwest line of Carolina Crossing Subdivision Unit 8 recorded in Volume 6, Page 219, said Plat Records and the south line of said Live Oak Hills for a corner of the herein described tract of land; THENCE, South 60° 04'52" West, 120.05 feet passing a V2" iron rod, in all, a total distance of 779.97 feet to a VZ" iron rod found and South 60° 00'52" West, 5.76 feet to a VZ" iron rod set (WESTWOOD) at the common northwest corner of said Carolina Crossing Unit 8, the north corner of said 23.811 acre tract and a reentrant corner of the herein described tract of land; THENCE, along the southwest line of said Unit 8, the northeast line of said 23.811 acre tract, South 30° 01' 02" East, 1172.99 feet to a V2" iron rod found (CEC) on the northwest line of Carolina Crossing Subdivision Unit 7 recorded in Volume 6, Page 219, said Plat Records at the common south corner of said Carolina Crossing Unit 8 and the southeast corner of said 23.811 acre tract and the herein described tract of land, THENCE, along the common northwest line of said Carolina Crossing Unit 7, the southeast line of said 23.87 7 acre tract, the following courses: South 60° 07' 74" West, 232.67 feet to a Vz" iron rod set (WESTWOOD), South 59° 56' 77" West, 464.59 feet to V2" iron rod set (WESTWOOD), and South 58° 45'36" West, 53.53 feet to V2" iron rod found (CEC) for the common west corner of said Carolina Crossing Unit 7 and the northeast corner of Unit 7 P.U.D., Kensington Ranch Estates Subdivision recorded in Volume 8, Page 2 Guadalupe County Official Public Records, for a southeast corner of the herein described tract, THENCE, continuing with the southeast line of said 23.811 acre tract and along the common northwest line said Kensington Ranch Estates, South 59'50'40" West, 175.30 feet to 112" iron rod set (WESTWOOD) at the east corner of 7.792 acre tract conveyed unto the City of Schertz by warranty deed recorded in Volume 2742, Page 269, said Official Public Records, for the south corner of the herein described tract of land, THENCE, along the northeast line said 7.792 acre tract, and across the 23.877 acre tract, North 73° 37' 50" West, 207.43 feet to a 112" iron rod found at the beginning of a non - tangent curve to the right; THENCE, along the arc of said curve with an arc length of 159.85 feet, a radius 275.52 feet, a delta of 33° 74'33", and a chord bearing and distance of South 57° 00' 34" East, 757.62 feet to a' /z" iron rod set at common north corner of said 7.792 acre tract and an east corner of those City of Schertz tracts recorded in Volume 2708, Page 726, said Official Public Records, for a west corner of the herein described tract of land, THENCE, North 22'29'23" West, 385.88 feet to V2" iron rod set (WESTWOOD) at the south corner of a 9.167 acre tract conveyed unto Guadalupe Valley Electric Cooperative recorded in 1718 Dry Creek Way, Suite 110 . San Antonio, Texas 78259 Main 210.265.8300 ® westwoodps.corn TBPE Firm No. F -11756 «TBPLS Firm No. 10194064 Westwood Volume 1145, Page 543, said Official Public Records, for a west corner of the herein described tract of land; THENCE, along the common lines of said 9.167 acre tract and said 23.811 acre tract, North 59° 51' 25" East, 795.12 feet to a V2" iron rod set (WESTWOOD), and North 30° 04'3 7 " West, 500.00 feet to a V2" iron rod found on the southeast line of said Live Oak Hills coincident with the common northeast corner of said 9.167 acre tract for a reentrant corner of the herein described tract of land; THENCE, along the northwest line of said 9.167 acre tract, South 60° 00'52" West, 299.69 feet to a 112" iron rod found (CK), at the east corner of Lot 18, Block 34 of said Live Oak Hills THENCE, circumnavigating said Lot 18, of some Block, the following courses: North 29'49'32" West, 71.80 feet to a V2" iron rod set (WESTWOOD), South 59'57'05" West, 120.00 feet to a %2" iron rod set (WESTWOOD), and South 30° 74'08" East, 72.11 feet to a V2" iron rod set (WESTWOOD) returning to the northwest line of said 9.167 acre tract for a corner of the herein described tract of land; THENCE, South 59'45'52" West, 300.51 feet to a Vi" iron rod set (WESTWOOD) on the east line of said City of Schertz tract for a west corner of the herein described tract of land; THENCE, across said Block 31, North 290 50'00" West, 633.07 feet passing a V2" iron rod found, in all, for a total distance of 1284.52 feet to a V2" iron rod set (WESTWOOD) on the southeast line of Lot 1, Block 1, Chelsea Mixed -Use Subdivision recorded in Volume 7, Pages 530 -531, said Plat Records for the west corner of the herein described tract of land; THENCE, North 590 58'25" East, at 961.45 feet pass a ' /z" iron rod at the southwest corner of Lot 6, Block 2, Legacy at Forest Ridge recorded in Volume 8, Page 428, said Plat Records, in all, a total of 1,606.37 feet to the POINT OF BEGINNING. Containing in all, 2,882,049 square feet, or 66.162 acres of land, more or less. The above description and area specifically excludes Lot 1, Block 41, said Live Oak Hills Subdivision, said Lot 1 being more particularly described as follows: COMMENCING at a Vz" iron rod found on the southwest line of said Schertz Parkway at the common southeast corner of said Lot 4, Block 2, Legacy at Forest Ridge Subdivision, and the north corner of said remaining portion of said Lot 9, Block 41; THENCE, along the southwest line of said Schertz Pkwy, South 29° 53' 42" East, at 29730 feet passing the north corner of said Lot 13, Block 41, at 372.30 feet the east corner of the same, and continuing in all a total distance of 596.11 feet to the intersection of the southwest line of Schertz Pkwy and the northwest line of said Live Oak Blvd.; THENCE, along the northwest line of said Live Oak Blvd., South 600 08'45" West, 105.00 feet to the east corner and POINT OF BEGINNING of the herein described tract of land, THENCE, continuing along the northwest line of said Live Oak Blvd., South 600 08'45" West, 120.00 feet to the intersection of the northwest line of said Live Oak Blvd. and the northeast 1718 Dry Creek Way, Suite 114 . San Antonio, Texas 78259 Main 210.265.8300 + vtestwoodps.rorn TSPF Firm No. F -11756 ® TSPLS Firm No. 10194064 Westwood line of Odell Lane, a 60-foot right-of-way, proposed to be vacated, as shown by plot of said Live Oak Hills Subdivision; THENCE, along the northeast line of said Odell Lane, North 29' 53'42" West, 75.00 feet to the west comer of the herein described tract of land; THENCE, departing the right-of-way of said Odell Lane, North 600 08'45" East, 120.00 feet to the north comer of the herein described tract of land; THENCE, South 29'53'42" East, 75.00 feet to the POINT OF BEGINNING. Containing in all, 9,005 square feet, or 0.207 acres of land, more or less. Bearings are based on Texas State Plane coordinates for the South Central Zone, 4204 (NAD83' 2011 adjustment). This metes and bounds description of a 66.762 acre tract is for zoning and planning purposes only. This document of project number, 24373.00 and date, May 8, 2020, was prepared by Westwood Professional Services and shall not be used for conveyance nor construction purposes. 1718 Dry Creek Way, Suite 110 a San Antonio, Texas 78259 Main 210.265.8300 - vvestwoodps,coni TBPE Firm No. F -11756 * TBPLS Firm No. 10194064 ( §i ®i E � D n m m @ I ¥ 0 D r ¥ § 0 q D � m D � e a ¥ e • e e • '«,y:s : © «a«= HE IT \) � Westwood \\ \ \\\ � ) ) � li ;�; ; § � '«,y:s : © «a«= HE IT \) � Westwood \\ \ \\\ li ;�; ; § � \ }}} } \}} } \ � ` \,-z \» : ®mG \» _ mm -0 o -._ 9 , \. \ ; HERITAGE E o NEIGHBORHOOD PLANNED DEVELOPMENT DISTRICT ZONING OHBIT ; }} sHERTZ,rxS '«,y:s : © «a«= HE IT \) � Westwood \\ \ \\\ �.� � \ }}} } \}} } T a P K o fl ar w �w vw r o A � m w m a T K s o a � o 0 HERITAGE OAKS NEIGHBORHOOD Westwood o m PLANNED DEVELOPMENT DISTRICT N ZONING EXHIBIT w SCHERTZ, TEXAS D 0 D z z A 0 m 0 z z m :U cn u m D C) o m D 2 --4 N D Z M G) n > 0 ou M D 0 0 v m c z '8a' z m ooHA a� • �m � A z a�visorvs ( er aligg-IM-403 Westwood Westwood N -A EVELfIPM Nrf, ri Y1 IN" T R I T HERITAGE OAKS NEIGHBORHOOD Prepared For: Presidio Group, LLC 18618 Tuscany Stone San Antonio, TX 78258 (21o) 826-9000 Project Number: Ro024313.00 Date: May 5, 2021 Prepared By: Westwood Professional Services 1718 Dry Creek Way, Suite 110 San Antonio, TX 78259 (210) 265-8300 TBPLS Ran #10074302 1'6P6 Firm ##F -1.1 r 56 Planned Development I. PROPERTY ....................................................................... ............................... 2 II. COVING PLAN .................................................................. ............................... 4 III. AFFECTED UDC ARTICLES / SECTIONS .............................. ............................... 5 A. ARTICLE 5. - ZONING DISTRICTS ................................................... ............................... 5 Sec. 21.5.7. - Dimensional and Development Standards ........... ............................... 5 B. ARTICLE 9. — SITE DESIGN STANDARDS ........................................ ............................... 7 Sec. 21.9.2. — Blocks ................................................................... ............................... 7 Sec. 21.9.3. — Lots ....................................................................... ............................... 8 Sec. 21.9.7. — Landscaping ........................................................... ............................... 8 Sec. 21.9.9. — Tree Preservation and Mitigation ......................... ............................... 9 Sec. 21.9.10. — Park and Open Space Dedication Requirements .............................. 9 C. ARTICLE 14. — TRANSPORTATION .................................................. ............................... 10 Sec. 21.14.1. — Streets .................................................................. ............................... 10 Sec. 21.14.4. — Alleys .................................................................... ............................... 11 Sec. 21.14.5. — Driveways ............................................................. ............................... 12 Sec. 21.14.6. — Sidewalks and Hike and Bike Trails .................... ............................... 12 IV. PLANNED DEVELOPMENT DISTRICT (PDD) AMENDMENTS ............................ 12 Westwood FIGURE 1.0: EXCERPT FROM LIVE OAK HILLS SUBDIVISION PLAT FIGURE 2.0: COVING PROPOSED w/ HERITAGE OAKS NEIGHBORHOOD FIGURE 3.0: HERITAGE OAKS NEIGHBORHOOD BLOCK LENGTHS FIGURE 4.O: HERITAGE OAKS NEIGHBORHOOD CUL-DE-SAC LENGTHS FIGURE 5.0: PROPOSED WILDENSTEIN ROAD, A RESIDENTIAL COLLECTOR EXHIBITS EXHIBIT 1: METES AND BOUNDS EXHIBIT 2: CONCEPTUAL LOVING PLAN EXHIBIT 3: DRIVEWAY DETAIL EXHIBIT 4: WIEDERSTEIN AND WEST DIETZ CREEK TRAIL PLAN EXHIBIT 5: ZONING EXHIBIT "vlay 5, 2021 Westwood Planned Development A PLANNED DEVELOPMENT DISTRICT SCHERTZ, T The proposed 65.97 acre Heritage Oaks Neighborhood (the "Heritage Oaks Neighborhood ") is located 0.5 mile to the southeast of IH 35 off Schertz Parkway within the corporate limits of the City of Schertz. Approximately 45.76 acres lies within the Live Oak Hills Subdivision, a Plat of Record in Volume 2, Pages 146 -147 of the Map and Plat Records of Guadalupe County, Texas recorded on May 31, 1963. Refer to Exhibit "1" for the Metes & Bounds of the proposed tract. Figure 1: i Plat Hills Subdivision; Vol. 2, Pg. 146 -147, M.P.R. Wiederstein Road, which traverses Heritage Oaks Neighborhood east to west from Schertz Parkway, is a Residential Collector per the City of Schertz Master Thoroughfare Plan Update (2017). The posted speed limit is 20 mph and the pavement is presently in poor condition, 20 -21 feet in width. An approximate 5.5 acres adjacent to Schertz Parkway is zoned Neighborhood Services (NS) with the remainder of the tract being zoned Single- Family Residential District -2 (R -2). To the north lies an undeveloped tract within the corporate limits of the City of Selma and Legacy at Forest Ridge which is zoned General Business (GB). Dietz Creek runs along the western property line. And open space within the Kensington Ranch Estates, a PDD, lies at the southern corner of the A Planned Development tract with Carolina Crossing, zoned Single- Family Residential District -6 (R -6), on the south /southeast property line. An approximate Zoo acres upstream of Schertz Parkway discharges onto the tract directly north of the Schertz Parkway /Wiederstein Road intersection. No defined channel exists with runoff sheet flowing across the property to Dietz Creek. Existing contours indicate an approximate 6o foot change in elevation from the most northern corner of the tract to the most southern corner of the tract with grades of 5 -6% adjacent to Schertz Parkway and the Carolina Crossing Subdivision to the east and grades of approximately 1% adjacent to Dietz Creek to the west. Per the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), No. 48187CO21oF, Effective Date November 2, 2007, Dietz Creek is located within Zone "AE" (Shaded) which is identified by FEMA as a special flood hazard area subject to inundation by the 1% annual chance flood (loo -year flood) with Base Flood Elevations (BFEs) determined. 3 - Planned Development In lieu of the conventional urban grid, coving is proposed with Heritage Oaks Neighborhood. A method of urban planning, cooing was pioneered by Minneapolis -based urban designer Rick Harrison. Characterized by winding roads and meandering setbacks, coving results in less impervious area, more open space, tree preservation and a reduction in costs attributed to the non - uniform lots, placement of homes and reduction in pavement. Source: Rick Harrison Design Studio & Neighborhood Innovations, LLC Rather than clearing the site and proceeding with 70'X120' lot minimums required by the Single - Family Residential District -2 (R -2) zoning, the intention with Heritage Oaks Neighborhood is to maximize the density while preserving trees. To this end, both realignment of and fronting lots off Wiederstein Road is proposed. The realignment and curvature of Wiederstein Road will serve to reduce speeds, and coupled with the meandering building setbacks, will create a corridor more pleasing than the typical straightaway with parallel fencing at the right -of -way limits. With regards to safety, "T" turnarounds for the driveways off of Wiederstein Road are proposed with the realignment. Rather than reversing onto the road, the turn arounds will allow cars to enter Wiederstein Road in drive. Refer to Exhibit "2" for the proposed Heritage Oaks Neighborhood Conceptual Coving Plan. - - Planned Development A Planned Development District (PDD) allows for flexibility in planning, design and development standards while complying with the intent of the Unified Development Code (UDC). The article and section amendments proposed with the PDD for Heritage Oaks Neighborhood are as follows: . Standards The tract is presently zoned Single- Family Residential District -2 (R -2) except for an approximate 5.5 acres adjacent to Schertz Parkway that is zoned Neighborhood Services (NS). Proposed with the PDD for Heritage Oaks Neighborhood is a base zoning Single - Family Residential District- 1(R -1). Lots are to be an absolute minimum of 6,000 square feet, variable width, 120 foot minimum depth (at the midplane of the lot) with minimum front and side yard setbacks of 20 foot and 5 foot, respectively. No permanent structures or heating, ventilation, and air conditioning equipment will be allowed in side yards less than 10 feet. Side yard fencing between homes shall be limited to no more than 20 feet from the rear corner of the home. The average lot size in the Heritage Oaks Neighborhood shall be an absolute minimum of 8,400 square feet. With the current layout, the average lot size for the tract is 9,020 square feet, while the median lot size is 8,432 square feet. The maximum impervious cover is to be 50 percent. Dimensional requirements for the existing zoning districts (residential /non- residential) are provided with Tables i & 2, respectively. Table i — Existing Dimensional Requirements, Residential Zoning Districts Minimum Lot Size/Dimensions Single- Family Residential g 400 District -2 (R -2) 70 120 MMEM 25 10 20 2 E 35 50% ' •s M- ss � 'qi 9y ,. 2021 Table 2 — Existing Dimensional Requirements, Non - Residential Zoning Districts Minimum Minimum Lot Size/Dimensions Yard Setback Misc (Ft) Neighborhood o Services (NS) 10,000 loo loo 25 0 25 0 25 35 80� Minimum lot size and dimensions, maximum density, as well as maximum impervious cover proposed with the Heritage Oaks Neighborhood, a Planned Development District (PDD) with a base zoning Single- Family Residential District -1 (R -1) are provided with Table 3. Table 3 — Heritage Oaks Neighborhood, a Planned Development District (PDD) Minimum Minimum Maximum Mise Lot Size/Dimensions Yard Setback Density Planned Development 6,000 50 120 ** 20 5* 20 2 215 3.25 35 50% District (PDD) *Rectangular shaped lots shall have minimum 6 -foot side yard setback. * Corner lot shall have minimum to -foot side yard setback from street right -of -way. * *Minimum depth shall be taken at the midplane of the lot Planned Development District I Heritage Oaks Neighborhood May S. 2021 1. ARTICLE 9 — SITE DESIGN STANDARDI Sec. 21.9.2 — Blocks Coving allows for the preservation of trees through the reduction in pavement, larger lots and more green space. The length, width and shape of the blocks are dictated by the winding streets, non-uniform lots and variable setbacks. D. A maximum block length of one thousand seven hundred and thirty-three feet (1,733') is proposed with the Heritage Oaks Neighborhood. Figure 3: Heritage Oaks Neighborhood Block Lengths - 7 - ' •s M- ss � 'Pqlay 5, 2021 Large non - uniform lots with variable frontage and setbacks are proposed with Heritage Oaks Neighborhood. Lot sizes and dimensions, as well as setbacks, shall be shown on all plats and shall conform to the minimum requirements recognized in the Dimension and Development Standards of this PDD. In addition, the following modified requirements to UDC Sec. 21.9.3 will apply: H. Residential lots may front Wiederstein Road, a residential collector. Driveways for all residential lots fronting Wiederstein Road, without alley access, will have a "T" turnaround eliminating the need for vehicles to back onto the road. Dimensional requirements for proposed "T" turnarounds are provided with Exhibit "3 ". I. Lot lines are not required to be perpendicular to the local streets within the Heritage Oaks Neighborhood. The larger non - uniform lots, characteristic of a cooing subdivision, provide more open space and tree preservation. E.3.a Every single family dwelling shall have a minimum of three shade trees with at least one in the front yard and one in the back yard. Each single family dwelling shall have a minimum of fifteen inches (15 ") DBH of shade trees on the entire lot, including existing trees. Planned Development • •,; t 111 11 111111111 f Trees with a 24" DBH (diameter at breast height -4 1/2 feet above existing ground level) are designated "Heritage Trees ". Trees with an 8" DBH (diameter at breast height -4 1/2 feet above existing ground level) are designated "Protected Trees ". C. Tree Preservation 1. Single Family Residential Development: a. Heritage Trees. A minimum of fifty percent (50 %) of the total Heritage Trees in the Heritage Oaks Neighborhood must be preserved. i. Exemptions. Heritage Trees located within proposed right -of -way, utility easements, and drainage right -of- way /easements shall be exempt from the 50% tree save requirement. b. Protected Trees. No Protected Trees in the Heritage Oaks Neighborhood must be preserved, however any preserved shall be credited toward the minimum builder requirement of 15" DBH. D. Tree Mitigation. There are no tree mitigation requirements for Protected and Heritage Class Trees in the Heritage Oaks Neighborhood. Sec. .— Park and Open Space Dedication it Park and Open Space Dedications requirements and fees will not apply to the Heritage Oaks Neighborhood. Open space within the Heritage Oaks Neighborhood is to be owned and maintained by the Homeowners Association (HOA). A trail will be provided along the drainage way from Schertz Parkway to West Dietz Creek as shown on Exhibit "4" (Wiederstein and West Dietz Creek Trail Plan), or as approved by the Parks Department. The trail shall be construction by the Heritage Oaks Neighborhood developer and dedicated to the City of Schertz for public use. Additionally, the developer shall transplant trees from the Neighborhood to the West Dietz Creek linear park and trail area. - 9 - Planned Development C. ARTICLE TRANSPORTATION r E. Dead -End Streets and Cul -De -Sacs 2. Cul -de -sac streets shall not exceed 500 feet in length and shall have a turnaround of not less than 120 feet in diameter of ROW in single- family residential areas. This provision may be modified upon approval of the Fire Chief and City Engineer. The length of the cul -de -sac south of Wiederstein Road in excess of 2,225 feet shall be allowed and is attributed to physical barriers, property ownership and adjacent existing subdivisions. A variable width emergency access drive is being provided back to Wiederstein Road given the length of the cul -de -sac. Figure 4: Heritage Oaks Neighborhood Cul -De -Sac Lengths F. Alignment Local streets within the Heritage Oaks Neighborhood will adhere to the minimum curvature allowed by the city, however the collector street running through the tract will provide a minimum radius of 300'. Each street section will utilize reverse curves rather than the required tangent length of 150'. - 1 - ' •s M- ss � P. Street Improvements 1. The Wiederstein Road street section running through the Heritage Oaks Neighborhood has been designated as a 70' ROW by the City of Schertz Master Thoroughfare Plan. This collector street section will consist of a 38' pavement section, curb and gutter, with 5' sidewalks on each side of the street. The 40' street section from face of curb to face of curb will consist of (2)12' travel lanes, (1) 12' parking and bike lane, and (1) 4' bike lane, or as approved by the Parks, Department, Engineering Department, and Planning Division. Figure 5: Proposed Wiederstein Road, a Residential Collector 1,75' CURB ?c 14 25' GUTTER PARKWAY 4` 12 BIKE TRAVEL 5' CONCRETE SIDEWALK 0AMON :08 D. Dead End Alleys. 70' ROW 1,75' CURB GUTTER 14--25' 38' PVM'T F PARKWAY 40' FC FC 1 15' 12' 12' TRAVEL PARKING 5' CONCRETE SIDEWALK Although alleys are not designed for emergency access, on rare occasions they may be used. Alleys with only one access point will be designed to provide a "6o -foot Y" turnaround at the dead end as defined by the International Fire Code, or other alternative accepted by the City of Schertz Fire Department. H. PDD Zoning Districts. Alleys will be provide rear ingress /egress on the south side of Wiederstein Road for certain lots within Blocks 3 & 4 as seen in Exhibit "2" (Conceptual Coving Plan). Alleys shall be allowed on the north side of Wiederstein, if approved by the Engineering and Planning Departments, as part of the master development plan process. The alleys will consist of a twenty foot (20') asphalt paved section with header curbs bordering both sides. - 11 - Planned Development D. "T- Turnaround" Driveways Lots that front Wiederstein Road, and are not accessed by alleys, are required to have T- Turnaround Driveways, as shown on Figure 5. The turnarounds will allow cars to enter Wiederstein Road in drive rather than reversing onto the road. Dimensional requirements for proposed "T" turnarounds are provided with Exhibit "a ". H. Hike and Bike Trails. A trail will be provided along the drainage way from Schertz Parkway to West Dietz Creek, and continue along West Dietz Creek as shown in Exhibit "4" (Wiederstein and West Dietz Creek Trail Plan), or as approved by the Parks Department. The hike and bike trail shall be constructed by the Heritage Oaks Neighborhood developer and dedicated to the City of Schertz for public use. The trail shall be 10 foot (1o') in width and paved with concrete, or alternative material as approved by the Parks Department. Me • Westwood County of Guadalupe Heritage Oaks State of Texas 65.9 70 7 acres Apr. 29, 2021 METES AND BOUNDS DESCRIPTION of a 65.9707 acre tract of land situated in the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas and being all of the following lands: 45.7603 acres being Lots 10 -18, Block 31, Lots 9 -16, Block 32, Lots 1 -17, Block 34, all of Blocks 35 -38, Lots 2 -17, Block 39, all of Block 40, Lots 2 -8, and the remaining portions of 9 -12 and 14 -16, Block 41, and Lots 2 -9, and the remaining portions of 10 -16, Block 42 and the proposed vacated right -of -ways platted as King Lane, Lyric Lane, Mora Lane, Nile Lane, Odell Lane and that 1,607 foot section of Live Oak Blvd contained herein and as shown by plat of Live Oak Hills Subdivision recorded in Volume 2, Pages 146 -147, Guadalupe County Plat Records, AND, 20.210 acres out of the remaining portion of a 23.811 acre tract described by warranty deed recorded in Volume 2142, Page 582, Guadalupe County Official Public Records, In all, said 65.9707 acre tract being more particularly described as follows. BEGINNING at a V2" iron rod found on the southwest line of Schertz Parkway (a 86' width right of way) recorded in Volume 5, Page 73B, Guadalupe County Plat Records at the common southeast corner of Lot 4, Block 2, as shown by plat of Legacy at Forest Ridge Subdivision recorded in Volume 8, Pages 428, said Plat Records and the north corner of the remaining portion of said Lot 9, Block 41 and the north corner and POINT OF BEGINNING of the herein described tract of land; THENCE, along the southwest line of said Schertz Pkwy, South 29° 53'42" East, 29730 feet to a V2" iron rod set (WESTWOOD), THENCE, departing the southwest line of Schertz Pkwy and circumnavigating Lot 13, Block 41 of said Live Oak Hills, the following courses: South 60° 21' 20" West, 105.00 feet to a V2" iron rod set (WESTWOOD), South 29° 53'42" East, 75.00 feet a V2" iron rod set (WESTWOOD), and North 60° 21'20" East, 105.00 feet a V2" iron rod set (WESTWOOD) returning to the southwest line of said Schertz Pkwy,- THENCE, South 29° 53'42" West, at 223.81 feet pass the north corner of the vacating portion of said Live Oak Blvd., at 283.81 feet pass the east corner of the same, in all, a total of 773.77 feet to a V2" iron rod set (WESTWOOD) at the north corner of the remaining portion of Lot 17, Block 42 of said Live Oak Hills, for the southeast corner of the herein and described tract of land, THENCE, departing southwest line of Schertz Pkwy and across said Live Oak Hills and along the north and west lines of said Lot 17, South 60° 32'29" West, 10704 feet to a V2" iron rod set 1718 {dry Creek Way, Suite 110 - Ban Antonio, Texas 78259 Main 210.265.8300 ® westwoodps.com TBPB Firm No. F -11756 - TBPLS Firm No. 10194064 Westwood (WESTWOOD), South 290 48'49" West, 70.00 feet to a V2" iron rod found (CEC) at the north corner of tot 7, Block 42, THENCE, continuing across said Live Oak Hills, South 600 08'07" West, at 720.02 feet passing a V2" iron rod (CEC), at 180.02 feet pass a V2" iron rod found (CEC), in all, a total distance of 420.27 feet to a 112" iron rod set (WESTWOOD) at the west corner of Lot 7, Block 39 of said Live Oak Hills and South 290 48'49" East, 69.78 feet to a V2" iron rod found (DAM) on the common northwest line of Carolina Crossing Subdivision Unit 8 recorded in Volume 6, Page 219, said Plat Records and the south line of said Live Oak Hills for a corner of the herein described tract of land; THENCE, South 60'04'52" West, 59.97 feet to a V2" iron rod found and South 60'00'52" West, 5.76 feet to a V2" iron rod set (WESTWOOD) at the common northwest corner of said Carolina Crossing Unit 8, the north corner of said 23.817 acre tract and a reentrant corner of the herein described tract of land; THENCE, along the southwest line of said Unit 8, the northeast line of said 23.877 acre tract, South 30° 07'02" East, 7,772.99 feet to a V2" iron rod found (CEC) on the northwest line of Carolina Crossing Subdivision Unit 7 recorded in Volume 6, Page 279, said Plat Records at the common south corner of said Carolina Crossing Unit 8 and the southeast corner of said 23.871 acre tract and the herein described tract of land; THENCE, along the common northwest line of said Carolina Crossing Unit 7, the southeast line of said 23.877 acre tract, the following courses: South 60° 0 Y 14" West, 232.61 feet to a V2" iron rod set (WESTWOOD), South 59° 56' 11" West, 464.59 feet to V2" iron rod set (WESTWOOD), and South 580 45'36" West, 53.53 feet to V2" iron rod found (CEC) for the common west corner of said Carolina Crossing Unit 7 and the northeast corner of Unit 1 P.U.D., Kensington Ranch Estates Subdivision recorded in Volume 8, Page 2 Guadalupe County Official Public Records, for a southeast corner of the herein described tract, THENCE, continuing with the southeast line of said 23.877 acre tract and along the common northwest line said Kensington Ranch Estates, South 59° 50' 40" West, 775.30 feet to Vi" iron rod set (WESTWOOD) at the east corner of 1.792 acre tract conveyed unto the City of Schertz by warranty deed recorded in Volume 2742, Page 269, said Official Public Records, for the south corner of the herein described tract of land; THENCE, along the northeast line said 7.192 acre tract, and across the 23.877 acre tract, North 73° 37'50" West, 20743 feet to a V2" iron rod found at the beginning of a non - tangent curve to the right; THENCE, along the arc of said curve with an arc length of 759.85 feet, a radius 275.52 feet, a delta of 33° 14'33", and a chord bearing and distance of South 570 00'34" East, 15762 feet to a Vi" iron rod set at common north corner of said 7.792 acre tract and an east corner of those City of Schertz tracts recorded in Volume 2708, Page 726, said Official Public Records, for a west corner of the herein described tract of land, THENCE, North 22'29'23" West, 385.88 feet to V2" iron rod set (WESTWOOD) at the south corner of a 9.767 acre tract conveyed unto Guadalupe Valley Electric Cooperative recorded in 1718 Cary Greek Way, Suite 110 . San Antonio, Texas 78259 Main 210.266.8800 - Westwoo ps.com TBPE Firm No. F -11756 - TBPLS Firm No. 10194064 Westwood Volume 1145, Page 543, said Official Public Records, for a west corner of the herein described tract of land; THENCE, along the common lines of said 9.767 acre tract and said 23.87 7 acre tract, North 59° 51'25" East, 795.72 feet to a V2" iron rod set (WESTWOOD), and North 30° 04'3 1 " West, 500.00 feet to a Vi" iron rod found on the southeast line of said Live Oak Hills coincident with the common northeast corner of said 9.167 acre tract for a reentrant corner of the herein described tract of land; THENCE, along the northwest line of said 9.167 acre tract, South 60° 00'52" West, 299.69 feet to a Vi" iron rod found (CEC), at the east corner of Lot 78, Block 34 of said Live Oak Hills; THENCE, circumnavigating said Lot 78, of some Block, the following courses: North 29'49'32" West, 77.80 feet to a V2" iron rod set (WESTWOOD), South 59'57'05" West, 120.00 feet to a V2" iron rod set (WESTWOOD), and South 300 14'08" East, 72.11 feet to a V2" iron rod set (WESTWOOD) returning to the northwest line of said 9.767 acre tract for a corner of the herein described tract of land; THENCE, South 59'45'52" West, 300.51 feet to a V2" iron rod set (WESTWOOD) on the east line of said City of Schertz tract for a west corner of the herein described tract of land; THENCE, across said Block 37, North 29° 50'00" West, 633.07 feet passing a Vi" iron rod found, in all, for a total distance of 1284.52 feet to a V2" iron rod set (WESTWOOD) on the southeast line of Lot 7, Block 7, Chelsea Mixed -Use Subdivision recorded in Volume 7, Pages 530 -531, said Plat Records for the west corner of the herein described tract of land; THENCE, North 590 58'25" East, at 967.45 feet pass a V2" iron rod at the southwest corner of Lot 6, Block 2, Legacy at Forest Ridge recorded in Volume 8, Page 428, said Plat Records, in all, a total of 7,606.37 feet to the POINT OF BEGINNING. Containing in all, 2,873,682 square feet, or 65.9707 acres of land, more or less. The above description and area specifically excludes Lot 1, Block 41, said Live Oak Hills Subdivision, said Lot 1 being more particularly described as follows: COMMENCING at a V2" iron rod found on the southwest line of said Schertz Parkway at the common southeast corner of said Lot 4, Block 2, Legacy at Forest Ridge Subdivision, and the north corner of said remaining portion of said Lot 9, Block 47; THENCE, along the southwest line of said Schertz Pkwy, South 29° 53'42" East, at 29730 feet passing the north corner of said Lot 73, Block 47, at 372.30 feet the east corner of the same, and continuing in all a total distance of 596.77 feet to the intersection of the southwest line of Schertz Pkwy and the northwest line of said Live Oak Blvd.; THENCE, along the northwest line of said Live Oak Blvd., South 60° 08'45" West, 705.00 feet to the east corner and POINT OF BEGINNING of the herein described tract of land; THENCE, continuing along the northwest line of said Live Oak Blvd., South 60° 08'45" West, 120.00 feet to the intersection of the northwest line of said Live Oak Blvd. and the northeast 1718 Dry Greek Way, Suite 110 ® San Antonio, Texas 78259 Main 210,265.8300 - westwoodps.corn TBPE Firm No. F -11756 w TBPLS Firm No. 10194064 Westwood line of Odell Lane, o right-of-way, proposed tnbe vacated, uo shown bv plat uf said Live Oak Hills Subdivision; THENCE, along the northeast line of said Odell Lane, North 29"S3'42^ West, 7E00feet to the west comer of the herein described tract ofland, THENCE, departing the right-of-way of said Odell Lane, North 60°08'45^East, /2800 feet tn the north comer of the herein described tract of land; THENCE, South 29"B'42^ East, 7500 feet /n the POINT OF BEGINNING. Containing bv all, f\005 square feet, or(l2067 acres of land, more orless. Bearings are based onTexas State Plane coordinates for the South Central Zone, 4204(NA{}83' 2077 adjustment). This metes and bounds description ofo6I97D7ooebnct is for zoning and planning purposes nnk/ This document of project number, 24J/I00 and date, May &2020, was prepared bv Westwood Professional Services and shall not be used for conveyance nor construction purposes. — REVISED APRIL 29, 202? due to updated title information excluding Lot /, Block 39 from Subject Parcel. 1no Dry Creek Way, Suite 11n° San Antonio, Texas 7825e Main o1o,265,0000°weumvoodpm,cum TBPE Firm No. F-1 1756 - TBPLS Firm No. 10194064 III a 0 tP� ,71^ N O O Cz7 W �A f }y �0 cps•, � t ' c f \ Njo p ,,b + \ Driveway \ ff O 32Street Paving o� / h 1j00 4.g0p,, � Meandering ' Wide Sidewalk \` F`� 1 �A f }y �0 cps•, � t ' c f t \, s a/ F—� CD ZZ rom \ Njo p ,,b + \ Driveway \ ff O 32Street Paving / h 1j00 4.g0p,, t \, s a/ F—� CD ZZ rom ^O VV 24 q /`may 61 s8 °0 18 M pl cr!�' __ 00' W i CO { N } z e 22 X23 � 4 Driveway \ ff F 32Street Paving r � Meandering ' Wide Sidewalk \` F`� S, u, a� Paved Swale r r , 2 g 04a 2-1 ON House. bear alley access ^O VV 24 q /`may 61 s8 °0 18 M pl cr!�' __ 00' W i CO { N } z e 22 X23 � 20 N.? 21 Cb ;,rte f 4 Driveway 32Street Paving r � Meandering ' Wide Sidewalk S, u, a� Paved Swale House. bear alley access t t{>X u t new ` •; v ���{ 'Wide Trail Along Drainway Perviou + Porch (typ) frail I Emergency Access Patio Area (typical) Pedestrian® Xminorwalk _ Total Site: 2,882,048 ft2 66.1627 acres Pedestrian: 31 minor walk... 0.05. 1x300 ft2 (0.0298 acres) MPatio Area (typical) ........ 0.231. 5x856 ft2 (0.1344 acres) OTrail / Emergency Access.... 0.3 0 7x651 ft2 (0.1755 acres) []Porch (typ) ................. 0.4 0 12,552 ft2 (0.2882 acres) 08' Wide Trail Along Drainway 0.64 16x988 ft2 (0.3900 acres) El new ......................... 0.80 22x974 ft2 (0.5274 acres) House: Rear alley access.... 1.10 31x582 ft2 (0.7250 acres) E]Paved Swale ................. 1.5 0 44x124 ft2 (1.0129 acres) Meandering 5' Wide Sidewalk. 2.70 77,887 ft2 (1.7880 acres) OVehicular: 32' Street Paving 2.90 82,513 ft2 (1.8942 acres) ❑Driveway .................... 5.3 4 153x918 ft2 (3.5335 acres) ❑Vehicular: 28' Street Paving 6.3% 182x292 ft2 (4.1848 acres) ®Single Family Horne (typical) 18 .70 539,035 ft2 (12.3745 acres) OPervious .................... 5 9.10 lf703f376 ft2 (39.1041 acres) 20 N.? 21 Cb ;,rte f � 11 MTF: i r, M., IT4 M., Notes: A: Driveway width at the street should be a minimum 10' wide to a maximum of 16' wide. I SITE LOCATION MAP I (NOT TO SCALE) I I =1 ml h oFiV'mQ miWaXil F&%401 I =1 rjQ 0 1 wTa-1 ml 0 raTs'll 17 65.97 ACRES -TOTAL TRACT AREA q;w#Db] PARK AREA DEDICATED TO /zj'" CITY OF SCHERTZ TRAIL CONSTRUCTED BY DEVELOPER ENGINEER / APPLICANT: WESTWOOD PROFESSIONAL SERVICES 1718 DRY CREEK WAY, SUITE 110 SAN ANTONIO, TEXAS 78259 TEL: (210) 265-8300 SURVEYOR WESTWOOD PROFESSIONAL SERVICES 1718 DRY CREEK WAY, SUITE 110 SAN ANTONIO, TEXAS 78259 TEL: (210) 265-8300 OWNER / DEVELOPER --- - - ----- PRESIDIO GROUP, LLC 18618 TUSCANY STONE, SUITE 200 SAN ANTONIO, TEXAS 78258 TEL: (210) 826-9000 JOB NO.: 24313.00 DATE: DECEMBER 2020 DESIGN: DRAWN: DAD CHECKED: SHEET EXHIBIT • • U) F- 0 w z Q 0 0 cu'4) p- "- co I-- E cn • 5; F— Li 0 0 • co + • Ld r- c/) 0 0 0 ul) Ln 0 co T- oo Lo Lh P�L (o m • 04 wl $A co 0 JOB NO.: 24313.00 DATE: DECEMBER 2020 DESIGN: DRAWN: DAD CHECKED: SHEET EXHIBIT • • N F- 0 w 'all Q 0 cu'4) p- "- co I-- E • F— 0 0 • co + • r- c/) 0 0 0 ul) Ln co T- oo Lo Lh P�L (o m • 04 wl $A co 0 041 co - 0- • -a • 0 0 a. JOB NO.: 24313.00 DATE: DECEMBER 2020 DESIGN: DRAWN: DAD CHECKED: SHEET EXHIBIT • • N F- 0 w 'all Q 0 p- "- F— F— W JOB NO.: 24313.00 DATE: DECEMBER 2020 DESIGN: DRAWN: DAD CHECKED: SHEET EXHIBIT r o SITE LOCATION MAP (NOT TO SCALE) / 1 1 v� I \ 000** HILLS SUBDIVISION / - 1 1 E LEGAL DESCRIPTION: oEVE�OP D7, MPR) MARIETTA LANE A 65.97 ACRE TRACT OF LAND IN THE CITY OF SCHERTZ, TEXAS OUT OF oIE.I + ' ■� J _i- -T THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, BEING MADE CAROLINA CROSSING OUT OF A PORTION OF A 23.811 ACRE TRACT OF LAND OF RECORD IN SUBDIVISION UNIT 4 (9 J 10 11 12 / 13 14 15 16 j VIOL. 6, Pc_ R o P_R -) VOLUME 2142, PAGE 580 OF THE OFFFICIAL PUBLIC RECORDS OF "i s'NGLE ZONE : RES'DENr'A`- GUADALUPE COUNTY TEXAS AND THE FOLLOWING LOTS AND BLOCKS OF / 18 ZONED: R - -6 o / 17 -� THE LIVE OAK HILLS SUBDIVISION, A PLAT OF RECORD IN VOLUME 2, - - - -- - ---- ---- o - - - -- - - -- - - -- PAGES 146 -147 OF THE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS. �t 1005 l.F TO / % o A \ N I . A / 0 Co o LOTS 10 -18, BLOCK 31; LOTS 9 -16, BLOCK 32; ALL OF BLOCK 33; LOTS INTERSECTI(�! OF L� A C 4a Z9 Gg5 _ 800 - - -- - -� L POINT OF -7105- v� DERSiEIN RD. � Y SCHERTZ PARKWAY C � � < �' 1 -17, BLOCK 34; ALL OF BLOCKS 35 -38; LOTS 1 -17, BLOCK 39; ALL BEGINNING SO�ERTZ PARkwAY J / A OF BLOCK 40; LOTS 2 -12, 14 -16, BLOCK 41; LOTS 2 -16, BLOCK 42 S29 °5342 "E 297.30' S29'53'42 "E 773.77' / I �� 105.00' A / 70' / �I �o oo' FORTRESS BAY EXISTING 1 9 1 PROPERTIES L_LC N60'21'20 E ROW 107.04' S29'48'49 E V 4993 SCHERTZ PARKWAY 105.00' I ' IS 159290 /S60'21'20 "W I L1 �� NS S60' 2'29 "W i 11) U / Q�V A I \ �0/�� \ 9 DAY CARE FACILITY /� ) J J 75.00' n / - G`� J ' 1 ` Jl. , �s / S29 53 42 E \ N U \ �� N Al 1� 20 � - -- � / M / 1 � �ZONEN GB / % % I co _-� mD, -�0,5 1 I / 1 S\ I I A T, CAS -- / CITY SCHERTZ _ \ \ '. � CAROLINA CROSSING V I GyL%_ i /VOL. 776, PG. G. 9480.P. R. 1 SUBDIVISION UNIT 8 / w (VOL. 6, PG. �SOO, O.P.R.) co 1 1 ) \ / W 1 I) z SINGLE ZONED: RRESIDENTIAL / / / co- j� �V SANITARY 68A, CSG'T Y7 ) 1 (VOL s, Pc aasn, r)re -) l PROPOSED N o z° m - Q v CAROLINA CROSSING - PINPOINT LEGACY AT / \ I / o o 23 SUBDIVISION UNrr 7 FORE 21 RIDGE I_LC O Z 46 45 44 43 42 41 I 40 39 / 0 \ 47 (Vol_ 6, PG. 219, O.P.R.) �5S -_ 5001 SCHERTZ PARKWAY ' REZONE \ I ` 1 [n � v�'i °I 1 ' SINGLE FAMILY RESIDENTIAL ID: 159292 '� / \ i �� �i ZONED: R -6 ED a c5 / BOUNDARY /I ( 69.56 A a o oVi 24 O �a a�° -- r -- - - - -� __ - - -- - - --� - - - - -- / 3 8 / A A X /� > / i 1 _ ASSISTED LIVING / - o / 48 1 SO 10 - 1 V r e � � T_ - -�� ---- ----� ,� --r l--- L -- � PROPERTY ISSOCI TI TY / \ FLORENCE GROVE V � ZONED: GB � � S29'48 48' E � � V � \ VcROSSINC assoclATloN� � 62 / 25 / 140147 V� 1.230 ACRES - s �C 49 N 37 718 ACRES v \ 200 OPEN SPACE % L �( I o / VARIABL..E WIDTH � _> / ,- EX�ST� N G % 59.91' - 26 27 28 29 30 31 ( 32 M 33 34 35 36 DRAIN R.O.W. , s / \ S59'52'11 "W V M D ss s 50 61 - _ ZONING A - - -- S30'01'02 "E 1172.99' ° Q) \ SCHERTZ CITY LIMITS �/ / / �\ \v S60.00'52 "WL �gR-� / / ! j \ 51 p BOUNDARY \ 1 -- - __,- / J I \ \ 60 ` SELMA CITY LIMITS / / v �o �� \ 785 Ow i I co �� Z 59 / 1 FZ \ \ �� -� - I -� N 0 r -- x_770 -�,- / PROPOSED �� �,1 - -- o , v N0 53 ; / \ \ N C/ ' 58 - /- SINGLE FAMILY RESIDENTIAL -- _- _- _ __ D J - " � 765 - - --co � v � � � ' � - - � EXISTI NG G6s - _ so, N30 °04'31 "W 500.00'_ R-2 760 1 o0 57 , ZONING � - 776 - -. TWO ASATES PROFIT V A 0) \ / � �- ,� / % `n SOCI \ i SHARING PLAN & TRUST ­(VOL. 7, PGS- 530 -531, O. P.R.)LS PROPERTY 10: 137139 _ - _ / / _ J- -- - -- / / -765 /� j RIDGE AT CAROLINA CROSSING- - \ 0 1 / 7 `TS HOMEOWNERS 0 / 80' ELECTRIC EASEMENT -- A 2��I / (VOL - 114.5, PG. sea, G.P.R.) CC• PROPERTY ID: 17917 EXISTING '' 760 / o -�/ - ,� "I vv 70.70 -\ / 30' FLECTMC CASCMENT „ / (VOL 1145, PG. 553, 0?R_ �% - - - -- _ N29'49 32 W �� / / A 7.192 7CRES / \ \ OPEN SPACE / , R -2 - - - / _> , - 200 -755 -- 750 7 9.167 ACRES PROPOSED - " ZONING N /�� 00 COMMON OPEN SPACEi. _ o ' L V VARIABLE WIDTH ' ' ' ' ' N d' A I DRAINAGE EASEMENT (n \\ ,io' ei..ec rRic eASEMENr- �� `- I W - ��. >U�� V A NoE. n64, �. Tes, oPR_) _ - REZONE co �N 50' c4'n� VA 70.70' ��', ; ,/ � RaW- _--- BOUNDARY`S ♦� v6SA� PG 368 SANITARY EWER ET (VOL 5, . 0. DR) S29 50'00 "E o / \ :.... .. G50 PROPOSED 0 GUADALUPE VALLEY .Y� ELECTRIC , PGP5 43, O', .RG �- (VOL- 1145, PG. 543, C7. P. R.) dam' L A- p PROPERTY ID:64642 I �� 0 O \ 8.517 ACRES REZONE ZONED: R -2 / N tC7 / COMMON OPEN SPACE & (- 0�/ VARIABLE WIDTH DRAINAGE En -- BOUNDARY ��� -- f EA MENf \ zs' WATER ESM'T ' -___ - -- �f-� -- __ - - -- -� I � CITY 0 SCHERTZ 70 (101.- 642, PG. 468, D.R.) __v -- • \ \ '- -'" i \ _...� , _i - - _ SAVANNAH ORIVE', SCHERTZ, IX 78154 tD PROPERTY ID: 127557 / ROW ,- 21' SANiTARV SEWER Esrrt'T �t', KENSINGTON RANCH ESTATES" (VOL 642 PG- 460, D.R.) J \ DRAINAGE EASEMENT /' �� / / - SUBDIVISION UNIT 1 \ &PARK LAND , ` - _ - (V01..... 8, PGS 1 4, O.P.R) -- - _ DEDICATION N29'50'00' W 1284.52' / / / -- - - - -- _ -- - _ _ _ - - - `L�.�j -� SINGLE FAMILY RESIDENTIAL_ Y, � ) - -- -- -- -- --- - �- -- - - -t -- --- - Z0� PDD -- LIVE OAK HILLS SUBDIVISION TwSAwTARrsewERESMT r ( J (VOL, 2, RES. 146- -147, MP.R.) vnaiAeEE WIDTH E�creic. ( UNDEVELOPED N22. sms. TEEVSMNE W mete / �„ TCECV610N EASEMENT N ` / / W / (VOL 2262, PG. 868, OR_) � � ZONED :R-2 � \� /' 11 1•Y 385.Sg' i...�\ / - -745- / - - - - - - -- -- / 92 v/� - - -i ��- 740:.- •••�! \ 5 (- ! I � j" ;-- -.►�"� X�' !_= 159.85' I _ --- - - - -- - A R= 275.52' �. ..� �= 33'14'33" 1 1 V CITY OF SCHERTZ 8 -037 ACRES � U -- - - -_ - -- _ - --- _ -- _.- - - _ o' wATrR EsM'T OL_ 2708 PG 726, O P R.) COMMON OPEN SPACE & E - -(voE. rasa, Pc- ass, ovR) PROPERTY ID. 64665 VARIABLE WIDTH DRAINAGE IARiAeEE wH)T e"C'Zic. �/ ZONED: R -2 / EASEMENT G"`"S'TELEV"Go EenseMENEt \ LL P� /-- -/ VOL . 2262 PG- eaT, oR_)/ / �. _ w ,- - - - „�► no-oft aft"ft Ill U) wamft awAfto \ U l w D I ETZ CREEK 16' WATER EASEMENT •... �. j (VGL. 2232, PG. 289, 0 R) 1 / - - ;'...I - -- SCHERTZ CITY LIMITS_ ,,,00w � - --- _ 74V----------- - - - - -- - --� SELMA CITY LIMITS --------------- - - - -- - - - 745 _ x-745 � T Z -_D- 1 -- 'I- I-------- - - - - -- -D - i i J LINE TABLE TI �� BEARING 1 \ IL LIVE OAK L (Vol._ 2, PG UN / O O l O ` lO (O 0 J O N290 53'42"W O 120.00' C co CA ----------------------- -- - - - - -- -- ------------------------ HILLS SUBDIVISION / - 1 1 E LEGAL DESCRIPTION: oEVE�OP D7, MPR) MARIETTA LANE A 65.97 ACRE TRACT OF LAND IN THE CITY OF SCHERTZ, TEXAS OUT OF oIE.I + ' ■� J _i- -T THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, BEING MADE CAROLINA CROSSING OUT OF A PORTION OF A 23.811 ACRE TRACT OF LAND OF RECORD IN SUBDIVISION UNIT 4 (9 J 10 11 12 / 13 14 15 16 j VIOL. 6, Pc_ R o P_R -) VOLUME 2142, PAGE 580 OF THE OFFFICIAL PUBLIC RECORDS OF "i s'NGLE ZONE : RES'DENr'A`- GUADALUPE COUNTY TEXAS AND THE FOLLOWING LOTS AND BLOCKS OF / 18 ZONED: R - -6 o / 17 -� THE LIVE OAK HILLS SUBDIVISION, A PLAT OF RECORD IN VOLUME 2, - - - -- - ---- ---- o - - - -- - - -- - - -- PAGES 146 -147 OF THE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS. �t 1005 l.F TO / % o A \ N I . A / 0 Co o LOTS 10 -18, BLOCK 31; LOTS 9 -16, BLOCK 32; ALL OF BLOCK 33; LOTS INTERSECTI(�! OF L� A C 4a Z9 Gg5 _ 800 - - -- - -� L POINT OF -7105- v� DERSiEIN RD. � Y SCHERTZ PARKWAY C � � < �' 1 -17, BLOCK 34; ALL OF BLOCKS 35 -38; LOTS 1 -17, BLOCK 39; ALL BEGINNING SO�ERTZ PARkwAY J / A OF BLOCK 40; LOTS 2 -12, 14 -16, BLOCK 41; LOTS 2 -16, BLOCK 42 S29 °5342 "E 297.30' S29'53'42 "E 773.77' / I �� 105.00' A / 70' / �I �o oo' FORTRESS BAY EXISTING 1 9 1 PROPERTIES L_LC N60'21'20 E ROW 107.04' S29'48'49 E V 4993 SCHERTZ PARKWAY 105.00' I ' IS 159290 /S60'21'20 "W I L1 �� NS S60' 2'29 "W i 11) U / Q�V A I \ �0/�� \ 9 DAY CARE FACILITY /� ) J J 75.00' n / - G`� J ' 1 ` Jl. , �s / S29 53 42 E \ N U \ �� N Al 1� 20 � - -- � / M / 1 � �ZONEN GB / % % I co _-� mD, -�0,5 1 I / 1 S\ I I A T, CAS -- / CITY SCHERTZ _ \ \ '. � CAROLINA CROSSING V I GyL%_ i /VOL. 776, PG. G. 9480.P. R. 1 SUBDIVISION UNIT 8 / w (VOL. 6, PG. �SOO, O.P.R.) co 1 1 ) \ / W 1 I) z SINGLE ZONED: RRESIDENTIAL / / / co- j� �V SANITARY 68A, CSG'T Y7 ) 1 (VOL s, Pc aasn, r)re -) l PROPOSED N o z° m - Q v CAROLINA CROSSING - PINPOINT LEGACY AT / \ I / o o 23 SUBDIVISION UNrr 7 FORE 21 RIDGE I_LC O Z 46 45 44 43 42 41 I 40 39 / 0 \ 47 (Vol_ 6, PG. 219, O.P.R.) �5S -_ 5001 SCHERTZ PARKWAY ' REZONE \ I ` 1 [n � v�'i °I 1 ' SINGLE FAMILY RESIDENTIAL ID: 159292 '� / \ i �� �i ZONED: R -6 ED a c5 / BOUNDARY /I ( 69.56 A a o oVi 24 O �a a�° -- r -- - - - -� __ - - -- - - --� - - - - -- / 3 8 / A A X /� > / i 1 _ ASSISTED LIVING / - o / 48 1 SO 10 - 1 V r e � � T_ - -�� ---- ----� ,� --r l--- L -- � PROPERTY ISSOCI TI TY / \ FLORENCE GROVE V � ZONED: GB � � S29'48 48' E � � V � \ VcROSSINC assoclATloN� � 62 / 25 / 140147 V� 1.230 ACRES - s �C 49 N 37 718 ACRES v \ 200 OPEN SPACE % L �( I o / VARIABL..E WIDTH � _> / ,- EX�ST� N G % 59.91' - 26 27 28 29 30 31 ( 32 M 33 34 35 36 DRAIN R.O.W. , s / \ S59'52'11 "W V M D ss s 50 61 - _ ZONING A - - -- S30'01'02 "E 1172.99' ° Q) \ SCHERTZ CITY LIMITS �/ / / �\ \v S60.00'52 "WL �gR-� / / ! j \ 51 p BOUNDARY \ 1 -- - __,- / J I \ \ 60 ` SELMA CITY LIMITS / / v �o �� \ 785 Ow i I co �� Z 59 / 1 FZ \ \ �� -� - I -� N 0 r -- x_770 -�,- / PROPOSED �� �,1 - -- o , v N0 53 ; / \ \ N C/ ' 58 - /- SINGLE FAMILY RESIDENTIAL -- _- _- _ __ D J - " � 765 - - --co � v � � � ' � - - � EXISTI NG G6s - _ so, N30 °04'31 "W 500.00'_ R-2 760 1 o0 57 , ZONING � - 776 - -. TWO ASATES PROFIT V A 0) \ / � �- ,� / % `n SOCI \ i SHARING PLAN & TRUST ­(VOL. 7, PGS- 530 -531, O. P.R.)LS PROPERTY 10: 137139 _ - _ / / _ J- -- - -- / / -765 /� j RIDGE AT CAROLINA CROSSING- - \ 0 1 / 7 `TS HOMEOWNERS 0 / 80' ELECTRIC EASEMENT -- A 2��I / (VOL - 114.5, PG. sea, G.P.R.) CC• PROPERTY ID: 17917 EXISTING '' 760 / o -�/ - ,� "I vv 70.70 -\ / 30' FLECTMC CASCMENT „ / (VOL 1145, PG. 553, 0?R_ �% - - - -- _ N29'49 32 W �� / / A 7.192 7CRES / \ \ OPEN SPACE / , R -2 - - - / _> , - 200 -755 -- 750 7 9.167 ACRES PROPOSED - " ZONING N /�� 00 COMMON OPEN SPACEi. _ o ' L V VARIABLE WIDTH ' ' ' ' ' N d' A I DRAINAGE EASEMENT (n \\ ,io' ei..ec rRic eASEMENr- �� `- I W - ��. >U�� V A NoE. n64, �. Tes, oPR_) _ - REZONE co �N 50' c4'n� VA 70.70' ��', ; ,/ � RaW- _--- BOUNDARY`S ♦� v6SA� PG 368 SANITARY EWER ET (VOL 5, . 0. DR) S29 50'00 "E o / \ :.... .. G50 PROPOSED 0 GUADALUPE VALLEY .Y� ELECTRIC , PGP5 43, O', .RG �- (VOL- 1145, PG. 543, C7. P. R.) dam' L A- p PROPERTY ID:64642 I �� 0 O \ 8.517 ACRES REZONE ZONED: R -2 / N tC7 / COMMON OPEN SPACE & (- 0�/ VARIABLE WIDTH DRAINAGE En -- BOUNDARY ��� -- f EA MENf \ zs' WATER ESM'T ' -___ - -- �f-� -- __ - - -- -� I � CITY 0 SCHERTZ 70 (101.- 642, PG. 468, D.R.) __v -- • \ \ '- -'" i \ _...� , _i - - _ SAVANNAH ORIVE', SCHERTZ, IX 78154 tD PROPERTY ID: 127557 / ROW ,- 21' SANiTARV SEWER Esrrt'T �t', KENSINGTON RANCH ESTATES" (VOL 642 PG- 460, D.R.) J \ DRAINAGE EASEMENT /' �� / / - SUBDIVISION UNIT 1 \ &PARK LAND , ` - _ - (V01..... 8, PGS 1 4, O.P.R) -- - _ DEDICATION N29'50'00' W 1284.52' / / / -- - - - -- _ -- - _ _ _ - - - `L�.�j -� SINGLE FAMILY RESIDENTIAL_ Y, � ) - -- -- -- -- --- - �- -- - - -t -- --- - Z0� PDD -- LIVE OAK HILLS SUBDIVISION TwSAwTARrsewERESMT r ( J (VOL, 2, RES. 146- -147, MP.R.) vnaiAeEE WIDTH E�creic. ( UNDEVELOPED N22. sms. TEEVSMNE W mete / �„ TCECV610N EASEMENT N ` / / W / (VOL 2262, PG. 868, OR_) � � ZONED :R-2 � \� /' 11 1•Y 385.Sg' i...�\ / - -745- / - - - - - - -- -- / 92 v/� - - -i ��- 740:.- •••�! \ 5 (- ! I � j" ;-- -.►�"� X�' !_= 159.85' I _ --- - - - -- - A R= 275.52' �. ..� �= 33'14'33" 1 1 V CITY OF SCHERTZ 8 -037 ACRES � U -- - - -_ - -- _ - --- _ -- _.- - - _ o' wATrR EsM'T OL_ 2708 PG 726, O P R.) COMMON OPEN SPACE & E - -(voE. rasa, Pc- ass, ovR) PROPERTY ID. 64665 VARIABLE WIDTH DRAINAGE IARiAeEE wH)T e"C'Zic. �/ ZONED: R -2 / EASEMENT G"`"S'TELEV"Go EenseMENEt \ LL P� /-- -/ VOL . 2262 PG- eaT, oR_)/ / �. _ w ,- - - - „�► no-oft aft"ft Ill U) wamft awAfto \ U l w D I ETZ CREEK 16' WATER EASEMENT •... �. j (VGL. 2232, PG. 289, 0 R) 1 / - - ;'...I - -- SCHERTZ CITY LIMITS_ ,,,00w � - --- _ 74V----------- - - - - -- - --� SELMA CITY LIMITS --------------- - - - -- - - - 745 _ x-745 � T Z -_D- 1 -- 'I- I-------- - - - - -- -D - i i J LINE TABLE LINE LENGTH BEARING L1 75.00' S290 53'42"E L2 120.00' S600 06' 18 "W L3 75.09' N290 53'42"W L4 120.00' N600 08'45"E 65.97 ACRES -TOTAL TRACT AREA 150 0 75 150 SCALE: 1" = 150' - - - - - -- - - - -- -800 - - - - - - -- - - - - - -- - - - - -- - -- PDD NS R -2 31 PROJECT BOUNDARY 200' NOTIFICATION BOUNDARY 100YR FLOODPLAIN - FIRM PANEL NO.4802900095F EXISTING CONTOURS PLANNED DEVELOPMENT DISTRICT NEIGHBORHOOD SERVICES SINGLE FAMILY RESIDENTIAL ADJACENT PROPERTY OWNERSHIP SEE SHEET PDD -2 GENERAL NOTES 1. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE R ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLATTING, 2, ALL OPEN SPACE, COMMON AREAS, GREENBELTS, LANDSCAPE, DRAINAGE EASEMENT T RESPONS RESPONSIBILITY OF THE OWNER R AS SHALL BE PRIVATE HE ER OR OWNER'S SUCCESSORS AND/OR ASSIGNS. 3, ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48187CO21OF DATED NOV. 2, 2007, SITE IS WITHIN THE 100 - -YEAR FLOODPLAIN. 4, CONTOURS ARE FROM SAN ANTONIO RIVER AUTHORITY LIDAR. 5, AN ELEVATION CERTIFICATE WILL BE REQUIRED FOR ALL LOTS WITHIN 100' OF THE 100 YEAR FLOOD, 6. UTILITY SERVICE PROVIDED BY THE FOLLOWING ENTITIES: WA F R SERVICE - C I l -Y OF SCHF R I Z SEWER SERVICE - CITY OF SCHERTZ TELEPHONE SERVICE AI - &-1-. CABLE TEL.FVISION - SPECTRUM GAS & ELECTRIC --- GVEC HERITAGE OAKS ZONING TABLE CONDITION ZONING AREA (AC.) EXISTING NS 5.81 EXISTING R -2 60.16 PROPOSED PDD 65.97 ENGINEER / APPLICANT: WESTWOOD PROFESSIONAL SERVICES 1718 DRY CREEK WAY, SUITE 110 SAN ANTONIO, TEXAS 78259 TEL: (210) 265 -8300 SURVEYOR WESTWOOD PROFESSIONAL SERVICES 1718 DRY CREEK WAY, SUITE 110 SAN ANTONIO, TEXAS 78259 TEL: (210) 265 -8300 OWNER / DEVELOPER - _ _ -_ _ PRESIDIO GROUP, LLC 18618 TUSCANY STONE, SUITE 200 SAN ANTONIO, TEXAS 78258 TEL: (210) 826 -9000 JOB NO.: 24313.00 DATE: JANUARY 2020 DESIGN: DRAWN: DAD CHECKED: o 0 • Fr m • 11 co CA ff z cn CD • 0 • .. • • o •• .. W .. m .. W • � . 7 \ \� Q 0 - 0 �� .. . co co 0 C4 m z - •• V .. - • JOB NO.: 24313.00 DATE: JANUARY 2020 DESIGN: DRAWN: DAD CHECKED: o 0 • Fr • 11 CA ff cn CD • • .. • • o •• .. IL .. .. . • � . 7 \ \� 0 - �� .. . co co 0 C4 m - •• V .. - • .. • 0 ' U. Y1 • :. �., JOB NO.: 24313.00 DATE: JANUARY 2020 DESIGN: DRAWN: DAD CHECKED: o 0 • Fr • 11 CA ff • • • • IL JOB NO.: 24313.00 DATE: JANUARY 2020 DESIGN: DRAWN: DAD CHECKED: SITE LOCATION MAP (NOT TO SCALE) LIVE OAKS HILLS SUBDIVISION 1. SCHERTZ- CIBOLO- UNIVERSAL CITY ISD (VERY SCHERTZ PARKWAY, SCHERTZ, TX 78154 3716 FLORENCE GROVE, PROPERTY ID: 17949 PROPERTY ID: 32028 20. 2. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER 3400 BILTMORE MANOR, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 PRADO PROPERTY ID: 17950 PROPERTY ID: 32027 21. 3. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER 3404 BILTMORE MANOR, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 49. PROPERTY ID: 17951 PROPERTY ID: 32026 22. 4. SCHERTZ- CIBOLO- UNIVERSAL CITY ISD 3708 FLORENCE GROVE, 3408 BILTMORE MANOR, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 PROPERTY ID: 17913 PROPERTY ID: 17952 PROPERTY ID: 32025 23. 5. SCHERTZ- CIBOLO- UNIVERSAL CITY ISD 3412 BILTMORE MANOR, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 SCHERTZ, PROPERTY ID: 17953 PROPERTY ID: 32024 24. 6. JESUS LOPEZ & DORIS REBECCA HERNANDEZ 35. 3416 BILTMORE MANOR, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 PROPERTY ID: 17954 PROPERTY ID: 32023 25. 7. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER 3420 BILTMORE MANOR, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 37. PROPERTY ID: 17955 PROPERTY ID: 32022 26. 8. CITY OF SCHERTZ TX 78154 3740 FLORENCE GROVE, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 PROPERTY ID: 17956 PROPERTY ID: 32021 27. 9. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER 3736 FLORENCE GROVE, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 TX 78154 PROPERTY ID: 17957 PROPERTY ID: 32011 28. 10. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER 3732 FLORENCE GROVE, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 3416 ABBEVILLE DRIVE, PROPERTY ID: 17958 PROPERTY ID: 32010 29. 11. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER 3728 FLORENCE GROVE, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 RACHEL LEIGH JACKSON PROPERTY ID: 17959 PROPERTY ID: 32009 30. 12. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER 3724 FLORENCE GROVE, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 0 PROPERTY ID: 17960 PROPERTY ID: 32008 31. 13. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER 3720 FLORENCE GROVE, SCHERTZ, TX SCHERTZ PARKWAY, SCHERTZ, TX 78154 PROPERTY ID: 17925 PROPERTY ID: 17961 PROPERTY ID: 32007 42. 14. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER SCHERTZ PARKWAY, SCHERTZ, TX 78154 SCHERTZ, TX 78154 PROPERTY ID: 32006 PROPERTY ID: 17926 15. NANCY SCHAEFER NON GST EXEMPT TRUST FBO JANE SCHAEFER JASON M & COURTNEY L SCHERTZ PARKWAY, SCHERTZ, TX 78154 3464 ROCK HILL VIEW, PROPERTY ID: 32005 SCHERTZ, 16. CITY OF SCHERTZ PROPERTY ID: 17927 SCHERTZ PARKWAY, SCHERTZ, TX 78154 44. JOHN D JR & YOVANNY PROPERTY ID: 32004 17. CITY OF SCHERTZ SCHERTZ, TX 78154 SCHERTZ PARKWAY, SCHERTZ, TX 78154 PROPERTY ID: 17928 PROPERTY ID: 32003 45. k fm -=11 TIM ag;: ��jc!!lb I[* 'qm ] 11 �j m III hk IRA 0, CAROLINA CROSSING SUBDIVISION UNIT 4 18. GLENN R & SANDRA K BRETZKE 3740 MARIETTA LANE, SCHERTZ, TX 78154 PROPERTY ID: 17678 CAROLINA CROSSING SUBDIVISION UNIT 8 19. OSCAR & KIMBERLY RAMIREZ (VERY 3500 SUMTER GLADE, SCHERTZ, TX 78154 3716 FLORENCE GROVE, PROPERTY ID: 17949 TX 78154 20. MARK D & SANDRA MASON 48. 3400 BILTMORE MANOR, SCHERTZ, TX 78154 PRADO PROPERTY ID: 17950 3489 ROCK HILL VIEW, 21. TRAVIS C & DAWN DUPLANTIER ROBINETTE TX 78154 PROPERTY ID: 17914 3404 BILTMORE MANOR, SCHERTZ, TX 78154 49. PROPERTY ID: 17951 GEORGE SHILOBOD 22. KAREN SHELTON BRITSCH 3485 ROCK HILL VIEW, 3708 FLORENCE GROVE, 3408 BILTMORE MANOR, SCHERTZ, TX 78154 PROPERTY ID: 17913 PROPERTY ID: 17952 0 23. EDWARD M JR & DESSA A ANDERSON JOHN E & JESSICA LEESANG 3412 BILTMORE MANOR, SCHERTZ, TX 78154 SCHERTZ, PROPERTY ID: 17953 24. JEFF R & MARILYN P INGRAM 35. 3416 BILTMORE MANOR, SCHERTZ, TX 78154 PROPERTY ID: 17954 3700 FLORENCE GROVE, 25. NORMA & MARK HIDALGO PROPERTY ID: 17966 3420 BILTMORE MANOR, SCHERTZ, TX 78154 37. PROPERTY ID: 17955 MASSIE PYRC 26. MARKE & PAULA J SAINT HILL SCHERTZ, TX 78154 3740 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17956 38. 27. STEVE A & CATIA CHANDLER 3736 FLORENCE GROVE, SCHERTZ, TX 78154 TX 78154 PROPERTY ID: 17957 PROPERTY ID: 17968 28. DONALD J & KERRY BROWN 39. STEVE B & HOLLY A NAGY 3732 FLORENCE GROVE, SCHERTZ, TX 78154 3416 ABBEVILLE DRIVE, PROPERTY ID: 17958 TX 78154 29. JAVIER PALACIOS & DIANA ANDREA PROPERTY ID: 17908 3728 FLORENCE GROVE, SCHERTZ, TX 78154 RACHEL LEIGH JACKSON PROPERTY ID: 17959 30. TIMOTHY K & KIMBERLY A CARROLL TX 78154 3724 FLORENCE GROVE, SCHERTZ, TX 78154 0 PROPERTY ID: 17960 TIMOTHY B & EMILY M PAULSEN 31. CINDY L FOLLETTE 3715 FLORENCE GROVE, SCHERTZ, 3720 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17925 PROPERTY ID: 17961 32. MICHELLE L & ERWIN R (VERY 3493 ROCK HILL VIEW, 3716 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17915 PROPERTY ID: 17962 48. 33. YADIRA VANESSA & RAUL PRADO TIRADO 3489 ROCK HILL VIEW, 3712 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17914 PROPERTY ID: 17963 49. 34. GEORGE SHILOBOD • 3485 ROCK HILL VIEW, 3708 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17913 PROPERTY ID: 17964 0 50. 35. JOHN E & JESSICA LEESANG 3704 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17965 35. ADRIAN CORNEJO A DUNCAN 3700 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17966 37. JUSTIN L & AMANDA E WILLMANN MASSIE PYRC 3429 ABBEVILLE DRIVE, SCHERTZ, TX 78154 PROPERTY ID: 17967 38. DOUGLAS A & KRISTIN K PACK 3425 ABBEVILLE DRIVE, SCHERTZ, TX 78154 PROPERTY ID: 17968 39. STEVE B & HOLLY A NAGY 3416 ABBEVILLE DRIVE, SCHERTZ, TX 78154 TX 78154 PROPERTY ID: 17923 PROPERTY ID: 17908 40. MICHAEL CRISTOPHER MULLEN RACHEL LEIGH JACKSON 0 3711 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17924 0 41. TIMOTHY B & EMILY M PAULSEN 3715 FLORENCE GROVE, SCHERTZ, TX 78154 z PROPERTY ID: 17925 42. FRANK & DIANE E ADAMS 3719 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17905 PROPERTY ID: 17926 58. 43. JASON M & COURTNEY L WILLIAMS 3464 ROCK HILL VIEW, 3723 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17875 PROPERTY ID: 17927 59. 44. JOHN D JR & YOVANNY C HULSEY 3468 ROCK HILL VIEW, 3727 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17876 PROPERTY ID: 17928 60. 45. ROBERT & SHARON ST CLAIR 3472 ROCK HILL VIEW, SCHERTZ, 3731 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17929 61. ROBERT J WILLIS JR 46. MICHELLE & DONNIE L ST JOHN 3476 ROCK HILL VIEW, SCHERTZ, 3735 FLORENCE GROVE, SCHERTZ, TX 78154 PROPERTY ID: 17930 CAROLINA CROSSING SUBDIVISION UNIT 7 47. DOROTHY L HYATT & TROY H POCHER 3493 ROCK HILL VIEW, SCHERTZ, TX 78154 F- PROPERTY ID: 17915 48. SALLY L & JOHN D RIOJAS 10 a 3489 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17914 49. JAMES P MURRAY JR I • 3485 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17913 0 50. GERDA A PETERSON 3481 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17912 51. ROBERT J & MALLORY A DUNCAN 3477 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17911 52. BENJAMIN JOSEPH & ELIZABETH MASSIE PYRC 3473 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17910 53. MATTHEW P MANGINI W 3469 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17909 54. UNKNOWN 3465 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17908 55. RACHEL LEIGH JACKSON 0 3461 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17907 0 56. KENNETH R & NORMA Y MIESS 3457 ROCK HILL VIEW, SCHERTZ, TX 78154 z PROPERTY ID: 17906 57. RALPH E & GREER E HORRELL 3420 DARTMOUTH COVE, SCHERTZ, TX 78154 PROPERTY ID: 17905 58. ROBERT J & NANCY S SCHRADER 3464 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17875 59. UNKNOWN 3468 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17876 60. HEATHER SHERMAN & VICTOR ISRAEL LEAL 3472 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17877 61. ROBERT J WILLIS JR 3476 ROCK HILL VIEW, SCHERTZ, TX 78154 PROPERTY ID: 17878 : WESTWOOD PROFESSIONAL SERVICES 1718 DRY CREEK WAY, SUITE 110 SAN ANTONIO, TEXAS 78259 TEL: (210) 265 -8300 SURVEYOR WESTWOOD PROFESSIONAL SERVICES 1718 DRY CREEK WAY, SUITE 110 SAN ANTONIO, TEXAS 78259 TEL: (210) 265 -8300 OWNER / DEVELOPER PRESIDIO GROUP, LLC 18618 TUSCANY STONE, SUITE 200 SAN ANTONIO, TEXAS 78258 TEL: (210) 826 -9000 1 0 a� �o aLo cc N o a h o Gov; o = oQ 1 a� cn 3 00 CD Lo M r 00 �o ul) r N 0, o ac - o N 00 c a so �- 0 In r V U" 6 z vi �W vi m 0 . 00 y V &A m � o 0 a` o u- � m h o i 0 F- m 10 a F-CA. [7 z I • 0 0 cn Li m W Q 0 0 z 1 0 a� �o aLo cc N o a h o Gov; o = oQ 1 a� cn 3 00 CD Lo M r 00 �o ul) r N 0, o ac - o N 00 c a so �- 0 In r V U" 6 z vi �W vi m 0 . 00 y V &A m � o 0 a` o u- � m h JOB NO.: 24313.00 DATE: JANUARY 2020 DESIGN: DRAWN: DAD CHECKED: SHEET 'OR o i 0 F- 10 a F-CA. [7 I • 0 cj IL JOB NO.: 24313.00 DATE: JANUARY 2020 DESIGN: DRAWN: DAD CHECKED: SHEET 'OR I I k1k, IH-35 (137139) 313,2 _ 91 1y9 3 .p, 3184 /15 51aiay` 9 ypy 1 1.11-ZSFI-1 :14 if 91y� 91�� 31ggy 91gy1. f A 91g� 919 1g1y .:m 91gy�. m-9�y 1� 1, P, 110" 1 I WE '/ s311g� 31�y. MORALN 119Q "' (644642) V°w pE MOORA )N 9 e S FM 1518 (64665) Reply Form 1400 T 78irw 210.619.1000 In • �r Ala the request r WO SChaft Parkway Schertz, Tom 78154 00 r 2.2= # IVA DIF III wklj I NO Sincerely, Nick Koplyay Senior Planner NAME:, SkO SIGNATURE ,ICO (PLEASE PRINT) 431", STREET ADDRESS: fs C- e– 0 U'E DATE:-4--A-q- I 11-11VIII-marl N= ` ► ► t' IL ! F: ar Gi "i [" 1400 Sv#mft Parkway Tom 71 $ i1 ®1 A 1 Taxas 78164 1 .1 ♦ • PLANNING 11 {' DEVELOPMENT NOTICE 1 Apdl 2, 2621 Dear Property Ownw, PLANILING & COMMUNITY DEVELOPMENT The Schedz Planning and Zoning ComrYission will conduct a public headng on at 6:00 p.m. located at the unicl l Complex Council Chambers, 1400 Schertz a rai .d ng #4, Schertz, T to consider and make recommendation on the Wowing item: 66 0 request to rezone aMmxlmately 66 acms of land from Single-Family Residential Distdct °) and e° hboftW Services Distdcl ) to Manned Development Distdcl (PDD), gmmlly located h t of the intersection een Schertz Peftay e taro Road, City of Sc hertz, Guadalupe County, Texas. The Planrfing and onl Commission d lie to hear how you feel about this t and invites you to atterw the public hea4ng. 7his form is used to cakulate the percerdap of landowners t t acs a sa f st. you may turn the ply f o;m below pft to the first public headng date by mail or persoml deflvM to Nick Koplyay, Planner, 1400 Sc hertz Parkway, Schertz, Texas 78154, by 6 619-1789, or by a l you e any quesfiom please feel free to call Nick KoMyay, Senior Planner at (210) 619-17W Qli Sincerely, Nick Koplyay Senior Planner From: Rachel Dias <rachelleigh21@yahoo.com> Sent Tuesday, April 13,2021 4A1 PM To: planning@schertz.com ► - U 1 bj e c t: statement for P&Z meeting for 4/13/2021 • AIM Schert, Tx 210-748-2SIO �17,71MM= M-=r-MwU# is Please find attached notices of opposition to proposed PIDD from numerous residents of Ridge at Carolina Crossing. Thank you Rachel Rosas 3461 Rock Hill View FI e NOTICE OF PUSUC Dear Property Owner, PLANNING & COMMUNITY m'. ENT The Planning and Zoning Comnfisslon lie to feel this request and invites you to afterW the public heaft. This form is used to calculate the percentwp of landDwners that suppoif and se the u t. You may return the y form below prior to the fimt public heaflng date by mail or pemonal defivery to Nick Koplyay, Planner, 1400 Scheft Parkway, Schertz, Texas 78154. by fax (210) 619-1789, or by ail ",,I����� if you have any quesVons Nease feel free to 1 Nick Kooyay, Senior Plan (210) 619-1780, COMMUNFTY 1q MWICE SC91110EIRTZ OPPORTUN17Y NOTICE i MMMM Dear r, PLt"NNiNG & COMMUNITY DEwi.opmEwr The Planning ib like to you feel about this request and Invites you to tt _ the public heaft, This fWn is used to cut the meat that support and oppose the t, You y return the reply lofm below ' to the t public headng date by mail or pemonsl delivery to Nick y yw Planner, 1400 Schertz Parkway. Schertz, Texas 78154, by fax (210) 619 -1789, e-mail �� ��� � 4'` ,.'� "�������nn ��',� if you v any questions p1me feel fme to i Nick Kopyay, Senior Planner at (210) 6, 17 w DATE: � � NOTICE I Dear Property Owner, PLANNING & COMMUNITY DEVELOPMENT The Planning arKi Zoning mission would like to hear how you feel this request and Invites to attend _ the pubflc heafing, This fonn is used to calculate the percentage land6wnars that and sa the request You may 1 the reply form below prior to the first puNic headng date by mail or pmorW deffvery to Nick Kcoyay, Pl r , 1400 Schertz PAway, Schertz, Texas , by # (210) 619-1789, or by e-mail pl o p I I# you a any questions so feel free to call Nick Koplyay, Senior Plan at 1t1 5 1 K Since ys 01&4j. � J�Y-d, Nick ay Senior Planner Reply Form I a: In favor of o netAral to 0 the request for EM STREET ADDRESS- DATE: _«m NOTICE OF PUBLIC MMEM Dear Pmpedy Owner, PLAINMNIG DEW.I.OPMENT The Planning and Zoning Commission woWd like to you feel about this t aW invftes you to the publIc headng. This fbim is used tocalculate the rr fardowners that support pnd oppose t. reque$f. you y mi pOor to the first public heaft date by mail or personal de)kery to Nick Kopyay, Plamm 1400 Scheft Parkway, Schertz, Texas 78164, y1 0) 619-1789, or by all ;�{� you any questions l ftee to l Nick Koplyay, Senior Planner at (2 10) 619-1780, 1 a rhs1f; COMMUNITY SERVICE SCHIER"TZ OPPORTUNrFY NOTICE OF PUBLIC HEARING Apdl 2, 2021 Dear Pmperty Owner', PLANNING & COMMUNITY DEWAX)PMENT Sincerely, is Koplyay Senior Planner I am: In favor of 0 COMMENTS-.­­ NAME: 1 fnw M. Reply Form 2WMed to w to 0 (PLEASE PRINT) STREET ADDRESS: DATE: V1 k the request for ZC2020-005 VIM FeME-M =4 � � rr � � ► r DEVELOPMENT ` r i 'i f '.. 1 i i i i� i i• . f i " i i i i i. i i !i 1 • : +f ♦ !: i" i t1 itfl 11►1w" 'i i , 1400 Tom 78154 210.619.1 C >: �� t w' x ire ';x y' Yt • t. =.�` i ? x Ix TO =l.. to 7 �: IS x x:-0 �� ► • I,L ::a';`4'w 7719'- A#" �'_i L i.. 1 •. �:'' C' Ix it ; STREET ADDRESS. —122) ti DATE:_, ou o°�rj ITTA "LiTIVET-W7 fit i'q 7- 7, 7, .7j; 140 adwtr pxtm adomyMMIG154 21"IfJow 4 ,-,Me Harr son From: Doug Pack <dougpack@icloud.com> Sent: Tuesday, A»<1,2021 3:10 PM To: planning@schertz.com Subject- Public Hearing Attachments: Notice of Public Hearing.pdf This is a bad idea. <:>! « Elementary »2 «_d< over crowded. The roads are too busy. Police rarely patrol Schertz Parkway or Savannah. How could this improve the lives of Schertz residents? Just leave the land as is. We need more green space. Most residents moved to Schertz to get away from the crowded city. 3s y FzmpVtif� It 4wffl iplit MT,771 COMMENTS: -,SIGNATURE- PLEASE STREET ADDRESS: DATE: 91 1�4QLI -- -4 14WGd"PMftW edmftTom?si$4 4 al"Itl000 il., SCHIERTZ OPPORTUNF" cammUWY SMME PLANNING u. NOTICE OF PUBLIC 1 Owner, Dear Pmperty The Schertz Planning and Zoning Commission will conduct a public heap a R,m a t n 9 nnll �a rs, aA Building , , Texas Meaan Harrison MMEMIt#� .111VIEN1411gilljol Mr;T*A?9W,1T*U by--WA Ift UA 11voll &RI IQM41*111 on j1.'i11zx"2 11[1�91*211 for; I jloiaf�; 1jj�11fj_!l[mZjrAoj 11111. KO)a I J]1;jff711V�Rgj Sit] 1;201# 1 "rflUJ'n­ffr,Fb-W cesignal io Essen Me "Ingesion in Yne STOW, 10 =* Ire SaT,61;. TIUM Ere, panic ana War dangers, TO ensure adequate light and air, to preveat the overcrowding of land and thus avoid undue concentration of populaVon, and to facilitate the adequate provision of transportation, water supply, wastewater treatment, schools, parks and other public requirements. They are established with reasonable consideration for, among other things, the character of each zoning district and its peculiar suitability for the particular uses specified, conserving the value of buildings and envirDnmentally sensitive features, and encouraging the most appropriate use of land throughout the city.- . I 'r . - t" I M; basic neighborhood units." wo Development Code) in a way that contradicts its Intent" --NW-VAW AXEM7,0VA purpos and applicability of zoning under the the Unified Development Code. SWAR R WN R_ R W q, to ensure proper access to transportation, schools, parks and other public requirements for the 200+ homes that are planned to occupy this space. .#if -0 w, 1 to too ON Wit R Development Co x �s SCHER'17 W. MENERM mamtspummum i MEGZMMM mimm SCHIERTZ OPPORTUNITY PLANNING SERVICE t DEVF NOTICE OF PUBLIC HEARING Apitl 2, 2021 Dear Property Owner., The Planning I Commission like to r how you feel this t and Invites you to the public heaft. This fami is to f ut the landowneM that you may return the reply form below to the flrst pLUic heaft date by mall or pmonel delivery to i k Kcoyay, Planner, 1400 Scheft aye Schertz, Texas 78154, by fax (210).619.17 by e-mail Ivy `kx "u .r if you v any questions please feet free to cad Nick Koplyay, Senior Planner at 210 619 -1y , Sincerely, Nick Koplyay Senior Planner NOTICE Mum Dear Property Owner., PLAININING & COMMUNITY DEVELOPMENT `I" The Schertz Planning d Zoning ComWsslon will conduct a public hearing on n 20 k The Planring and Zoning Commission d like to hear how you feW about this request and invites to #t the public nP This form is uW to calculate the pementap of landownem that sWW and oppose t oast. You may return the iy form below prior to the first public hea6ng date by mail or personal deliveq to Nick Koplyay, Planner, 1400 Schertz Parkway. Scheitz, Texas 78154, by # -t r by ue yDu have any questions please feel free to ick Koplyay, Senior Planner at (210) 1780, Sincerely, R Nick y Sander Planner ME sue: in favor of 0 o ZmecLto neutral to 0 the mquest for 0 COMMENI 'C e tee w-h mm Biwa r � PLANNING & COMMUNITY NOTICE OF PUBUC HEARING Apil I: in o M Me9an Harrison ORIMNEMMM From: Ken Miess <miessk@yahoo.com> Sent: Wednesday, April 14,2021 7:39 AM To: planning@schertz.com Subject: ZC2020-005 Attachments: Planning and Zone Public Hearing Form Miess.pdf I am opposed to the proposed development. This is sub par by any standard. Please have Presidio propose a new levelopment that meets Schertz' standards! 11 SCHURTZ QPPOMUWN NOTICE OF PUBUC HEARING COMMUNITY DEVELOPMENT The . a i t you to effew the may Mum is � t t to g t Planw, 140D Wertz Pzkwey, ScherM Texas 78164, by fox M 0) 0194789, or by e-mdl E& you have any questba Ome fed fme to cW1 NIrA Kaoyay, , . Nick Koplyay ReMy Form a In favor of 0 gMed 100 the t for t , Mai r, i r , P ic- council should be ashamed! NAME; Kenneth less PRINT) MEET ADDRESS; _L4,,7 DATE: -. ! : q �.......,: _ , — 171 Me I an Harrison From: Ivan Arano <brujo2204@gmaiI.com> Sent: Tuesday, April 13, 20218:01 PM To: planning@schertz.com Subject: ZC2020-05 response from Carolina Crossing Attachments: 3426 Abbevie Dr.pdf; Carolina Crossing sub unit 8.pdf MM=l 00 Abbeville streets of the Carolina Crossing subdivision unit S. I will be sending some more later today • tomorrow two hours before the meeting. 11 II w H#Wfi r 1 r ► DEVELOPMENT r r t , r tier ♦; > :/,: ! :!: a r! lar x rrts�: r w 7 7. r. to r ! w a r a ♦a [ Sincerely, t� A . rl� Nick o• Senlor Reply Form Lavor ! 0 !!sue -r to neutral to ■; the request for I 1 I i ALLE Ai i"E P R I N T) 1400 _ Taxon 78154 0 21.1 ,1 ri _ is Alm Fle I 41'414a 7 IWA I ?- -? 0 STREET ADDRESS: ."I jq 1 40 adwo Pmkww adwal to" mim a 210.810 I= a Good afternoon, r� .• r r r • r. _r; • M RUMMIMOT 111111 -• r- r r • •- • Amanda Will , Ph.D. transmission of dangerous attachments, b • u as the recipient should always be cautious of receiving messages with Machments that you do recognize or request from the sende r a I I I - IG Emzmq,.a� t a # Y rt. • '. Ri t r,.' a i ' a . Safety concerns: A Premier Texas Family Community lili Iii 10TE'l �01 , t• +i 0 -: HiM 177#771 PIS r r Am, 1507,11K MF# a" STREE DATE: Pff�'� ,+*TAT . ,JT*,!�!!�f TOM 78154 A 210.61&IDW • i ! I f i-. !! a r '! + • a !! � t ! t - �aa t .s r a a s 1�1y-t Nick Koplyay Senior Planner m. f emly Form neutral ■ E' the request for 1400 schut Sao" Tee 70164 A 2104610.1000 i .a lay lie 1,0m I t" 77 - , ,, ri It till# o ;771 STREET ADDRESS, : ., a, OQWWAXM SCHERTZ I om"rko M, r WOTICEOFPUBUCHEARNO m a i I A V b 1 •4. f I i li i� ;{�"Q+. t 1 '� ( X 41 :11 +L. � � M -^ i eb \ !. W j � v.T F ' L � ♦ 1 3 i i � ! I / f w: �A i' . i� Y oil, I.*., i" VIA Megan Harrison d brown <djbrown523@yahoo.com> Tuesday, r planning@schertz.com Subject: Opposed to Heritage Oaks Subdivision N 1i U t • ;' J igIff #15M When we moved to Schertz in 2009, it had a small city feel and a nice place to raise a family. Over the years, we've seen the addition of several large subdivisions throughout Schertz. The small city feel is quickly fading and our becoming nothing but s a metropolis. what drew many of - ' to call Schertz home many years .•r' ` c#r• t• # t r # # • ! • "• ^• 'ice '.,• # • i • # 3. The traffic volume will increase exponentially on Schertz Parkway and FM 1518. The only changes to the roadways we've seen when a new subdivision is built are more traffic lights. The roads have not been widened nor altered to accommodate the increased volume. FM 1518 at 135 is a parking lot at 4:30PM. -, r Parkway is also backing up at 135 and at Schertz Pkwy. Adding additional volume only • r# r the problem. 4. We continue to build housing in an area that has severe drought problems. Adding more households on a strained water system does not seem prudent especially as temperatures continue to increase each year. �T- f • i'! # • ��' # , Florence i Schertz, TX 78154 Me!Slan Harrison From: George Shit d <georgeshilobod@gmaii.com> Sent: Tuesday, April 13, 2021 11:54 AM To: planning@schertz.com Subject: Proposed Zoning Development behind Ridge @ Carolina Crossing George Shilobod 11 Mec;an Harrison From: Kylyn Stark <kylynstark@grnaH.com> Sent: Monday, April 12, 20218:24 PM To: planning@schertz.com Subject: Schertz Rezoning Plan IbOB i q SCHE RTZ OPPOMWN faTM NOTICE OF PUBUC HEARING mmmam Dear Pmpoty Owner, TY s The PIwOng W Zorft Commission would like to how haw you feei about Us mWat aW Im4les you to aftend the fofm Is used toy t, You may mium the " form below pior t t e t to i Pjannw , , 1400 Scheft Parkway, Schutz, Texas 78164, by fax (210) 6194789, or by e4TW1 ggLIW you have any questions please feel free to ° k Keoyay, Sedor Plmv pt (1 0) 619-1780. In favor of D Wmed to to t for ZC202005 COMMENTS., .5, 70f WV j "a 1 _waa. ,sQ. PLO � t ( 1 'j -t 0 :70 4 COMMUMN SCHEIRTZ DM%GMNfff NOTICE OF PUBLJC HEARING Door Pmperty Owner, DEVELOPMElpff The Planning and Zoning Commission woWd like to hear how you fed aboW this request wd Invites you to stwW thq putAlc hesHng. This fonn Is to the of lardownem lhw supw Wd oppose the MqW31, you return may the to ail or pemonal delivvy is Planw, 1400 Scheft Peftay, Schartz, Texas 78154, by fax (210) 619-1789, or by eqnd V@M!Xffsc1jq you have any questions pleme feel free to i !, Wicr Planner at (210) 1 I In favor COMMENTS: fT 60 H-6—W_ a Wmed t. raWmf to t f d - . e s � de . ...2 m SCHERTZ mmmm Door PmPWY Omr, NOTICE OF PUBLIC HEARING PLAMM & COMMUM! DEVELOPMENT sincerely, ptau�- , Ko.t Nick Koplyay 011N1ftn&r QUIN Reply Fwm -005 1 am� in fg!v f [3 _pLo _wed to Me' neutmi to 13 the request for ZC2020 14 00 SMwU Parkmy Sdmu, Tom 76154 210.6191wo SCHURTZ OPPOM... NOTICE OF PUBUC HEARING IMMEMI Dear y Own9r, DEWELOPPMW Thq planrdng and ZQKng Commission hke to you feel abW this reWt and invites to °hmng. This is to the t _ the reqwf- YOU y return the m* foun MW Pft W thO first Public hOafing date by mail l dellwxy to Nick y, Planner, 1400 Schenz Parkway, Schea, Texas 78154, by fax (210) 619-1789, or by eqngjl gqnnj��� If you have y questions, fte to cW1 Nick Kcoyay, Serflor Cann " at k I am: in WoLO 13 owed to S' Mjr9J to E3 the request for ZC2029-005 1400 Sah&U PSfk Tom 78154 �i 619x1 SCHOEIRTZ 0"W1WWW Planning NOTICE OF PUBLIC HEARING Dear PmWy _ Owner, The missy like to hear how you fed about WS t aW WrAtss You t dc to t the t l' to You may return the y fofm below pdor te the first pOc Neft date by mail or personal defivvy to Nick yW Planner, 21 619-1789, or by eaWl gfflning@,schenz.com, It you 9 arry questions feel he to PI Nick Kcoyay, Senior Plawa 2 17 y, A-. J�Y-0' Nick Koplyay Senior Plamw Ropy Form STREET ADDRESS, DATE: e 14M Schedz Paftq SOM TeM 76154 211919.1 rrison From: Kar ellin <karen.bellin@hotmaH.com> Sent: Tuesday, April 13, 2021 12:14 PM To: planning@schertz.com Cc: Ridge at Carolina Crossing Subject: Rejection of Planning Board's Proposed Rezoning We, Karen Bellin and Robert W. Bellin, Jr., reside at 3600 Augusta Glade, Schertz, TX 78154, Ridge at Carolina the following reasons: IT we were there in person. Chanlai ' n;i _r_rWV-x-TTx-PffJt,.1ZJ#. 70 Princeton Theological Seminary Oral Roberts University Sincerely, Nick Ko Y plya Senior Planner Reply Form I am: in favor of 0 woosed to neutral to 0 the requut for ZC202M5 9923=E Mai IMI 1400 Schertz PaFkway Scheru Tekas 78154 2 16 6191 TOWN0 ip, two--, ire & M, Ig-M, �UWVIVI' — -M SincerWy, 0'" .1. E--j Nick Koplyay Senior Planner I Mposed to L neutral to 0 the request for ZC2020-005 1400 Scheru Parkway Sdmu To 78154 2M619 IDDO ORM .1=1= onsider and make recommendation on the following item: AM- FANClIg is R ILI I ejul'i III I VAK:4.4r= Sincerely, Nick Koplyay Senior Planner 92 MM • M-2= R41"i la The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesd" y,�� at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schartz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: 'A 1 1110 Qa jiMaj [al Hirly,1111111:M �1 Sincerely, L N44_�' Nick KoNyay Senior Planner Reply Form I am: in favor of D MWIed to neutral to 11 the request for ZC20 00 COMMENTS: j], ComprotjnLi i%.p njfj9q0zo r (glaq., (ng reqi up ! veri C _rgse_ will reduce the absorption of rain and increase the possib"li. offl iii ingd hill to our complex. NAME: Karen L. Sellin ---SIGNATURE �P_LEASEPRINT) ___ STREETADDRESS: 3600 Augusta Glade Schertz, Texas 78154 W-46 i #= 444 :i*I:HW it I - k L I " 9 MLIJAIR Q' , # U. XIC WO 'qw-r-MM-ft. MESA, T Lm. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, BtAlding #4, Schertz, Texas U consider and make recommendation on the following item: Sincerely, �) I &to-- --I � kLrt N i ck Kopiyay Senior Planner STREETADDRESS: DATE 1. It IMEM Dear Property Planning NOTICE OF PUBLIC HEARING PLANNING ITS" DEVELOPMENT The issl Id like to r how you fed about this e t and invites you to attend the public heaft, This form Is used to calculate the nt f landownels that suPpoft &d oppose the t. you may return the ly form below pdor to the first public hWng date ail or personal deliveiy Nick Koplyay, Planner, 1400 Schertz c 9 by fax - ailzltl�,t x� ,� `�� _.crY`,� If you have any questions s feel free to call Nick Kcplyay, Senior Planner at (1 619-1780. Sincerely, Nick Kcoyay Senior la Form I a: in favor of 0 a ed to 16 neutral to u t for I Ley A M LA PL I �` l -- (PLEASE PRINT) STREET ADDRESS: 3 . ��-\-. — DATE.- — Iq 9,40 , ,, pp'kvva� wrh-Ow Ten e 5 mat` ") f'u 'ff1 a m §« DeI5 a o From Karen Bellin <karen.bellin@hotmail.com> Sent: Thursday, May 6, 2021 10:30 AM To: Emily Delgado; Ridge at Carolina Crossing Subject: Re: Comments for City Council Meeting Tomorrow .mportance: High Follow Up Flag: Flag for follow up Flag Status: Flagged 3 M =.. Thank you for the information. I appreciate it. Yes, I2:# »£«2&:2® HOA's information to send it to Mr. <o play over-rode that other information, since they, specifically stated in their email right before the City Council meeting to «c¥ »<« Mr. Koplay. You stated you had access to his email; however, you did not respond that you received mar. m mentioned it, stating you received it just "now." I am asking the HOA through this email to send out another email, designating you as r»>+» nt of contact. Perhaps those who were out of town or otherwise receiving the information only two days before the meeting will have another chance to speak. FO»<><>»y<«><» 1 11 E z = <.d +: 6 "MITMA V It", " E = =-M= This guide provides a basic introduction to Hispanic spirituality, focusing on aspects important in hospital settings. It also advises hospital chaplains on how to meet the spiritual needs of Hispanic patients and their families with cultural sensitivity. www.karenbellinbooks.com From: Emily Delgado <EDelgado@schertz.com> Sent: Wednesday, May 5,202110:06 PM To:'Karen Bellin'<karen.bellin@hotmail.com>; Ridge at Carolina Crossing <RIDCAROL@CiraMaii.com> Subject: RE: Comments for City Council Meeting Tomorrow I apologies that there was a miscommunication in relation to the point • contact. However, please know that I have access to Nick's email and am checking it frequently for any public hearing responses that are emailed to him. Additionally, the public hearing notice that was mailed out did provide the Planning Division main email, Planning@�oertz.com. Any responses received after April 30th, will be included within the agenda packet for the May I 11h meeting, the final reading for the Heritage Oaks zone change. The May I 11h packet will be published on Friday, May 7 th. In other words, any responses received between April 30th and May 7 th will be included for City Council's review in their agenda packet for the May I 1th meeting. night during the presentation. I would be happy to answer any further question • discuss further. If there are any other property owners that would like to respond on the public hearing notice, please provide them my direct email address,,gd,�lgoo@ �Lk�n gna schertz.com 1�chertzxom and the Planning Division email, t 0 t i ► i+ i f i � 1 1+ i i?'. i . i i f +- i :.+. i ! t: `i �. ! . f = ; i a i /. i! i t I+; Y''M' �!' / ! tit t f fl'^ '► : { -„ F i,: • ' � 1 • � i � ► iii. : • t . I'" ♦ . ; t t � t t t ;Y '`.. t i « ♦' t \ Senior `'f t STREET ADDRESS: z }J...� COMMUWN OWN SCHERTZ I omnvmNffli its (PLEASE PRINT) STREET ADDRESS ley" 0 MaNATURE i4 .10 U 1400 ftheft PoftW Sctmft TOM 781 64 210.619.10M I'S Agenda No. 12. ei Olum City Council May 11, 2021 Meeting: Department: City Secretary Subject: Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -1.8 Declaration of Local Disaster. (M. Browne /K. Long /S. Hall) I � SI K" TIIOIL,I Staff will provide Council with an update regarding the COVID -19 Virus. Discussion will include the recent Executive Order 29 relating to the use of face coverings. Attachments Revised 20 -H -18 I I f ( i I i i ••i' i �, 1 1 WHEREAS, Texas must continue to protect lives while restoring livelihoods, both of which can be achieved with the expert advice of medical professionals and business leaders and the continued gradual reopening of Texas pursuant to GA- 18- GA-23 and subsequent *rders of the Governor; and WHEREAS, pursuant to the Texas Disaster Act of 1975, the Mayor is designated Emergency Management Director of the City of Schertz, and may exercise the powers granted by the governor on an appropriate local scale; and and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be impacted by COVID-1 9; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The recitals contained in the preamble hereof are hereby found to be true, and su'419 recitals are hereby made a part of this Ordinance for all purposes and are adopt as a part • the judgment and findings • the City Council. I Section 3. Pursuant to §418.108(c) of the Government Code, this declaration of a local staim of disaster and public health emergency shall be given prompt and general publici and shall be filed promptly with the City Secretary. I �ection 4. Pursuant to §418.108(d) of the Government Code, this declaration of a local stau of disaster and public health emergency activates the City of Schertz, Texas, emergency management plan. Section 5. All ordinances 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 herein except those portions deemed to conflict with any emergency orders of Governor Abbott. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of t State of Texas and the United States of America. I Section 7. If any provision of this Ordinance or the application thereof to any person circumstance shall be held to be invalid, the remainder of this Ordinance and application of such provision to other persons and circumstances shall neverthelle be valid, and the City Council hereby declares that this Ordinance would have be enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which thi.- 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 55 1, Texas Government Code, as amended. Section 9. Should Governor Abbott lift the statewide disaster declaration and orders now place prior to the date of expiration stated herein, this ordinance shall no longer subject to enforcement by the City and shall be repealed by the City Council at t first legally posted meeting thereafter. I Section 10. Any peace officer or other person with lawful authority is further authorized to enforce the provisions of this Ordinance or the orders of the Governor in accordance with the authority granted under the Texas Disaster Act of 1975, as applicable, which allows a fine not to exceed $1000.00 and confinement not tit: exceed 180 days pursuant to Government Code 418.173. Section 11. This Ordinance shall be in force and effect from its first and final passage, and publication required by law. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS THIS ORDINANCE WAS PASSED, ON FIRST AND FINAL READING, THE 23rd DAY OF JUNE 2020. ' 'B-r6jida Dennis, City Secretary ei IRIUM City Council Meeting: May 11, 2021 Department: City Secretary Agenda No. 14. Subject: Monthly update - on major projects in progress /CIP. (B. James /K. Woodlee) Attachments May 2021 Major Project Update Informational Only CITY COUNCIL MEMORANDUM City Council Meeting: May 11, 2021 Department: City Manager Subject: Update on Major Projects in Progress Background This is the monthly update on large capital projects that are in progress or in the planning process. This update is being provided so Council will be up to date on the progress of these large projects. If Council desires more information on any project or on projects not on this list, please reach out to staff and that information will be provided. Facilities Projects: 1. 27 Commercial Place Renovation o Project Status: Pre - Construction Phase o Estimated Construction Start: Summer 2021 o Cost of Construction: $1,372,794 o Project Update: GMP contract was finalized in April and routed for final signatures in early May. A preconstruction meeting is expected to take place in mid -May. Construction is expected to begin in early summer. Weekly project meetings continue with City Staff and the contractor. 2. Civic Center Kitchen Remodel o Project Status: Complete o Construction Start: October 2020 o Estimated Completion: March 2021 o Estimated Project Cost: $168,000 o Project Update: Both the Grand Ballroom and Blue Bonnet Kitchen renovations have been complete. Staff is continuing to work with the contractor to resolve some punchlist /warranty work. 3. Emergency Services Restroom Remodel Project o Project Status: Phase I and 2 are complete, Phase 3 is under construction o Construction Start: August 2020 o Estimated Completion: May 2021 o Cost of Construction (All Phases): $224,075 o Project Update: Fire Station 1, Phase 1, and Police Station, Phase 2, are complete. EMS Station 1 is Phase 3 of the project and is currently under construction. Phase 3 is scheduled to be completed in early May. 4. Animal Adoption Center HVAC Replacement Project o Project Status: Pre - Construction Phase o Estimated Construction Start: Summer 2021 o Estimated Cost of Construction: $700,000 o Project Update: This project is to complete a full HVAC system replacement in the Animal Adoption Center to resolve the long standing issues with the original HVAC installed at the facility. Through an RFQ process, Team Mechanical was selected as the most qualified design -build firm to complete the project. Staff has been working with Team Mechanical to finalize the scope and fee for the project. The contract award is expected to be taken to Council at the May 11 th Council meeting. 5. Fire Station #1 HVAC Replacement Project o Project Status: Pre - Construction Phase o Estimated Construction Start: May 2021 o Cost of Construction: $38,214.00 o Project Update: This project is to complete a direct replacement of the existing HVAC equipment at Fire Station #1. The project will also add a new mini -split system to address long standing comfort issues in the Battalion Chief quarters. Beyer Mechanical was awarded the project in late April and Staff is working to finalize the contract for the project. It is expected that the project will begin in May and take approximately one month to complete. 6. City Hall Lighting Retrofit Project o Project Status: Pre - Construction Phase o Project start: May 2021 o Estimated Completion: July 2021 o Estimated Project Cost: $9,100 o Project Update: This project is to replace all of the florescent light fixtures in Building 1 with new flat panel LED fixtures. The project is being completed by the City's Electrician and other internal Facilities Staff. Materials have been ordered and are expected to arrive in early May and the project will begin once materials arrive. This project is expected to take 2 months to complete. Drainage Proiects: 1. Castle Hills Channel, Colony Drive Channel, Osage Avenue Channel o Project Status: Under Construction o Start: November 2020 o Estimated Completion: May 2021 o Cost of Construction: $378,425.15 (NTE $416,267.68) o Project Update: C -3 Environmental has completed the Colony Drive Channel and the Castle Hills Channel. C -3 has installed all of the hydroturf on the Osage Avenue Channel and only a small amount of concrete rip rap remains to be placed. The project will then be hydromulched in order to re- establish vegetation. 2. Doerr Lane Channel o Project Status: Construction o Start: April 2021 o Estimated Completion: June 2021 o Cost of Construction: $36,000.00 o Project Update: C -3 Environmental began the project in late April by removing the existing vegetation and reshaping the channel. After the channel has been shaped, the hydroturf will be installed. 3. Savannah Pond, Westchester Channel, Arroyo Verde (2020 Silt Removal Projects) o Project Status: Contract Phase (Pending) o Consultant: Ford Engineering o Estimated Construction Start: Summer 2021 o Cost of Construction: $291,627.47 (NTE $320,000) o Project Update: Bids were received on Tuesday, April 20. The bids received were higher than the construction estimate. The anticipated award date has been postponed one week to ensure full construction funding. 4. Fire Station #2 Channel Improvements o Project Status: Construction Awarded o Consultant: Ford Engineering o Estimated Construction Start: May 2021 o Project Update: A preconstruction meeting with C3 Environmental Specialties will be held on May 11th with a Notice to Proceed anticipated on that date. Coordination with the fire station is ongoing. Water Projects: 1. FM 1103 Utility Relocation Project Phase I o Project Status: Closeout Phase o Construction Start: August 2019 o Construction Completion: Fall 2020 o Cost of Construction: $964,424.12 o Project Update: Project is complete. 2. FM 1103 Sewer Extension Project o Project Status: Construction Phase o Construction Start: May 2021 o Construction Completion: Summer 2021 o Cost of Construction: $74,235.00 (NTE: $81,659.00) o Project Update: City Council awarded the construction contract to M &C Fonseca Construction on April 6th. A pre - construction meeting was held on April 301h. Submittals are expected to begin being submitted in early May with construction beginning in mid - May. 3. E. Live Oak Pump Additions Project o Project Status: Closeout Phase o Construction Start: April 2020 o Construction Completion: Winter 2021 o Cost of Construction: $1,560,000 o Project Update: No change from last update. All of the project startup is complete. The contractor continues to work on providing closeout items and addressing the punchlist items. EnIlineerin11 Projects: 1. 2018 Street Preservation and Maintenance Reconstruction Project o Project Status: Substantially Complete o Construction Start: January 2020 o Construction Completion: Summer 2020 o Cost of Construction: $1,501,199 o Project Update: No real change from last report. The Schertz Parkway Concrete Pavement Repair project has been awarded to San Antonio Constructors (SAC). The pre - construction meeting is scheduled and SAC has preliminarily indicated they will get started towards the end of this month. Once the panels have been repaired, the pavement grinding will be 2. 2018 Street Preservation and Maintenance Rehabilitation Project o Project Status: Fully Complete o Construction Start: April 2020 o Construction Completion: Summer 2020 o Cost of Construction: $2,611,348 o Project Update: No change from the last update. The project is fully complete. 3. 2018 Street Preservation and Maintenance Resurfacing Project o Project Status: Under Construction o Construction Start: March 2020 o Construction Completion: Summer 2020 o Cost of Construction: $791,174.34 o Project Update: No change from last report. The first round of "enhanced sweeping" for the chip sealed areas has been completed. The sweeping did uncover some additional areas in some other cul -de -sacs where the chip seal has not adhered properly. The contractor will be required to repair these areas also before the rest of the remediation work is done. The second round of enhanced sweeping will be done in the near future. 4. Cibolo Valley Drive Expansion Project o Project Status: Under Construction o Construction Start: May 2020 o Construction Completion: Summer 2021 o Cost of Construction: $4,806,762 total ($1,300,000 City of Schertz Contribution) o Project Update: The curb and gutter and base layer has been completed on the east side of the street. Traffic signal poles have been installed and the electrical services for the traffic signals are almost complete. Most of the traffic signal wiring has also been installed. The contractor is fine- tuning the base to get ready for paving the east side of the street. With the recent rainy weather, the contractor is struggling to get the paving scheduled. The project is expected to be complete by the end of this month. 5. Cherry Tree Rehabilitation Project o Project Status: Bidding complete o Consultant: Ford Engineering o Project Start Date: November 2020 o Project Completion Date: December 2020 o Total Project Cost: $273,193.80 (NTE amount $300,600) o Project Update: The project is fully complete. 6. Elbel Road Storm Drain and Paving o Project Status: Design o Consultant: Ford Engineering o Project Start Date: August 2020 o Project Completion Date: Summer 2021 o Total Project Cost: $1,560,000 o Project Update: The construction plans, including the traffic signal at Westchester and Elbel are going through the final QA /QC process. The project is almost "shovel ready." 7. 2020 Street Preservation and Maintenance (Resurfacing) Project o Project Status: Design o Consultant: Kimley -Horn & Associates o Project Update: Kimley -Horn is working on finishing up the "slurry seal" plans /bid package portion of the project. This is their first priority to get complete. The package includes the slurry seal for the Estates at Wilson's Preserve. We anticipate this portion going out to bid at the end of this month. The rehabilitation and fog seal plans will be finished next. The fog seal plans will address the other chip sealed areas done last year. The Lindbergh Reconstruction Project design will be the last item completed in Kimley - Horn's scope of work. A detailed schedule has not been developed for the Lindbergh portion yet because the focus is on getting the other elements finished first. 8. Tri- County Parkway Reconstruction Project o Project Status: Design o Consultant: Halff Associates o Project Update: The initial public outreach video /virtual meeting presentation has been published. EDC is hosting the webpage containing the information and a sign up form. We have a link to this page on the City's website. EDC is also doing a mailing and door to door contact effort to inform the businesses about the project and to direct them to the EDC page. Halff Associates are incorporating our plan comments into the 90% plans. As the design has progressed, we have identified several utility conflicts. Meeting have been held with the affected utility companies and project information has been provided. The utility companies are going through their internal design processes to develop plans to relocate their facilities out of the way of the project and create work schedules. As this information is provided to us, we will adjust the anticipated construction schedule for the project accordingly. The goal is to have the utilities relocated before construction begins on the project. Project construction will need to be delayed in order to allow this to happen. We just don't know by how much it will be delayed yet. We still anticipate construction starting this summer. 9. Corbett Elevated Water Storage Tank o Project Status: Closeout Phase o Construction Start: March 2019 . o Construction Completion: Fall 2020 o Cost of Construction: $4,682,000.00 o Project Update: No change from last update. The tank continues to operate on the system as designed. The contractor has completed the punch list items. Project closeout is ongoing. 1.0. Woman Hollering Creek Wastewater Interceptor Main and Lift Station o Project Status: Design - Bid Preparation o Consultant: Cobb, Fendley & Associates, Inc. o Estimated Construction Start: Early Summer 2021 o Estimated Cost of Construction: $12 million o Project Update: City Staff is working with consultant (CobbFendley) to finalize bid documents. The project is expected to be advertised for bid within the month. It. Pedestrian Routes and Bike Lanes Project o Project Status: Under Construction o Construction Start: Spring 2021 o Construction Management: AGICM o Estimated Cost of Construction: $1.3 million o Project Update: The recent rains have caused some construction delays in the project. The contractor has completed about 60% of the crushed granite placement for the new pathway. Excavation for the new curb and gutter and sidewalk on the south side of Live Oak has been completed to the apartments near FM 3009. Some of the new asphalt base for the curb and gutter has also been placed. With the weather cooperating, the contractor can finish the asphalt base placement and start pouring the curb and gutter and sidewalk. The concrete pours are expected to take four days to fully complete. During the pours, we will have to reduce traffic to one lane (westbound only) between 9:00 am to 5:00 pm. We will be doing advance notification for this traffic control set up before it happens. We will use changeable message boards and social media to help get the word out before traffic is restricted on Live Oak for the concrete pours. 12. Water and Wastewater Master Plan Update and Impact Fee Study o Project Status: Study o Consultant: Lockwood, Andrews, and Newnam, Inc. o Project Start Date: December 2019 o Project Completion Date: TBD 2021 o Total Project Cost: $467,280 (NTE $500,000) o Project Update: No change from April update. Consultant is finalizing the existing system evaluation technical memorandums. Staff met with LAN in early March to review drafts of the reports. Consultant is making identified corrections. Completion of the future conditions evaluation is underway and the Master Plan report is expected to be submitted in April or May. The Impact Fee update of this project will follow that and the schedule will be set by how well the statutorily required meetings with various groups can be coordinated with Board, Committee, and Council meeting. 13. 16" Dedicated Transmission Main Phase 11 Overall project intent is the construction of a 16" dedicated water transmission main to connect the Live Oak water storage facility to the IH 35 storage tank. Phase 1 (route study, land acquisition coordination) was completed in March 2021. o Project Status: Preliminary Design o Consultant: Kimley -Horn & Associates o Project Start Date: Spring 2021 o Project Completion Date: Winter 2022 o Project Cost (Phase 2 Design): Proposal being completed for review o Project Update: No change from last council update. A proposal is being completed which includes: Phase 1 Environmental Site Assessments, Land Acquisition Coordination, Permitting, Geotechnical Investigation, Subsurface utility Engineering, Survey, and Design. 14. Stormwater Control Inventory and City Operations Assessment The work of this project is an action included in the City's Stormwater Management Plan (Plan). The Plan is the blueprint of activities needed to comply with the City's Texas Commission on Environmental Quality (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) General Permit required by virtue of the City's classification as Municipal Separate Storm Sewer System (MS4). This project specifically consists of development of an inventory of City facility stormwater controls and an assessment of city operations as related to stormwater control and quality. o Project Status: Study o Consultant: Utility Engineering Group, PLLC o Project Start Date: July 2020 o Project Completion Date: Spring 2021 o Total Project Cost: $35,000 o Project Update: No change from last update. Consultant and City staff have visited most of the City sites proposed for visits. Consultant is working on compiling information and will be scheduling visits to facilities with the appropriate staff for the higher priority facilities to discuss operations. 15. Riata Lift Station Relocation (Design Phase) Overall project intent is to relocate the Riata Lift Station ahead of TxDOT's IH -35 NEX Project to remove it from conflict with the proposed improvements. The design phase will identify a new site for the lift station, design the new lift station, and design the abandonment of the existing lift station. o Project Status: Design Phase o Consultant: Utility Engineering Group, PLLC (UEG) o Project Start Date: August 2020 o Expected Project Completion Date: Spring 2021 o Total Project Cost: $129,795 (NTE $143,000) o Project Update: City staff is completing review of the 90% design submitted by UEG. 16. Aviation Heights Water Main Construction — Phases 5, 6, and 7 (Bid Phase) Overall project intent is the construction of an 8" water main within the Aviation Heights area along Aero Avenue, Brooks Avenue, Winburn Avenue, Mitchell Avenue, and Aviation Avenue. o Project Status: Bid Phase o Consultant: Ford Engineering o Project Start Date: Summer 2021 o Expected Project Completion Date: Fall 2022 o Total Project Cost: $1,814,105.20 (NTE $2,000,000) o Project Update: No change from last council update. Bidding schedule is pending. 17. Crest Oak Wastewater Upsize Overall project intent is to upsize the existing 10" sewer main which extends approximately 2,600 linear feet north of Crest Oak. o Project Status: Scoping phase o Consultant: Kimley -Horn & Associates o Project Start Date: Summer 2021 o Expected Project Completion Date: Fall 2021 o Total Project Cost: Proposal being completed for review o Project Update: Consultant and City staff have performed a site visit of the existing sewer to be upsized. Consultant is working on preparing a proposal for engineering and design. The City is evaluating a segment of sewer main between Circle Oak and Crest Oak to be CCMA responsibility for upgrades and a meeting with CCMA is scheduled for May Stn 18. Corbett Ground Storage Tank Overall project intent is the construction of a 3.0 Million Gallon ground storage tank for filling the Corbett Elevated Storage Tank, the East Live Oak Elevated Storage Tank, plus additional storage. o Project Status: Scoping phase o Consultant: Ford Engineering o Project Start Date: Summer 2021 o Expected Project Completion Date: Summer 2022 o Total Project Cost: Proposal being completed for review o Project Update: No change from last council update. City staff and the Consultant met to discuss project specifics including pump station requirements, generator preferences, interconnection commitments, and the permitting process. TxDOT Roadway Projects: 1. FM 1103 Improvement Project: No change from April update. Utility relocations are wrapping up. The current let date for a construction contract is July 2021. 2. FM 1518 Improvement Project: TxDOT is in the Plans, Specs, and Estimates (PS &E) stage of the project. At this time, a consultant for TxDOT has prepared 60% construction plans. TxDOT continues acquiring property needed as right of way for the expansion project. As parcels are acquired, TxDOT contractors are physically clearing the right of way in preparation for final surveying and design. TxDOT has not yet acquired parcels needed from JBSA- Randolph. That process is proceeding, however slowly. Because of delays with that acquisition and increased costs, the project may be split into segments. Staff has been meeting with TxDOT regarding plans to address the budget shortfall. With Bexar County's support (including funding and identification as a number one priority project) TxDOT will be submit the remaining funding need to AAMPO during this season's call for projects. It is not currently anticipated that the City of Schertz will be requested to contribute additional funding however, if that becomes a need, staff will bring a proposal to Council for consideration at a future meeting. At least a portion of the project is still currently scheduled for letting in September 2022; construction may begin as early as January 2023. A design contract has been awarded to Halff Associates for the relocation of water and sewer lines along the newly acquired ROW. That will be updated as a separate project on subsequent memos. 3. I -35 Operational Improvements Project (FM 2252 to Schwab Road): No change from April update. Contractor continues work on retaining walls, grading of ditches and swales, placing electrical components, repair of frontage road failures, and placement of new curb, sidewalk, and riprap. Estimated final cost of the project is $25.5 million. The current schedule includes an expectation of substantial completion in Summer 2021. 4. I -35 NEX (I -410 South to FM 1103): A full description of the project to expand I -35 from 1410 South to FM 1103 can be found by searching keywords "1-35 from I -410" at TxDOT.gov. Schematic exhibits of the proposed improvements are available on that website. Public Works and Engineering staff are participating in utility coordination meetings with TxDOT and its contractors regarding relocations that may need to take place in advance of or in conjunction with the roadway construction. Construction is expected to begin in spring 2021 and take 4 to 5 years to complete. The portion of the I -35 NEX project from the Cibolo Creek to its termination at FM 1103 has a cost of $621 million. TxDOT is acquiring needed right of way and carrying out demolition activities as property is acquired. One parcel of right of way being acquired impacts the detention pond that was constructed with development of the Riata Subdivision. The physical pond will need to be modified to remove its encroachment into the proposed right of way. Because this is a drainage facility within a City easement, the City is responsible for the modification however, TxDOT will provide funding for that work via reimbursement. 5. IH -10 Graytown Road to Guadalupe County Line: No change from April update. Construction of this $157 million project to expand IH 10 underway. Traffic controls have been placed and work has begun on the transition of the access roads from two -way to one -way. Grading for the widening of the main lanes has also begun. The construction timeline for the project is 53 months. Planning and Community Development Projects: 1. CityView Permitting and Development Software City Staff has continued to meet with CityView since the last update to discuss the final project scope document and items associated with the configuration. The data collections for all City View Modules is complete and has been submitted to CityView for configuration. The Code Enforcement Module has been configured and City Staff has been validating (verify configuration) of the module. CityView and City Staff will be met on Thursday, April 29, 2021 to discuss changes to the final scope document. Once the scope document has been approved by all parties and executed CityView will start the configuration of all the software components. When the configuration is complete by CityView and the software is validated (tested) by City Staff, we move to end user staff training and then go live. A proposed timeline to go -live with the software will be determined once configuration and validation of modules have been completed. o Total Project Cost: $523,766.00 o Project Start Date: June 2018 o Project Completion Date: TBD - 2021 City Council Meeting: Department: Subject: ei Olum May 1.1, 2021. Finance Quarterly Financial Reports. Agenda No. 15. Quarterly, Staff will submit to council unaudited financial reports as an update on the City's fiscal and budget performance. Some payments that must be recorded in this quarter can occur months after the close of the period. In those cases, staff attempts to estimate the value based on prior year's fiscal performance and current year trends. The Comprehensive Annual Financial Report to be published after the fiscal year end will include actual revenue and expenses for the accounts estimated in the quarterly financial reports. Attachments 2nd Qtr Financial Reports Quarterly t t c Texas CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) ASO :NAAR H 31 021 2020 - 2021 32,100.00 CURRENT CURRENT Y-T -D BUDGET Y I',- AC'rUAL ENCUMBR BI.?DGET BALANCE 50% OF BUDGET General Fund, 101 Total Expenditures 32,100.00 12,152.60 0.00 Total Revenues 37,474,811.00 24,316,876.95 0.00 13,157,934.05 64.89% Total General Government 7,037,119.00 3,305,41160 539,767.96 3,191,937.44 54.64% Total Public Safety 17,430,954.37 8,821,494.47 323,512.51 8,285,947.39 52.46% Total Public Environment 1,649,740.00 666,114.24 1 56,135.37 927,490.39 43.78% Total Parks & Recreation 2,682,141.00 990,747.19 166,711.46 1,524,682.35 43.15% Total Cultural 1,064,255.00 531,070.35 7,183.47 526,001.18 50.58% Total Internal Services 7,228,255.61 3,076,225.91 610,916.89 3,541,112.81 51.01% Total Misc & Projects 934,292.00 702,698.42 84,669.50 146,924.08 84.27% Total Expenditures 38,026,756.98 18,093,604.18 1,788,897.16 18,144,255.64 52.29% Revenue Over(Under) Expenditures 1 (551,945.98) 6,223,272.77 (1,788,897.16) (4,986,321.59) General Fund, 101 Total Cash in Bank & Investments 1 1 21,438,832.91 Special Events Fund, 106 Total Revenues 32,100.00 34,684.19 0.00 (2,584A9) 108.05% Total Expenditures 32,100.00 12,152.60 0.00 19,947.40 37.86% Revenue Over(Under) Expenditures 0.00 22,531.59 0.00 (22,531 .59) Special Events Fund, 106 Total Cash in Bank & Investments 133,972.55 Peg Fund, 110 Total Revenues 185,500.00 43,256.76 0.00 142,243.24 23.32% Total Expenditures 185,500.00 0.00 0.00 185,500.00 0.00% 1 Revenue Over(Under) Expenditures 0.00 43,256.76 0.00 (43,256.76) Peg Fund, 110 Total Cash in Bank & Investments 11 910,964.79 11 11 11 Water & Sewer, 202 Total Revenues 25,504,368.00 12,509,678.46 0.00 12,994,689.54 49.05% Total Expenditures 24,826,603.00 13,948,965.35 302,517.64 10,575,120.01 57.40% Revenue Over(Under) Expenditures 677,765.00 (1,439,266.;39) (302,517.64) 2,419,569.53 Water & Sewer, 202 Total Cash in Bank & Investments 1 1 6,474,928.58 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDffED) Quarterly Statement AS OF MARCH 31 2021 Schertz, Texas 2020-2021 CURRENT CURRENT Y-T-D BUDGET 50% OF BUDGET Y,-"r,,D AC TUAL ENCUMBR BALANCE BUDGET EMS, 203 Total Revenues 9,785,424.51 5,008,282.59 0.00 4,777,141.92 51.18% Total Expenditures 10,001,991.01 4,935,455.75 476,583.47 4,589,95119 54.11% Revenue Over(Under) Expenditures (216,566.50) 72,826.84 (476,583,47) 187,190.13 EMS, 203 Total Cash in Bank & Investments 1,184,983.70 Drainage, 204 Total Revenues 1,462,793.00 580,219.47 0.00 882,573.53 39.67% Total Expenditures 1,497,913.00 908,028.52 135,753.78 454,130.70 69.68% Revenue Over(Under) Expenditures (35,120,00) (327,809,05) (135,753.78) 428,442.83 Drainage, 204 Total Cash in Bank & Investments 500,526.49 11111sEllill Hotel Tax, 314 Total Revenues 540,750.00 137,587.58 0.00 403,162.42 25.44% Total Expenditures 253,930.00 197,041.76 30,396.85 26,491.39 89.57% Revenue Over(Under) Expenditures -Hotel 286,820.00 (59,454,18) (30,396.85) 376,671.03 Tax, 314 Total Cash in Bank & Investments 2,025,484.31 Park, 317 Total Revenues 125,000.00 198.91 0.00 124,801 .09 0.16% Total Expenditures 125,000.00 0.00 810.70 124,189.30 0.65% Revenue Over(Under) Expenditures 0.00 198.91 (810,70) 611.79 Park, 317 Total Cash in Bank & Investments 292,434.36 Tree Mitigation, 319 Total Revenues 74,500.00 219,393.02 0.00 (144,893,02) 294.49% Total Expenditures 70,000.00 5,625.00 0.00 64,375.00 8.04% Revenue Over(Under) Expenditures 4,500.00 213,768.02 0.00 (209,268,02) Tree Mitigation, 319 Total Cash in Bank & Investments 676,995.64 Capital Recovery Water, 411 Total Revenues 1,1 2,000.00 744,118.17 0.00 427,881.83 63.49% Total Expenditures 206,000.00 35,414.11 92,802.17 77,783.72 62.24% lRevenue Over(Under) Expenditures 966,000.00 708,704.06 (92,802, 17) 350,098.11 lCapital Recovery Water. 411 Total Cash in Bank & Investments 8.434.468.92 Quarterly Statement Schertz, Texas CITY OF S(,,,HERTZ REVENUE AND EXPENSE REPOR T LirgA sM TED) S OF A11ARCH 31 2021 2020-2021 x 6,866,724.90 CURRENT BUDGET CURRENT Y -T -D BUDGET Y€ I',..i.;3 AC'rUAL ENCUMBR BALANCE 50% OF BUDGET Capital Recovery Sewer, 421 7,094,861.00 5,824,662.41 0.00 1,270,198.59 Total Revenues 672,000.00 389,625.91 0.00 282,374.09 57.98% Total Expenditures 208,000.00 41,632.14 118,123.02 48,244.84 76.81% Revenue Over(Under) Expenditures 464,000.00 347,993.77 (113,123.02) 234,129.25 Capital Recovery Sewer, 421 Total Cash in Bank & Investments 7,693,827.83 NEE Total Revenues 1 &S, 505 Total Revenues 7,095,821.00 6,866,724.90 0.00 229,096.10 96.77% Total Expenditures 7,094,861.00 5,824,662.41 0.00 1,270,198.59 82.10% Revenue Over(Under) Expenditures 960.00 1 1,042,062.49 0.00 (1,041,102.49) 1 &S, 505 Total Cash in Bank & Investments 1,827,980.88 EM SED Corporation, 620 NEE Total Revenues 8,144,799.00 2,498,960.70 0.00 5,645,838.30 30.68% Total Expenditures 8,144,799.00 461,917.81 207.12 7,682,674.07 5.67% Revenue Over(Under) Expenditures 0.00 2,037,042.89 (207A2) (2,036,335.77) SED Corporation. 620 Total Cash in Bank & Investments 1 22.282.779.20 Total Cash in Bank & Investments 1 1 73,878,180.16 101 GENERAL FUND REVENUES REVENUE SUMMARY Taxes Franchises Permits Licenses Fees Fines Inter-Jurisdictional Fund Transfers Miscellaneous CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT Y -T -D BUDGET % OF BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET 25,198,550.00 8,707,351.92 18,579,689.68 19,270,634.45 - 5,927,915.55 76.48 2,334,000.00 512,129.97 1,047,795.85 1,060,358.57 - 1,273,641.43 45.43 1,767,250.00 543,680.17 861,551.27 953,680.59 - 813,569.41 53.96 56,860.00 14,105.00 28,787.00 25,375.00 - 31,485.00 44.63 2,338,234.00 486,264.56 1,147,337.79 938,109.90 - 1,400,124.10 40.12 11,000.00 1,756.52 5,652.27 2,965.50 - 8,034.50 26.96 1,066,925.00 160,891.15 445,486.89 284,646.63 - 782,278.37 26.68 4,069,892.00 633,995.34 1,351,970.52 1,425,390.62 - 2,644,501.38 35.02 632,100.00 250,454.91 510,823.62 355,715.69 - 276,384.31 56.28 EXPENDITURE SUMMARY GENERAL GOVERNMENT CITY COUNCIL Personnel Services 37,633.00 8,598.12 20,082.23 18,795.19 14.40 18,823.41 49.98 Supplies 750.00 - 312.30 139.40 - 610.60 18.59 City Support Services 59,705.00 957.32 36,642.90 37,956.17 313.90 21,434.93 64.10 Operations Support 300.00 62.00 174.12 85.50 - 214.50 28.50 Staff Support 28,600.00 4,120.38 23,709.52 13,383.93 745.00 14,471.07 49.40 Professional Services 6,000.00 - - - - 6,000.00 0.00 Operating Equipment 2,000.00 - - - - 2,000.00 0.00 TOTAL CITY COUNCIL 134,988.00 13,737.82 80,921.07 70,360.19 1,073.30 63;554.51 52.92°% CITY MANAGER Personnel Services 1,246,309.00 269,905.19 543,321.56 584,049.78 - 662,259.22 46.86 Supplies 2,000.00 436.01 611.08 551.82 31.00 1,417.18 29.14 City Support Services 4,800.00 - 3,767.25 - - 4,800.00 - Operations Support 50.00 - - - - 50.00 - Staff Support 24,775.00 818.89 7,947.91 2,963.89 354.75 21,456.36 13.40 Operating Equipment 1,200.00 - - 1,200.00 - - 100.00 TOTAL CITY MANAGER 1,279,134.00 271,160.09 555,647.80 588,765.49 385.75 689,982.76 46.06% MUNICIPAL COURT Personnel Services 283,625.00 65,693.01 133,792.24 146,693.15 - 136,931.85 51.72 Supplies 1,500.00 60.00 699.93 484.89 - 1,015.11 32.33 City Support Services 500.00 - 180.40 123.86 - 376.14 24.77 Operations Support 2,000.00 246.00 - 246.00 31.00 1,723.00 13.85 Staff Support 6,910.00 563.44 1,352.51 638.33 300.00 5,971.67 13.58 Court Support 1,080.00 - 186.00 - - 1,080.00 0.00 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 PUBLIC AFFAIRS CURRENT CURRENT Y -T -D BUDGET % OF 101 GENERAL FUND BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Professional Services 69,850.00 8,605.00 27,075.00 17,737.50 34,462.50 17,650.00 74.73 Maintenance Services 3,000.00 300.00 900.00 850.00 1,400.00 750.00 75.00 TOTAL MUNICIPAL COURT 368,465.00 75,467.45 164,186.08 166,773.73 36,193.50 165,497.77 55.08% CUSTOMER RELATIONS -311 Personnel Services 113,239.00 26,107.92 53,16136 56,997.88 - 56,241.12 50.33 Supplies 100.00 20.86 74.72 33.33 - 66.67 33.33 Staff Support 530.00 96.90 717.43 163.84 - 366.16 30.91 TOTAL CUSTOMER RELATIONS -311 113,869.00 26,225.68 53,955.51 57,195.05 - 56;67195 50.23 %` PLANNING & ZONING Personnel Services 264,117.00 53,051.67 79,081.49 107,617.50 - 156,499.50 40.75 Supplies 1,87100 158.46 158.54 296.75 8.00 1,568.25 16.27 Operations Support 186.00 43.00 50.00 50.60 52.00 83.40 55.16 Staff Support 29,548.00 405.00 7,722.70 1,037.00 - 28,511.00 3.51 Professional Services 400,100.00 - 21.00 5.00 - 400,095.00 - Operating Equipment 6,401.00 - 317.95 6,075.83 - 325.17 94.92 TOTAL PLANNING &'ZONING 702,225.00 53,658.13 87,351.68 1115,082.68 60.00 587,082.32 ' 16.40 %` LEGAL SERVICES Operations Support 10,000.00 550.75 777.30 2,807.66 379.50 6,812.84 31.87 Professional Services 140,000.00 23,49426 36,582.41 40,475.31 - 99,524.69 28.91 TOTAL LEGAL SERVICES 150,000.00 24,045.01 37,359.71 43,282.97 379.50 106,337.53 29.11% CITY SECRETARY Personnel Services 192,155.00 39,999.98 93,961.22 92,546.93 - 99,608.07 48.16 Supplies 1,150.00 256.33 468.80 665.98 35.60 448.42 61.01 City Support Services 10,000.00 2,816.06 3,283.95 2,816.06 - 7,183.94 28.16 Operations Support 150.00 43.00 - 43.00 - 107.00 28.67 Staff Support 4,350.00 367.43 3,036.47 1,349.83 448.00 2,552.17 41.33 Operating Equipment 1,035.00 - - - - 1,035.00 - TOTAL CITY SECRETARY 208,840.00 43,482.80 100,750.44 97,421.80 483.60 110,934.60 '' 46.88 %' NON - DEPARTMENTAL City Support Services 755,684.00 71,119.52 371,067.98 393,735.94 111,509.90 250,438.16 66.86 Operations Support 143,000.00 28,742.80 69,682.89 67,087.42 105.75 75,806.83 46.99 Staff Support 200.00 - - - - 200.00 - City Assistance 1,557,048.00 721,924.33 653,442.40 908,686.50 342,524.34 305,837.16 80.36 Professional Services 53,535.00 28,998.47 27,539.98 54,029.00 - (494.00) 100.92 Fund Chrgs /Transfrs -Spec Events Fnd 27,979.00 (1,516.65) - (1,516.65) - 29,495.65 5.42 Capital Outlay 0.00 7,450.00 - 7,450.00 - (7,450.00) - TOTAL NON - DEPARTMENTAL 2,537,446.00 856,718.47 1,121,733.25 1,429,472.21 454,139.99 653,833.80 74.23% PUBLIC AFFAIRS CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 PUBLIC SAFETY CURRENT CURRENT 2,378,15532 2,867,625.58 Y -T -D BUDGET % OF 101 GENERAL FUND BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Personnel Services 302,583.00 70,590.07 145,250.82 153,773.67 - 148,809.33 50.82 Supplies 1,700.00 95.00 383.98 515.61 437.63 746.76 56.07 Operations Support 46,603.00 3,514.72 9,069.03 4,263.85 8,019.05 34,320.10 26.36 Staff Support 11,140.00 238.93 2,782.33 274.57 448.49 10,416.94 6.49 Professional Services 267,000.00 98,695.74 122,026.01 143,391.50 916.00 122,692.50 54.05 TOTAL PUBLIC AFFAIRS 629,026.00 173,134.46 280,502.66 302,219.20 9,821.17 316,985.63 49.61% ENGINEERING 81,100.00 8,828.78 4,04181 9,507.33 1,474.83 70,117.84 13.54 Personnel Services 808,237.00 198,184.40 300,769.01 404,261.47 - 403,975.53 50.02 Supplies 2,350.00 19.65 515.50 119.95 4.15 2,225.90 5.28 City Support Services 500.00 - - - - 500.00 - Utility Services 4,350.00 1,19034 2,600.48 2,225.74 - 2,124.26 51.17 Operations Support 100.00 9100 - 93.00 - 7.00 93.00 Staff Support 18,704.00 1,342.51 1,95162 1,900.33 - 16,803.67 10.16 Professional Services 75,000.00 - 12,280.00 - 37,227.00 37,773.00 49.64 Operating Equipment 3,885.00 456.18 54.98 26,239.79 - (22,354.79) 675.41 PUBLIC SAFETY 5,261,519.00 1,299,779.46 2,378,15532 2,867,625.58 - 2,393,893.42 54.50 Supplies POLICE 2,879.88 5,622.79 3,396.07 377.45 20,191.48 15.75 Utility Services 76,600.00 Personnel Services 8,612,069.00 2,103,305.17 3,723,682.75 4,503,157.40 - 4,108,911.60 52.29 Supplies 110,876.44 25,436.45 31,483.70 31,147.14 3,428.80 76,300.50 31.18 City Support Services 26,000.00 401.55 25,400.62 32,421.79 - (6,421.79) 124.70 Utility Services 201,800.00 32,820.64 39,660.76 58,871.06 - 142,928.94 29.17 Operations Support 18,685.00 1,571.00 3,493.00 2,309.00 230.00 16,146.00 13.59 Staff Support 202,597.83 35,486.59 51,563.01 57,255.00 11,526.25 133,816.58 33.95 City Assistance 81,100.00 8,828.78 4,04181 9,507.33 1,474.83 70,117.84 13.54 Professional Services 84,583.00 7,933.97 18,624.06 29,251.27 - 55,331.73 34.58 Maintenance Services 90,705.00 14,573.00 17,350.73 21,161.99 - 69,543.01 23.33 Operating Equipment 224,219.60 32,744.90 154,018.12 84,874.28 59,979.82 79,365.50 64.60 Capital Outlay 546,319.50 263,196.66 221,828.83 295,016.63 5,410.00 245,892.87 54.99 TOTAL POLICE 10,198,955.37 2,526,298.71 4,335,693.39 5,124,972.89 82,049.70 4,991,932.78 51.05% FIRE RESCUE Personnel Services 5,261,519.00 1,299,779.46 2,378,15532 2,867,625.58 - 2,393,893.42 54.50 Supplies 23,965.00 2,879.88 5,622.79 3,396.07 377.45 20,191.48 15.75 Utility Services 76,600.00 18,911.44 37,724.21 33,017.96 - 43,582.04 43.10 Operations Support 2,150.00 - 334.93 157.73 - 1,992.27 7.34 Staff Support 197,100.00 5,957.67 110,673.87 15,846.09 89,039.96 92,213.95 53.21 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 PUBLIC ENVIRONMENT CURRENT CURRENT Y -T -D BUDGET % OF 101 GENERAL FUND BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET City Assistance 23,000.00 3,725.66 7,926.01 4,603.75 - 18,396.25 20.02 Professional Services 85,502.00 7,251.00 29,511.00 21,353.43 42,743.38 21,405.19 74.97 Maintenance Services 90,562.00 15,976.38 10,194.35 33,283.02 1,704.00 55,574.98 38.63 Rental /Leasing 13,500.00 - 6,742.44 - - 13,500.00 - Operating Equipment 148,955.00 21,519.68 52,373.25 41,686.19 14,582.81 92,686.00 37.78 Capital Outlay 291,000.00 158,691.82 101,548.43 186,265.13 50,073.33 54,661.54 81.22 TOTAL FIRE RESCUE 6,213,853.00 1,534,692.99 2,740,806.60 3,21!2,313.36 199,531.33 2,802,00831 54.91% INSPECTIONS 9,800.00 24,110.56 - 25,170.20 7,400.00 (22,770.20) 332.35 Personnel Services 891,759.00 198,049.20 413,567.87 433,880.62 - 457,878.38 48.65 Supplies 5,076.00 444.83 635.03 645.93 - 4,430.07 12.73 Utility Services 8,400.00 1,087.73 2,037.23 2,125.44 - 6,274.56 25.30 Operations Support 1,000.00 62.00 - 62.00 52.00 886.00 11.40 Staff Support 41,261.00 1,600.21 10,153.29 2,075.73 916.98 38,268.29 7.25 Professional Services 70,000.00 2,637.50 7,575.00 18,037.50 40,962.50 11,000.00 84.29 Operating Equipment 650.00 - - - - 650.00 - PUBLIC ENVIRONMENT PARKS DEPARTMENT STREETS Personnel Services 714,711.00 Personnel Services 933,855.00 173,773.62 376,901.43 394,817.81 - 539,037.19 42.28 Supplies 117,950.00 19,172.22 63,913.54 47,437.41 22,952.12 47,560.47 59.68 Utility Services 176,000.00 43,953.32 73,093.68 75,673.69 1,351.83 98,974.48 43.76 Staff Support 21,120.00 6,128.15 10,585.02 8,287.34 216.42 12,616.24 40.26 Professional Services 18,000.00 11,540.00 - 12,070.00 - 5,930.00 67.06 Maintenance Services 334,992.00 12,887.50 68,790.50 69,668.00 22,940.00 242,384.00 27.64 Rental /Lease 6,000.00 1,366.79 1,900.00 1,366.79 1,275.00 3,358.21 44.03 Operating Equipment 9,800.00 24,110.56 - 25,170.20 7,400.00 (22,770.20) 332.35 Capital Outlay 32,023.00 31,623.00 - 31,623.00 - 400.00 98.75 PARKS & RECREATION PARKS DEPARTMENT Personnel Services 714,711.00 147,170.65 283,746.53 301,977.05 - 412,733.95 42.25 Supplies 99,350.00 33,61165 25,207.11 59,417.99 21,102.98 18,829.03 81.05 City Support Services 111,316.00 22,135.19 38,329.54 72,670.18 10,530.27 28,115.55 74.74 Utility Services 246,000.00 64,646.23 97,239.74 99,972.10 - 146,027.90 40.64 Operations Support 2,000.00 - - 122.92 - 1,877.08 6.15 Staff Support 19,670.00 2,804.99 9,644.09 5,195.34 1,165.02 13,309.64 32.34 CITY QF8CMERTZ REVENUE AND EXPENSE REPORT (]NAUDITED) AS OF: March 31, 2021 CULTURAL. CURRENT CURRENT 'T-o BUDGET % 101GENERALFUND BUDGET QUARTER PRIOR YEAR Yq-D Y-T-D ACTUAL cwouMsnxwcE BALANCE BUDGET Professional Services 120.271�00 3.000.00 32.401.92 30.274.30 10.832.00 73.164.70 39.17 Maintenance Services 84.000.00 909.19 12.070.07 54.501.80 13.412.00 16.086.11 80.85 Rental/Leasing 10.000.00 83027 7.202.80 2.870.19 830.00 0.290.81 37.09 Operating Equipment 65.000.00 1.858.74 20.083.50 4.445.00 8.750.00 51.805.00 2030 Capital Outlay 246.898.00 33.828.00 10.62413 30.189.82 00.168.13 117.540.05 52.30 TOTAL PARKS DEPARTMENT 1,719,216.00 310,854.91 554,619.39 670,645.69 162,790.49 885,779.82 48.48% SWIM POOL 13614500 45306.03 7614303 820086 486321 48474.93 64.39 Supplies 25.500.00 5.536.26 4.045.00 5.558.62 - 19.941.38 21.80 Utility Services 16.500.00 5.019.26 7.189.02 7.40728 - 8.09272 44.89 Maintenance Services 527.878.00 102.542.32 137.564.54 184.132.30 1.973.08 341.772.02 3520 TOTAL SWIM POOL 569,878.00 113,09784 148,799.16 197,098.20 1,973.08 370,806.72 34.93% EVENT FACILITIES 850.808.00 183.127.24 325.003.42 398.390.12 - 457.411.88 46.01 Personnel Services 277.964.00 45.162.23 134.590.81 96.311.03 75.20 181.577.77 34.68 Supplies 5.400.00 338.67 2.518.18 1.418.60 383.71 3.597.09 33.38 Utility Services 48.400.00 9.283.87 14.361.12 13.800.83 - 34.598.17 28.51 Operations Support 20.343.00 7.074.66 1.332.36 8.883.30 - 11.459.70 43.07 Staff Support 4.925.00 303.99 2.373.20 495.55 51.98 4.37747 11.12 Maintenance Services 13.000.00 1.080D0 5.225.00 1.080.00 - 11.920.00 8.31 Operating Equipment 23.015.00 287.99 (4.355.31) 1.013.99 1.437.00 20.504.01 10.65 CULTURAL. LIBRARY Personnel Services 834.575.00 182.996.92 400.55421 422.192.83 - 412.38217 50.59 Supplies 13.855.00 1.085.72 4.812.69 5.91277 94526 0.990.97 49.50 Utility Services 65.500.00 10.045�82 26.772.20 15.972.51 - 49.527.49 24.38 Operations Support 3.000.00 371.96 3.342.38 959.94 - 2.640.06 26.07 Staff Support 8.280.00 1.340.30 7.087.80 1.069.48 1.275.00 5.335.52 35.58 Professional Services 2.300.00 ' 1.98410 1.055.96 - 844.04 72.00 Operating Equipment 13614500 45306.03 7614303 820086 486321 48474.93 64.39 TOTAL LIBRARY 11,064,25500 251,746.75 520,706.47 531,070.35 7,183.47 526,001.18 50.580/, TOTAL CULTURAL 1,064,255.00 251,746.75 520,706A7 531,070.35 7,183.47 526,001.18 50.580/, INTERNAL SERVICE INFORMATION TECHNOLOGY Personnel Services 850.808.00 183.127.24 325.003.42 398.390.12 - 457.411.88 46.01 Supplies 8.800.00 589.97 1.900.73 1.762.03 773.23 4.203.94 37.30 City Support Services 974.600.00 104.88129 187.551�63 326.740.12 124.021.90 523.303.92 40.31 Utility Services 285,125.00 81,79530 84,11679 134,154.92 4,067.07 146,903.01 48.48 CITY QF8CMERTZ REVENUE AND EXPENSE REPORT (]NAUDITED) AS OF: March 31, 2021 CURRENT CURRENT 'T-o BUDGET % 101GENERALFUND BUDGET QUARTER PRIOR YEAR Yq-D Y-T-D ACTUAL cwouMsnxwcE BALANCE BUDGET Staff Support 43.028.00 1.498.88 21.70014 1.015.09 424.00 41.580.31 4.68 Professional Services 102.590.00 43.870.83 62.50 43.870.63 3.875.50 54.843.87 40.55 Maintenance Services 10.000.00 2.185.35 1.38877 0.367.08 032.04 93.68 Rental/Leasing 3.651.00 608.36 1.520.00 304.18 1.825.02 49.90 Operating Equipment 320.309.00 130.552.58 79.001.42 170.083.27 48.052.33 94.433.40 70.52 Capital Outlay 35.000.00 26.889.00 20.880.00 8.111.00 76.83 TOTAL INFORMATION TECHNOLOGY 2,638,646.00 636,019.40 700,925.40 1,122,310.44 183,018.27 1,333,317.29 49.47% HUMAN RESOURCES Personnel Services 456.957.00 102.038.02 203.04173 217.000.88 - 239.290.02 47.63 Supplies 2.700.00 63.80 1.03976 245.90 126.25 2.327.79 1379 Human Services 234.562.00 30.258.33 04.120.30 82.885.70 38.088.15 113.588.09 51.57 Operations Support 5.830.00 - 1.604.84 2.433.84 225.00 3.177.18 45.50 Staff Support 36.150.00 8.78458 10.86674 22.087.88 880.28 13.181.84 63.54 City Assistance 10.000.00 3.028.00 4.726.00 5.013.00 - 4.887.00 50.13 Professional Gomi000 15.000.00 - 57.51350 - 6.980.00 8.020.00 46.53 Operating Equipment 514.00 - 249.99 513.31 - 0.69 98.87 TOTAL HUMAN RESOURCES 761,719.00 144,772.79 343,771.86 330,846.73 46,299.68 384,57259 49.51% FINANCE Personnel Services 605.758.00 143.347�53 285.957�50 313.818.15 - 291.939.05 51.81 Supplies 3.700.00 91779 1.507.17 1.718.88 - 1.881.12 46.46 Staff Support 9.422.00 755�00 4.305�58 1.019.00 530.00 7.273.00 22.81 Professional Sevi000 34.500.00 13.832.30 22.341.07 14.742.12 010.00 19.147.88 44.50 Operating Equipment 588.61 - 1.610.90 330.08 - 250.53 57.28 TOTAL FINANCE 653,966.61 1158,85262 315,862.34 332,234.23 1,140.00 320,592.38 50.98% PURCHASING &ASSET MGT Personnel Services 225.784.00 53.013.54 108.420.22 116.374.95 - 109.409.05 51.54 Supplies 700.00 05.10 73.50 99.08 - 000.32 1424 Operations Support 7.650.00 1.825.00 3.100.80 3.124.00 488.75 4.037.25 4723 Staff Support 8.785.00 775.00 1.322.82 1.150.38 861.49 4.773.13 29.65 City Assistance 2.000.00 244.00 470.00 400.00 100.00 1.404.00 29.80 Operating Equipment 160000 27797 132203 1737 TOTAL PURCHASING & ASSET MGT 244,519.00 55,922.64 114,477.50 121,155.01 1,818.21 121,545.78 50.29% FLEET SERVICE Personnel Services 514.842.00 124.578.34 105.49077 261.793.90 - 253.042.10 50.85 Supplies 213.706.00 54.841.85 80.800.83 82.479.06 12.189.12 109.097.82 48.96 City Support Services 15.000.00 15.00 2.20720 2.37220 124.50 12.503.30 10.64 Utility Services 11.385.00 3.201.65 3.333.50 4.020.40 6.458.51 43.27 Staff Support 20.700.00 5.502.87 7.08540 0.010.83 1.507.00 18.281.57 38.45 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 FACILITY SERVICES Personnel Services CURRENT CURRENT 352,889.35 415,586.93 Y -T -D BUDGET % OF 101 GENERAL FUND BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Maintenance Services 218,002.00 48,624.22 83,925.11 111,154.99 24,860.72 81,986.29 62.39 Operating Equipment 13,853.00 3,717.32 2,558.72 8,455.26 - 5,397.74 61.04 Capital Outlay 57,049.00 6,349.99 - 6,349.99 21,303.00 29,396.01 48.47 TOTAL FLEET SERVICE 1,073,597.00 246,811.34 345,491.53 497,448.72 59,984.94 516,163.34 51.92% FACILITY SERVICES Personnel Services 735,826.00 202,111.29 352,889.35 415,586.93 - 320,239.07 56.48 Supplies 145,900.00 9,344.82 28,783.16 19,573.26 5,446.74 120,880.00 17.15 City Support Services 5,000.00 - - - - 5,000.00 - Utility Services 171,000.00 45,489.12 80,316.53 71,893.44 - 99,106.56 42.04 Staff Support 12,800.00 1,459.53 3,091.99 2,165.53 303.78 10,330.69 19.29 Professional Services 85,746.00 27,814.70 38,942.55 43,031.32 48,242.86 (5,528.18) 106.45 Maintenance Services 652,536.00 41,473.14 160,822.32 92,714.30 264,662.41 295,159.29 54.77 Rental /Leasing 500.00 - 80.38 - - 500.00 - Operating Equipment 16,500.00 - 5,907.75 - - 16,500.00 - Capital Outlay 30,000.00 27,266.00 - 27,266.00 - 2,734.00 90.89 MISC & PROJECTS Project Fund Charges /Transfers 581,300.00 581,300.00 - 581,300.00 - - 100.00 TOTAL PROJECTS 581,300.00 581,300.00 - 581,300.00 - - 100.00 %' CITY ASSISTANCE City's Assistance to Agencies 320,000.00 63,277.50 149,19938 115,698.42 82,169.50 122,132.08 61.83 Operating Equipment 10,000.00 - 4,321.57 - - 10,000.00 - TOTAL CITY ASSISTANCE 330,000.00 63,277.50 153,520.95 115,698.42 ;82,169.50 132,132.08 ' 59.96% COURT - RESTRICTED FUNDS Operating Equipment 22,992.00 5,700.00 - 5,700.00 2,500.00 14,792.00 35.66 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 101GENERALFUND BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET REVENUES Taxes Home Occupation Permit 500.00 105.00 385.00 525.00 - (25.00) 105.00 000 - 411100 Advalorem Tax - Current 14,554,500.00 6,326,294.34 13,740,301.99 14,232,880.01 - 321,619.99 97.79 000-411110 Disable Veterans Assist Pymnt 500,000.00 - - - - 500,000.00 - 000- 411200 Advalorem Tax - Delinquent 50,000.00 12,341.09 14,682.60 45,282.24 - 4,717.76 90.56 000 - 411300 Advalorem Tax -P &I 50,000.00 28,416.76 21,909.44 43,430.83 - 6,569.17 86.86 000 - 411500 Sales Tax Revenue -Gen Fund 9,964,000.00 2,317,109.69 4,760,518.81 4,916,282.98 - 5,047,717.02 49.34 000 - 411600 Bingo Tax 50.00 - 28.16 - - 50.00 - 000- 411700 Mixed Beverage Tax 80,000.00 23,190.04 42,248.68 32,758.39 - 47,241.61 40.95 TOTAL Taxes 25,198,550.00 8,707,351.92 1,8,579,689.68 19,270,634.45 - 5,927,915.55 76.48% Franchises 000 - 431800 Mechanical Permit 68,300.00 16,560.00 29,960.00 31,340.00 - 36,960.00 000 - 421200 Center Point /Entex Energy 95,000.00 35,191.06 59,696.98 57,736.14 - 37,263.86 60.77 000 - 421220 City Public Service 1,020,000.00 231,253.90 420,449.42 464,605.10 - 555,394.90 45.55 000 - 421240 Guadalupe Valley Elec Co -op 455,000.00 97,638.66 198,55610 194,390.23 - 260,609.77 42.72 000 - 421250 New Braunfels Utilities 78,000.00 16,100.61 27,876.95 32,049.50 - 45,950.50 41.09 000 - 421300 Time Warner -State Franchise 250,000.00 45,682.02 116,128.28 129,381.80 - 120,618.20 51.75 000 - 421460 AT &T Franchise Fee 150,000.00 40,483.68 80,948.66 52,181.99 - 97,818.01 34.79 000 - 421480 Other Telecom Franchise - ROW 130,000.00 8,317.48 63,698.57 46,832.79 - 83,167.21 36.03 000 - 421500 Solid Waste Franchise Fee 156,000.00 37,462.56 80,440.29 83,181.02 - 72,818.98 53.32 TOTAL Franchises % 2,334,000.00 512,129.97 1,047,795.85 1,060,358.57 - 1,273,641.43 45.43 %'% Parmitw 000 - 431100 Home Occupation Permit 500.00 105.00 385.00 525.00 - (25.00) 105.00 000 - 431205 Bldg Permit - Residential 550,000.00 175,629.50 270,585.50 305,528.00 - 244,472.00 55.55 000 - 431210 Bldg Permit - Commercial 350,000.00 75,189.00 143,777.00 125,645.00 - 224,355.00 35.90 000 - 431215 Bldg Permit - General 350,000.00 148,641.50 178,369.00 227,825.50 - 122,174.50 65.09 000 - 431300 Mobile Home Permit 400.00 - 275.00 300.00 - 100.00 75.00 000 - 431400 Signs Permit 5,600.00 823.00 2,755.00 2,309.00 - 3,291.00 41.23 000 - 431500 Food Establishmnt Permit 63,000.00 3,370.00 62,520.00 59,620.00 - 3,380.00 94.63 000 - 431700 Plumbing Permit 138,950.00 36,279.50 60,387.00 69,851.50 - 69,098.50 50.27 000 - 431750 Electrical Permit 70,900.00 21,160.00 28,660.00 42,600.00 - 28,300.00 60.08 000 - 431800 Mechanical Permit 68,300.00 16,560.00 29,960.00 31,340.00 - 36,960.00 45.89 000 - 431900 Solicitor /Peddler Permit 2,300.00 490.00 866.00 610.00 - 1,690.00 26.52 000 - 431950 Animal /Pet Permit 500.00 - 15.00 - - 500.00 0.00 000 - 432000 Cert of Occupancy Prmt 6,300.00 2,400.00 4,900.00 3,450.00 - 2,850.00 54.76 000 - 432100 Security Alarm Permit 43,000.00 7,295.00 18,961.00 14,270.00 - 28,730.00 33.19 000 - 432300 Grading /Clearing Permit 12,500.00 2,450.00 5,464.18 4,900.00 - 7,600.00 39.20 000 - 432400 Development Permit 75,000.00 46,383.67 31,359.09 53,778.09 - 21,221.91 71.70 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 101GENERALFUND BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET REVENUES 000 - 435000 Fire Permit 30,000.00 6,904.00 22,312.50 11,128.50 - 18,871.50 37.10 TOTAL Permits 1,767,250.00 543,680.17 861,551.27 953,680.59 - 813,569.41r 53.96% Licenses 11,300.02 36,683.45 19,314.29 - 54,245.71 000 - 441000 Alcohol Beverage License 8,100.00 555.00 3,510.00 3,095.00 - 5,005.00 38.21 000 - 441300 Mobile Home License 160.00 - 120.00 80.00 - 80.00 50.00 000 - 442000 Contractors License 45,600.00 13,550.00 24,200.00 22,200.00 - 23,400.00 48.68 000 - 444000 Pet License 3,000.00 - 957.00 - - 3,000.00 0.00 TOTAL Licenses 56,860.00 14,105.00 28,787.00 25,375.00 - 31,485.00 44.63 %< Fees 128.16 1,201.30 211.27 - 3,220.73 000 - 451000 Municipal Court Fines 664,160.00 113,784.33 332,171.64 213,208.90 - 450,951.10 32.10 000 - 451100 Arrest Fee 25,680.00 3,463.37 11,757.92 7,545.45 - 18,134.55 29.38 000 - 451110 Expunction Fee 160.00 - 100.00 - - 160.00 0.00 000 - 451200 Warrant Fees 73,560.00 11,300.02 36,683.45 19,314.29 - 54,245.71 26.26 000 - 451220 Officer Jury Fee 400.00 - 91.20 - - 400.00 0.00 000 - 451310 Restitution Fee -Local 0.00 102.60 126.00 102.60 - (102.60) 0.00 000 - 451320 Civil Justice Fee -Court 500.00 - - - - 500.00 0.00 000 - 451340 Judicial Fee -City 3,432.00 128.16 1,201.30 211.27 - 3,220.73 6.16 000 - 451400 Traffic Fine Costs TTL 12,168.00 1,468.05 5,338.46 3,432.50 - 8,735.50 28.21 000 - 451510 Juvenile Case Mgmt Fee 28,668.00 1,067.92 10,005.94 1,765.48 - 26,902.52 6.16 000 - 451520 Truancy Fees 5,352.00 3,005.58 5,137.73 6,766.83 - (1,414.83) 126.44 000 - 451530 Local Municipal Jury Fund 400.00 57.71 65.95 130.86 - 269.14 32.72 000 - 451600 Technology Fund Fee 22,992.00 3,172.45 10,728.99 6,692.45 - 16,299.55 29.11 000 - 451700 Security Fee 17,244.00 3,475.89 9,301.09 7,506.42 - 9,737.58 43.53 000 - 451800 Time Payment Fee -City 4,968.00 475.84 2,394.07 836.62 - 4,131.38 16.84 000 - 451850 State Fines 10% Service Fee 38,752.00 6,553.28 16,581.32 15,637.72 - 23,114.28 40.35 000 - 451900 DPS Payment -Local 5,592.00 936.00 2,721.71 1,540.00 - 4,052.00 27.54 000 - 452000 Child Safety Fee 10,356.00 1,072.63 4,826.32 2,984.11 - 7,371.89 28.82 000 - 452100 Platting Fees 59,000.00 11,500.00 6,750.00 17,500.00 - 41,500.00 29.66 000 - 452200 Site Plan Fee 36,000.00 2,000.00 3,000.00 6,500.00 - 29,500.00 18.06 000 - 452300 Plan Check Fee 625,000.00 182,521.25 280,480.00 295,634.50 - 329,365.50 47.30 000 - 452320 Tree Mitigation Admin Fee 15,000.00 - 10,707.30 38,640.00 - (23,640.00) 257.60 000 - 452400 BOA/Variance Fees 5,000.00 1,000.00 - 1,000.00 - 4,000.00 20.00 000 - 452600 Specific Use /Zone Chng Fee 18,000.00 15,300.00 14,999.80 21,300.00 - (3,300.00) 118.33 000 - 452710 Zoning Ltr & Dev Rights 1,950.00 1,050.00 2,250.00 1,650.00 - 300.00 84.62 000 - 453100 Reinspection Fees 190,000.00 33,425.00 98,875.00 85,300.00 - 104,700.00 44.89 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 101 GENERAL FUND REVENUES CURRENT BUDGET CURRENT QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D ENCUMBRANCE BUDGET BALANCE % OF BUDGET 000 - 453110 Swim Pool Inspection Fee 2,500.00 - 660.00 - - 2,500.00 0.00 000 - 453200 Lot Abatement 5,000.00 425.00 6,028.54 1,825.00 - 3,175.00 36.50 000 - 453211 Admin Fee - Inspections 18,600.00 400.00 6,000.00 1,000.00 - 17,600.00 5.38 000 - 453710 Foster Care 500.00 200.00 200.00 200.00 - 300.00 40.00 000 - 454200 Pool Gate Admission Fee 24,000.00 - 30.00 - - 24,000.00 0.00 000 - 454300 Seasonal Pool Pass Fee 5,000.00 - - - - 5,000.00 0.00 000 - 456120 Senior Center Meal Fee 20,000.00 9,205.86 6,504.98 16,860.15 - 3,139.85 84.30 000 - 456500 HAZ MAT Fees 5,000.00 - - - - 5,000.00 0.00 000 - 456600 Fire Re- inspection Fee 1,000.00 200.00 250.00 200.00 - 800.00 20.00 000 - 458000 Sale of General Fixed Assets 20,000.00 - - - - 20,000.00 0.00 000 - 458100 Sale of Merchandise 0.00 60.00 360.00 90.00 - (90.00) 0.00 000 - 458110 Sale of Mdse - GovDeals 80,000.00 31,672.84 25,232.64 55,957.84 - 24,042.16 69.95 000 - 458350 Gain on Sale of Fixed Assets 0.00 - - 3,800.00 - (3,800.00) 0.00 000 - 458400 Civic Center Rental Fees 130,900.00 575.00 5,850.00 2,300.00 - 128,600.00 1.76 000 - 458401 Capital Recovery Fee -Civic C 0.00 (50.00) 11,400.00 500.00 - (500.00) 0.00 000 - 458450 North Center Rental Fees 14,000.00 6,037.50 15,725.00 8,537.50 - 5,462.50 60.98 000 - 458460 Senior Center Rental 7,000.00 - 3,500.00 - - 7,000.00 0.00 000 - 458500 Community Center Rental Fees 23,800.00 7,687.00 13,269.50 11,322.00 - 12,478.00 47.57 000 - 458501 Community Center Service Fees 0.00 150.00 350.00 250.00 - (250.00) 0.00 000 - 458510 Grand Ballroom Rental Fees 0.00 (643.75) 79,223.75 6,968.75 - (6,968.75) 0.00 000 - 458520 Cut -Off Hall Rental Fees 0.00 (4,327.50) 10,936.25 (1,496.25) - 1,496.25 0.00 000 - 458530 Conference Hall Rental Fees 0.00 - 1,787.50 506.25 - (506.25) 0.00 000 - 458540 Bluebonnet Hall Rental Fees 0.00 (1,745.00) 26,776.25 1,948.75 - (1,948.75) 0.00 000 - 458550 Pavilion Rental Fees 20,000.00 3,807.50 5,605.00 5,732.50 - 14,267.50 28.66 000 - 458560 Chamber of Comm Rent 7,500.00 1,950.00 3,900.00 3,900.00 - 3,600.00 52.00 000 - 458570 Non - Resident SYSA League 10,000.00 5,990.00 8,590.00 5,990.00 - 4,010.00 59.90 000 - 458580 HOA Meeting Rental Fees 0.00 375.00 900.00 600.00 - (600.00) 0.00 000 - 458581 Funeral Reception Rental Fees 0.00 150.00 450.00 375.00 - (375.00) 0.00 000 - 458582 Quality of Life Rental Fees 0.00 1,935.00 4,245.00 3,435.00 - (3,435.00) 0.00 000 - 458590 Cancellation Fees -Event Rental 0.00 300.00 5,095.00 850.00 - (850.00) 0.00 000 - 458650 NonResident User Fee -BVYA 10,000.00 - - 7,080.00 - 2,920.00 70.80 000 - 458660 BVYA Utility Reimbursement 15,000.00 3,000.00 - 10,838.38 - 4,161.62 72.26 000 - 458670 SYSA Utility Reimbursement 7,500.00 - 4,493.68 - - 7,500.00 0.00 000 - 458675 Lions Futbol Utility Reimbrsmt 10,000.00 12,032.00 12,582.00 15,548.00 - (5,548.00) 155.48 000 - 458685 Recreation Programs 1,000.00 - - - - 1,000.00 0.00 000 - 458685.00 Rec Prgrm- Kickball Leagues 2,600.00 - - - - 2,600.00 0.00 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 101 GENERAL FUND BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET REVENUES 000 - 458700 Vehicle Impoundment 10,000.00 2,780.00 5,750.00 5,420.00 - 4,580.00 54.20 000 - 459200 NSF Check Fee 100.00 - 125.00 - - 100.00 0.00 000 - 459300 Notary Fee 100.00 6.00 24.00 42.00 - 58.00 42.00 000 - 459400 Maps,Copies,UDC & Misc Fees 0.00 - 5.00 - - - 0.00 000 - 459600 Animal Adoption Fee 12,000.00 2,195.00 7,690.00 4,135.00 - 7,865.00 34.46 000 - 459700 Pet Impoundment Fee 5,000.00 2,097.00 4,330.21 4,216.00 - 784.00 84.32 000 - 459800 Police Reports Fee 5,800.00 2,940.03 2,608.30 3,978.03 - 1,821.97 68.59 TOTAL Fees '' 2,338,234.00 486,264.56 1,147,337.79 938,109.90 - 1,400,124.10 40.12 %! Fines 000 - 463000 Library Fines 11,000.00 1,756.52 5,652.27 2,965.50 - 8,034.50 26.96 TOTAL Fines 11,000.00 1,756.52 5,652.27 2,965.50 - 8;034.50` 26.96 %! Inter - Jurisdictional 000 - 473100 Bexar Co - Fire 21,077.00 5,269.44 - 21,077.76 - (0.76) 100.00 000 - 473200 City of Seguin -Fire Contract 30,107.00 8,363.28 12,544.90 16,726.56 - 13,380.44 55.56 000 - 473300 Guadalupe Co- Library 203,191.00 50,797.74 108,576.00 118,528.06 - 84,662.94 58.33 000 - 473400 Randolph AFB - Animal Control 500.00 - - - - 500.00 0.00 000 - 474200 Library Services - Cibolo 40,000.00 40,000.00 40,030.00 40,000.00 - - 100.00 000 - 474210 Library Services -Selma 26,000.00 25,020.00 26,505.00 25,020.00 - 980.00 96.23 000 - 474400 Dispatch Service - Cibolo 166,000.00 - 80,000.00 - - 166,000.00 0.00 000 - 474600 School Crossing Guard - Bexar Co 36,000.00 8,667.87 18,902.26 17,66635 - 18,333.65 49.07 000 - 474610 School Cross Guard - Guadalupe C 41,000.00 10,272.82 20,528.73 20,627.90 - 20,372.10 50.31 000 - 474700 School Officer Funding 453,050.00 - 88,400.00 - - 453,050.00 0.00 000 - 474750 Crime Victim Liaison Agreement 50,000.00 12,500.00 50,000.00 25,000.00 - 25,000.00 50.00 TOTAL Inter - Jurisdictional 1,066,925.00 160,891.15 445,486.89 284,646.63 - 782,278.37 26.68 %'> Fund Transfers 000 - 480000 Indirect Costs -EMS 182,600.00 46,566.00 89,550.00 91,341.00 - 91,259.00 50.02 000 - 480100 Indirect Costs - Hotel /Motel 72,464.00 17,625.03 37,214.02 36,232.06 - 36,231.94 50.00 000 - 481000 Transfer In - Reserves 1,081,160.00 - - - - 1,081,160.00 0.00 000 - 485000 Interfund Charges- Drainage -5% 285,506.00 81,974.52 121,555.00 142,75102 - 142,752.98 50.00 000 - 486000 Interfund Chrges -Admin W &S 1,450,827.00 379,163.49 692,499.98 725,413.46 - 725,413.54 50.00 000 - 486202 Transfer In -Water &Sewer Fund 4,000.00 - - - - 4,000.00 0.00 000 - 486203 Transfer In -EMS 4,000.00 - - - - 4,000.00 0.00 000 - 486204 Transfer In- Drainage 1,000.00 - - - - 1,000.00 0.00 000 - 487000 Interfund Charges -Fleet 398,618.00 108,666.30 180,333.52 198,833.08 - 199,784.92 49.88 000 - 488000 Interfund Charges -413 503,717.00 - 230,818.00 230,818.00 - 272,899.00 45.82 000 - 489000 Transfer In 86,000.00 - - - - 86,000.00 0.00 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 101 GENERAL FUND BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET REVENUES TOTAL Fund Transfers 4,069,892.00 633,995.34 1,351;970.52 1,425,390.62 2,644,501.38 35.02% Miscellaneous 000 - 491000 Interest Earned 15,000.00 1,966.19 23,437.65 3,656.35 - 11,343.65 24.38 000 - 491200 Investment Income 120,000.00 12,484.63 177,653.65 32,567.97 - 87,432.03 27.14 000 - 491900 Unrealized Gain /Loss- CapOne 0.00 (8,742.65) 33,581.07 (16,855.56) - 16,855.56 0.00 000 - 493000 Donations - Others 0.00 500.00 - 500.00 - (500.00) 0.00 000 - 493120 Donations - Public Library 10,000.00 1,578.10 1,062.75 1,67915 - 8,320.25 16.80 000 - 493400 Donations - Animal Control 5,000.00 305.00 2,878.00 2,040.00 - 2,960.00 40.80 000 - 493401 Donations -A/C Microchip 0.00 300.00 690.00 615.00 - (615.00) 0.00 000 - 493460 Donations- Parks 10,000.00 - - - - 10,000.00 0.00 000 - 493465 Donations - Senior Center 10,000.00 265.00 5,376.37 265.00 - 9,735.00 2.65 000 - 493502 Donations -PD 0.00 50.00 100.00 450.00 - (450.00) 0.00 000 - 493503 Donation -Fire Rescue 0.00 400.00 2,150.00 800.00 - (800.00) 0.00 000 - 493618 Donation - Veteran's Memorial 0.00 150.00 150.00 1,050.00 - (1,050.00) 0.00 000 - 493700 July 4th Activities 26,000.00 - - - - 26,000.00 0.00 000 - 493701 Proceeds - Holidazzle 12,500.00 - - 3,290.00 - 9,210.00 26.32 000 - 493704 Moving on Main 4,000.00 9,450.00 100.00 9,450.00 - (5,450.00) 236.25 000 - 494481 LaWEnforcemtOfficersStnd& 5,000.00 4,489.49 5,081.86 4,489.49 - 510.51 89.79 000 - 494482 Grants - Police, Fire, Gen Fund 2,500.00 - - 541.11 - 1,958.89 21.64 000 - 495100 Mobile Stage Rental Fees 2,100.00 550.00 1,550.00 550.00 - 1,550.00 26.19 000 - 497000 Misc Income -Gen Fund 40,000.00 113,442.66 34,964.11 126,801.30 - (86,801.30) 317.00 000 - 497005 Schertz Magazine Advertising 120,000.00 37,050.00 66,550.00 73,511.62 - 46,488.38 61.26 000 - 497100 Misc Income - Police 9,000.00 2,925.34 6,400.36 6,849.26 - 2,150.74 76.10 000 - 497200 Misc Income - Library 4,500.00 500.75 2,227.20 970.00 - 3,530.00 21.56 000 - 497210 Misc Income - Library Copier 18,000.00 1,695.55 9,427.25 2,823.05 - 15,176.95 15.68 000 - 497300 Misc Income - Animal Control 0.00 250.00 - 400.00 - (400.00) 0.00 000 - 497400 Misc Income - Streets Dept 30,000.00 3,285.76 7,033.29 6,261.76 - 23,738.24 20.87 000 - 497460 Misc Income -Parks 0.00 360.00 - 360.00 - (360.00) 0.00 000 - 497500 Misc Income -TML Ins. Claims 25,000.00 817.22 14,115.81 2,261.67 - 22,738.33 9.05 000 - 497550 Misc Income -TML WC Reimbursmnt 10,000.00 13,420.41 4,886.86 16,969.89 - (6,969.89) 169.70 000 - 497600 Misc Income - Vending Mach 2,500.00 100.99 859.38 192.37 - 2,307.63 7.69 000 - 498000 Reimbursmnt -Gen Fund 20,000.00 - 15,443.00 - - 20,000.00 0.00 000 - 498105 Reimbursmt Police OT -DEA 18,000.00 12,548.02 9,062.60 24,314.55 - (6,314.55) 135.08 000 - 498110 Reimburmnt Fire -Emg Acti -OT 100,000.00 40,312.45 72,533.39 40,312.45 - 59,687.55 40.31 000 - 498150 Reimbursement - Library 13,000.00 - 13,509.00 8,598.66 - 4,401.34 66.14 TOTAL Miscellaneous 632,100.00 250,454.91 510,82162 355,715.69 - 276;38431 56.28 %` CITY O F S C H E R T Z REVENUE REPORT (UNAUD|TED) AS OF: March 31. 2021 CURRENT CURRENT �r� BUDGET ��0F PR0RYEAR Y�'D Y�'DACTUAL 101GENERALFUND BUDGET QUARTER swouwowAmnc BALANCE BUDGET REVENUES TOTALREVENUES 37,474,811.00 11,310,629.54 23,979,094.89 24,316,876.95 13,157,934.05 64.89% GENERALFUND CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Claim on Operating Cash Pool- Checking $ 1,566,851.71 Cash in Investments LOGIC Investment - General Fund 16,455,549.02 LOGIC Investment -Equip Replacement 79,084.19 LOGIC Investment -Veh Replacement 533,247.01 LOGIC Investment -Air Condi Replaement 290,197.16 BBVA CD Investment 1,049,696.40 CAPITAL ONE Investment - General Fund 1,464,207.42 Total Cash in Bank & Investments $ 21,438,832.91 Sales Tax-General Fund ADVALOREM TAX qcTw.v2m 3 I I a, a CITY PUBLIC SERVICE ME CITY O F S C H E RTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y-T{] ,�o Y-TD ACTUAL BUDGET % 106'SPEC|#LEVE0TS FUND BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY REVENUE SUMMARY Miscellaneous 32.100.00 6.152.10 51.444.77 34.084.19 - (2.584.19) 108.05 TOTALREVENUES 32,100.00 6,152.10 51,444.77 34,684.19 (2,584.19) 10&05% EXPENDITURE SUMMARY GENERAL GOVERNMENT CULTURAL� KICK CANCER 10.000.00 534.25 4.380.81 534.25 - 9,465.75 5.34 HAL BALDVV|N SCHOLARSHIP 22'100.80 (1.250.00) 11.845.30 11'818.35 - 10.481.85 52.57 106 - SPECIAL EVENTS FUND REVENUES CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D Y -T -D BUDGET % OF BUDGET QUARTER ACTUAL ENCUMBRANCE BALANCE BUDGET Fund Transfers Miscellaneous 000 - 491200 Investment Income 0.00 5.10 164.25 12.19 - (12.19) 0.00 000 - 492200 Kick Cancer 10,000.00 2,795.00 5,582.52 2,795.00 - 7,205.00 27.95 000 - 493621 Hal Baldwin Scholarship 22,100.00 455.00 24,350.00 28,980.00 - (6,880.00) 131.13 000 - 497000 Misc Income - Special Events 0.00 2,897.00 9,028.00 2,897.00 - (2,897.00) 0.00 TOTAL Miscellaneous 32,100.00 6,152:10 51,444.77 34,684.19 - (2,584.19) 108.05% SPECIAL EVENTS FUND CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 CM�'710 ItMal I Claim on Operating Cash Pool- Checking Cash in Investments Texas Class- Special Events Current $ 115,929.91 18,042.64 Total Cash in Bank & Investments $ 133,972.55 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 110 -PEG FUND BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY REVENUE SUMMARY Franchises 90,000.00 22,279.14 44,494.60 43,256.76 - 46,743.24 48.06 Fund Transfers 95,500.00 - - - - 95,500.00 - TOTAL REVENUE 18 ,500.00 22,273.14 4,494,6(} 43,266.76 142,2414 23.320) EXPENDITURE SUMMARY GENERAL GOVERNMENT Non Departmental MISC & PROJECTS Projects Capital Outlay 185,500.00 - - - - 185,500.00 - 110 -PEG FUND REVENUES CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET Franchises 000 - 421350 Time Warner- PEG Fee 60,000.00 - 31,566.84 15,560.70 - 44,439.30 25.93 000 - 421465 AT &T PEG Fee 30,000.00 22,279.14 12,927.76 27,696.06 - 2,303.94 92.32 TOTAL Franchises 90,000.00 22,279.14 44,494.60 ' 43,256.76 - 46,74124 48.06% Fund Transfers 000 - 481000 Transfer In - Reserves 95,500.00 - - - - 95,500.00 0.00 TOTAL Fund Transfers 95,500.00 - - - 95,500.00 0.00% Miscellaneous TOTAL REVENUES 185,500.00 22,279.14 44,494.60 ' 43,256.76 - 142,243.24 23.32 %' PEG FUND CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Cash Balance $ 910,964.79 Total Cash in Bank & Investments $ 910,964.79 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31. 2021 EXPENDITURE SUMMARY CURRENT CURRENT Y -T -D BUDGET % OF 202 -WATER & SEWER BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY Fund Charges /Transfers 0.00 - - 19,745.69 REVENUE SUMMARY (19,745.69) - TOTAL NON DEPARTMENTAL 0.00 - Franchises 238,750.00 200,071.10 174,542.71 215,849.19 - 22,900.81 90.41 Fees 24,803,500.00 6,010,251.80 12,196,687.81 12,005,158.01 - 12,798,341.99 48.40 Fund Transfers 146,400.00 61,603.98 73,200.00 98,203.98 - 48,196.02 67.08 Miscellaneous 315,718.00 140,161.33 223,787.82 190,467.28 - 125,250.72 6033 EXPENDITURE SUMMARY NON DEPARTMENTAL Fund Charges /Transfers 0.00 - - 19,745.69 - (19,745.69) - TOTAL NON DEPARTMENTAL 0.00 - 19,745.69 (19,745.69) 0.00% BUSINESS OFFICE Personnel Services 500,021.00 111,569.10 236,041.15 245,710.85 - 254,310.15 49.14 Supplies 5,100.00 119,289.57 1,344.98 119,721.22 5,191.84 (119,813.06) 2,449.28 City Support Services 5,000.00 33,151.19 28,640.26 33,151.19 - (28,151.19) 663.02 Utility Services 9,200.00 1,957.51 4,267.46 4,212.80 - 4,987.20 45.79 Operations Support 120,500.00 23,447.74 43,332.40 45,193.98 6,957.78 68,348.24 43.28 Staff Support 6,400.00 1,277.33 2,518.31 1,615.28 120.56 4,664.16 27.12 Professional Services 253,000.00 65,021.02 101,655.85 113,034.58 - 139,965.42 44.68 Maintenance Services 5,040.00 840.00 2,520.00 2,520.00 3,360.00 (840.00) 116.67 Operating Equipment 600.00 - 430.40 - - 600.00 - TOTAL BUSINESS OFFICE 904,861.00 356,553.46 440,555.31 565,159.90 15,630.18 324,070.92 64.19 %< W & S ADMINISTRATION Personnel Services 1,553,559.00 478,833.88 811,361.32 976,372.35 - 577,186.65 62.85 Supplies 187,500.00 35,032.32 152,483.10 36,707.43 6,457.33 144,335.24 23.02 City Support Services 166,535.00 24.07 62,118.14 66,077.53 - 100,457.47 39.68 Utility Services 3,575,800.00 851,777.87 1,659,677.23 1,700,774.83 1,351.85 1,873,673.32 47.60 Operations Support 11,300.00 2,581.58 7,214.21 3,978.98 - 7,321.02 35.21 Staff Support 39,500.00 9,245.39 27,493.39 16,401.40 30.00 23,068.60 41.60 City Assistance 500.00 - 76.00 - 40.00 460.00 8.00 Professional Services 444,015.00 209,548.37 228,208.31 229,817.16 38,904.99 175,292.85 60.52 Fund Charges /Transfers 6,470,624.00 1,741,867.82 3,609,873.69 3,695,403.01 - 2,775,220.99 57.11 Maintenance Services 9,166,090.00 2,782,029.75 3,612,418.52 4,213,531.56 162,105.74 4,790,452.70 47.74 Other Costs 40,000.00 38,435.72 36,605.45 38,435.72 - 1,564.28 96.09 Debt Service 2,106,932.00 1,575,649.23 1,551,501.10 1,575,649.23 - 531,282.77 74.78 Rental /Leasing 4,500.00 17,027.00 54,952.44 43,087.14 - (38,587.14) 957.49 Operating Equipment 8,000.00 1,174.06 2,511.01 1,174.06 249.55 6,576.39 17.80 Capital Outlay 146,887.00 - 34,513.60 - 48,887.00 98,000.00 33.28 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT Y -T -D BUDGET % OF 202 -WATER & SEWER BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY TOTAL PUBLIC WORKS 23,921,742.00 7,743,227.06 11 851,007.51 12,597,410.40 258,026.46 11,066,305.14 53.74% MISC & PROJECTS PROJECTS Professional Services 0.00 1,815.00 15,680.00 3,932.50 8,724.00 (12,656.50) - Maintenance Services 0.00 536,692.00 - 762,716.86 20,137.00 (782,853.86) - CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 202 -WATER & SEWER BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET REVENUES Franchises 000 - 421490 Cell Tower Leasing 238,750.00 200,071.10 174,542.71 215,849.19 - 22,900.81 90.41 TOTAL Franchises 238,750.00 200,071.10 174,542.71 215,849.19 - 22,900:81 90.41% Permits TOTAL Permits 0.00 3,000.00 - - - 0.00 %' Fees 000 - 455200 Garbage Collection Fee 5,280,000.00 1,207,938.58 2,587,218.82 2,407,151.37 - 2,872,848.63 45.59 000 - 455600 Fire Line Fees 33,000.00 - - - - 33,000.00 - 000- 455700 Recycle Fee Revenue 336,000.00 84,900.65 164,353.44 157,023.87 - 178,976.13 46.73 000 - 455800 W &S Line Constructn Reimbur 20,000.00 10,549.52 12,969.02 17,207.52 - 2,792.48 86.04 000 - 457100 Sale of Water 11,100,000.00 2,513,921.85 5,318,626.30 5,291,081.43 - 5,808,918.57 47.67 000 - 457110 Edwards Water Lease 40,000.00 48,196.28 - - 40,000.00 - 000- 457120 Water Transfer Charge -Selma 30,000.00 - 17,169.24 13,881.72 - 16,118.28 46.27 000 - 457200 Sale of Meters 120,000.00 33,872.12 51,796.18 63,200.18 - 56,799.82 52.67 000 - 457400 Sewer Charges 7,592,000.00 2,158,094.08 3,862,085.37 4,054,211.92 - 3,537,788.08 53.40 000 - 457500 Water Penalties 250,000.00 150.00 132,323.16 250.00 - 249,750.00 0.10 000 - 459200 NSF Check Fee -Water &Sewer 2,500.00 825.00 1,950.00 1,150.00 - 1,350.00 46.00 TOTAL Fees 24,803,500.00 6,010,251.80 12,196;687.81 12,005 158.01 ! - ' 12,798,341 99 48.40 %! Fund Transfers 000 - 486204 Interfnd Chrg- Drainage Billing 146,400.00 36,600.00 73,200.00 73,200.00 - 73,200.00 50.00 000 - 486406 Transfer In - Pblc Imprvmnt 0.00 25,003.98 - 25,003.98 - (25,003.98) - TOTAL Fund Transfers 146,400.00 61,603.98 73,200.00 98,203.98 - 48,196.02 67.08% Miscellaneous 000 - 490000 Misc Charges 10,500.00 1,644.00 5,787.00 1,694.00 - 8,806.00 16.13 000 - 491000 Interest Earned 40,000.00 2,169.45 21,198.21 4,346.45 - 35,653.55 10.87 000 - 491200 Investment Income 120,000.00 25,308.49 113,985.13 28,452.12 - 91,547.88 23.71 000 - 496000 Water Construction Reserve Acc 0.00 - 1.00 - - - - 000- 497000 Misc Income -W &S 20,000.00 51,108.65 12,096.79 61,429.44 - (41,429.44) 307.15 000 - 498110 Salary Reimb -SSLGC 125,218.00 59,930.74 70,719.69 94,545.27 - 30,672.73 75.50 TOTAL Miscellaneous 315,718.00 140,1`6133 223,787.82 190,467.28 = 125,250 72 60.33 %' TOTAL REVENUES 25,504;368.00 6,412,088.21 12,671,218.34 12,509,678.46 's' - 12,994,689.54 49.05 % WATER & SEWER CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 W41 1 .e. Claim on Operating Cash Pool- Checking Cash in Investments Lone Star Investment -Water &Sewer Lone Star Investment -W &S Customer Deposits Lone Star Investment -W &S Equip Replacement Lone Star Investment -W &S Veh Replacement Schertz Bank & Trust - Certificate of Deposit $ 195,929.70 4,331,798.18 317,373.34 190,819.79 275, 656.50 1,163, 351.07 $ 6,278,998.88 Total Cash in Bank & Investments $ 6,474,928.58 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31. 2021 203 -EMS FINANCIAL SUMMARY CURRENT BUDGET CURRENT QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D ENCUMBRANCE BUDGET BALANCE % OF BUDGET REVENUE SUMMARY Fees 6,621,567.20 1,641,030.83 2,993,220.77 3,227,717.50 - 3,393,849.70 48.75 Inter - Jurisdictional 3,028,357.31 190,608.12 1,541,258.91 1,636,279.66 - 1,392,077.65 54.03 Miscellaneous 135,500.00 117,009.13 81,344.79 144,285.43 - (8,785.43) 106.48 TOTAL' REVENUES 9,785,424.51 1,948,648.08 4,615,824.47 5,008,282.59 4,777,141.92 51.18 %': EXPENDITURE SUMMARY PUBLIC SAFETY SCHERTZ EMS Personnel Services 4,628,222.00 1,126,324.57 2,269,175.04 2,440,423.27 - 2,187,798.73 52.73 Supplies 359,500.00 111,695.45 181,675.75 167,537.44 32,341.98 159,620.58 55.60 City Support Services 136,000.00 79.00 40,932.45 35,075.05 712.00 100,212.95 26.31 Utility Services 137,000.00 28,787.10 52,377.02 49,768.07 - 87,231.93 36.33 Operations Support 49,500.00 8,044.00 27,512.01 17,957.75 552.00 30,990.25 37.39 Staff Support 69,500.00 6,330.71 36,145.13 12,250.77 12,767.26 44,481.97 36.00 City Assistance 562,366.81 195,637.64 278,179.37 350,863.89 3,863.46 207,639.46 63.08 Professional Services 118,500.00 22,936.89 64,491.62 63,242.43 26,000.02 29,257.55 75.31 Fund Charges /Transfers 2,993,790.20 742,002.27 1,392,003.26 1,364,174.64 - 1,629,615.56 45.57 Maintenance Services 30,000.00 2,880.00 19,080.00 3,840.00 - 26,160.00 12.80 Debt Service 0.00 113,375.00 116,458.55 113,375.00 - (113,375.00) - Rental /Leasing 67,000.00 - 65,118.05 - - 67,000.00 - Operating Equipment 72,000.00 10,610.59 14,056.50 12,834.46 998.75 58,166.79 19.21 Capital Outlay 778,612.00 42,500.98 41,936.16 304,112.98 399,348.00 75,151.02 90.35 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 203 -EMS BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET REVENUES Fees 000 - 456100 Ambulance /Mileage Transprt Fee 6,340,467.20 1,572,274.16 2,853,933.60 3,050,860.14 - 3,289,607.06 48.12 000 - 456110 Passport Membership Fees 28,000.00 5,330.00 23,825.00 24,970.00 - 3,030.00 89.18 000 - 456120 EMT Class - Fees 99,000.00 42,150.00 51,675.00 72,400.00 - 26,600.00 73.13 000 - 456122 CE Class - Fees 15,000.00 - - 2,318.77 - 12,681.23 15.46 000 - 456130 Immunization Fees 3,000.00 - 3,153.92 1,336.40 - 1,663.60 44.55 000 - 456140 Billing Fees - External 26,000.00 4,012.31 11,910.53 9,563.53 - 16,436.47 36.78 000 - 456150 Standby Fees 25,000.00 - 14,870.00 29,320.20 - (4,320.20) 117.28 000 - 456155 Community Services Support 50,000.00 6,905.36 15,961.82 17,249.46 - 32,750.54 34.50 000 - 456160 MIH Services 35,000.00 10,359.00 17,815.90 19,674.00 - 15,326.00 56.21 000 - 459200 NSF Check Fee 100.00 - 75.00 25.00 - 75.00 25.00 TOTAL Fees 6,621,567.20 1,641,030:83 2,993,220.77 3,227,717.50 - 3,393,849.70 48.75 %' Inter - Jurisdictional 000 - 473500 Seguin /Guadalupe Co Support 843,577.17 154,655.82 492,087.15 463,967.46 - 379,609.71 55.00 000 - 474300 Cibolo Support 473,115.24 - 219,806.24 236,557.62 - 236,557.62 50.00 000 - 475100 Comal Co ESD #6 141,411.38 35,952.30 65,330.24 69,506.78 - 71,904.60 49.15 000 - 475200 Live Oak Support 246,255.84 - 118,887.30 123,127.92 - 123,127.92 50.00 000 - 475300 Universal City Support 321,566.04 - 152,997.88 160,783.02 - 160,783.02 50.00 000 - 475400 Selma Support 171,441.00 - 80,500.68 85,720.50 - 85,720.50 50.00 000 - 475500 Schertz Support 667,048.68 - 301,291.38 333,524.34 - 333,524.34 50.00 000 - 475600 Santa Clara Support 11,455.20 - 5,568.62 5,727.60 - 5,727.60 50.00 000 - 475800 Marion Support 18,374.76 - 8,424.32 9,187.38 - 9,187.38 50.00 000 - 475910 TASPP Program 134,112.00 - 96,365.10 148,177.04 - (14,065.04) 110.49 TOTAL Inter- Jurisdictional 3,028,357.31 190,608.12 1,541,258.91 1,636,279.66 - 1,392,077 65 54.03% Fund Transfers - Miscellaneous 000 - 491000 Interest Earned 2,500.00 105.36 939.69 262.36 - 2,237.64 10.49 000 - 491200 Investment Income 5,000.00 327.25 6,854.50 716.45 - 4,283.55 14.33 000 - 493203 Donations -EMS 2,000.00 - 5,695.53 865.00 - 1,135.00 43.25 000 - 497000 Misc Income 60,000.00 97,106.41 33,159.18 99,354.41 - (39,354.41) 165.59 000 - 497100 Recovery of Bad Debt 6,000.00 2,164.82 3,204.14 8,374.99 - (2,374.99) 139.58 000 - 497110 Collection Agency -Bad Debt 60,000.00 17,305.29 31,491.75 34,712.22 - 25,287.78 57.85 CITY OF SCHERTZ CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Claim on Operating Cash Pool-Checking Cash in Investments EMS-Logic SIR 2017 Ambulance-Logic $ 287,786.26 897,185.33 12.11 Total Cash in Bank & Investments $ 1,184,983.70 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 EXPENDITURE SUMMARY CURRENT CURRENT Y -T -D BUDGET % OF 204 - DRAINAGE BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY DRAINAGE REVENUE SUMMARY Personnel Services 403,147.00 84,825.99 154,392.87 Permits 4,000.00 1,570.00 1,780.00 2,370.00 - 1,630.00 59.25 Fees 1,230,000.00 307,375.09 606,226.15 577,263.19 - 652,736.81 46.93 Fund Transfers 195,793.00 - - - - 195,793.00 - Miscellaneous 33,000.00 225.17 10,643.12 586.28 - 32,413.72 1.78 EXPENDITURE SUMMARY PUBLIC WORKS DRAINAGE Personnel Services 403,147.00 84,825.99 154,392.87 201,016.35 - 202,130.65 49.86 Supplies 6,000.00 1,534.53 3,557.39 2,634.14 - 3,365.86 43.90 City Support Services 35,500.00 905.94 3,803.87 4,023.21 - 31,476.79 11.33 Utility Services 14,700.00 4,411.36 5,045.89 8,489.78 751.83 5,458.39 62.87 Operations Support 1,050.00 - - - - 1,050.00 - Staff Support 13,700.00 2,564.48 3,544.56 3,486.96 140.00 10,073.04 26.47 City Assistance 500.00 40.00 80.00 40.00 50.00 410.00 18.00 Professional Services 58,729.00 2,700.00 1,500.00 2,758.50 600.00 55,370.50 5.72 Fund Charges /Transfers 532,167.00 145,918.77 240,848.58 285,938.53 - 246,228.47 53.73 Maintenance Services 83,000.00 6,225.00 22,180.00 8,061.51 2,105.00 72,833.49 12.25 Other Costs 200.00 - 100.00 - - 200.00 - Debt Service 122,100.00 1,050.00 2,085.17 1,050.00 - 121,050.00 0.86 Rental /Leasing 500.00 - - - - 500.00 - Operating Equipment 2,500.00 - 863.97 - - 2,500.00 - Capital Outlay 224,120.00 213,572.58 - 213,572.58 - 10,547.42 95.29 TOTAL DRAINAGE 1,497,913':00 463,748.65 438,002.30 731,071.56 3,646.83 763,194.61 49.05 %f CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT Y -T -D BUDGET % OF 204 - DRAINAGE BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY PROJECTS Maintenance Services 0.00 188,725.21 1,384.10 176,956.96 122,709.65 (299,666.61) - CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 204 - DRAINAGE BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET REVENUES Permits 000 - 432400 Floodplain Permit 4,000.00 1,570.00 1,780.00 2,370.00 - 1,630.00 59.25 TOTAL Permits 4,000.00 1,570.00 1,780.00 2,370.00 1,630.00 59.25% Fees 000 - 457500 Drainage Penalties 10,000.00 - 4,250.09 - - 10,000.00 0.00 000 - 457600 Drainage Fee 1,220,000.00 307,375.09 601,976.06 577,263.19 - 642,736.81 47.32 TOTAL Fees 1,230,000.00 307,375:09 606,226.15 577,263.19 - 652,736.81 46.93% Fund Transfers 000 - 481000 Transfer In - Reserves 178,564.00 - - - - 178,564.00 0.00 000 - 486100 Transfer In 17,229.00 - - - - 17,229.00 0.00 TOTAL Funds Transfers 195,793.00 - - - 195,79100 0.00% Miscellaneous 000 - 491000 Interest Earned 3,000.00 10.96 336.01 30.73 - 2,969.27 1.02 000 - 491200 Investment Income 30,000.00 214.21 6,805.69 555.55 - 29,444.45 1.85 DRAINAGE CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Claim on Operating Cash Pool- Checking $ 114,486.48 Cash in Investments Lone Star Investment - Drainage Maint Fund 386,040.01 Total Cash in Bank & Investments $ 500,526.49 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT Y -T -D BUDGET % OF 314 -HOTEL TAX BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY REVENUE SUMMARY Taxes 520,000.00 70,938.96 208,761.91 136,183.00 - 383,817.00 26.19 Miscellaneous 20,750.00 584.21 20,265.17 1,404.58 - 19,345.42 6.77 TOTAL REVENUES 540,75U0', 7,1,523.17', 229,027.08 I37,537.�3 403,152.42 25.446% EXPENDITURE SUMMARY NONDEPARTMENTAL City Support Services 112,466.00 12,094.75 57,300.09 36,677.77 - 75,788.23 32.61 Operations Support 46,000.00 5,038.28 8,553.00 9,224.28 - 36,775.72 20.05 Professional Services 3,000.00 3,000.00 3,499.50 3,000.00 - - 100.00 Fund Charges/Transfers 72,464.00 17,625.03 37,214.02 36,232.06 - 36,231.94 50.00 Maintenance Services 20,000.00 56,284.05 - 111,907.65 30,396.85 (122,304.50) 711.52 HOTEL OCCUPANCY TAX FUND CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 W1111111TIM, t. Claim on Operating Cash Pool- Checking $ 41,155.39 Cash in Investments Texas Class - Hotel Tax 1,984,328.92 Total Cash in Bank & Investments $ 2,025,484.31 us= BE= 40,000 HOTEL OCCUPANCY TAX Oc I NOV DEC JAN FEB MAR APR MAY JUN JUL ALJG SFP -5-'-2020-21 22,147 18,567 19,948 23,467 28,556 45,098 C =12019 -20 33,124 31,590 29,661 23,382 33,841 20,209 8,643 8,934 13,859 15,559 25,115 2%624 OW2018-19 44,431 43,858 40,307 38,034 41,886 55,316 44,285 43,642 36,501 44,160 34,532 36fi19 402017-18 37,415 38,911 30,706 31,786 48,161 52,784 52,258 53,747 50,639 58,448 46,800 36,619 2016-17 33,917 33,203 30,940 32,131 33,710 51,467 47,698 43,479 55,151 57,536 46,685 33,548 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 317 -PARK FINANCIAL SUMMARY CURRENT BUDGET CURRENT Y -T -D QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL ENCUMBRANCE BUDGET BALANCE % OF BUDGET REVENUE SUMMARY Fees 70,000.00 - - - - 70,000.00 - Fund Transfers 51,500.00 - - - - 51,500.00 - Miscellaneous 3,500.00 84.24 2,581.24 198.91 - 3,301.09 5.68 TOTAL REVENUES 125,000.00 84.24 2,58124 198.91 - 124,801.09 0.16% EXPENDITURE SUMMARY NON DEPARTMENTAL PARKLAND DEDICATION Professional Services 25,000.00 - - - 810.70 24,189.30 3.24 Capital Outlay 100,000.00 - - - - 100,000.00 - 317 -PARK REVENUES CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D ENCUMBRANCE BUDGET % OF BUDGET QUARTER BALANCE BUDGET Fees 000 - 458800 Parkland Dedication 70,000.00 - - - - 70,000.00 - TOTAL -Fees 70,000.00 - - - - 70,000.00 0.00% Fund Transfers 000 -48100 Transfer In- Reserves 51,500.00 - - - - 51,500.00 0.00 TOTAL Fund Transfers 51,500.00- - - - - 51,500.00 0.00% Miscellaneous 000 - 491000 Interest Earned 500.00 2.92 339.30 6.08 - 493.92 1.22 000 - 491200 Investment Income 3,000.00 81.32 2,240.94 192.83 - 2,807.17 6.43 000 - 493700 Donations 0.00 - 1.00 - - - 0 PARKFUND CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 WEN1927-1-M M1, Current Claim on Operating Cash Pool-Checking 6,366.72 Cash in Investments Texas Class- Park Fund Total in Investment Pool 286,067.64 Total Cash in Bank & Investments 292,434.36 318-TREE MITIGATION FINANCIAL SUMMARY REVENUE SUMMARY Fees Miscellaneous TOTAL REVENUES EXPENDITURE SUMMARY TREE MITIGATION Maintenance Services CITY O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUD|TED) AG OF: March 31.2021 CURRENT CURRENT v-T'o BUDGET 96OF BUDGET QUARTER PRIOR YEAR Y-T-D Y-T-D ACTUAL EmouMonAwos BALANCE BUDGET 70.000.00 56.284.70 218.980.00 (148.080�00) 312.80 4,500.00 195.48 4,785.33 433.02 4,066.98 9.62 70,000.00 2,700.00 7,900.00 5,625.00 64,375.00 8.04 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT BUDGET % OF 319 -TREE MITIGATION BUDGET QUARTER PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D ENCUMBRANCE BALANCE BUDGET REVENUES Fees 000 - 458900 Tree Mitigation 70,000.00 - 56,264.70 218,960.00 - (148,960.00) 312.80 TOTAL Fees 70;000.00 - 56,264.70 218,960.00 - (148,960.00) 312.80 %' Fund Transfers Miscellaneous 000 - 491000 Interest Earned 500.00 6.73 410.11 13.92 - 486.08 2.78 000 - 491200 Investment Income 4,000.00 188.75 3,875.22 419.10 - 3,580.90 10.48 TOTAL Miscellaneous 4,500.00 ! 195.48 4,785.33 433.02 - 4,066.98 9.62% TOTAL'REVENUES 74';500.00 195.48 61,050.03 219,393.02 - (144,893.02) 294.49 %_ TREE MITIGATION FUND CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Claim on Operating Cash Pool- Checking $13,853.49 Cash in Investments MBIA Investment -Tree Mitigation 663,142.15 Total Cash in Bank & Investments $676,995.64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 MISC & PROJECTS PROJECTS CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 411 - CAPITAL RECOVERY WATER BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY REVENUE SUMMARY Fees 1,100,000.00 413,694.00 564,707.29 737,901.00 - 362,099.00 67.08 Miscellaneous 72,000.00 2,712.27 60,718.90 6,217.17 - 65,782.83 8.63 TOTAL REVENUES 1,172,000.00 416,406.27 62 ,426,19 744,11817 427,881A 63.49 %' EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 206,000.00 35,414.11 1,000.00 35,414.11 92,802.17 77,78172 62.24 TOTAL NON DEPARTMENTAL 206,000.00 35,4114.11 1,000.00 35,414.11 92,802.171 77,78372 62.24% MISC & PROJECTS PROJECTS CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 411 - CAPITAL RECOVERY WATER BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET REVENUES Fees 000 - 455900 Cap Rcvry-Water 1,100,000.00 413,694.00 564,707.29 737,901.00 - 362,099.00 67.08 TOTAL Fees = 1,100,000.00 413,694.00 564,707.29 737,901.00 - 362,099.00 67.08% Fund Transfers Miscellaneous - 000- 491000 Interest Earned 2,000.00 76.30 2,610.33 140.80 - 1,859.20 7.04 000 - 491200 Investment Income 70,000.00 2,635.97 58,108.57 6,076.37 - 63,923.63 8.68 TOTAL Miscellaneous ' 72,000.00 2,712,27 60,718.90 6,217.17 - 65,782 83 8.63% TOTAL REVENUES 1,172,000.00 416,406.27 625,426.19 744,118.17 - 427,881.83 63,49% CAPITAL RECOVERY WATER CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Claim on Operating Cash Pool- Checking $ 244,335.81 Cash in Investments Lone Star Investment - Capital Recovery Water 8,190,133.11 Total Cash in Bank & Investments $ 8,434,468.92 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF 421 - CAPITAL RECOVERY SEWER BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET FINANCIAL SUMMARY REVENUE SUMMARY Fees 600,000.00 209,787.28 279,760.20 384,009.88 - 215,990.12 64.00 Miscellaneous 72,000.00 2,505.25 72,371.81 5,616.03 - 66,383.97 7.80 TOTAL REVENUES 672,000.00 212,292.53 352,132.01 389,625.91 282,374.09 57.98% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 208,000.00 40,493.76 3,257.72 41,632.14 118,123.02 48,244.84 76.81 TOTAL NON DEPARTMENTAL 208,000.00 40,493:76 3,257.72 41,632.14 118,123.02 48,244.84 76.81% MISC & PROJECTS 421 - CAPITAL RECOVERY SEWER REVENUES CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF BUDGET QUARTER ENCUMBRANCE BALANCE BUDGET Fees 000 - 455910 Cap Rcvey -Waste Water 600,000 209,787.28 279,760.20 384,009.88 - 215,990.12 64.00 TOTAL Fees 600,000.00 209,787.28 279,760.20 384,009.88 - 215,990.12 64.00 %? Fund Transfers Miscellaneous 000 - 491000 Interest Earned 2,000.00 53.95 1,536.40 104.03 - 1,895.97 5.20 000 - 491200 Investment Income 70,000.00 8,842.71 62,526.15 18,272.62 - 51,727.38 26.10 000 - 491900 Unrealize Gain /Loss -Captl One 0.00 (6,391.41) 8,309.26 (12,760.62) - 12,760.62 - TOTAL Miscellaneous ` 72,000.00 2,505.25 72,371.81 5,616.03 - 66,383.97 7.80% TOTAL REVENUES 672,000.00 212,292.53 352,132.01 389,625.91 - 282,374.09 57.98% CAPITAL RECOVERY SEWER CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Claim on Operating Cash Pool- Checking $ 99,190.57 Cash in Investments Lone Star Investment - Capital Recovery Sewer 5,764,119.97 Capital One - Investment 1,830,517.29 Total Cash in Bank & Investments $ 7,693,827.83 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF BUDGET 505 -TAX I &S BUDGET QUARTER ENCUMBRANCE BALANCE FINANCIAL SUMMARY REVENUE SUMMARY Taxes 6,980,821.00 3,024,374.77 6,501,078.86 6,807,797.49 - 173,023.51 97.52 Fund Transfers 0.00 7,914.84 - 7,914.84 - (7,914.84) - Miscellaneous 115,000.00 25,618.89 40,567.39 51,012.57 - 63,987.43 44.36 TOTAL REVENUES 7,095,821.00 3,057,908.50 6,541,646.25 ; 6,866,724.90 229,09610 96.77% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 50,000.00 1,600.00 2,000.00 176,599.52 - (126,599.52) 353.20 Debt Service 7,044,861.00 5,648,062.89 5,807,380.75 5,648,062.89 - 1,396,798.11 80.17 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: March 31. 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF BUDGET 505 -TAX I & S BUDGET QUARTER ENCUMBRANCE BALANCE REVENUES Taxes 000 - 411900 Property Tax Revenue 6,980,821.00 3,024,374.77 6,501,078.86 6,807,797.49 - 173,023.51 97.52 TOTAL Taxes 6,980,821.00 3,024,374.77 6,501,078.86 6,807,797 49 - 173,023.51 97,52 %' Fund Transfers Miscellaneous 000 - 491200 Investment Income 15,000.00 458.89 13,933.31 801.60 - 14,198.40 5.34 000 - 495020 Contribution From YMCA 100,000.00 25,000.00 25,000.00 50,000.00 - 50,000.00 50.00 TOTAL Miscellaneous 115,000.00 25,458.89 38,933.31 50,801':60 - 64,198.40 44.18% TOTAL REVENUES 7,095,821.00 3,049,833.66 6,540,012.17 6;858,599:09 - 237,221.91 96.66 %ot CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 505 -TAX I & S CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF BUDGET GENERAL GOVERNMENT BUDGET QUARTER ENCUMBRANCE BALANCE NON DEPARTMENTAL Professional Services 101 - 541500 Paying Agent 5,000.00 1,600.00 2,000.00 1,800.00 3,200.00 36.00 101 - 541502 Cost of Bond Issuance 45,000.00 - - 174,799.52 (129,799.52) 388.44 TOTAL Professional Services 50,000.00 1,600.00 2,000:00 176,599.52 - (126,599.52) 353.20% Debt Service 101 - 555628 Bond -CO 2007 - Principal 325,000.00 - - - - 325,000.00 - 101- 555628.1 Bond -CO 2007 - Interest 98,800.00 - - - - 98,800.00 101- 555629 Bond -GO 2007 Principal 0.00 325,000.00 315,000.00 325,000.00 - (325,000.00) 101- 555629.1 Bond -GO 2007 Interest 0.00 52,706.50 59,116.75 52,706.50 - (52,706.50) - 101- 555633 Bond -GO SR2011 Principal 270,000.00 270,000.00 260,000.00 270,000.00 - - 100 101 - 555633.1 Bond -GO SR2011 Interest 296,938.00 6,750.00 157,043.75 6,750.00 - 290,188.00 2.27 101 - 555634 Bond -GO 2011A Refund - Principal 485,000.00 485,000.00 475,000.00 485,000.00 - - 100 101 - 555634.1 Bond -GO 2011A Refund - Interest 52,367.00 29,008.50 34,542.25 29,008.50 - 23,358.50 55.39 101 - 555635 Bond -GO 2012 - Principal 365,000.00 365,000.00 355,000.00 365,000.00 - - 100 101 - 555635.1 Bond -GO 2012 - Interest 138,370.00 71,922.50 77,247.50 71,922.50 - 66,447.50 51.98 101 - 555638 Bond -GO 2014 Refund - Principal 100,000.00 100,000.00 100,000.00 100,000.00 - - 100 101 - 555638.1 Bond -GO 2014 Refund - Interest 280,775.00 141,137.50 142,637.50 141,137.50 - 139,637.50 50.27 101 - 555639 Tax Note - SR2015 - Principal 40,000.00 - - - - 40,000.00 - 101- 555639.1 Tax Note - SR2015 - Interest 700.00 350.00 651.62 350.00 - 350.00 50 101 - 555640 Bond -Ref 2015 Bond - Principal 690,000.00 690,000.00 675,000.00 690,000.00 - - 100 101 - 555640.1 Bond -GO Ref 2015 - Interest 47,400.00 28,875.00 37,312.50 28,875.00 - 18,525.00 60.92 101 - 555641 Tax Note - SR2015A- Principal 150,000.00 - - - - 150,000.00 0 101 - 555641.1 Tax Note - SR2015A - Interest 4,697.00 2,348.50 3,503.50 2,348.50 - 2,348.50 50 101 - 555642 Bond -GO SR2016- Principal 235,000.00 235,000.00 225,000.00 235,000.00 - - 100 101 - 555642.1 Bond -GO SR2016- Interest 141,207.00 72,953.13 77,453.13 72,953.13 - 68,253.87 51.66 101 - 555643 Bond- TaxableB CO SR2016- Princi 60,000.00 60,000.00 60,000.00 60,000.00 - - 100 101 - 555643.1 Bond - Taxable CO SR2016- Interes 42,063.00 21,481.25 22,381.25 21,481.25 - 20,581.75 51.07 101 - 555644 Bond- NonTaxA CO SR2016- Princip 190,000.00 190,000.00 180,000.00 190,000.00 - - 100 101 - 555644.1 Bond- NonTax CO SR2016- Interest 48,169.00 25,984.38 29,584.38 25,984.38 - 22,184.62 53.94 101 - 555645 Bond -CO SR2017- Principal 405,000.00 295,000.00 290,000.00 295,000.00 - 110,000.00 72.84 101 - 555645.1 Bond -CO SR2017 - Interest 126,800.00 63,062.50 67,412.50 63,062.50 - 63,737.50 49.73 101 - 555646 Bond -GO SR2017 - Principal 160,000.00 160,000.00 155,000.00 160,000.00 - - 100 101 - 555646.1 Bond -GO SR2017 - Interest 104,925.00 53,662.50 55,987.50 53,662.50 - 51,262.50 51.14 101 - 555647 Bond -GO 2018 Refund- Principal 570,000.00 570,000.00 560,000.00 570,000.00 - - 100 101 - 555647.1 Bond -GO 2018 Refund - Interest 98,368.00 52,205.00 58,141.00 52,205.00 - 46,163.00 53.07 101 - 555648 Bond -CO SR2018 - Principal 235,000.00 235,000.00 220,000.00 235,000.00 - - 100 101 - 555648.1 Bond -CO 2018 - Interest 175,888.00 90,881.25 96,381.25 90,881.25 - 85,006.75 51.67 101 - 555649 Bond -GO 2018 Ref - Principal 530,000.00 530,000.00 580,000.00 530,000.00 - - 100 101 - 555649.1 Bond -GO 2018 Ref - Interest 199,694.00 106,471.88 120,971.87 106,471.88 - 93,222.12 53.32 101 - 555650 Bond -CO 2019 - Principal 255,000.00 255,000.00 250,000.00 255,000.00 - - 100 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 505 -TAX I & S CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET % OF BUDGET GENERAL GOVERNMENT BUDGET QUARTER ENCUMBRANCE BALANCE NON DEPARTMENTAL 101 - 555650.1 Bond -CO 2019 - Interest 122,700.00 63,262.50 67,012.50 63,262.50 59,437.50 51.56 TOTAL Debt Service 7,044,861.00 5,648,062.89 5,807,380.75 5,648,062.89 1,396,798.11 80.17% Other Financing Sources TOTAL' EXPENDITURES 7,094,861.00 5,649,662.89 5,809,380.75 5,824,662.41 1,270,198.59 82.10% TAX 1 &S CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Claim on Operating Cash Pool- Checking $ 59,759.72 MBIA Investment- Tax I &S 1,768,221.16 Total Cash in Bank & Investments $ 1,827,980.88 620 -SED CORPORATION FINANCIAL SUMMARY REVENUE SUMMARY Taxes Fund Transfers Miscellaneous CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: March 31, 2021 CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D ACTUAL Y -T -D BUDGET QUARTER ENCUMBRANCE 4,507,371.00 3,496,428.00 141,000.00 1,158,553.94 27,232.39 2,387,218.57 216,564.24 2,458,140.71 40, 819.99 BUDGET % OF BALANCE BUDGET 2,049,230.29 54.54 3,496,428.00 - 100,180.01 28.95 EXPENDITURE SUMMARY NONDEPARTMENTAL City Assistance 3,119,275.00 - 746,991.90 200,000.00 - 2,919,275.00 6.41 Fund Charges /Transfers 4,050,000.00 - - - - 4,050,000.00 - TOTAL NONDEPARTMENTAL 7,169,275.00 - ` 746,991.90 200,000.00 - 6,969,275.00 2.79 %i MISC & PROJECTS PROJECTS ECONOMIC DEVELOPMENT Supplies 500.00 86.25 281.57 183.16 42.23 274.61 45.08 City Support Services 21,150.00 - 4,537.56 1,810.07 - 19,339.93 8.56 Utility Services 3,695.00 346.49 764.49 506.07 - 3,188.93 13.70 Operations Support 148,610.00 10,183.39 18,367.31 17,463.82 40.00 131,106.18 11.78 Staff Support 28,100.00 697.49 2,691.18 1,592.69 124.89 26,382.42 6.11 City Assistance 202,500.00 - 264.33 - - 202,500.00 - Professional Services 61,300.00 1,920.50 6,386.46 7,544.00 - 53,756.00 12.31 Fund Charges /Transfers 504,669.00 - 230,818.00 230,818.00 - 273,851.00 45.74 Operating Equipment 5,000.00 2,000.00 651.90 2,000.00 - 3,000.00 40.00 TOTAL ECONO DEVELOPMENT 975,524.00 15,234.12 264,762.80 261,917.81 207.12 713,399.07 26.87% SED CORPORATION CASH IN BANK AND INVESTMENTS AS OF: March 31, 2021 Cash in Bank Claim on Operating Cash Pool- Checking $ 330,875.22 Cash in Investments Texas Class Investment - Economic Development Corp 19,754,411.91 Schertz Bank & Trust - Certificate of Deposit 1,080,548.16 Schertz Bank & Trust - Certificate of Deposit 1,116,943.91 Total Cash in Bank & Investments $ 22`,282,779.20